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

THURSDAY, JANUARY 29, 1998

Thursday, January 29, 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:

O God, our Help and Hope, teach us to know that in Your nearness there is wisdom to save us from folly; in our darkness there is light to lead us; in our weakness there is strength to fortify us; that even in despair we find courage. Continue Your nearness to us to shatter our delusions, to shine through our blindness, to shame our pride. Give us open ears, alert and quick to hear each whisper of Your Word as we conduct our business in the knowledge that "You are nearer to us than breathing and closer to us than hands and feet."

Lord of all understanding, hear our prayer. 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. BARFIELD moved that when the House adjourns, it adjourn in memory of John Clayton Richardson of Conway, which was agreed to.

INVITATION

On motion of Rep. QUINN, with unanimous consent, the following was taken up for immediate consideration and accepted.

January 29, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The South Carolina Business & Industry Political Education Committee (BIPEC) would like to invite all Members of the House to the luncheon portion of its annual meeting. The luncheon will be held February 3, 1998, from 1:15 until 2:10 P.M. at the Adam's Mark Hotel located at the corner of Hampton and Main streets in Columbia. (A meal, not to exceed $25 in value, will be served at 1:15 P.M. The program will begin at 1:45.)

This luncheon will give BIPEC an opportunity to share with the House its ongoing political education efforts in support of free enterprise. The speaker for the luncheon will be Governor Beasley with a debate immediately following on the subject "Should South Carolina Adopt a Lottery?" Debaters will be Rep. Terry Haskins (Negative) and Sen. John Land (Affirmative).

Sincerely,
T. Moffatt Burriss
Executive Vice President

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration.

Document No. 2258
Promulgated By Workers' Compensation Commission
Statutory Authority: 1976 Code Section 42-3-30
Reporting Insurance Policies with Effective dates on or after July 1, 1989; Examination of Claim Files; Admission of Expert's Report as Evidence; Postponement or Adjournment of a Hearing; Informal Conference; Self Insurance, Application; Financial Analysis and Reports
Received By Speaker January 29, 1998
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date May 29, 1998

ROLL CALL

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

Altman                 Barfield               Barrett
Battle                 Bauer                  Baxley
Beck                   Bowers                 Breeland
Brown, G.              Brown, H.              Brown, J.
Brown, T.              Byrd                   Campsen
Cato                   Cave                   Chellis
Clyburn                Cobb-Hunter            Cotty
Dantzler               Davenport              Delleney
Easterday              Fleming                Gamble
Gourdine               Govan                  Hamilton
Harrell                Harris                 Harvin
Hawkins                Hines, J.              Hines, M.
Hinson                 Howard                 Keegan
Kelley                 Kennedy                Kinon
Kirsh                  Knotts                 Koon
Law                    Leach                  Lee
Limehouse              Littlejohn             Lloyd
Mack                   Maddox                 Martin
Mason                  McCraw                 McGee
McKay                  McLeod                 McMahand
Meacham                Miller                 Moody-Lawrence
Mullen                 Neilson                Phillips
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scott                  Sharpe                 Sheheen
Smith, D.              Smith, F.              Smith, J.
Smith, R.              Spearman               Stoddard
Stuart                 Townsend               Tripp
Trotter                Vaughn                 Webb
Wilder                 Wilkins                Witherspoon
Woodrum                Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, January 29.

Bradley L. Jordan                 Annette Young-Brickell
Dwight A. Loftis                  Thomas N. Rhoad
Steve P. Lanford                  Terry E. Haskins
Merita A. Allison                 Daniel T. Cooper
Robert E. Walker                  Harry C. Stille
James L.M. Cromer, Jr.            William D. Boan
Timothy C. Wilkes                 Ralph W. Canty
Tracy Edge                        Curtis B. Inabinett
Clementa C. Pinckney              Harry R. Askins
Lynn Seithel                      Joe McMaster
J. Gary Simrill                   Jackson S. Whipper
Douglas Jennings, Jr.             John G. Felder
Michael S. Whatley                Joseph H. Neal
George H. Bailey
Total Present--119

LEAVES OF ABSENCE

The SPEAKER granted Rep. KLAUBER a leave of absence for the day due to business reasons.

The SPEAKER granted Rep. HARRISON a leave of absence for the day due to military service.

DOCTOR OF THE DAY

Announcement was made that Dr. William Boulware of Florence is the Doctor of the Day for the General Assembly.

H. 4364--CO-SPONSOR 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. 4364

DATE         ADD:

1/29/98         Shirley R. Hinson

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 4402 -- Rep. Kirsh: A BILL TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO ADD TO THE AREA IN YORK COUNTY.

RETURNED TO THE SENATE WITH AMENDMENT

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.

S. 924 -- Senators Matthews and Hutto: A BILL TO AMEND ACT 526 OF 1996, RELATING TO THE CONSOLIDATION OF THE SCHOOL DISTRICTS OF ORANGEBURG COUNTY, SO AS TO PROVIDE FOR CERTAIN PROCEDURAL REQUIREMENTS WHICH MUST BE MET BEFORE SCHOOLS MAY BE CLOSED BY THE BOARD OF TRUSTEES OF A CONSOLIDATED DISTRICT.

ORDERED TO THIRD READING

The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:

H. 4540 -- Reps. Loftis and Leach: A BILL TO AMEND ACT 1027 OF 1970, RELATING TO THE CREATION OF THE DUNCAN CHAPEL FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO PROVIDE FOR THE FILLING OF VACANCIES FOR MEMBERS OF THE GOVERNING BODY OF THE DISTRICT.

S. 380 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-25-315 SO AS TO PROVIDE FOR EMERGENCY CEASE AND DESIST ORDERS TO PREVENT THE UNAUTHORIZED TRANSACTION OF INSURANCE BUSINESS WITHIN THIS STATE AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 38-2-10, AS AMENDED, RELATING TO INSURANCE AND ADMINISTRATIVE PENALTIES, SO AS TO PROVIDE THAT TEN PERCENT OF THE AMOUNT COLLECTED AS PENALTIES MUST BE RETAINED BY THE DEPARTMENT OF INSURANCE AND CONSIDERED "OTHER FUNDS", REQUIRE THE DEPARTMENT TO SUBMIT AN ANNUAL REPORT FOR CERTAIN PURPOSES, AND ALLOW THESE COLLECTED FUNDS TO BE CARRIED FORWARD INTO SUCCEEDING FISCAL YEARS; AND TO AMEND SECTION 38-25-330, AS AMENDED, RELATING TO THE PENALTY FOR VIOLATING CHAPTER 25, TITLE 38 ON THE UNAUTHORIZED TRANSACTION OF INSURANCE BUSINESS, SO AS TO REQUIRE A WILFULL VIOLATION BEFORE A CONVICTION MAY BE HAD OR A PENALTY IMPOSED, AND CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY.

Rep. MASON explained the Bill.

S. 204 -- Senator Courson: A BILL TO AMEND SECTION 38-45-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACING INSURANCE WITH A SURPLUS LINES INSURER, SO AS TO CHANGE FROM TWENTY TO THIRTY THE NUMBER OF DAYS WITHIN WHICH A BROKER MUST FILE A WRITTEN REQUEST WITH THE DEPARTMENT OF INSURANCE FOR APPROVAL OF THE PLACEMENT.

Rep. MASON explained the Bill.

H. 4469 -- Reps. Limehouse, Cato, Campsen and H. Brown: A BILL TO AMEND SECTION 54-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE OF PORT PILOTS SO AS TO DIRECT THE COMMISSIONERS OF PILOTAGE TO ESTABLISH CERTAIN SHORT BRANCH LICENSE REQUIREMENTS AND RESTRICTIONS; AND TO AMEND SECTION 54-15-120 RELATING TO PREREQUISITES TO LICENSING IN THE PORT OF CHARLESTON, SO AS TO REVISE THE LEVELS WHICH AN APPRENTICE MUST OBTAIN BEFORE LICENSURE.

Rep. LAW explained the Bill.

S. 923 -- Senator Holland: A JOINT RESOLUTION TO PROVIDE THAT CONCURRENT LAW ENFORCEMENT JURISDICTION IS GRANTED TO THE UNITED STATES OF AMERICA OVER THE NATIONAL ADVOCACY CENTER FOR AS LONG AS THE UNITED STATES OF AMERICA LEASES THE CENTER.

Rep. YOUNG explained the Joint Resolution.

H. 4540--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LEACH, with unanimous consent, it was ordered that H. 4540 be read the third time tomorrow.

OBJECTION TO MOTION

Rep. CATO asked unanimous consent that S. 380 be read a third time tomorrow.

Rep. SHEHEEN objected.

H. 4469--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LAW, with unanimous consent, it was ordered that H. 4469 be read the third time tomorrow.

S. 923--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. YOUNG, with unanimous consent, it was ordered that S. 923 be read the third time tomorrow.

H. 3330--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3330 -- Rep. Sharpe: A BILL TO AMEND CHAPTER 77, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF GEOLOGISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40; AND AMONG OTHER THINGS, TO SPECIFY MINIMUM GEOLOGY OR GEOPHYSIC COURSE HOURS TO SATISFY THE EDUCATIONAL REQUIREMENT FOR REGISTRATION; TO REPLACE CERTIFICATES WITH REGISTRATION CARDS; TO PROVIDE FOR BOARD ASSIGNED SERIAL NUMBERS; AND TO AUTHORIZE A BOARD SEAL.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15357SD.98), which was adopted.

Amend the bill, as and if amended, in SECTION 1 by striking Section 40-77-60 of the 1976 Code as contained on Page 13 and inserting:

/"Section 40-77-60.     The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter. The board may establish by regulation a code of ethics binding on persons licensed under or subject to this chapter."/

Amend further, as and if amended, in SECTION 1 by striking Section 40-77-200 of the 1976 Code as contained on Page 15 and inserting:

/"Section 40-77-200.     A person who engages in or offers to engage in the practice or public practice of geology in this State without being licensed or who knowingly submits false information for the purpose of obtaining a license is in violation of this chapter and is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than three months or fined not less than one hundred dollars nor more than five hundred dollars."/

Renumber sections to conform.

Amend title to conform.

Rep. DAVENPORT explained the amendment.

The amendment was then adopted.

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

H. 3330--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. DAVENPORT, with unanimous consent, it was ordered that H. 3330 be read the third time tomorrow.

H. 3617--POINT OF ORDER

The following Bill was taken up.

H. 3617 -- Reps. Mason, Felder, Knotts, Easterday, R. Smith, Bailey, Sandifer, Seithel, Stoddard, Vaughn, Haskins, McMahand, F. Smith, Cato, Walker, Kelley, Phillips, Littlejohn, Beck, Hawkins, Sharpe, Young-Brickell, Hamilton, Koon, Lanford, Lloyd, Cave, Barfield, Jordan, McCraw, Young, Miller, Kirsh, Martin, Riser and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-745 SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON THROUGH 'CLONING' TO GROW OR CREATE A HUMAN BEING OR TO CONSPIRE TO DO SO, TO DEFINE CLONING FOR THIS PURPOSE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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. 4063--POINT OF ORDER

The following Bill was taken up.

H. 4063 -- Rep. Harrison: A BILL TO AMEND SECTIONS 44-9-90 AND 44-9-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, SO AS TO DELETE THE PROVISION REQUIRING THE COMMISSION TO COLLECT STATISTICS ON AND PROMULGATE REGULATIONS FOR PERSONS WITH MENTAL DEFICIENCIES OR EPILEPSY; TO AMEND SECTION 44-15-50 RELATING TO LIMITATIONS ON GRANTS THAT MAY BE AWARDED TO LOCAL MENTAL HEALTH PROGRAMS, SO AS TO DELETE LIMITS TIED TO 1974-75 EXPENDITURES; TO AMEND SECTION 44-15-80, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF MENTAL HEALTH, SO AS TO FURTHER AUTHORIZE ACCESS TO TREATMENT FOR THOSE UNABLE TO PAY; TO AMEND SECTION 44-17-410, AS AMENDED, RELATING TO PROCEDURES FOR EMERGENCY MENTAL HEALTH ADMISSIONS, SO AS TO REVISE CERTAIN ASPECTS OF THESE PROCEDURES; TO AMEND SECTION 44-17-540, AS AMENDED, AND SECTION 44-17-580, RELATING TO JUDICIAL HEARINGS CONCERNING COMMITMENT SO AS TO CLARIFY WHEN A PETITION SEEKING COMMITMENT MUST BE DISMISSED; TO AMEND SECTION 44-22-150, AS AMENDED, RELATING TO RESTRAINING MENTAL HEALTH PATIENTS, SO AS TO DEFINE THE TERM 'RESTRAINT'; AND TO AMEND SECTION 44-23-1100 RELATING TO CONFIDENTIALITY OF PROBATE RECORDS ON MENTAL HEALTH PATIENTS, SO AS TO CHANGE WHAT STANDARDS AND PROCEDURES APPLY.

POINT OF ORDER

Rep. KIRSH 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--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4358 -- 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.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7146AC.98), which was adopted.

Amend the bill, as and if amended, Section 40-33-770, by deleting items (1) and (2) on page 1, lines 31-35 and inserting:

/(1)     home or residential settings under the Medicaid program, or any other home or residential setting, if a registered nurse has approved the plan of care;

(2)     public schools and the Department of Juvenile Justice and Department of Corrections institutions and facilities if the licensed practical nurse follows the policies, procedures, and guidelines of the employing entity and if a registered nurse is available on call by telecommunications./

Renumber sections to conform.

Amend title to conform.

Rep. BATTLE explained the amendment.

The amendment was then adopted.

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

H. 4358--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. BATTLE, with unanimous consent, it was ordered that H. 4358 be read the third time tomorrow.

H. 4303--POINT OF ORDER

The following Joint Resolution was taken up.

H. 4303 -- Reps. Inabinett, Govan, Jordan, Maddox, Cromer, Kennedy, Whipper, Campsen, Tripp, Jennings, J. Hines, Breeland, Cobb-Hunter, Robinson, Pinckney, Neal, Miller, Cotty, Baxley and Parks: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 33 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MARRIAGES OF WHITES AND NEGROES AND THE AGE OF CONSENT FOR AN UNMARRIED WOMAN, SO AS TO DELETE THE PROVISION MAKING MARRIAGE OF WHITES AND NEGROES UNLAWFUL.

POINT OF ORDER

Rep. ALTMAN made the Point of Order that the Joint Resolution 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. 4401--ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 4401 -- Reps. D. Smith, Harrison, Young, Baxley, McMaster, Wilkins and Delleney: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A BILL OF RIGHTS FOR CRIME VICTIMS, SO AS TO PROVIDE THAT REQUIREMENTS THAT VICTIMS OF CRIMES BE NOTIFIED AND INFORMED OF THEIR RIGHTS AND PRIVILEGES CONFERRED UPON THEM UNDER THIS SECTION DO NOT APPLY TO CRIMES THE GENERAL ASSEMBLY BY LAW EXCLUDES FROM THESE REQUIREMENTS, AND TO PERMIT THE GENERAL ASSEMBLY BY LAW TO FURTHER DEFINE THE TERM "VICTIM" FOR PURPOSES OF THIS SECTION TO STIPULATE THE SPECIFIC INDIVIDUALS TO WHOM THIS SECTION APPLIES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION     1.     It is proposed that Section 24, Article I of the Constitution of this State is amended by adding a new subsection (D) to read:

"(D)     For purposes of this section, victims of any misdemeanor or felony under the laws of this State or at common law must be notified of or provided with the information required by this section unless the General Assembly by law excludes particular misdemeanors or felonies from these notification provisions. The terms 'crime', 'criminal conduct', 'charge', or any variations thereof in another context as used herein shall mean all misdemeanors and felonies under the laws of this State or at common law except those crimes the General Assembly specifically excludes from the notification provisions of this section. The General Assembly is also authorized by law to further define the term 'victim' for purposes of this section to stipulate the specific individuals to whom this section applies."

SECTION     2.     The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 24, Article I of the Constitution of this State relating to a bill of rights for crime victims be amended so as to provide that requirements that victims of crimes be notified and informed of their rights and privileges conferred upon them under this section do not apply to crimes the General Assembly by law excludes from these requirements, and to permit the General Assembly by law to further define the term 'victim' for purposes of this section to stipulate the specific individuals to whom the section applies?

Yes         _
No         _

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Rep. YOUNG explained the Joint Resolution.

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Yeas 106; Nays 0

Those who voted in the affirmative are:

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

Total--106

Those who voted in the negative are:

Total--0

So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.

RECORD FOR VOTING

Due to a meeting I was out of the Chamber when the vote came about on H. 4401. I have fully supported this Joint Resolution throughout its process in the House. Had I been present I would have voted in favor of this Joint Resolution.

Rep. LYNN SEITHEL

H. 4412--POINT OF ORDER

The following Bill was taken up.

H. 4412 -- Reps. Kelley, Sandifer, Woodrum, Barfield, Robinson, Edge, Keegan, Cotty, Witherspoon, Riser and Barrett: A BILL TO AMEND SECTION 17-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELEASE ON PERSONAL RECOGNIZANCE, SO AS TO PROVIDE THAT A PERSON CHARGED WITH A MAGISTRATE'S COURT OR MUNICIPAL COURT OFFENSE MAY WAIVE HIS APPEARANCE BEFORE THE COURT AND POST A BOND IN AN AMOUNT PREVIOUSLY APPROVED BY THE COURT.

POINT OF ORDER

Rep. JENNINGS 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.

S. 220--POINT OF ORDER

The following Bill was taken up.

S. 220 -- Senator Hayes: A BILL TO AMEND SECTION 15-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABATEMENT OF NUISANCES, SO AS TO INCLUDE THE USE OF BUILDINGS OR PLACES FOR GAMBLING, ILLEGAL POSSESSION OR SALE OF ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES, AND CONTINUOUS BREACH OF THE PEACE AS A NUISANCE SUBJECT TO ABATEMENT.

POINT OF ORDER

Rep. YOUNG 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. 4535--POINT OF ORDER

The following Bill was taken up.

H. 4535 -- Ways and Means Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 149 SO AS TO ESTABLISH LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS UNDER WHICH THE STATE OF SOUTH CAROLINA SHALL PROVIDE SCHOLARSHIPS TO COVER THE COST OF ATTENDANCE UP TO SPECIFIED LIMITS TO ELIGIBLE RESIDENT STUDENTS ATTENDING ACCREDITED PUBLIC OR INDEPENDENT TWO-YEAR AND FOUR-YEAR INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND TECHNICAL COLLEGES.

POINT OF ORDER

Rep. SCOTT 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. 4399--SENT TO THE SENATE

The following Bill was taken up.

H. 4399 -- Reps. Wilkins, Townsend, Harrell, Haskins, Allison, J. Hines, Hinson, D. Smith, R. Smith, Stuart, Walker, Limehouse, Maddox, Spearman, 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.

Rep. TOWNSEND proposed the following Amendment No. 76 (Doc Name P:\AMEND\GJK\21100SD.98), which was ruled out of order.

Amend the bill, as and if amended, in Section 59-8-130 of the 1976 Code as contained in SECTION 1, by adding at the end thereof beginning on line 25, page 3:

/(11) 'Objective and reliable state-wide assessment program' means assessments which yield consistent results on repeated administrations and which measures the cognitive knowledge and skills specified in the state-approved academic standards and does not include questions relative to personal opinions, feelings, or attitudes and is not biased with regard to race, gender, or socioeconomic status. It is not intended that the assessments be limited to true/ false or multiple choice question./

Renumber sections to conform.

Amend totals and title to conform.

Rep. TOWNSEND explained the amendment.

POINT OF ORDER

Rep. TRIPP raised a Point of Order that Amendment No. 76 was out of order in accordance with Rule 9.2 in that the amendment was not a technical amendment.

Rep. TOWNSEND argued contra in that it was a technical amendment consistent with how it was presented by the AD HOC Subcommittee and how the Education and Public Works Committee had defined certain meanings and definitions in the Bill. He stated further that the amendment stayed within the context of the Bill and it identified specifics in the Bill and also clarified terms used.

Rep. TRIPP stated that the last statement of the amendment made a policy statement that was a controversial debatable statement and was not technical in nature.

Rep. LOFTIS argued in favor of the amendment.

Rep. HARRELL argued in favor of the amendment.

Rep. SHEHEEN argued contra in that the amendment was not technical in nature under Rule 9.2.

Rep. TRIPP stated further that the amendment expanded the scope of the Bill.

Rep. HASKINS argued in favor of the amendment in that it was a technical amendment in that it defined a term and defining a term would be technical in nature.

Rep. LOFTIS argued in favor of the amendment.

SPEAKER WILKINS stated that a similar 1997 Point of Order was raised in which an amendment was ruled out of order due to the fact that the amendment expanded the scope and impact of a Bill and therefore was not technical. He stated that Rule 9.2 clearly says that a chairman may be permitted to offer technical amendments. He stated further that technical means without substance or immaterial and that this particular amendment was not technical in nature. He therefore sustained the Point of Order and ruled the amendment out of order.

Rep. TOWNSEND proposed the following Amendment No. 77 (Doc Name P:\AMEND\GJK\21100SD.98), which was ruled out of order.

Amend the bill, as and if amended, in Section 59-8-130 of the 1976 Code as contained in SECTION 1, by adding at the end thereof beginning on line 25, page 3:

/(11) 'Objective and reliable state-wide assessment program' means assessments which yield consistent results on repeated administrations and which measures the cognitive knowledge and skills specified in the state-approved academic standards and does not include questions relative to personal opinions, feelings, or attitudes and is not biased with regard to race, gender, or socioeconomic status./

Renumber sections to conform.

Amend totals and title to conform.

Rep. TOWNSEND explained the amendment.

POINT OF ORDER

Rep. SHEHEEN raised a Point of Order that Amendment No. 77 was out of order in accordance with Rule 9.2 in that it was not a technical amendment.

SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

The Bill, was read the third time, and ordered sent to the Senate.

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall H. 3054 from the Committee on Education and Public Works.

Rep. SANDIFER objected.

S. 946--RECALLED FROM THE
COMMITTEE ON INVITATIONS AND
MEMORIAL RESOLUTIONS

On motion of Rep. QUINN, with unanimous consent, the following Concurrent Resolution was ordered recalled.

S. 946 -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE ANTHONY G. JORDAN, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, FEBRUARY 25, 1998.

POINT OF ORDER

Rep. SHEHEEN raised a Point of Order that in accordance with Rule 5.2, a Concurrent Resolution cannot be recalled from committee.

SPEAKER WILKINS overruled the Point of Order.

The Concurrent Resolution was then recalled from the Committee on Invitations and Memorial Resolutions.

REGULATION NO. 2203--RECALLED AND REFERRED
TO THE COMMITTEE ON
MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. TOWNSEND, with unanimous consent, Regulation No. 2203 was recalled from the Committee on Education and Public Works and was referred to the Committee on Medical, Military, Public and Municipal Affairs.

REGULATION NO. 2243--RECALLED AND REFERRED
TO THE COMMITTEE ON JUDICIARY

On motion of Rep. TOWNSEND, with unanimous consent, Regulation No. 2243 was recalled from the Committee on Education and Public Works and was referred to the Committee on Judiciary.

S. 928--RECALLED FROM THE COMMITTEE ON JUDICIARY

On motion of Rep. YOUNG, with unanimous consent, the following Joint Resolution was ordered recalled.

S. 928 -- Senators Lander, Waldrep, McConnell and Courtney: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A BILL OF RIGHTS FOR CRIME VICTIMS, SO AS TO PROVIDE THAT REQUIREMENTS THAT VICTIMS OF CRIMES BE NOTIFIED AND INFORMED OF THEIR RIGHTS AND PRIVILEGES CONFERRED UPON THEM UNDER THIS SECTION DO NOT APPLY TO CRIMES THE GENERAL ASSEMBLY BY LAW EXCLUDES FROM THESE REQUIREMENTS, AND TO PERMIT THE GENERAL ASSEMBLY BY LAW TO FURTHER DEFINE THE TERM "VICTIM" FOR PURPOSES OF THIS SECTION TO STIPULATE THE SPECIFIC INDIVIDUALS TO WHOM THIS SECTION APPLIES.

H. 4295--AMENDED, ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 4295 -- Reps. Neilson, Stuart and Rhoad: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA AREA HEALTH EDUCATION CONSORTIUM IN CONDUCTING ITS STATEWIDE NEEDS ASSESSMENT OF ALL HEALTH PROFESSIONALS TO EXAMINE THE PROBLEMS OF THE RECRUITMENT AND RETENTION OF NURSES AIDES IN SOUTH CAROLINA NURSING HOMES AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 1998.

Amend Title To Conform

Whereas, eighty percent of care in nursing homes is provided by nurses aides, and turnover rates for nursing aides in long term care are as high as one hundred percent in a two-year period;

Whereas, nurses aides are serving sicker and more severely handicapped patients due to the trend to keep patients at home and served by home and community health services as long as possible and;

Whereas, long term care facilities have great difficulty in finding nurses aides to fill openings;

Whereas, care for advanced dementia patients is difficult and poorly rewarded;

Whereas, increased workloads in long term care are demanding more health providers;

Whereas, our single elderly often have only their personal care nurses aides to depend on, as families are often not available;

Whereas, the pay scale for nursing aides is comparable to unskilled fast food workers;

Whereas, South Carolina's aging population is growing and will continue to increase as the baby boomers approach the ranks of senior citizens; and

Whereas, South Carolina Area Health Education Consortium (AHEC) is currently involved in a statewide health profession needs assessment of all health professionals including licensed and unlicensed providers under an enhanced AHEC contract. The health profession planning under the enhanced contract will focus on health care skills and competencies to serve the population in critical areas of health needs which include geriatric care. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That by this resolution, the General Assembly of the State of South Carolina requests the South Carolina Area Health Education Consortium, in conducting its statewide needs assessment of all health professionals, to examine the problem of recruitment and retention of nurses aides in South Carolina nursing homes and to report its findings and recommendations to the General Assembly before January 1, 1999.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Area Health Education Consortium.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7139AC.98), which was adopted.

Amend the resolution, as and if amended, page 2, line 22, by deleting /1998/ and inserting /1999/, so when amended, the penultimate paragraph of the concurrent resolution reads:

/That by this resolution, the General Assembly of the State of South Carolina requests the South Carolina Area Health Education Consortium, in conducting its statewide needs assessment of all health professionals, to examine the problem of recruitment and retention of nurses aides in South Carolina nursing homes and to report its findings and recommendations to the General Assembly before January 1, 1999./

Amend title to conform.

Rep. CAVE explained the amendment.

The amendment was then adopted.

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

S. 769--DEBATE ADJOURNED

The following Concurrent Resolution was taken up.

S. 769 -- Senator Moore: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A SECTION OF STATE HIGHWAY 7 IN MCCORMICK COUNTY AS THE "DON R. SAGGUS, JR. MEMORIAL HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

Rep. SHEHEEN moved to adjourn debate upon the Concurrent Resolution, which was adopted.

MOTION PERIOD

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

H. 3033--DEBATE ADJOURNED

Rep. WILDER moved to adjourn debate upon the following Bill until Thursday, February 12, which was adopted.

H. 3033 -- Reps. Govan, Inabinett, J. Hines, Lloyd and Moody-Lawrence: A BILL TO AMEND TITLE 44, CHAPTER 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 3 SO AS TO ENACT THE CHILDREN'S EMERGENCY MEDICAL SERVICES ACT, TO ESTABLISH THE EMERGENCY MEDICAL SERVICES FOR CHILDREN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR ITS DUTIES, AND TO CREATE AN ADVISORY COUNCIL TO THE PROGRAM.

H. 4165--COMMITTED

The following Joint Resolution was taken up.

H. 4165 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO HIGHWAY PATROL, WRECKER SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2184, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. TOWNSEND moved to commit the Joint Resolution to the Committee on Education and Public Works.

Rep. HOWARD moved to table the motion.

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

Yeas 12; Nays 97

Those who voted in the affirmative are:

Breeland               Brown, J.              Clyburn
Haskins                Howard                 Inabinett
Lee                    Lloyd                  Mack
Moody-Lawrence         Scott                  Whipper

Total--12

Those who voted in the negative are:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Battle                 Bauer                  Baxley
Beck                   Boan                   Bowers
Brown, H.              Brown, T.              Byrd
Campsen                Canty                  Cato
Cave                   Chellis                Cooper
Cotty                  Cromer                 Dantzler
Davenport              Delleney               Easterday
Edge                   Felder                 Fleming
Gamble                 Gourdine               Govan
Hamilton               Harrell                Harris
Harvin                 Hines, J.              Hines, M.
Hinson                 Jennings               Jordan
Keegan                 Kelley                 Kinon
Kirsh                  Knotts                 Koon
Leach                  Limehouse              Littlejohn
Loftis                 Maddox                 Martin
Mason                  McCraw                 McGee
McKay                  McLeod                 McMahand
McMaster               Meacham                Miller
Neal                   Neilson                Phillips
Quinn                  Rhoad                  Rice
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Sheheen
Simrill                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

Total--97

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

The question then recurred to the motion to commit, which was agreed to.

H. 4115--DEBATE ADJOURNED

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

H. 4115 -- Reps. Limbaugh, Harrison, Wilkins, D. Smith and Knotts: A BILL TO AMEND CHAPTER 13, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-5 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.

H. 3968--DEBATE ADJOURNED

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

H. 3968 -- Reps. Simrill, Kirsh, Meacham and Moody-Lawrence: A BILL TO ALLOW THE YORK COUNTY LEGISLATIVE DELEGATION THE AUTHORITY TO OVERRIDE A DECISION OF THE DEPARTMENT OF TRANSPORTATION CONCERNING THE PLACEMENT OF ELECTRICAL TRAFFIC-CONTROL DEVICES.

H. 3784--DEBATE ADJOURNED

Rep. WILDER moved to adjourn debate upon the following Bill until Tuesday, February 3, which was adopted.

H. 3784 -- 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.

H. 3248--RECOMMITTED

The following Bill was taken up.

H. 3248 -- Reps. F. Smith, McMahand, Whipper, Miller, Lee, Hamilton, M. Hines, Leach, Cato, Wilkins, Mack and Howard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-375 SO AS TO REQUIRE A HOSPITAL, NURSING HOME, OR OTHER LICENSED FACILITY TO INCLUDE AND MAINTAIN INCIDENCE AND OCCURRENCE REPORTS PERTAINING TO PATIENTS IN THE PATIENT'S MEDICAL RECORD.

Rep. SANDIFER moved to adjourn debate upon the Bill until Thursday, February 12.

Rep. SCOTT moved to table the motion.

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

Yeas 11; Nays 90

Those who voted in the affirmative are:

Breeland               Brown, J.              Cromer
Davenport              Hines, J.              Howard
Inabinett              Lloyd                  Mack
Scott                  Tripp

Total--11

Those who voted in the negative are:

Allison                Askins                 Bailey
Barfield               Barrett                Battle
Bauer                  Baxley                 Beck
Bowers                 Brown, T.              Campsen
Canty                  Cato                   Cave
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Delleney               Easterday              Edge
Felder                 Fleming                Gamble
Gourdine               Hamilton               Harrell
Harris                 Harvin                 Haskins
Hawkins                Hinson                 Jennings
Jordan                 Keegan                 Kelley
Kirsh                  Koon                   Leach
Lee                    Limehouse              Littlejohn
Loftis                 Maddox                 Martin
Mason                  McCraw                 McGee
McKay                  McLeod                 McMahand
McMaster               Meacham                Miller
Moody-Lawrence         Neal                   Neilson
Phillips               Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, F.              Smith, J.
Smith, R.              Spearman               Stoddard
Stuart                 Trotter                Vaughn
Walker                 Webb                   Whatley
Whipper                Wilder                 Wilkins
Witherspoon            Woodrum                Young

Total--90

So, the House refused to table the motion to adjourn debate.

The question then recurred to the motion to adjourn debate, which was rejected.

Rep. J. BROWN moved to recommit the Bill, which was agreed to.

RECURRENCE TO THE MORNING HOUR

Rep. SCOTT moved that the House recur to the morning hour, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 4550 -- Reps. Wilder, Carnell and Stoddard: A CONCURRENT RESOLUTION RECOGNIZING AND SALUTING BILL RHODES FOR HIS DEDICATED SERVICE TO THE NATIONAL GUARD AND TO CLINTON HIGH SCHOOL AS AN EDUCATOR AND ATHLETIC COACH, AND EXTENDING BEST WISHES TO HIM FOLLOWING HIS RETIREMENT FROM TWO OF THOSE CAREERS.

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

HOUSE RESOLUTION

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

H. 4551 -- Reps. R. Smith, Sharpe, Mason, Clyburn and Beck: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE MARCHING BAND OF SILVER BLUFF HIGH SCHOOL OF AIKEN COUNTY, BAND DIRECTOR, ASSISTANTS, AND SCHOOL OFFICIALS, ON A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 1997 CLASS 2A STATE MARCHING BAND CHAMPIONSHIP AND FOR THE BAND'S OTHER ACHIEVEMENTS.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to the marching band of Silver Bluff High School of Aiken County, band director, assistants, and school officials, on a date and time to be determined by the Speaker, for the purpose of being recognized for winning the 1997 Class 2A State Marching Band Championship and for the band's other achievements.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 965 -- Senator Ford: A CONCURRENT RESOLUTION TO RECOGNIZE THE RIGHT REVEREND JOHN HURST ADAMS, PRESIDING BISHOP OF THE SEVENTH EPISCOPAL DISTRICT OF THE AFRICAN METHODIST EPISCOPAL CHURCH, ON THE OCCASION OF "BISHOP ADAMS APPRECIATION WEEK" BEGINNING ON FRIDAY, FEBRUARY 6, 1998, AT THE MARRIOTT HOTEL IN CHARLESTON.

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. 4552 -- Rep. Townsend: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE DRIVER'S LICENSES, BY ADDING ARTICLE 10 SO AS TO PROVIDE FOR THE REGULATION OF THE OPERATION OF ALL TERRAIN VEHICLES.

Referred to Committee on Education and Public Works.

H. 4553 -- Rep. McLeod: A BILL TO AMEND SECTIONS 4-9-30 AND 5-7-30, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A COUNTY AND A MUNICIPALITY, RESPECTIVELY, TO LEVY A BUSINESS LICENSE TAX ON THE GROSS INCOME OF A BUSINESS OPERATING WITHIN THE COUNTY OR MUNICIPALITY, SO AS TO ALLOW A COUNTY OR MUNICIPALITY TO IMPOSE BY ORDINANCE A FEE IN LIEU OF A BUSINESS LICENSE TAX.

Referred to Committee on Ways and Means.

H. 4554 -- Reps. Meacham, Simrill, Vaughn, Leach, Hamilton, Davenport, R. Smith and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2805 SO AS TO AUTHORIZE A MUNICIPALITY BY ORDINANCE TO PROHIBIT THE LOCATION OF VIDEO GAMES WITH A FREE PLAY FEATURE WITHIN THE MUNICIPALITY; AND TO AMEND SECTION 12-21-2720, AS AMENDED, RELATING TO LICENSING OF COIN-OPERATED MACHINES OR DEVICES, SO AS TO DELETE FROM THE PROHIBITION ON A MUNICIPALITY LIMITING THE NUMBER OF COIN-OPERATED MACHINES OR DEVICES IN THE MUNICIPALITY VIDEO GAMES WITH A FREE PLAY FEATURE.

Referred to Committee on Ways and Means.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., January 29, 1998
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it wishes to recall S. 946:
S. 946 -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE ANTHONY G. JORDAN, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, FEBRUARY 25, 1998.
Very respectfully,
President

S. 946--ORDERED RETURNED TO THE SENATE

S. 769--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

S. 769 -- Senator Moore: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A SECTION OF STATE HIGHWAY 7 IN MCCORMICK COUNTY AS THE "DON R. SAGGUS, JR. MEMORIAL HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

Whereas, the late Don R. Saggus, Jr. was an outstanding individual and greatly beloved by his fellow citizens; and

Whereas, Mr.Saggus was a prominent Savannah Lakes executive who died prematurely at age 37; and

Whereas, the cost of memorial signage will be paid by private funds to be raised at no expense to the taxpayers of South Carolina; and

Whereas, it is fitting and proper that a four mile section of South Carolina Highway 7 in McCormick County be designated as "Don R. Saggus, Jr. Memorial Highway". Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Transportation to designate a four mile section of South Carolina Highway 7 in McCormick County as "Don R. Saggus, Jr. Memorial Highway" and to install appropriate markers or signs.

Be it further resolved that a copy of this resolution be forwarded to the family of Don R. Saggus, Jr. and the Department of Transportation.

Rep. QUINN explained the Concurrent Resolution.

The Concurrent Resolution was adopted and ordered returned to the Senate.

MOTION PERIOD

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

H. 4115--DEBATE ADJOURNED

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

H. 4115 -- Reps. Limbaugh, Harrison, Wilkins, D. Smith and Knotts: A BILL TO AMEND CHAPTER 13, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-5 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.

H. 3968--DEBATE ADJOURNED

The following Bill was taken up.

H. 3968 -- Reps. Simrill, Kirsh, Meacham and Moody-Lawrence: A BILL TO ALLOW THE YORK COUNTY LEGISLATIVE DELEGATION THE AUTHORITY TO OVERRIDE A DECISION OF THE DEPARTMENT OF TRANSPORTATION CONCERNING THE PLACEMENT OF ELECTRICAL TRAFFIC-CONTROL DEVICES.

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

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4532 -- Reps. Pinckney, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING THE RIGHT REVEREND JOHN HURST ADAMS, SENIOR BISHOP OF THE AFRICAN METHODIST EPISCOPAL CHURCH, AND CELEBRATING HIS TWENTY-FIVE YEARS OF EPISCOPAL LEADERSHIP AND FIFTY YEARS OF MINISTRY.

H. 4515 -- Rep. Bowers: A CONCURRENT RESOLUTION SALUTING SAND HILL BAPTIST CHURCH OF HAMPTON COUNTY ON THE HAPPY OCCASION OF THE CHURCH'S ONE HUNDRED FIFTIETH ANNIVERSARY.

H. 4516 -- Reps. Hamilton, Leach, Easterday, Wilkins, Tripp, Rice, Vaughn, Haskins, Loftis, Cato, F. Smith and McMahand: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE REVEREND JIM H. CONLEY OF GREENVILLE AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY, CONGREGATION, AND MANY FRIENDS.

H. 4517 -- Reps. Hawkins, Lanford, Littlejohn, Davenport, Allison, Walker, Lee and D. Smith: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF THE HONORABLE JOHN C. WILLIAMS OF SPARTANBURG, FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

H. 4518 -- Reps. Young, Woodrum, G. Brown, Barfield, Neal, Harvin and Canty: A CONCURRENT RESOLUTION COMMENDING RAYMOND C. BARWICK OF SUMTER COUNTY FOR HIS LIFETIME OF SERVICE TO OTHERS.

H. 4519 -- Rep. Boan: A CONCURRENT RESOLUTION RECOGNIZING AND SALUTING EUGENE HEATH OF LANCASTER COUNTY FOR HIS OUTSTANDING ACCOMPLISHMENTS IN AGRICULTURE AND CONSERVATION AND FOR HIS DEDICATED SERVICE TO HIS COMMUNITY.

H. 4521 -- Reps. G. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION EXTENDING THE SINCERE BEST WISHES OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MR. DRINK "BLUES DOCTOR" SMALL, A NATIVE OF BISHOPVILLE, ON THE OCCASION OF HIS SIXTY-FIFTH BIRTHDAY.

H. 4537 -- Reps. Govan, Cobb-Hunter, Felder, Sharpe and Stuart: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SOUTH CAROLINA STATE UNIVERSITY "BULL DOGS" FOOTBALL TEAM ON AN OUTSTANDING 1997 SEASON AND TO RECOGNIZE HEAD COACH WILLIE JEFFRIES, HIS ASSISTANT COACHES, AND STAFF MEMBERS FOR CONTINUING A TRADITION OF EXCELLENCE.

H. 4539 -- Reps. Breeland, Bailey, Baxley, Boan, Byrd, Campsen, Cave, Clyburn, Gourdine, Govan, A. Harris, Harvin, J. Hines, M. Hines, Hinson, Howard, Kennedy, Lanford, Littlejohn, Lloyd, Mack, Martin, McCraw, Moody-Lawrence, Rhoad, Rodgers, Sheheen, J. Smith, Stille, Stuart, Whatley, Wilder, Whipper, McLeod, Inabinett, Limehouse, Pinckney, Jordan, Harrell, F. Smith and McGee: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA AREA HEALTH EDUCATION CONSORTIUM (S.C. AHEC) ON ITS TWENTY-FIFTH ANNIVERSARY AND COMMENDING S.C. AHEC FOR EXCELLENCE IN HEALTH CARE THROUGH EDUCATION.

H. 4550 -- Reps. Wilder, Carnell and Stoddard: A CONCURRENT RESOLUTION RECOGNIZING AND SALUTING BILL RHODES FOR HIS DEDICATED SERVICE TO THE NATIONAL GUARD AND TO CLINTON HIGH SCHOOL AS AN EDUCATOR AND ATHLETIC COACH, AND EXTENDING BEST WISHES TO HIM FOLLOWING HIS RETIREMENT FROM TWO OF THOSE CAREERS.

ADJOURNMENT

At 11:30 A.M. the House in accordance with the motion of Rep. BARFIELD adjourned in memory of John Clayton Richardson of Conway, to meet at 10:00 A.M. tomorrow.

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