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

Page Finder Index

| Printed Page 4020, May 22 | Printed Page 4040, May 22 |

Printed Page 4030 . . . . . Wednesday, May 22, 1996

Rep. DELLENEY, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Stephen S. Bartlett and Timothy L. Brown.

Reps. SIMRILL and MEACHAM seconded the nomination of Mr. Bartlett.

On motion of Rep. DELLENEY, nominations were closed.

The following named Senators voted for Mr. Bartlett:

Boan                 Courson              Elliott
Fair                 Hayes                Leatherman
Martin               McConnell            Rose
Russell              Smith, J.V.          Thomas
Wilson               

TOTAL--13

The following named Senators voted for Mr. Brown:

Alexander            Bryan                Cork
Courtney             Drummond             Ford
Giese                Glover               Gregory
Holland              Hutto                Jackson
Land                 Lander               Matthews
McGill               Mescher              Moore
O'Dell               Passailaigue         Patterson
Peeler               Rankin               Reese
Richter              Ryberg               Saleeby
Setzler              Short                Smith, G.
Waldrep              Washington           

TOTAL--32

On motion of Rep. FLEMING, with unanimous consent, the Members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Bartlett:

Allison              Anderson             Baxley
Boan                 Brown, H.            Brown, J.
Cain                 Cato                 Chamblee
Clyburn              Cooper               Delleney
Easterday            Felder               Fleming
Gamble               Harrell              Harvin
Hines, M.            Jennings             Keegan
Kelley               Kinon                Klauber
Knotts               Lanford              Law
Lee                  Limbaugh             Limehouse
Littlejohn           Marchbanks           Martin
Mason                McAbee               McCraw
McKay                Meacham              Neilson
Quinn                Rhoad                Rice
Riser                Robinson             Sandifer
Seithel              Sharpe               Simrill
Smith, D.            Smith, R.            Spearman
Stoddard             Stuart               Townsend
Tripp                Trotter              Tucker
Vaughn               Waldrop              Walker
Wells                Wilkins              Witherspoon
Wright               Young                Young-Brickell

Total--66

The following named Representatives voted for Mr. Brown:

Askins               Bailey               Breeland
Brown, T.            Byrd                 Canty
Carnell              Cave                 Cobb-Hunter
Cotty                Cromer               Dantzler
Davenport            Govan                Hallman
Harris, J.           Hines, J.            Hodges
Howard               Hutson               Inabinett
Jaskwhich            Keyserling           Kirsh
Koon                 Lloyd                Loftis
McElveen             McMahand             McTeer
Moody-Lawrence       Neal                 Phillips
Richardson           Rogers               Scott
Shissias             Stille               Whatley
Whipper, L.          Whipper, S.          White
Wilder               Wilkes               Williams
Wofford              

Total--46


Printed Page 4032 . . . . . Wednesday, May 22, 1996

RECAPITULATION

Total Number of Senators voting. . . . .45
Total Number of Representatives voting. . . . .112
Grand Total. . . . .157

Necessary to a choice. . . . .79

Of which Mr. Bartlett received. . . . .79

Of which Mr. Brown received. . . . .78

Whereupon, the President announced that Mr. Stephen S. Bartlett having received a majority of the votes cast, was duly elected for the term prescribed by law.

RECORD FOR VOTING

I voted for Mr. Bartlett but my vote did not register.

Rep. RONALD C. FULMER

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:35 P.M. the House resumed, the SPEAKER in the Chair.

Rep. YOUNG-BRICKELL moved that the House recede until 2:00 P.M., which was adopted.

THE HOUSE RESUMES

At 2:00 P.M. the House resumed, the SPEAKER in the Chair.

ACTING SPEAKER COOPER IN CHAIR

SPEAKER IN CHAIR

LEAVES OF ABSENCE

The SPEAKER granted Reps. WILKES and LOFTIS a leave of absence for the remainder of the day.

The SPEAKER granted Reps. J. BROWN and BYRD a temporary leave of absence.


Printed Page 4033 . . . . . Wednesday, May 22, 1996

The SPEAKER granted Rep. BAILEY a temporary leave of absence.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 22, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Senators Giese, Fair and Reese of the Committee of Free Conference on the part of the Senate on S. 846:

S. 846 -- Senator Giese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 22, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 846:

S. 846 -- Senator Giese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.
Very respectfully,
President

Received as information.

S. 507--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 22, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 507 and asks for a Committee of Conference


Printed Page 4034 . . . . . Wednesday, May 22, 1996

and has appointed Senators Wilson, O'Dell and Hayes of the Committee of Conference on the part of the Senate:

S. 507 -- Senator Wilson: A BILL TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE BUSINESS, SO AS TO REVISE THE QUALIFICATIONS AN APPLICANT WHO DESIRES TO OPERATE A PRIVATE DETECTIVE BUSINESS MUST POSSESS, AND TO ESTABLISH THE QUALIFICATIONS A PRIVATE DETECTIVE EMPLOYED BY A PRIVATE DETECTIVE BUSINESS MUST POSSESS.
Very respectfully,
President

Whereupon, the Chair appointed Reps. KIRSH, YOUNG-BRICKELL and WHATLEY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

CONCURRENT RESOLUTION

The following was introduced:

H. 5057 -- Reps. Wilkins, Haskins, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. LUCILE ROUKOS SHEHEEN OF CAMDEN, MOTHER OF OUR FRIEND AND DISTINGUISHED COLLEAGUE, THE


Printed Page 4035 . . . . . Wednesday, May 22, 1996

HONORABLE ROBERT J. SHEHEEN, AND EXTENDING DEEPEST SYMPATHY TO ALL OF THE MEMBERS OF THE SHEHEEN FAMILY.

Whereas, Mrs. Lucile Roukos Sheheen of Camden died on May 21, 1996, at the age of eighty-three; and

Whereas, Mrs. Sheheen was the wife of Austin Moses Sheheen, Sr.; she was born in Summerton and was a daughter of the late Fred Joseph and Labiby Daou Roukos, both natives of Lebanon; Mrs. Sheheen was a member of Our Lady of Perpetual Help Catholic Church in Camden, and she is survived by her husband, her sons, Austin M. Sheheen, Jr., Fred R. Sheheen, Robert J. Sheheen, and E. Michael Sheheen, all of Camden, her sisters Marie R. Marsha of Columbia and BeBe R. Bailey of Camden, ten grandchildren, and twenty-one great grandchildren; and

Whereas, Mrs. Sheheen was an outstanding lady who was highly esteemed, admired, and loved by everyone who knew her; she was greatly dedicated to family, community, and Church, and she will be missed very much; and

Whereas, we received the news of Mrs. Sheheen's death with profound sorrow, and we want our dear friend Bob and all of the other members of the Sheheen family to know that they are uppermost in our thoughts and prayers and have our very deepest sympathy. 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 their profound sorrow at the death of Mrs. Lucile Roukos Sheheen of Camden, mother of our friend and distinguished colleague, the Honorable Robert J. Sheheen, and extend their deepest sympathy to all of the members of the Sheheen family.

Be it further resolved that a copy of this resolution be forwarded to The Honorable Robert J. Sheheen.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5058 -- Rep. Harvin: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING CARRIE SINKLER-PARKER OF ALCOLU ON RECEIVING THE FIRST


Printed Page 4036 . . . . . Wednesday, May 22, 1996

ANNUAL MARY MCLEOD BETHUNE PERSEVERANCE, ACHIEVEMENT AND CHARITY AWARD.

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

HOUSE RESOLUTION

The following was introduced:

H. 5059 -- Reps. Delleney, Kirsh, Meacham, McCraw, Moody-Lawrence and Simrill: A HOUSE RESOLUTION RECOGNIZING AND HONORING THE HONORABLE JUANITA C. W. GOGGINS OF YORK COUNTY, THE FIRST AFRICAN-AMERICAN WOMAN TO BE ELECTED TO THE SOUTH CAROLINA GENERAL ASSEMBLY.

The Resolution was adopted.

S. 659--DEBATE ADJOURNED

Rep. D. SMITH moved to adjourn debate upon the following Bill until Thursday, May 23, which was adopted.

S. 659 -- Senators Cork, Greg Smith, Elliott, McConnell and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.

S. 1152--DEBATE ADJOURNED

Rep. MARTIN moved to adjourn debate upon the following Bill, which was adopted.

S. 1152 -- Senator Fair: A BILL TO AMEND SECTION 16-15-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON CERTAIN CHILDREN, SO AS TO REVISE THE AGES OF A VICTIM AND A PERPETRATOR OF THIS OFFENSE.


Printed Page 4037 . . . . . Wednesday, May 22, 1996

S. 929--RECONSIDERED AND ORDERED TO THIRD READING

The motion of Rep. SCOTT to reconsider the vote whereby debate was adjourned on the following Bill until Thursday, May 23 was taken up and agreed to.

S. 929 -- Senators McConnell, Ryberg and Wilson: A BILL TO AMEND SECTION 5-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENT UPON TERMS OF CONSOLIDATION, SO AS TO PROVIDE THAT WHEN THE CORPORATE LIMITS OF ANY MUNICIPALITY ARE ENLARGED BY INCLUSION OF TERRITORY OF ANOTHER ADJACENT MUNICIPALITY IN WHOLE OR IN PART, THE GOVERNING BODIES OF THE MUNICIPALITIES MAY, AFTER PUBLIC HEARING, STIPULATE AND AGREE UPON TERMS OF CONSOLIDATION OR BOUNDARY ADJUSTMENT BY ORDINANCE ADOPTED BY EACH MUNICIPALITY.

AMENDMENT NO. 1--MOTION TO RECONSIDER TABLED

The motion of Rep. ROBINSON to reconsider the vote whereby Amendment No. 1 was tabled was taken up.

Rep. RICHARDSON spoke in favor of the motion to reconsider.

Rep. WHITE spoke against the motion to reconsider.

Rep. JENNINGS moved to table the motion to reconsider, which was agreed to.

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

S. 1286--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. LIMBAUGH having the floor.

S. 1286 -- Judiciary Committee: 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 PROVIDE THAT A PERSON WHO HAS BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES WHO APPLIES FOR EMPLOYMENT AT OR IS EMPLOYED BY A DAY CARE CENTER IS GUILTY OF A MISDEMEANOR, AND TO REQUIRE AN EMPLOYMENT APPLICATION TO INCLUDE A STATEMENT


Printed Page 4038 . . . . . Wednesday, May 22, 1996

NOTIFYING AN APPLICANT OF THIS CRIMINAL OFFENSE; TO REQUIRE FINGERPRINT REVIEWS FOR EMPLOYEES AND CAREGIVERS; TO ALLOW TEMPORARY OR PROVISIONAL EMPLOYMENT PENDING RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION FINGERPRINT REVIEW IN CERTAIN CIRCUMSTANCES; TO PROVIDE THAT THE CRIMINAL HISTORY REVIEWS APPLY TO AN EMPLOYEE OR VOLUNTARY CAREGIVER OF A DAY CARE CENTER, GROUP DAY CARE HOME, FAMILY DAY CARE HOME, OR CHURCH OR RELIGIOUS DAY CARE CENTER WHO PROVIDES CARE TO A CHILD WITHOUT THE DIRECT PERSONAL SUPERVISION OF A PERSON LICENSED, REGISTERED, OR APPROVED UNDER THIS SUBARTICLE AND TO OTHER EMPLOYEES OR VOLUNTEERS WHO HAVE DIRECT ACCESS TO A CHILD OUTSIDE THE IMMEDIATE PRESENCE OF A PERSON WHO HAS UNDERGONE THE FINGERPRINT REVIEW REQUIRED UNDER THE SECTION; TO WAIVE FINGERPRINT REVIEWS FOR CERTAIN PERSONS; TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, AND 20-7-2900, AS AMENDED, RELATING TO DAY CARE LICENSING, APPROVAL, REGISTRATIONS AND RENEWALS, SO AS TO REVISE THE CRIMINAL OFFENSES WHICH PRECLUDE A PERSON FROM OBTAINING A LICENSE, APPROVAL, OR REGISTRATION; TO AMEND SECTION 20-7-2905, AS AMENDED, RELATING TO FEES FOR CRIMINAL HISTORY REVIEWS, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION AND THE FEDERAL BUREAU OF INVESTIGATION TO PROVIDE TWO COPIES OF THE RESULTS OF THESE REVIEWS; AND TO AMEND SECTION 20-7-3095, RELATING TO THE SEPARATE CRIMINAL OFFENSE OF COMMITTING CERTAIN OFFENSES WITHIN A SPECIFIED RADIUS OF DAY CARE FACILITIES, SO AS TO AMEND THE LIST OF OFFENSES.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, by the Committee on Judiciary.

The amendment was then adopted.


Printed Page 4039 . . . . . Wednesday, May 22, 1996

Rep. HUTSON proposed the following Amendment No. 3 (Doc Name P:\amend\PFM\9416AC.96), which was adopted.

Amend the Committee on Judiciary report, as and if amended, Section 20-7-2725(B), page 1286-1, by deleting line 42, and on page 1286-2, line 1, by deleting /services/.

Amend further, Section 20-7-2725, page 1286-2, by deleting subsection (D) and inserting:

/(D) To be employed by or to provide caregiver services at a day care facility licensed, registered, or approved under this subarticle, a person first shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. A person may be provisionally employed or may provisionally provide caregiver services after the favorable completion of the State Law Enforcement Division fingerprint review and until such time as the Federal Bureau of Investigation review is completed if the person affirms in writing on a form provided by the department that he or she has not been convicted of any crime enumerated in this section. The results of the fingerprint reviews are valid and reviews are not required to be repeated as long as the person remains employed by or continues providing caregiver services in a day care center, group day care home, family day care home, or church or religious day care center; however, if a person is not employed or does not provide caregiver services for one year or longer, the fingerprint reviews must be repeated./

Amend further, Section 20-7-2730, page 1286-4, by deleting lines 6-17.

Amend further, Section 20-7-2740, page 1286-5, by deleting lines 7-18.

Amend further, Section 20-7-2740, page 1286-5, by deleting lines 29-35 and inserting:

/(F) A licensee seeking license renewal under this section, its employees, and its caregivers, who have not done so previously, on the first renewal after June 30, 1995, or by June 30, 1996, whichever is later, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history./

Amend further, Section 20-7-2810, page 1286-6, by deleting lines 30-37 and inserting:

/(D) A person applying for approval renewal under this section, a person who will operate the facility, and its employees and caregivers, who have not done so previously, on the first approval renewal after June


| Printed Page 4020, May 22 | Printed Page 4040, May 22 |

Page Finder Index