Printed Page 4090, May 23
| Printed Page 4110, May 23
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Printed Page 4090, May 23
| Printed Page 4110, May 23
| The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
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 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,
Rep. HARRELL moved to adjourn debate upon the following Bill, which was adopted.
S. 913 -- Senators Passailaigue, Ford, McConnell, Reese, Washington and Rose: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
Rep. LIMBAUGH moved to adjourn debate upon the following Bill, which was adopted.
S. 1284 -- Senator Thomas: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY FOR VIOLATING THE LAW, SO AS TO INCLUDE AN ADDITIONAL REQUIREMENT FOR DETENTION IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE SPECIFIC TIME FRAMES FOR REVIEW OF A JUVENILE IN A DETENTION FACILITY; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO CONFIDENTIALITY OF JUVENILE RECORDS, FINGERPRINTS, AND PHOTOGRAPHS, SO AS TO EXPAND THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE
The following Bill was taken up.
S. 66 -- Senators McConnell, Rose and Leventis: A BILL TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THESE CODES, AND THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MUST ADOPT AND ENFORCE SUCH CODES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS IN REGARD TO THESE CODES, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS, AND FOR THEIR FUNCTIONS, DUTIES, AND REGISTRATION; AND ADDING SECTION 38-7-35 SO AS TO PROVIDE THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE PREMIUM TAX LEVIED ON FIRE INSURERS MUST BE USED FOR THE PURPOSE OF IMPLEMENTING THE TRAINING, CERTIFICATION, AND CONTINUING EDUCATION PROGRAM FOR BUILDING CODES ENFORCEMENT OFFICERS.
Rep. SCOTT raised the Point of Order that the Bill was out of order under Rule 4.4 in that the Bill, Section 4 on page 10 and continuing on page 11 in Section 38-7-35, appropriated $250,000 of revenues collected and should be referred to the Ways and Means Committee.
Rep. G. BAILEY stated that there was an amendment being proposed stating where the money would come from and that the Bill would not be enacted until the money was appropriated.
Rep. SCOTT argued that the money was appropriated for a particular purpose which was training certification and continued education and it still should have been referred to the Ways and Means Committee.
The SPEAKER stated the funds were coming from a specific tax and not the general fund.
Rep. CATO stated that the money was being directed and not appropriated.
The SPEAKER stated that there was a precedent from April 27, 1994 where a very similar Point of Order was raised and the Speaker stated that Rule 4.4 was designed to require any Bill which appropriates money or has a substantial effect on reveneue to go to the Ways and Means Committee and it did not require it to be new money and he sustained the Point of Order and ordered the Bill referred to the Ways and Means Committee.
Rep. TOWNSEND moved to adjourn debate upon the following Bill, which was adopted.
S. 1219 -- Education Committee: A BILL TO AMEND SECTION 59-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO KINDERGARTEN PROGRAMS, SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 1996-97, THE BOARD OF TRUSTEES OF A DISTRICT SHALL IMPLEMENT FULL-DAY AS WELL AS HALF-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAMS, TO PROVIDE THAT PARENTS OF CHILDREN WHO ARE ELIGIBLE TO ATTEND FIVE-YEAR-OLD KINDERGARTEN MAY ELECT AT THEIR OPTION EITHER THE FULL-DAY OR HALF-DAY PROGRAM FOR THEIR CHILDREN, TO REQUIRE CERTAIN NOTICES FOR PURPOSES OF THESE KINDERGARTEN PROGRAMS, AND TO PROVIDE FOR THE MANNER IN WHICH CHILDREN ATTENDING THESE PROGRAMS SHALL BE COUNTED FOR PURPOSES OF COMPUTING AVERAGE DAILY MEMBERSHIP; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-35-20 SO AS TO PROVIDE PROCEDURES FOR SCHOOL DISTRICTS AND SCHOOLS TO OBTAIN WAIVERS FROM THE ABOVE REQUIREMENTS THAT FULL-DAY AND HALF-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAMS BE ESTABLISHED.
Rep. QUINN withdrew his objection to S. 378 however, other objections remained upon the Bill.
Rep. ROBINSON withdrew his objection to S. 1100 however, other objections remained upon the Bill.
Rep. WALKER asked unanimous consent to recall H. 3263 from the Committee on Ways and Means.
Rep. HALLMAN objected.
Rep. SIMRILL asked unanimous consent to recall H. 4593 from the Committee on Labor, Commerce and Industry.
Rep. RICHARDSON objected.
Rep. TUCKER asked unanimous consent to recall S. 265 from the Committee on Judiciary.
Rep. T. BROWN objected.
On motion of Rep. J. BROWN, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.
S. 941 -- Senators Wilson, Lander, Leventis and Reese: A BILL TO PROMOTE MAJOR GENERAL T. ESTON MARCHANT TO THE RANK OF LIEUTENANT GENERAL OF THE SOUTH CAROLINA ARMY NATIONAL GUARD EFFECTIVE JANUARY 10, 1995.
Rep. J. BROWN moved to waive Rule 5.12, which was agreed to by a division vote of 56 to 0.
Rep. SHARPE asked unanimous consent to recall S. 760 from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. RICHARDSON asked unanimous consent to recall S. 956 from the Committee on Judiciary.
Rep. SIMRILL objected.
The veto on the following Act was taken up.
H. 4159 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-3495 SO AS TO LIMIT THE DISTRIBUTION OF PROFITS DERIVED FROM THE GAME OF BINGO.
Rep. KIRSH moved to adjourn debate upon the veto until Tuesday, May 28, which was adopted.
The SPEAKER granted Rep. STODDARD a leave of absence due to family illness.
Debate was resumed on the Senate amendments to the following Bill, the pending question being the consideration of Senate amendments, immediate cloture having been ordered.
H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND
Rep. QUINN proposed the following Amendment No. 21A (Doc Name P:\amend\JIC\6079AC.96), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . The agreements authorized under this act may not impose any penalty on the State of South Carolina in the event that the State of South Carolina elects to reduce or eliminate some or all of MUSC's funding or programs./
Renumber sections to conform.
Amend totals and title to conform.
Rep. QUINN moved to table the amendment, which was agreed to.
Rep. QUINN proposed the following Amendment No. 22A (Doc Name P:\amend\PFM\9429AC.96), which was tabled.
Amend the bill, as and if amended, SECTION 1, page 5, by inserting immediately after line 20:
/Section 44-7-3140. Both the General Assembly and the Medical University Board of Trustees each shall have, at their sole discretion, the
Renumber sections to conform.
Amend totals and title to conform.
Rep. QUINN moved to table the amendment, which was agreed to.
Rep. SEITHEL proposed the following Amendment No. 23A, which was tabled.
Amend the bill, as and if amended, on page 10, line 23 add the following to read:
/The private operator or operators may not require State employees to become employees of the private operator in order to continue their employment at the Medical University Hospital or any of the leased facilities at any time during the terms of the lease.
Rep. SEITHEL explained the amendment.
Rep. SIMRILL moved to table the amendment.
Rep. SEITHEL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Boan Brown, G. Brown, H. Brown, T. Cain Carnell Cato Chamblee Cotty Cromer Dantzler Easterday Felder Fleming Fulmer Gamble Harrell Herdklotz Hines, J. Hines, M. Hutson Jennings Keegan Kelley Keyserling Kinon Klauber Koon Lee Limbaugh Littlejohn Mason McKay Meacham Neilson Rhoad Rice Richardson Riser Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Spearman
Stille Stuart Townsend Tucker Vaughn Walker Whatley Wilkes Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Breeland Cave Clyburn Cobb-Hunter Davenport Hallman Harris, J. Howard Kirsh Lanford Lloyd Marchbanks McCraw Moody-Lawrence Neal Phillips Quinn Scott Seithel Shissias Tripp Trotter Waldrop Whipper, L. Whipper, S. White Wilder
So, the amendment was tabled.
The SPEAKER granted Rep. BAILEY a leave of absence for a Doctor's appointment at the Medical University.
Reps. QUINN, SEITHEL and SANDIFER proposed the following Amendment No. 24A (Doc Name P:\amend\GJK\22907AC.96), which was rejected.
Amend the bill, as and if amended, in Section 44-7-3110(6), page 3, by deleting lines 27 through 31 and inserting:
/market and promote health care services./
Renumber sections to conform.
Amend totals and title to conform.
Rep. QUINN explained the amendment.
Rep. FELDER moved to table the amendment.
Those who voted in the affirmative are:
Bailey Boan Brown, G. Brown, H. Cain Carnell Cato Clyburn Cotty Felder Fulmer Gamble Harrell Herdklotz Hines, M. Jaskwhich Keegan Kelley Kinon Klauber Koon Law Martin Mason McAbee Rhoad Rice Riser Sharpe Smith, D. Smith, R. Spearman Stuart Tucker Vaughn Whatley Wilkes Wilkins Witherspoon Wofford Young Young-Brickell
Those who voted in the negative are:
Allison Anderson Breeland Brown, T. Byrd Cave Chamblee Cobb-Hunter Dantzler Davenport Easterday Govan Hallman Harris, J. Hines, J. Howard Hutson Inabinett Jennings Keyserling Kirsh Knotts Lanford Lee Limehouse Littlejohn Lloyd Loftis Marchbanks McCraw McKay McMahand Meacham Moody-Lawrence Neal Neilson Phillips Quinn Richardson Sandifer Scott Seithel Shissias Simrill Stille Townsend Tripp Trotter Waldrop Walker Wells
Whipper, L. Whipper, S. White Wilder Wright
So, the House refused to table the amendment.
Printed Page 4090, May 23
| Printed Page 4110, May 23
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