1996 Permanent House Journal Printed Pages 1930-1940 - South Carolina Legislature Online

Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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Printed Page 1920, Apr. 3 | Printed Page 1940, Apr. 3

Printed Page 1930 . . . . . Wednesday, April 3, 1996

Rep. CROMER explained the amendment.

The amendment was then adopted.

Reps. FELDER and SPEARMAN proposed the following Amendment No. 2 (Doc Name P:\amend\PT\2396DW.96), which was adopted.

Amend the committee report, as and if amended, SECTION 1, page 1101-1, Section 7-5-10, line 30, by striking /by and with the advice and consent of the Senate/ and inserting / upon the recommendation of the senatorial delegation and at least half of the members of the House of Representatives from the respective counties /.

Amend title to conform.

Rep. SPEARMAN explained the amendment.

The amendment was then adopted.

Rep. ROBINSON proposed the following Amendment No. 4 (Doc Name P:\amend\BBM\10739DW.96), which was adopted.

Amend the report, as and if amended, Section 7-5-35, page 1101-2, by striking lines 3 through 10 and inserting:

/"Section 7-5-35. If a county operates its elections through an a combined election and registration commission composed of seven members, the structure and composition are not affected or changed by the provisions of this act. However, the provisions for inclusion of majority and minority party representatives upon the combined commission and upon the expanded commission as constituted for primary elections and protests must be applied to the seven-member combined commission, mutatis mutandis./

Renumber sections to conform.

Amend totals and title to conform.

Rep. ROBINSON explained the amendment.

The amendment was then adopted.

Rep. CROMER explained the Bill.

Rep. ROBINSON proposed the following Amendment No. 5 (Doc Name P:\amend\BBM\10738DW.96), which was tabled.

Amend the report, as and if amended, Section 7-5-10, page 1101-1, by inserting after the /Commission./ on line 39: /All employees of the boards must complete the training and certification program within twelve months

Printed Page 1931 . . . . . Wednesday, April 3, 1996

of their hire or by July 1, 1997 for other employees. Any retraining or recertification is at the discretion of the board./.

Amend further, Section 7-5-35, page 1101-2, by inserting after /Commission./ on line 13: /All employees of the commissions must complete the training and certification program within twelve months of their hire or by July 1, 1997 for other employees. Any retraining or recertification is at the discretion of the commissions./.

Amend further, Section 7-13-70, page 1101-4, by inserting after /Commission./ on line 5: /All employees of the commissions must complete the training and certification program within twelve months of their hire or by July 1, 1997 for other employees. Any retraining or recertification is at the discretion of the commissions./.

Amend title to conform.

Rep. ROBINSON explained the amendment.

Rep. CROMER spoke against the amendment and moved to table the amendment, which was agreed to.

The Bill, as amended, was read the second time and ordered to third reading.

S. 1101--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CROMER, with unanimous consent, it was ordered that S. 1101 be read the third time tomorrow.

H. 4537--RECONSIDERED, AMENDED AND ORDERED TO THIRD READING

Rep. HARRISON moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.

H. 4537 -- Reps. Hutson, Cromer, Limehouse, Herdklotz, Seithel, R. Smith, Simrill, Littlejohn, Sharpe, Bailey, Young-Brickell, Wofford, Fulmer, Rhoad, Inabinett, Walker, Davenport, Witherspoon, Sandifer, Waldrop, Riser, Dantzler, Law, Allison, J. Harris and Kinon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT DAY CARE CENTERS FROM EMPLOYING PERSONS CONVICTED OF CERTAIN CRIMES, TO CREATE A CRIMINAL OFFENSE WHEN A PERSON CONVICTED OF CERTAIN CRIMES APPLIES TO OR IS EMPLOYED BY A DAY CARE CENTER, TO REQUIRE EMPLOYMENT APPLICATIONS TO INCLUDE A STATEMENT

Printed Page 1932 . . . . . Wednesday, April 3, 1996

REGARDING THE CRIMINAL OFFENSE, TO REQUIRE FINGERPRINT REVIEWS FOR EMPLOYEES AND CAREGIVERS, TO ALLOW TEMPORARY EMPLOYMENT PENDING RESULTS OF THE REVIEWS, AND TO WAIVE FINGERPRINT REVIEWS FOR PERSONS CONTINUOUSLY EMPLOYED IN DAY CARE CENTERS FOR ONE YEAR PRIOR TO THIS ACT'S EFFECTIVE DATE; BY ADDING SECTION 20-7-3092 SO AS TO EXEMPT FROM THE FINGERPRINT REVIEW REQUIREMENTS CERTIFIED EDUCATION PERSONNEL AND LICENSED FOSTER PARENTS WHO HAVE UNDERGONE FINGERPRINT REVIEWS; BY AMENDING SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, AND 20-7-2900, ALL AS AMENDED, AND ALL RELATING TO DAY CARE LICENSING, APPROVAL, REGISTRATIONS, AND RENEWALS, SO AS TO DELETE, FOR THE PURPOSE OF CONSOLIDATION, PROVISIONS RELATING TO EMPLOYMENT IN DAY CARE CENTERS; AND BY AMENDING SECTION 20-7-2905, RELATING TO FEES FOR CRIMINAL HISTORY REVIEWS, SO AS TO PROHIBIT THE STATE LAW ENFORCEMENT DIVISION FROM CHARGING MORE THAN THE FEDERAL BUREAU OF INVESTIGATION FOR THESE REVIEWS.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Tuesday, April 2, by the Committee on Judiciary.

Rep. COTTY explained the amendment.

The amendment was then adopted.

Rep. ROBINSON proposed the following Amendment No. 2 (Doc Name P:\amend\JIC\5765HTC.96), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION . Section 20-7-2700b.(6) of the 1976 Code is amended to read:

"(6) summer school vacation or school holiday resident or day camps for children;/

Renumber sections to conform.

Amend title to conform.

Rep. ROBINSON explained the amendment.

The amendment was then adopted.

Printed Page 1933 . . . . . Wednesday, April 3, 1996

The Bill, as amended, was read the second time and ordered to third reading.

H. 4537--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HUTSON, with unanimous consent, it was ordered that H. 4537 be read the third time tomorrow.

H. 4614--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

H. 4614 -- Reps. Kelley, Easterday, Allison and Moody-Lawrence: A BILL TO AMEND TITLE 7, CHAPTER 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILDREN, SO AS TO ENACT THE CHILDREN'S CODE REFORM ACT OF 1996.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, March 27, by the Committee on Judiciary.

Rep. COTTY explained the amendment.

The amendment was then adopted.

Reps. HARRISON, THOMAS and KELLEY proposed the following Amendment No. 2 (Doc Name P:\amend\PFM\9144AC.96), which was adopted.

Amend the bill, as and if amended, page 4614-4, line 4, by deleting /(C)/ and inserting /(C)(3)/; and on line 23, by deleting /(3)/ and inserting /(3)(c)/.

Amend title to conform.

Rep. COTTY explained the amendment.

The amendment was then adopted.

Rep. SPEARMAN proposed the following Amendment No. 3 (Doc Name P:\amend\JIC\5749AC.96), which was tabled.

Amend the bill, as and if amended, Section 20-7-510, page 4614-8, line 29, by deleting /, or other school official/ and inserting /, principal, assistant principal, /

Amend further, Section 20-7-510, page 4614-8, line 40, by deleting /may be/.

Amend title to conform.

Printed Page 1934 . . . . . Wednesday, April 3, 1996

Rep. SPEARMAN explained the amendment.

Rep. COTTY spoke against the amendment and moved to table the amendment, which was agreed to.

Reps. SHISSIAS and HARRISON proposed the following Amendment No. 4 (Doc Name P:\amend\PFM\9198AC.96), which was tabled.

Amend the Judiciary Committee Report, as and if amended, Section 20-7-490(C)(3), page 4614-4, line 33, before the /;/ by inserting:

/or when the failure to provide health care or the selection of nonmedical health care is pursuant to a decision of the parent or guardian based on religious belief/.

Amend title to conform.

Rep. SHISSIAS explained the amendment.

Rep. COTTY spoke against the amendment and moved to table the amendment, which was agreed to.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of amendments.

RECURRENCE TO THE MORNING HOUR

Rep. COTTY moved that the House recur to the morning hour, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 4872 -- Reps. Limehouse, L. Whipper, Harrell, Whatley, S. Whipper, Breeland and Seithel: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO THE HONORABLE RONALD CALHOUN FULMER OF CHARLESTON COUNTY FOR HIS OUTSTANDING PUBLIC SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY.

Whereas, since 1991, the Honorable Ronald Calhoun Fulmer has represented the citizens of District 119 in the House of Representatives; and

Whereas, he has served with distinction on the Ways and Means Committee and has been the chairman of the Budgeting and Agency Review Subcommittee; and

Printed Page 1935 . . . . . Wednesday, April 3, 1996

Whereas, we have come to know and admire Ron Fulmer for his energy, insight, and diligence, and the people of the great State of South Carolina have benefited from his dedication; and

Whereas, he has chosen not to seek reelection to the House of Representatives in 1996; and

Whereas, we want him to know that on behalf of the citizens of the entire Palmetto State his friendship, devotion to duty, and service have been greatly appreciated. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina, by this resolution, express appreciation to the Honorable Ronald Calhoun Fulmer of Charleston County for his outstanding public service as a member of the General Assembly.

Be it further resolved that a copy of this resolution be forwarded to Representative Fulmer.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4873 -- Reps. Limehouse, S. Whipper, Harrell, Whatley, Breeland and Seithel: A CONCURRENT RESOLUTION RECOGNIZING AND THANKING THE HONORABLE LUCILLE SIMMONS WHIPPER OF CHARLESTON COUNTY, OUR DEAR FRIEND AND ESTEEMED COLLEAGUE IN THE GENERAL ASSEMBLY, FOR HER OUTSTANDING AND DEVOTED SERVICE TO THE PEOPLE OF THE STATE OF SOUTH CAROLINA.

Whereas, the Honorable Lucille Simmons Whipper has represented House District 109, Charleston County, in the General Assembly since 1986; and

Whereas, in the House of Representatives, Representative Whipper served as a member of the Medical, Military, Public and Municipal Affairs Committee from 1986-92; she was chairman of the Subcommittee on Social Services and Mental Health from 1988-90; she served as a member of the Labor, Commerce and Industry Committee from 1992-94; she was chairman of the Subcommittee on Banking and Consumer Affairs from 1992-94; she served as second vice chairman of the Rules Committee; and she was a member of the Joint Legislative Committee on Energy and of the Joint Committee on State Employees; and

Printed Page 1936 . . . . . Wednesday, April 3, 1996

Whereas, long ago she earned the respect and abiding admiration of all of her colleagues in the General Assembly; her service has been outstanding and dedicated and she has left a lasting mark on the legislative history of this State; and

Whereas, she has chosen not to seek reelection in 1996; and

Whereas, her service and her presence in the General Assembly will be greatly missed. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina, by this resolution, recognize and thank the Honorable Lucille Simmons Whipper of Charleston County, our dear friend and esteemed colleague in the General Assembly, for her outstanding and devoted service to the people of the State of South Carolina.

Be it further resolved that a copy of this resolution be forwarded to Representative Lucille S. Whipper.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4874 -- Reps. Limehouse, L. Whipper, Harrell, Breeland, Whatley, Seithel and S. Whipper: A CONCURRENT RESOLUTION RECOGNIZING THE HONORABLE HARRY MORGAN HALLMAN, JR., OF CHARLESTON COUNTY FOR HIS EXEMPLARY SERVICE AND LEADERSHIP IN THE GENERAL ASSEMBLY AND WISHING HIM WELL IN HIS FUTURE ENDEAVORS.

Whereas, since 1989, the Honorable Harry Morgan Hallman, Jr., of Charleston County has served the people of the State of South Carolina as a member of the House of Representatives; and

Whereas, during these years, Harry Hallman has distinguished himself by his legislative service and leadership; and

Whereas, we are grateful for his insight, ability, hard work, and friendship; and

Whereas, he has chosen not to seek reelection to the House of Representatives in 1996; and

Whereas, we want him to know that he is considered a valued member of the General Assembly and that he has our best wishes for success and happiness in all of his future endeavors. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

Printed Page 1937 . . . . . Wednesday, April 3, 1996

That the members of the General Assembly of the State of South Carolina, by this resolution, recognize the Honorable Harry Morgan Hallman, Jr., of Charleston County for his exemplary service and leadership in the General Assembly and wish him well in his future endeavors.

Be it further resolved that a copy of this resolution be forwarded to Representative Hallman.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 4875 -- Reps. Allison and Wells: A BILL TO AMEND SECTION 59-63-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL POSSESSION OF PAGING DEVICES BY PUBLIC SCHOOL STUDENTS, SO AS TO PROVIDE THAT PAGING DEVICES CONFISCATED PURSUANT TO THE PROVISIONS OF THIS SECTION ARE NOT FORFEITED TO THE SCHOOL DISTRICT AND TO ESTABLISH PROCEDURES WHEREBY THESE CONFISCATED PAGING DEVICES SHALL BE RETURNED TO THE STUDENT OR OTHER LAWFUL OWNER AT THE END OF THE APPLICABLE SCHOOL TERM.

Referred to Committee on Education and Public Works.

H. 4876 -- Reps. Trotter, Harrison, Townsend, Young-Brickell, Sandifer, Herdklotz, Meacham, Cain, Wilder, Whatley, Law, Cromer, Easterday, Rice, Wofford, Cato, Tripp, Chamblee, Robinson, Witherspoon, Stoddard, Harrell, Marchbanks, Limehouse, Vaughn, Rhoad, Cooper and Lanford: A BILL TO AMEND SECTION 7-11-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF CANDIDACY AND PLEDGE, SO AS TO REQUIRE THAT THE NAMES OF ALL CANDIDATES FOR SELECTION AS NOMINEES OF ANY POLITICAL PARTY MUST BE RELEASED TO ANY PERSON REQUESTING THE NAMES AT ANY TIME DURING THE FILING PERIOD.

Referred to Committee on Judiciary.

Printed Page 1938 . . . . . Wednesday, April 3, 1996

H. 4877 -- Rep. Sharpe: A BILL TO AMEND CHAPTER 1, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING ARTICLE 3 SO AS TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO PROVIDE ADMINISTRATIVE REGULATION OF PROFESSIONS AND OCCUPATIONS AND TO SET FORTH THE FRAMEWORK FOR SUCH REGULATION INCLUDING, BUT NOT LIMITED TO, ADVISORY PANELS AND DISCIPLINARY PANELS AND THEIR POWERS AND DUTIES.

Referred to Committee on Labor, Commerce and Industry.

H. 4614--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of amendments.

Rep. COBB-HUNTER proposed the following Amendment No. 5, which was adopted.

Amend the bill, by adding a new section to read:

Page 8, Section 20-7-505( ), the law enforcement officer upon receipt of a report of domestic violence may report this information to the Department of Social Services. The department may treat the case as suspected report of abuse and may investigate the case as in other allegations of abuse in order to determine if the child has been harmed.

Rep. COBB-HUNTER explained the amendment.

ACTING SPEAKER H. BROWN IN CHAIR

Rep. COBB-HUNTER continued speaking.

SPEAKER IN CHAIR

Rep. COTTY spoke in favor of the amendment.

The amendment was then adopted.

Printed Page 1939 . . . . . Wednesday, April 3, 1996

Rep. MOODY-LAWRENCE proposed the following Amendment No. 6, which was adopted.

On page 4614-25, amend by adding:

Section 20-7-650(O), add at the end of section (O):

In cases where the agency retains custody of the minor child(ren) and physical placement of the child(ren) is in the care of relatives the agency must provide the same services along with financial benefits provided to other licensed foster care placement and facilities provided the adult(s) with whom the child is placed meets all qualifications applicable to foster parents.

Rep. MOODY-LAWRENCE explained the amendment.

The amendment was then adopted.

Rep. SPEARMAN proposed the following Amendment No. 7 (Doc Name P:\amend\JIC\5749AC.96), which was adopted.

Amend the bill, as and if amended, Section 20-7-510, page 4614-8, line 29, by deleting /, or other school official/

and inserting /, principal, assistant principal, /

Rep. SPEARMAN explained the amendment.

The amendment was then adopted.

Rep. MOODY-LAWRENCE explained the Bill.

Rep. COTTY spoke in favor of the Bill.

The Bill, as amended, was read the second time and ordered to third reading.

H. 4614--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. COTTY, with unanimous consent, it was ordered that H. 4614 be read the third time tomorrow.

H. 4445--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4445 -- Reps. Harrison, Baxley, Martin, D. Smith, Wofford, Jennings, Kelley and J. Young: A BILL TO AMEND SECTION 1-23-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES IN CONTESTED CASES UNDER THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE THAT ALL CONTESTED CASE PROCEEDINGS BEFORE

Printed Page 1940 . . . . . Wednesday, April 3, 1996

AN ADMINISTRATIVE LAW JUDGE SHALL BE GOVERNED BY THE RULES OF PROCEDURE OF THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTION 1-23-330, RELATING TO EVIDENTIARY MATTERS IN CONTESTED CASES, SO AS TO PROVIDE THAT THE STANDARD OF PROOF SHALL BE THE PREPONDERANCE OF THE EVIDENCE EXCEPT IN PROFESSIONAL LICENSING CASES IN WHICH THE STANDARD OF PROOF SHALL BE CLEAR AND CONVINCING EVIDENCE; TO AMEND SECTION 1-23-570, RELATING TO THE CHIEF JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION BEING RESPONSIBLE FOR THE ADMINISTRATION OF THE DIVISION, SO AS TO PROVIDE THAT THE CHIEF JUDGE SHALL ASSIGN JUDGES TO HEAR ALL CASES RATHER THAN CONTESTED CASES COMING BEFORE THE DIVISION; TO AMEND SECTION 1-23-580, RELATING TO THE CLERK OF THE ADMINISTRATIVE LAW JUDGE DIVISION AND OTHER SUPPORT STAFF, SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF THE CHIEF JUDGE TO HIRE AND SUPERVISE CERTAIN SUPPORT STAFF, AND TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE AN ADMINISTRATIVE ASSISTANT AS INDIVIDUALLY ALLOTTED AND AUTHORIZED IN THE ANNUAL GENERAL APPROPRIATIONS ACT; TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO RULES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THESE RULES AND THEIR PROMULGATION AND REVIEW; AND TO AMEND SECTION 48-39-160, AS AMENDED, RELATING TO JURISDICTION OF THE CIRCUIT COURT TO RESTRAIN VIOLATIONS OF COASTAL ZONE PROVISIONS, SO AS TO TRANSFER THIS JURISDICTION TO THE ADMINISTRATIVE LAW JUDGE DIVISION.

Printed Page 1920, Apr. 3 | Printed Page 1940, Apr. 3

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