The following Bill was taken up.
H. 4136 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-250 SO AS TO PROVIDE THAT A PERSON WHO COLLECTS AND SUBMITS AN ANONYMOUS SAMPLE OF THE PERSON'S OWN BODY FLUID OR TISSUE FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING IS NOT REQUIRED TO REPORT A POSITIVE TEST RESULT AND THAT THE RESULTS ARE CONFIDENTIAL; AND TO FURTHER PROVIDE THAT A POSITIVE RESULT MUST BE REPORTED BY THE LABORATORY TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITHOUT IDENTIFYING INFORMATION INCLUDED IN THE REPORT.
Rep. FAIR moved to adjourn debate upon the Bill until Tuesday, May 23.
Rep. HUFF moved to table the motion, which was agreed to by a division vote of 41 to 19.
Rep. FAIR explained the Bill.
The Bill was read the third time and ordered sent to the Senate by a division vote of 53 to 20.
The motion period was dispensed with on motion of Rep. SHEHEEN.
Debate was resumed on the following Bill, the pending question being the consideration of the motion to reconsider the vote whereby Amendment No. 3 was rejected.
S. 46 -- Senators Jackson, Elliott, Rose and Washington: A BILL TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, AND 20-7-2900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF LICENSES FOR PRIVATE
Debate was resumed on the motion to reconsider the vote whereby Amendment No. 3 was rejected, which was agreed to by a division vote of 37 to 29.
Reps. FAIR, HASKINS, HUFF, VAUGHN, ROBINSON and SIMRILL proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\DKA\4020AC.95), which was tabled.
Amend the bill, as and if amended, by deleting SECTION 7 of the bill in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. FAIR explained the amendment.
The ACTING SPEAKER HUFF granted Rep. G. BROWN a leave of absence for the remainder of the day.
Rep. FAIR continued speaking.
Rep. FAIR spoke in favor of the amendment.
Rep. GAMBLE spoke against the amendment.
Rep. ROBINSON spoke in favor of the amendment.
Rep. CROMER moved to table the amendment.
Rep. TRIPP demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Askins Baxley Boan Breeland Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Cotty Cromer Dantzler Felder Fulmer Gamble Hallman Harris, J. Hines Hodges Howard Hutson Inabinett Jennings Keegan Keyserling Kirsh Knotts Lloyd McAbee McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Rogers Scott Sheheen Shissias Spearman Stille Stoddard Stuart Townsend Trotter Tucker Whipper, S. White Wilder Wilkes Witherspoon
Those who voted in the negative are:
Allison Brown, H. Cain Carnell Cato Chamblee Davenport Delleney Easterday Fair Fleming Harvin Herdklotz Huff Kelley Kinon Klauber Law
Limbaugh Limehouse Littlejohn Marchbanks Meacham Quinn Rice Robinson Sandifer Seithel Sharpe Simrill Smith, R. Tripp Vaughn Waldrop Walker Wells Wilkins Wofford Young, A. Young, J.
So, the amendment was tabled.
Rep. TRIPP moved that the House do now adjourn.
Rep. CROMER demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Beatty Boan Breeland Brown, H. Carnell Chamblee Clyburn Cooper Dantzler Delleney Fair Felder Fleming Herdklotz Hines Huff Kinon Kirsh Klauber Littlejohn Marchbanks McAbee McCraw McMahand Phillips Rhoad Rice Robinson Sharpe Smith, R. Stille Stoddard Townsend Tripp Trotter Tucker Waldrop Walker Wells Whipper, S. Young, J.
Those who voted in the negative are:
Allison Askins Baxley Brown, J. Byrd Cain Cato Cave Cobb-Hunter
Cotty Cromer Davenport Easterday Fulmer Gamble Govan Hallman Harris, J. Harrison Harvin Hodges Howard Hutson Inabinett Keegan Kelley Keyserling Knotts Limbaugh Limehouse Lloyd Martin McElveen McTeer Meacham Moody-Lawrence Neal Quinn Richardson Riser Rogers Sandifer Scott Seithel Sheheen Shissias Simrill Spearman Stuart Thomas Vaughn Whatley White Wilder Wilkes Wilkins Witherspoon Wofford Wright Young, A.
So, the House refused to adjourn.
Reps. HASKINS and HUFF proposed the following Amendment No. 10, which was tabled.
Amend the bill, as and if amended, by deleting from page 9, line 22, beginning with word "Registration" through line 25.
Amend title to conform.
Rep. HUFF explained the amendment.
Reps. CROMER and SHISSIAS spoke against the amendment.
Rep. HUFF spoke in favor of the amendment.
Rep. NEAL spoke against the amendment.
Rep. SIMRILL moved that the House do now adjourn.
Those who voted in the affirmative are:
Anderson Baxley Brown, H. Carnell Clyburn Cooper Davenport Delleney Easterday Fair Felder Fleming Herdklotz Huff Jennings Klauber Marchbanks McAbee Rhoad Rice Robinson Sharpe Simrill Smith, D. Smith, R. Stille Stoddard Tripp Trotter Vaughn Walker Wells Whipper, S. Wilkins
Those who voted in the negative are:
Allison Askins Boan Breeland Brown, J. Byrd Cain Canty Cato Cave Cobb-Hunter Cotty Cromer Dantzler Fulmer Gamble Govan Hallman Harrell Harris, J. Harrison Harvin Harwell Hines Hodges Howard Hutson Inabinett Keegan Kelley Keyserling Kirsh Knotts Koon Law Limbaugh Limehouse Littlejohn Lloyd McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Richardson Riser Rogers Sandifer Seithel Shissias Spearman Stuart Thomas Whatley White
Wilder Wilkes Wofford Wright Young, A.
So, the House refused to adjourn.
Rep. NEAL moved to table the amendment.
Rep. KNOTTS demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Askins Baxley Boan Breeland Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cotty Cromer Dantzler Felder Fulmer Gamble Govan Hallman Harrell Harris, J. Harrison Harvin Hines Hodges Howard Hutson Inabinett Jennings Keyserling Kirsh Knotts Koon Law Lloyd Martin McAbee McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Rogers Seithel Sheheen Shissias Spearman Stille Stoddard Stuart Thomas Whatley White Wilder Wilkes Witherspoon
Those who voted in the negative are:
Allison Cain Carnell Cato Chamblee Cooper
Davenport Delleney Easterday Fair Fleming Herdklotz Kelley Klauber Limbaugh Limehouse Littlejohn Marchbanks Meacham Quinn Rice Robinson Sandifer Sharpe Simrill Smith, R. Tripp Trotter Vaughn Walker Wells Wilkins Wright Young, A. Young, J.
So, the amendment was tabled.
Rep. DAVENPORT proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\BBM\10311AC.95), which was tabled.
Amend the bill, as and if amended, Section 20-7-2730 by adding an appropriately lettered subsection to read:
/( ) Before a person is employed by the State Department of Social Services to work in the department's Day Care Licensing Division the person must undergo psychological testing and the test results must indicate that the person is psychologically and emotionally suited to carry out the responsibilities of the position. The Department of Social Services, after consulting with the State Board of Examiners in Psychology, shall promulgate regulations to carry out the requirements of this section./
Renumber sections to conform.
Amend title to conform.
Rep. DAVENPORT explained the amendment.
Rep. GAMBLE raised the Point of Order that Amendment No. 11 was out of order as it was not germane in that the Bill dealt with the licensing of day care centers and those who work in day care centers and the amendment dealt with those who work in the Department of Social Services.
Rep. DAVENPORT argued contra the Point in stating that the employees could go
in the facility and affect the license.
Rep. NEAL moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Askins Baxley Breeland Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cotty Cromer Dantzler Fulmer Gamble Hallman Harrell Harvin Hines Hodges Howard Inabinett Keegan Keyserling Kinon Kirsh Knotts Koon Law Lloyd Martin McElveen McMahand McTeer Moody-Lawrence Neal Phillips Riser Rogers Seithel Sheheen Shissias Spearman Stille Stuart Thomas Whipper, S. White Wilder Wilkes Witherspoon
Those who voted in the negative are:
Allison Cain Cato Chamblee Cooper Davenport Delleney Easterday Fair Felder Fleming Herdklotz Huff Hutson Kelley Klauber Limbaugh Limehouse Marchbanks Meacham Neilson
Quinn Rhoad Rice Richardson Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Stoddard Tripp Trotter Vaughn Walker Wells Whatley Wilkins Wright Young, J.
So, the amendment was tabled.
Rep. DAVENPORT proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\JIC\6017AC.95), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . The 1976 Code is amended by adding:
"Section 20-7-3097. At any time the department cites a child day care center, group day care home, or family day care home for a violation of this chapter or regulations promulgated pursuant to this chapter and the violation is disproved or determined to be unfounded or without merit, in an administrative or judicial proceeding, the department may be ordered to pay attorney's fees, and the department publicly must issue a statement acknowledging the department's error."/
Renumber sections to conform.
Amend title to conform.
Rep. DAVENPORT explained the amendment.
Rep. NEAL moved to table the amendment.
Rep. SHARPE demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Askins Baxley Boan Breeland Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cotty Cromer Dantzler Fulmer Gamble Hallman
Harrell Harris, J. Harrison Harvin Hines Howard Inabinett Jennings Keegan Kelley Keyserling Kirsh Klauber Knotts Koon Law Lloyd Martin McAbee McElveen McMahand McTeer Moody-Lawrence Neal Phillips Richardson Riser Rogers Seithel Shissias Stille Stuart Thomas Whipper, S. White Wilder Witherspoon
Those who voted in the negative are:
Allison Beatty Cain Cato Chamblee Cooper Davenport Delleney Easterday Fair Felder Fleming Herdklotz Huff Hutson Kinon Limbaugh Limehouse Littlejohn Marchbanks Meacham Neilson Quinn Rhoad Rice Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Stoddard Tripp Vaughn Walker Wells Whatley Wilkes Wilkins Young, J.
So, the amendment was tabled.