Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 3640, May 18 | Printed Page 3660, May 18 |

Printed Page 3650 . . . . . Thursday, May 18, 1995

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4136--SENT TO THE SENATE

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.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. SHEHEEN.

S. 46--ORDERED TO THIRD READING

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


Printed Page 3651 . . . . . Thursday, May 18, 1995

DAY CARE CENTERS AND RENEWAL THEREOF, APPROVAL OF PUBLIC DAY CARE CENTERS AND RENEWAL THEREOF, THE REGISTRATION OF OPERATORS OF FAMILY DAY CARE HOMES, AND THE ISSUANCE OF LICENSES FOR OR THE REGISTERING OF CHURCH DAY CARE CENTERS, SO AS TO REQUIRE THAT ALL PERSONS APPLYING FOR A LICENSE AS AN OPERATOR OF OR AN EMPLOYEE AT DAY CARE FACILITIES MUST UNDERGO A FINGERPRINT REVIEW TO BE CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION AND TO PROHIBIT THE ISSUANCE OF DAY CARE LICENSES IF SUCH OPERATORS OR EMPLOYEES HAVE BEEN CONVICTED OF CERTAIN CRIMES AND TO AMEND CHAPTER 7 OF TITLE 20 BY ADDING SECTION 20-7-2720, SO AS TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION MAY NOT CHARGE MORE THAN TEN DOLLARS FOR STATE BACKGROUND CHECKS REQUIRED FOR CHILD CARE FACILITIES.

AMENDMENT NO. 3--RECONSIDERED

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.

ACTING SPEAKER HUFF IN CHAIR

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.

LEAVE OF ABSENCE

The ACTING SPEAKER HUFF granted Rep. G. BROWN a leave of absence for the remainder of the day.

Rep. FAIR continued speaking.


Printed Page 3652 . . . . . Thursday, May 18, 1995

SPEAKER IN CHAIR

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:

Yeas 57; Nays 40

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

Total--57

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


Printed Page 3653 . . . . . Thursday, May 18, 1995

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.

Total--40

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:

Yeas 42; Nays 60

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.

Total--42

Those who voted in the negative are:

Allison          Askins           Baxley
Brown, J.        Byrd             Cain
Cato             Cave             Cobb-Hunter


Printed Page 3654 . . . . . Thursday, May 18, 1995

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.

Total--60

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.


Printed Page 3655 . . . . . Thursday, May 18, 1995

Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:
Yeas 34; Nays 65

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

Total--34

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


Printed Page 3656 . . . . . Thursday, May 18, 1995

Wilder           Wilkes           Wofford
Wright           Young, A.

Total--65

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:

Yeas 61; Nays 35

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

Total--61

Those who voted in the negative are:

Allison          Cain             Carnell
Cato             Chamblee         Cooper


Printed Page 3657 . . . . . Thursday, May 18, 1995

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.

Total--35

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.

POINT OF ORDER

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.


Printed Page 3658 . . . . . Thursday, May 18, 1995

The SPEAKER stated that the amendment had been changed since yesterday and now it referred to the employees of the department's day care licensing division and it was germane and he overruled the Point of Order.

Rep. NEAL moved to table the amendment.

Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:

Yeas 52; Nays 41

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

Total--52

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


Printed Page 3659 . . . . . Thursday, May 18, 1995

Quinn            Rhoad            Rice
Richardson       Robinson         Sandifer
Sharpe           Simrill          Smith, D.
Smith, R.        Stoddard         Tripp
Trotter          Vaughn           Walker
Wells            Whatley          Wilkins
Wright           Young, J.

Total--41

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:

Yeas 55; Nays 40

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


Printed Page 3660 . . . . . Thursday, May 18, 1995

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

Total--55

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.

Total--40

So, the amendment was tabled.


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