South Carolina General Assembly
112th Session, 1997-1998
Journal of the House of Representatives

THURSDAY, JANUARY 15, 1998

Thursday, January 15, 1998
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Keep our eyes open and our minds alert, O Lord, that we may daily celebrate
The greatness of God,
The beauty of nature,
The possibility of tomorrow,
The privilege of prayer,
The appreciation of love,
The blessings of friendship,
The miracle of life,
The challenge of a new day,
The joy of sins forgiven,
The gift of good health,
And the assurance of Your presence,
We pray in the Name of Him Who gives us these and many other blessings. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. J. HINES moved that when the House adjourns, it adjourn in memory of Hardin Evans, Sr. of Lamar, which was agreed to.

HOUSE RESOLUTION

The following was introduced:

H. 4414 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO MISS NATALIE KEITH OF MANNING AND THE MEMBERS OF HER FAMILY, ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, FOR THE PURPOSE OF RECOGNIZING MISS KEITH ON WINNING THE TITLE OF "PRE-TEEN SOUTH CAROLINA" IN THE 1997 PRE-TEEN SOUTH CAROLINA SCHOLARSHIP AND RECOGNITION PROGRAM.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

HOUSE RESOLUTION

On motion of Rep. HARVIN, with unanimous consent, the following was taken up for immediate consideration:

H. 4415 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LAURENCE MANNING ACADEMY SWAMPCATS FOOTBALL TEAM OF CLARENDON COUNTY, THE COACHES, AND OTHERS CONNECTED WITH THE SCHOOL ON A DATE TO BE DETERMINED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, FOR THE PURPOSE OF RECEIVING SPECIAL RECOGNITION FOR WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOLS ATHLETIC ASSOCIATION DIVISION III STATE FOOTBALL CHAMPIONSHIP FOR 1997.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to the Laurence Manning Academy Swampcats football team of Clarendon County, the team's head coach, assistant coaches, the team's trainer, the team physician, the school's athletic director, and the school's headmaster, on a date and at a time to be determined by the Speaker of the House of Representatives, for the purpose of receiving special recognition for winning the South Carolina Independent Schools Athletic Association Division III state football championship for 1997.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4416 (Word version) -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION CONGRATULATING THE LAURENCE MANNING ACADEMY SWAMPCATS OF CLARENDON COUNTY ON WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOLS ATHLETIC ASSOCIATION (SCISAA) DIVISION III STATE FOOTBALL CROWN FOR 1997.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4417 (Word version) -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION CONGRATULATING MISS NATALIE KEITH OF MANNING ON WINNING THE TITLE OF "PRE-TEEN SOUTH CAROLINA" IN THE 1997 PRE-TEEN SOUTH CAROLINA SCHOLARSHIP AND RECOGNITION PROGRAM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4418 (Word version) -- Reps. Harvin and Spearman: A CONCURRENT RESOLUTION SALUTING AND THANKING HARRY S. BELL FOR HIS OUTSTANDING SERVICE AS PRESIDENT OF THE SOUTH CAROLINA FARM BUREAU FEDERATION AND ITS AFFILIATED COMPANIES AND EXTENDING BEST WISHES TO HIM UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 894 (Word version) -- Senator Short: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. JOHN L. McCOY OF GREAT FALLS UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

On motion of Rep. KIRSH, with unanimous consent, the following was taken up for immediate consideration:

S. 901 (Word version) -- Senator Short: A CONCURRENT RESOLUTION EXTENDING THE DATE BY WHICH THE "COMMITTEE TO STUDY CONSUMER FINANCE ISSUES" MUST MAKE ITS REPORT TO THE GENERAL ASSEMBLY.
Be it resolved by the Senate, the House of Representatives concurring:
That the date by which the "Committee to Study Consumer Finance Issues", created pursuant to Act 135 of 1995, must make its report with recommendations to the General Assembly is extended to February 1, 1998.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

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

H. 4419 (Word version) -- Reps. Haskins, Campsen, Altman, Barrett, Sharpe, Seithel, Simrill, F. Smith, Davenport, Edge, Allison, Tripp, Walker, Koon, Rice, Robinson, Loftis, Leach, Sandifer, Littlejohn, Keegan, Young, Vaughn, Jordan, Harvin and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1090 SO AS TO CREATE THE FELONY CRIME OF ASSISTING SUICIDE, TO PROVIDE PENALTIES, TO PROVIDE FOR INJUNCTIVE RELIEF, TO PROVIDE A CIVIL CAUSE OF ACTION, TO AUTHORIZE PAYMENT OF ATTORNEY'S FEES, AND TO PROVIDE FOR PROFESSIONAL DISCIPLINE.
Referred to Committee on Judiciary.

H. 4420 (Word version) -- Reps. Haskins, Campsen, Altman, Meacham, Sharpe, Sandifer, Seithel, Simrill, McGee, Tripp, Davenport, Littlejohn, Barrett, Rice, Koon, Loftis, Stuart, Leach, Vaughn, Allison, Robinson, Walker, Young and Jordan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-90 SO AS TO PROHIBIT STATE FUNDING TO INSTITUTIONS, AGENCIES, AND ORGANIZATIONS THAT PERFORM ABORTIONS IN THIS STATE AND TO PROVIDE AN EXCEPTION.
Referred to Committee on Ways and Means.

H. 4421 (Word version) -- Reps. Haskins, Campsen, Altman, Jordan, Sharpe, Sandifer, Simrill, Knotts, Meacham, Davenport, Littlejohn, Robinson, Tripp, Young, Barrett, Rice, Koon, Loftis, Leach, Vaughn, McGee and Walker: A BILL TO AMEND SECTION 44-41-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES FOR PERFORMANCE OF ABORTION AND SECTION 44-41-340, RELATING TO PUBLICATION OF MATERIALS REGARDING AVAILABLE ASSISTANCE, SO AS TO REQUIRE THAT A STATEMENT BE PUBLISHED IN MATERIALS REQUIRED TO BE AVAILABLE TO A WOMAN BEFORE AN ABORTION PROVIDING THAT RESEARCH INDICATES THAT THERE IS A POSSIBLE CORRELATION BETWEEN A FIRST PREGNANCY ABORTION AND AN INCREASED INCIDENCE OF BREAST CANCER WITH A RECOMMENDATION TO CONSULT HER PERSONAL PHYSICIAN FOR FURTHER INFORMATION.
Referred to Committee on Judiciary.

H. 4422 (Word version) -- Reps. Davenport, Campsen, Altman, Barrett, Knotts, Seithel, Loftis, Simrill, Koon, Littlejohn, Leach, Meacham, Riser, Rice, Stuart, Sharpe, Sandifer, Vaughn, Allison, Robinson, Young, Tripp, Walker, Jordan and Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-90 SO AS TO PROHIBIT STATE FUNDING TO INSTITUTIONS, AGENCIES, AND ORGANIZATIONS THAT PERFORM ABORTIONS IN THIS STATE AND TO PROVIDE AN EXCEPTION.
Referred to Committee on Ways and Means.

H. 4423 (Word version) -- Reps. Harrell, Wilkins, Haskins, Allison, Altman, Barfield, Barrett, Bauer, Beck, Boan, Bowers, H. Brown, J. Brown, Byrd, Campsen, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Hamilton, A. Harris, Harrison, Hawkins, Hinson, Jennings, Jordan, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Littlejohn, Loftis, Martin, Mason, McAbee, McGee, Quinn, McKay, McMaster, Meacham, Moody-Lawrence, Mullen, Neilson, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, D. Smith, R. Smith, Spearman, Stille, Stuart, Townsend, Tripp, Vaughn, Walker, Webb, Young, Young-Brickell, Kinon and Woodrum: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY SINE DIE ADJOURNMENT DATE OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE SINE DIE ADJOURNMENT DATE IS SHORTENED BY ONE STATEWIDE LEGISLATIVE DAY FOR EACH STATEWIDE DAY BEFORE MARCH THIRTY-FIRST THAT THE ANNUAL GENERAL APPROPRIATIONS ACT IS GIVEN THIRD READING BY THE HOUSE OF REPRESENTATIVES.
Referred to Committee on Judiciary.

H. 4424 (Word version) -- Reps. Haskins, Loftis, Leach, T. Brown, Stille and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-1-75 SO AS TO PROVIDE THAT ANY GAS, FOOD, OR LODGING VENDOR WHICH IS OPEN AT LEAST SIXTEEN HOURS A DAY SIX DAYS A WEEK MAY ADVERTISE ON INFORMATIONAL SIGNS ON INTERSTATE AND OTHER HIGHWAYS ERECTED BY THE DEPARTMENT OF TRANSPORTATION INDICATING AVAILABLE GAS, FOOD, LODGING, OR OTHER SERVICES AT UPCOMING EXITS, TO PROVIDE THAT IF SUCH VENDORS ARE CLOSED ON ONE PARTICULAR DAY, THE DAY OF CLOSING MUST BE REFLECTED ON THE PORTION OF THE INFORMATIONAL SIGN PERTAINING TO THAT VENDOR, AND TO PROVIDE THAT THE FEES CHARGED BY THE DEPARTMENT OF TRANSPORTATION TO THE VENDORS REFERENCED ABOVE MUST BE UNIFORM THROUGHOUT THE STATE.
Referred to Committee on Education and Public Works.

H. 4425 (Word version) -- Reps. Haskins, Bailey, Sharpe, Inabinett, Loftis, Simrill, Hamilton, Byrd, Lee, Stille, Altman, Neal, Robinson and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2915 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO ISSUE A REGISTRATION STATEMENT FOR A RELIGIOUS DAY CARE CENTER WHEN REQUIREMENTS ARE MET AND TO REQUIRE THE CENTER OPERATOR TO DISPLAY THE REGISTRATION AND USE ITS REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2700, AS AMENDED, RELATING TO DEFINITIONS UNDER DAY CARE LICENSING, SO AS TO REVISE THE DEFINITIONS OF "CHILD DAY CARE FACILITIES", "GROUP DAY CARE HOME", AND "FAMILY DAY CARE HOME", AND TO ADD DEFINITIONS; TO AMEND SECTION 20-7-2780, RELATING TO LICENSES OF CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REQUIRE STATING THE LICENSE NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2860, AS AMENDED, RELATING TO FAMILY DAY CARE HOME REGISTRATIONS, SO AS TO REQUIRE STATING THE REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2900, AS AMENDED, RELATING TO REGISTRATION OF CERTAIN CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE THEM TO COMPLY WITH INSPECTION PROCEDURES AND WITH REQUIREMENTS FOR FLOOR SPACE, CHILD-STAFF RATIOS, AND STAFF TRAINING; TO AMEND SECTION 20-7-2910, RELATING TO REGISTRATION AND INSPECTIONS OF CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE INSPECTIONS TO BE CONDUCTED BEFORE RENEWAL RATHER THAN ANNUALLY; TO AMEND SECTION 20-7-2920, AS AMENDED, RELATING TO INJUNCTIONS AGAINST CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REVISE CONDITIONS FOR SEEKING AN INJUNCTION AGAINST AN OPERATOR; AND TO AMEND SECTION 20-7-3030, RELATING TO DECLARATORY ORDERS OF THE DEPARTMENT OF SOCIAL SERVICES CONCERNING CONSTRUCTION OR RENOVATIONS OF A FACILITY, SO AS TO DELETE THE PROVISION PROHIBITING AN APPEAL OF THESE ORDERS AND REQUIRE THE DEPARTMENT TO PROVIDE CONSULTATION TO ADDRESS ISSUES OF COMPLIANCE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4426 (Word version) -- Reps. Haskins, Campsen, Altman, Simrill, R. Smith, Loftis, Barfield, Hamilton, Sharpe, Davenport, Stille, Meacham, Sandifer, Young and A. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-12-140 SO AS TO REQUIRE CABLE TELEVISION COMPANIES TO BLACKEN THE SCREEN AND ELIMINATE ALL SOUND WITH RESPECT TO EACH CHANNEL SUCH A COMPANY BROADCASTS WHICH IS SEXUALLY ORIENTED AND CONTAINS ADULT LANGUAGE AND CONTENT IN THE CASE OF ALL NONSUBSCRIBERS OF THESE CHANNELS AND TO PROVIDE FOR FORFEITURE OF THE FRANCHISE LICENSE FOR A COMPANY WHICH FAILS TO COMPLY WITH THIS SECTION.
Referred to Committee on Labor, Commerce and Industry.

CONCURRENT RESOLUTION

The following was introduced:

H. 4427 (Word version) -- Reps. Govan, Cobb-Hunter, Felder, Sharpe and Stuart: A CONCURRENT RESOLUTION RECOGNIZING DR. WALTER L. TOBIN, SUPERINTENDENT OF ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICT FIVE, FOR HIS THIRTY YEARS OF CONTRIBUTION TO PUBLIC EDUCATION AND FOR HIS SELECTION AS SOUTH CAROLINA SUPERINTENDENT OF THE YEAR BY THE STATE ASSOCIATION OF SCHOOL ADMINISTRATORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Allison                   Altman                    Bailey
Barfield                  Barrett                   Battle
Bauer                     Beck                      Boan
Bowers                    Breeland                  Brown, G.
Brown, H.                 Brown, J.                 Brown, T.
Campsen                   Canty                     Carnell
Cato                      Cave                      Clyburn
Cobb-Hunter               Cooper                    Cotty
Cromer                    Dantzler                  Davenport
Delleney                  Easterday                 Edge
Felder                    Fleming                   Gamble
Gourdine                  Govan                     Hamilton
Harrell                   Harris                    Harrison
Harvin                    Haskins                   Hawkins
Hines, J.                 Hines, M.                 Hinson
Howard                    Inabinett                 Jennings
Jordan                    Keegan                    Kelley
Kennedy                   Kinon                     Kirsh
Knotts                    Koon                      Lanford
Law                       Leach                     Lee
Limehouse                 Littlejohn                Lloyd
Mack                      Maddox                    Martin
Mason                     McAbee                    McCraw
McGee                     McKay                     McLeod
McMahand                  Meacham                   Moody-Lawrence
Mullen                    Neilson                   Phillips
Pinckney                  Rhoad                     Rice
Riser                     Robinson                  Rodgers
Sandifer                  Scott                     Seithel
Sharpe                    Sheheen                   Simrill
Smith, D.                 Smith, F.                 Smith, J.
Smith, R.                 Spearman                  Stille
Stoddard                  Stuart                    Townsend
Tripp                     Trotter                   Vaughn
Walker                    Webb                      Whatley
Wilder                    Wilkes                    Wilkins
Witherspoon               Woodrum                   Young
Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, January 15.

J. Michael Baxley                  Dwight A. Loftis
Harry R. Askins                    Joe McMaster
Alma W. Byrd                       Vida Osteen Miller
Joseph H. Neal                     Richard M. Quinn, Jr.

Total--120

DOCTOR OF THE DAY

Announcement was made that Dr. Nelson Weston of Columbia is the Doctor of the Day for the General Assembly.

H. 4399--- CO- SPONSORS ADDED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee.

BILL NUMBER: H. 4399 (Word version)

DATE           ADD:
January 15, 1998         Beck
January 15, 1998         T. Brown

S. 75--DEBATE ADJOURNED

Rep. D. SMITH moved to adjourn debate upon the following Bill until Tuesday, January 20, which was adopted.

S. 75 (Word version) -- Senators Drummond and Holland: A BILL TO RATIFY AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, SO AS TO PROVIDE FOR THE "VICTIM'S BILL OF RIGHTS" BY ADDING SECTION 24; AND ALSO TO RATIFY AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION, RELATING TO THE RIGHT OF BAIL, CRUEL OR UNUSUAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE THAT BAIL MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT OFFENSES.

H. 3337--POINT OF ORDER

The following Bill was taken up.

H. 3337 (Word version) -- Reps. D. Smith, Cato, Rice, Robinson, Govan, Beck, Tripp and F. Smith: A BILL TO AMEND SECTION 1-23-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLERK AND OTHER STAFF OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE THE SUPPORT STAFF HE IS INDIVIDUALLY ALLOTTED; AND TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO PROMULGATION OF RULES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THE PROMULGATION OF RULES GOVERNING PRACTICE AND PROCEDURE BEFORE THE DIVISION.

POINT OF ORDER

Rep. SHEHEEN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3784--OBJECTIONS

The following Bill was taken up.

H. 3784 (Word version) -- Reps. Haskins, Jordan, Neal, H. Brown, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Bowers, G. Brown, Byrd, Cato, Cave, Clyburn, Cobb-Hunter, Cooper, Davenport, Edge, Fleming, Hamilton, J. Hines, M. Hines, Hodges, Howard, Jennings, Kelley, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Maddox, McCraw, McKay, Meacham, Miller, Parks, Phillips, Pinckney, Quinn, Rice, Riser, Robinson, Sandifer, Scott, Sharpe, Simrill, F. Smith, R. Smith, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Whipper, Woodrum, Young and Govan: A BILL TO AMEND CHAPTER 45, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF PHYSICAL THERAPISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICAL THERAPISTS INCLUDING, BUT NOT LIMITED TO, DELETING THE REQUIREMENT FOR TREATMENT BY PRESCRIPTION OF A PHYSICIAN OR DENTIST, CLARIFYING THE SCOPE OF PRACTICE, PROHIBITING, RECEIVING, OR IN ANY WAY PARTICIPATING IN REFUNDING FEES FOR PATIENT REFERRALS, REVISING REQUIREMENTS FOR LICENSEES NOT GRADUATING FROM AN APPROVED SCHOOL, ESTABLISHING PROVISIONAL LICENSES AND BIENNIAL LICENSURE, REQUIRING CONTINUING EDUCATION FOR RENEWAL, PROVIDING A CIVIL PENALTY, AND INCREASING CRIMINAL PENALTIES.
Reps. CROMER, COTTY, HARVIN, KEEGAN, SEITHEL and HAWKINS objected to the Bill.

H. 4399--POINT OF ORDER

The following Bill was taken up.

H. 4399 (Word version) -- Reps. Wilkins, Townsend, Harrell, Haskins, Allison, J. Hines, Hinson, D. Smith, R. Smith, Stuart, Walker, Limehouse, Maddox, Spearman, Kennedy, Vaughn, G. Brown, Battle, Whatley, Barfield, Barrett, Young-Brickell, Bailey, Meacham, Neilson, Rice, Bauer, McCraw, Martin, Chellis, Rodgers, Delleney, Littlejohn, Stille, Stoddard, Cato, J. Brown, Law, Cotty, Witherspoon, Kinon, Knotts, Rhoad, Riser, Mason, Dantzler, Edge, McKay, Sandifer, Davenport, McGee, Gamble, McMaster, Felder, Byrd, Lanford, Miller, Phillips, Koon, McMahand, Kirsh, Quinn, Wilkes, Cromer, Cooper, Wilder, Harvin, Harrison, H. Brown, Sharpe, Woodrum, Beck and T. Brown: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 8 SO AS TO ENACT THE "SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY STANDARDS FOR SCHOOLS (PASS) ACT" INCLUDING PROVISIONS TO ESTABLISH A PASS COMMISSION AND PROVIDE FOR ITS FUNCTIONS AND DUTIES, TO REQUIRE THE ADOPTION OF CERTAIN STATE EDUCATION STANDARDS BY THE STATE BOARD OF EDUCATION, AND CREATE AN ASSESSMENT SYSTEM TO MONITOR THE ATTAINMENT OF THESE STANDARDS, TO PROVIDE FOR ANNUAL REPORT CARDS, PERFORMANCE INDICATORS AND AWARDS FOR SCHOOLS, TO PROVIDE ASSISTANCE FOR POORLY PERFORMING SCHOOLS, AND TO PROVIDE A STATE-FUNDED PROGRAM OF INCENTIVES FOR PRINCIPALS AND TEACHERS AND FOR THEIR PROFESSIONAL DEVELOPMENT; AND TO REPEAL CHAPTER 6 OF TITLE 59 RELATING TO MONITORING IMPLEMENTATION OF THE EDUCATION IMPROVEMENT PROGRAM.

POINT OF ORDER

Rep. TOWNSEND made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 4358--RECALLED AND REFERRED TO THE
COMMITTEE ON MEDICAL, MILITARY,
PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. CATO, with unanimous consent, the following Bill was recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Medical, Military, Public and Municipal Affairs.

H. 4358 (Word version) -- Reps. Loftis, J. Brown, Leach, Robinson, Stille, Vaughn and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-770 SO AS TO AUTHORIZE LICENSED PRACTICAL NURSES TO PROVIDE CERTAIN SERVICES IN RESIDENTIAL SETTINGS AND PUBLIC SCHOOLS WITHOUT THE ON-SITE SUPERVISION OF A NURSE, DOCTOR, OR DENTIST IF CERTAIN PROCEDURES ARE FOLLOWED.

MOTION PERIOD

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

H. 3792--RECOMMITTED

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

H. 3792 (Word version) -- Reps. Cato and Walker: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISKS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT INSURERS THAT PARTICIPATE IN THE VOLUNTARY MARKET SHALL PARTICIPATE IN CERTAIN MECHANISMS PROVIDED FOR IN THIS SECTION AND SHALL PAY THEIR ASSESSMENTS, IF ANY.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1277MM.97).
Amend the bill, as and if amended, at SECTION 1, page 3792-1, by striking lines 26 through 38, beginning after /Section 38-73-540./ and inserting:
/"(A)(1)   Assigned risk agreements may be made among insurers with respect to the equitable apportionment among them of insurance which may be afforded applicants who are in good faith entitled to, but who are unable to procure, insurance through ordinary methods, and the insurers may agree among themselves on the use of reasonable rate modifications for this insurance. Such residual market agreement and any mechanism designed to implement such agreement, and any amendments thereto, must be submitted in writing to the director or his designee for approval prior to use, together with such additional information as the director or his designee may reasonably require. Insurers that participate in the voluntary market shall participate in these mechanisms and shall pay their assessments, if any. The assessment of an insurer, after hearing, may be ordered deferred in whole or in part upon application by the insurer if, in the opinion of the director or his designee, payment of the assessment may render the insurer insolvent or in danger of insolvency or otherwise may leave the insurer in a condition that further transaction of the insurer's business may be hazardous to its policyholders, creditors, members, subscribers, stockholders, or the public. If payment of an assessment against an insurer is deferred by order of the director or his designee in whole or in part, the amount by which the assessment is deferred must be assessed against other workers' compensation insurers in the same manner as provided in the agreement. In the order of deferral or in subsequent orders as may be necessary, the director or his designee shall prescribe a plan by which the assessment deferred must be repaid to the mechanism by the impaired insurer with interest at the six-month treasury bill rate adjusted semiannually. Profits, dividends, or other funds of the mechanism to which the insurer is otherwise entitled may not be distributed to the impaired insurer but must be applied toward repayment of any assessment until the obligation has been satisfied. The mechanism shall distribute the repayments, including interest on them, to the other workers' compensation insurers on the basis on which assessments were made."/
Renumber sections to conform.
Amend totals and title to conform.

Rep. CATO explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. CATO continued speaking.
Rep. FELDER spoke against the amendment.
Rep. WALKER spoke in favor of the amendment.

POINT OF ORDER

Rep. SCOTT raised the Point of Order that the Bill was out of order as it did not have a fiscal impact statement as required under Rule 5.13.
SPEAKER Pro Tempore HASKINS overruled the Point of Order.

Rep. WALKER continued speaking.

Rep. SHEHEEN moved cloture on the entire matter, which was rejected.

Rep. ROBINSON spoke against the amendment.

SPEAKER IN CHAIR

Rep. ROBINSON continued speaking.

Rep. HARRISON moved to recommit the Bill.

Rep. CATO moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:

Yeas 48; Nays 68

Those who voted in the affirmative are:

Allison                   Altman                    Barrett
Beck                      Boan                      Breeland
Brown, J.                 Brown, T.                 Cato
Cave                      Clyburn                   Cobb-Hunter
Cooper                    Dantzler                  Delleney
Gamble                    Govan                     Harrell
Hinson                    Howard                    Jennings
Jordan                    Kirsh                     Law
Lee                       Limehouse                 Littlejohn
Mason                     McCraw                    McLeod
McMahand                  Meacham                   Mullen
Neal                      Phillips                  Pinckney
Rodgers                   Sandifer                  Sheheen
Simrill                   Smith, F.                 Smith, J.
Smith, R.                 Tripp                     Trotter
Walker                    Woodrum                   Young-Brickell

Total--48

Those who voted in the negative are:

Askins                    Bailey                    Barfield
Battle                    Bauer                     Bowers
Brown, G.                 Brown, H.                 Byrd
Campsen                   Carnell                   Cotty
Cromer                    Davenport                 Easterday
Edge                      Felder                    Gourdine
Hamilton                  Harris                    Harrison
Harvin                    Haskins                   Hawkins
Hines, J.                 Hines, M.                 Inabinett
Keegan                    Kelley                    Kennedy
Kinon                     Knotts                    Koon
Lanford                   Leach                     Lloyd
Loftis                    Mack                      Maddox
Martin                    McAbee                    McGee
McKay                     McMaster                  Miller
Moody-Lawrence            Neilson                   Quinn
Rhoad                     Rice                      Riser
Robinson                  Scott                     Sharpe
Smith, D.                 Spearman                  Stille
Stoddard                  Stuart                    Townsend
Vaughn                    Webb                      Whatley
Wilder                    Wilkes                    Wilkins
Witherspoon               Young

Total--68

So, the House refused to table the motion to recommit.

The question then recurred to the motion to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.

Rep. LITTLEJOHN moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4406 (Word version) -- Rep. Hawkins: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF NELL DAVIS CLARK OF SPARTANBURG COUNTY WHO DIED SUNDAY, JANUARY 11, 1998.

H. 4416 (Word version) -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION CONGRATULATING THE LAURENCE MANNING ACADEMY SWAMPCATS OF CLARENDON COUNTY ON WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOLS ATHLETIC ASSOCIATION (SCISAA) DIVISION III STATE FOOTBALL CROWN FOR 1997.

H. 4417 (Word version) -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION CONGRATULATING MISS NATALIE KEITH OF MANNING ON WINNING THE TITLE OF "PRE-TEEN SOUTH CAROLINA" IN THE 1997 PRE-TEEN SOUTH CAROLINA SCHOLARSHIP AND RECOGNITION PROGRAM.

H. 4418 (Word version) -- Reps. Harvin and Spearman: A CONCURRENT RESOLUTION SALUTING AND THANKING HARRY S. BELL FOR HIS OUTSTANDING SERVICE AS PRESIDENT OF THE SOUTH CAROLINA FARM BUREAU FEDERATION AND ITS AFFILIATED COMPANIES AND EXTENDING BEST WISHES TO HIM UPON HIS RETIREMENT.

H. 4427 (Word version) -- Reps. Govan, Cobb-Hunter, Felder, Sharpe and Stuart: A CONCURRENT RESOLUTION RECOGNIZING DR. WALTER L. TOBIN, SUPERINTENDENT OF ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICT FIVE, FOR HIS THIRTY YEARS OF CONTRIBUTION TO PUBLIC EDUCATION AND FOR HIS SELECTION AS SOUTH CAROLINA SUPERINTENDENT OF THE YEAR BY THE STATE ASSOCIATION OF SCHOOL ADMINISTRATORS.

ADJOURNMENT

At 11:15 A.M. the House in accordance with the motion of Rep. J. HINES adjourned in memory of Hardin Evans, Sr., to meet at 10:00 A.M. tomorrow.

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