Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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| Printed Page 3330, May 7 | Printed Page 3350, May 7 |

Printed Page 3340 . . . . . Tuesday, May 7, 1996

ACTING SPEAKER HARRISON IN CHAIR

Rep. COOPER continued speaking.

Rep. SPEARMAN moved to table the amendment.

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

Yeas 41; Nays 56

Those who voted in the affirmative are:

Askins               Baxley               Boan
Breeland             Brown, G.            Brown, J.
Byrd                 Clyburn              Cobb-Hunter
Delleney             Felder               Fleming
Fulmer               Hallman              Hines, J.
Hodges               Howard               Kinon
Kirsh                Knotts               Lee
Lloyd                Martin               McCraw
Moody-Lawrence       Neal                 Neilson
Phillips             Rhoad                Riser
Scott                Sharpe               Sheheen
Shissias             Spearman             Waldrop
Whipper, L.          Whipper, S.          White
Williams             Witherspoon

Total--41

Those who voted in the negative are:

Allison              Bailey               Cain
Cato                 Chamblee             Cooper
Cotty                Cromer               Dantzler
Davenport            Easterday            Gamble
Harrell              Harris, J.           Harrison
Hutson               Jaskwhich            Keegan
Kelley               Keyserling           Klauber
Koon                 Lanford              Law
Limbaugh             Limehouse            Littlejohn
Marchbanks           Mason                McAbee
McTeer               Meacham              Quinn
Rice                 Richardson           Robinson
Sandifer             Seithel              Simrill

Printed Page 3341 . . . . . Tuesday, May 7, 1996

Smith, D.            Smith, R.            Stille
Stoddard             Stuart               Townsend
Tripp                Tucker               Vaughn
Walker               Wells                Whatley
Wilder               Wilkins              Wofford
Young                Young-Brickell

Total--56

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

SPEAKER IN CHAIR

Rep. SPEARMAN proposed the following Amendment No. 5, which was rejected.

Strike Sections 1, 2, 3, 4 of bill and add:

SECTION 1. The 1976 Code is amended by adding:

"Section 56-1-742. Notwithstanding another provision of law, the department shall suspend the driver's license of a driver less than seventeen years of age who accumulates six points as determined by the values contained in Section 56-1-720 for one year."

SECTION 2. This act takes effect upon approval by the Governor and is applicable to a person applying for a beginner's permit or motor vehicle license on or after January 1, 1997.

Add Section 56-1-746(c).

Amend title to conform.

Rep. SPEARMAN explained the amendment.

Rep. COOPER spoke against the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 47; Nays 54

Those who voted in the affirmative are:

Allison              Baxley               Cato
Chamblee             Cooper               Cotty

Printed Page 3342 . . . . . Tuesday, May 7, 1996

Cromer               Dantzler             Delleney
Easterday            Gamble               Harrell
Harris, J.           Harrison             Hutson
Jaskwhich            Keegan               Kelley
Koon                 Law                  Limbaugh
Littlejohn           Loftis               Marchbanks
Mason                McTeer               Meacham
Richardson           Robinson             Sandifer
Seithel              Simrill              Smith, D.
Stille               Stoddard             Stuart
Thomas               Townsend             Tripp
Trotter              Walker               Wells
Whipper, S.          Wilkins              Wofford
Young                Young-Brickell

Total--47

Those who voted in the negative are:

Anderson             Askins               Bailey
Boan                 Breeland             Brown, G.
Brown, J.            Byrd                 Cain
Clyburn              Cobb-Hunter          Davenport
Felder               Fleming              Fulmer
Hallman              Hines, J.            Hodges
Howard               Kinon                Kirsh
Klauber              Knotts               Lanford
Lee                  Limehouse            Lloyd
Martin               McAbee               McCraw
McElveen             Moody-Lawrence       Neal
Neilson              Phillips             Rhoad
Rice                 Riser                Rogers
Scott                Sharpe               Sheheen
Shissias             Spearman             Tucker
Waldrop              Whatley              Whipper, L.
White                Wilder               Wilkes
Williams             Witherspoon          Wright

Total--54

So, the House refused to table the amendment.


Printed Page 3343 . . . . . Tuesday, May 7, 1996

Rep. TOWNSEND spoke against the amendment.

Rep. FELDER moved to continue the Bill.

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

Yeas 38; Nays 63

Those who voted in the affirmative are:

Askins               Baxley               Breeland
Brown, G.            Brown, J.            Byrd
Cain                 Carnell              Clyburn
Cobb-Hunter          Felder               Fleming
Fulmer               Hallman              Hines, J.
Howard               Kinon                Kirsh
Klauber              Lanford              Lee
Lloyd                Martin               McAbee
Moody-Lawrence       Neal                 Phillips
Rhoad                Riser                Scott
Sharpe               Waldrop              Whatley
Whipper, L.          Whipper, S.          White
Williams             Witherspoon

Total--38

Those who voted in the negative are:

Allison              Bailey               Boan
Cato                 Chamblee             Cooper
Cotty                Cromer               Dantzler
Davenport            Delleney             Easterday
Gamble               Harrell              Harris, J.
Harrison             Haskins              Hodges
Hutson               Jaskwhich            Keegan
Kelley               Keyserling           Knotts
Koon                 Law                  Limbaugh
Limehouse            Littlejohn           Loftis
Marchbanks           Mason                McTeer
Meacham              Neilson              Quinn
Rice                 Richardson           Robinson
Rogers               Sandifer             Seithel
Sheheen              Shissias             Simrill

Printed Page 3344 . . . . . Tuesday, May 7, 1996

Smith, D.            Smith, R.            Spearman
Stille               Stoddard             Stuart
Thomas               Townsend             Trotter
Vaughn               Walker               Wells
Wilder               Wilkes               Wilkins
Wofford              Young                Young-Brickell

Total--63

So, the House refused to continued the Bill.

The question then recurred to the adoption of the amendment.

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

Yeas 48; Nays 57

Those who voted in the affirmative are:

Askins               Bailey               Baxley
Boan                 Breeland             Brown, G.
Brown, J.            Byrd                 Cain
Clyburn              Cobb-Hunter          Davenport
Felder               Fleming              Fulmer
Govan                Hallman              Hines, J.
Hodges               Howard               Kinon
Kirsh                Knotts               Lee
Lloyd                McCraw               McElveen
Moody-Lawrence       Neal                 Phillips
Rhoad                Riser                Rogers
Scott                Sharpe               Sheheen
Shissias             Spearman             Stoddard
Waldrop              Whatley              Whipper, L.
Whipper, S.          White                Wilder
Wilkes               Williams             Witherspoon

Total--48

Those who voted in the negative are:

Allison              Carnell              Cato
Chamblee             Cooper               Cotty
Cromer               Dantzler             Delleney

Printed Page 3345 . . . . . Tuesday, May 7, 1996

Easterday            Gamble               Harrell
Harris, J.           Harrison             Haskins
Hutson               Jaskwhich            Keegan
Kelley               Keyserling           Klauber
Koon                 Lanford              Law
Limbaugh             Limehouse            Littlejohn
Loftis               Marchbanks           Martin
Mason                McAbee               McTeer
Meacham              Neilson              Quinn
Rice                 Richardson           Robinson
Sandifer             Seithel              Simrill
Smith, D.            Smith, R.            Stille
Stuart               Thomas               Townsend
Trotter              Vaughn               Walker
Wells                Wilkins              Wofford
Wright               Young                Young-Brickell

Total--57

So, the amendment was rejected.

Rep. RICHARDSON proposed the following Amendment No. 6, which was tabled.

Amend the bill, as and if amended, by adding an appropriate Section 56-1-60 which states:

"In school districts which provide Driver Education Programs, that priority for attending these classes by given to 15 year-olds, then 16 year-olds, then 17 year-olds, then 18 year-olds."

Rep. RICHARDSON explained the amendment.

Rep. SHEHEEN spoke against the amendment.

Rep. KIRSH moved to table the amendment.

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

Yeas 79; Nays 21

Those who voted in the affirmative are:

Allison              Askins               Bailey
Baxley               Boan                 Breeland
Brown, G.            Brown, J.            Byrd

Printed Page 3346 . . . . . Tuesday, May 7, 1996

Cato                 Chamblee             Clyburn
Cobb-Hunter          Cotty                Cromer
Dantzler             Davenport            Easterday
Felder               Fleming              Fulmer
Govan                Harrell              Harris, J.
Haskins              Hines, J.            Hodges
Hutson               Kinon                Kirsh
Klauber              Knotts               Lanford
Law                  Lee                  Limehouse
Lloyd                Loftis               Marchbanks
Martin               McCraw               McTeer
Moody-Lawrence       Neal                 Neilson
Phillips             Quinn                Rhoad
Rice                 Riser                Robinson
Rogers               Sandifer             Scott
Seithel              Sharpe               Sheheen
Simrill              Smith, R.            Spearman
Stoddard             Townsend             Tripp
Trotter              Tucker               Vaughn
Waldrop              Walker               Wells
Whipper, L.          Whipper, S.          Wilder
Wilkes               Williams             Witherspoon
Wofford              Wright               Young
Young-Brickell

Total--79

Those who voted in the negative are:

Cain                 Carnell              Cooper
Gamble               Hallman              Howard
Jaskwhich            Keegan               Kelley
Keyserling           Koon                 Littlejohn
Mason                McAbee               McElveen
Meacham              Richardson           Stille
Stuart               Thomas               Whatley

Total--21

So, the amendment was tabled.

Rep. TOWNSEND moved to adjourn debate upon the Bill.


Printed Page 3347 . . . . . Tuesday, May 7, 1996

Rep. FELDER moved to continue the Bill.

POINT OF ORDER

Rep. SPEARMAN raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.

The question then recurred to the motion to adjourn debate, which was rejected by a division vote of 34 to 54.

Rep. KIRSH proposed the following Amendment No. 7 (Doc Name P:\amend\DKA\3754CM.96), which was rejected.

Amend the Report of the Committee on Education and Public Works, as and if amended, Section 56-1-50(B)(2), SECTION 2, page [3803-2], by inserting after /of/ on line 12 / a pick-up truck, / and inserting a /,/ after /machinery/.

Amend further, Section 56-1-180, SECTION 3, page [3803-3], by inserting after /of/ on line 41 /a pick-up truck,/ and inserting a /,/ after /machinery/.

Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. WALKER moved to table the amendment, which was not agreed to by a division vote of 29 to 40.

Rep. TOWNSEND spoke against the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. LITTLEJOHN a leave of absence for the remainder of the day.

The question then recurred to the adoption of the amendment, which was rejected by a division vote of 39 to 39.

Rep. SCOTT proposed the following Amendment No. 8.

Insurance companies must accept any and all driver's training done and completed by those students who have received driver's training by schools approved by DOT.

Amend title to conform.

Rep. SCOTT explained the amendment.


Printed Page 3348 . . . . . Tuesday, May 7, 1996

Rep. TOWNSEND moved to recommit the Bill to the Committee on Education and Public Works, which was agreed to.

H. 4651--RECOMMITTED

The following Bill was taken up.

H. 4651 -- Reps. Harrison, Seithel and Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY ANY LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT WHEREBY THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE; TO MAKE IT UNLAWFUL TO RAFFLE, ASK FOR DONATIONS, OR GIVE AWAY TICKETS OR HOLD DRAWINGS TO RECEIVE OR WIN ANY LIVE ANIMAL; AND TO PROVIDE PENALTIES.

Rep. HARRISON moved to recommit the Bill to the Committee on Judiciary, which was agreed to.

H. 4788--RECOMMITTED

The following Bill was taken up.

H. 4788 -- Reps. Tripp and Cato: A BILL TO AMEND SECTIONS 40-45-20, 40-45-200, AS AMENDED, AND SECTION 40-45-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE PRACTICE OF PHYSICAL THERAPY, SO AS TO DELETE PROVISIONS REQUIRING SUCH PRACTICE ONLY UPON THE PRESCRIPTION OF A DOCTOR OF MEDICINE OR DENTISTRY AND TO INCLUDE AS A GROUND FOR REFUSING TO LICENSE OR FOR DISCIPLINARY ACTION A PERSON WHO HAS PRACTICED PHYSICAL THERAPY BEYOND THE SCOPE OF PRACTICE.

The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9307AC.96).

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 40-45-20 of the 1976 Code is amended to read:


Printed Page 3349 . . . . . Tuesday, May 7, 1996

"Section 40-45-20. In this chapter, unless the context otherwise requires, the following definitions shall have the following meaning:

(1) `Physical therapy' shall mean means the evaluation and treatment of any a bodily or mental condition of any a person by the use of physical, chemical, or mechanical agents, the properties of heat, light, water, electricity, massage, sound, and therapeutic exercises, including rehabilitation procedures, all under the prescription of a licensed doctor of medicine or dentistry for each patient or upon the written recommendation to the board by two doctors of medicine or dentistry which would authorize the person to perform physical therapy on all patients in accordance with this chapter. The Physical therapy does not include the use of roentgen rays and radium for diagnostic or therapeutic purposes, the use of electricity for surgical purposes, including cauterization and colonic irrigations, are not authorized under the term `physical therapy' as used in this chapter.

(2) `Physical therapist' shall mean means a person who practices physical therapy.

(3) `Physical therapist assistant' shall mean means a person who assists a physical therapist and whose activities require an understanding of physical therapy but do not require advanced training in the anatomical, biological, and physical sciences involved in the practice of physical therapy.

(4) `Prescription' shall mean the written or oral designation of physical therapy treatment by a licensed doctor of medicine or dentistry and the instruction therefor may be as detailed or as general as the doctor in his sound discretion deems necessary in the particular case.

(5) `Board' shall mean means the State Board of Physical Therapy Examiners."

SECTION 2. Section 40-45-200 (8) and (9) are amended to read:

"(8) Who has treated or undertaken to treat human ailments otherwise than by physical therapy as defined in this chapter, or who has undertaken to practice independent of the prescription of a licensed doctor of medicine or dentistry; or

(9) Who has practiced physical therapy and failed to refer to a licensed medical doctor or dentist a patient whose medical condition at the time of evaluation or treatment should have been determined to be beyond the scope of practice of a physical therapist or in violation of the requirements of this chapter;

(9)(10) Who has failed or refused to obey any lawful order or regulation of the board.;"


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