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

WEDNESDAY, JANUARY 28, 1998

Wednesday, January 28, 1998
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Our good and gracious God, we thank You for Your bounty which has sustained us, for Your discipline which has corrected us, for Your love that has forgiven us. Amid the shifting shadows all around, give us a clear vision to see the shining truths of the eternal. Cause us to look beyond our selfish ambitions and hollow pride to behold Your unchangeable truths standing like mountain peaks piercing the sky. Make our conduct coincide with our creed, our practice with our profession.

We pray in praise and thanksgiving. 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. McMAHAND moved that when the House adjourns, it adjourn in memory of Mrs. Annie M. Anderson, mother of Senator Ralph Anderson, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

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.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

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.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 3617 -- Reps. Mason, Felder, Knotts, Easterday, R. Smith, Bailey, Sandifer, Seithel, Stoddard, Vaughn, Haskins, McMahand, F. Smith, Jordan, McCraw, Cato, Walker, Kelley, Phillips, Littlejohn, Beck, Hawkins, Sharpe, Young-Brickell, Hamilton, Koon, Lanford, Lloyd, Cave, Barfield, 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.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

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.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

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.

Ordered for consideration tomorrow.

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4514 -- Judiciary Committee: A HOUSE RESOLUTION TO ADOPT THE RECOMMENDATION OF THE HOUSE JUDICIARY COMMITTEE ON THE ELECTION APPEAL IN HOUSE DISTRICT 5.

Whereas, the following matter has been brought before the House of Representatives:

THE STATE OF SOUTH CAROLINA
BEFORE THE HOUSE OF REPRESENTATIVES
APPEAL FROM THE BOARD OF STATE CANVASSERS

Jeffery D. Burgess,             )

)

Protestant             )

)
vs.                                         )

)
Alfred D. Robinson, Jr.,     )

)

Respondent         )

)
and The State Election         )
Commission and Pickens     )
County Election                 )
Commission                         )

Whereas, in House District 5, the Board of State Canvassers issued an Order upholding the election of Alfred D. Robinson, Jr., as the member of the House of Representatives from House District 5, and Protestant Jeffery D. Burgess filed an appeal from such finding with the House of Representatives; and

Whereas, the appeal was referred to the Judiciary Committee by the Speaker of the House; and

Whereas, the Judiciary Committee has now carefully considered the appeal and by this resolution does specifically make its recommendation of the appeal as follows:
The Judiciary Committee finds that the Order of the Board of State Canvassers should be upheld, the election of Alfred D. Robinson, Jr., should be declared valid, and Alfred D. Robinson, Jr., should continue sitting as the Representative from House District 5.

Now, therefore,

Be it resolved by the House of Representatives:

That the recommendation of the House Judiciary Committee is adopted, the Order of the Board of State Canvassers is upheld, the election of Alfred D. Robinson, Jr., is declared valid, and Alfred D. Robinson, Jr., shall continue sitting as the duly elected Representative from House District 5.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

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.

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

CONCURRENT RESOLUTION

The following was introduced:

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.

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

CONCURRENT RESOLUTION

The following was introduced:

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.

Whereas, the Honorable John C. Williams of Spartanburg died January 20, 1998, at the age of ninety-four; and

Whereas, Mr. Williams had practiced law in Spartanburg since 1931, first with the law firm of South Carolina statesman Olin D. Johnston (Johnston and Williams), and later with the firm of Williams and Williams until his recent retirement; and

Whereas, Mr. Williams served in the South Carolina House of Representatives from Spartanburg County from 1931 to 1932 and 1949 to 1950; and

Whereas, he was United States District Attorney for the Western District of South Carolina under Presidents Truman, Kennedy, and Lyndon Johnson; he was a leading member of the South Carolina Bar and was very active in the community in numerous ways; he was respected, admired, and loved by all who knew him and left a legacy of outstanding service and dedication; and

Whereas, we want his family and many friends to know that they are uppermost in our thoughts and have our deepest sympathy. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, express sorrow at the death of the Honorable John C. Williams of Spartanburg, former member of the South Carolina House of Representatives, and extend sympathy to his family and many friends.

Be it further resolved that a copy of this resolution be forwarded to the family of the Honorable John C. Williams.

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

CONCURRENT RESOLUTION

The following was introduced:

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.

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

CONCURRENT RESOLUTION

The following was introduced:

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.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4520 -- Reps. Baxley, Neilson, Kelley, J. Hines, Lanford, Wilder, Law, Seithel, Keegan, Battle, M. Hines, Stoddard, McMaster, Miller, Quinn, Littlejohn, Sandifer, Breeland, Delleney, McMahand, F. Smith, Vaughn, Riser, Mack and Jennings: A CONCURRENT RESOLUTION URGING THE 105TH CONGRESS TO ADOPT LEGISLATION TO ESTABLISH AN INTEGRATED NUCLEAR WASTE DISPOSAL PROGRAM.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

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.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 945 -- Senators Martin and Lander: A CONCURRENT RESOLUTION TO EXTEND SINCERE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO BRIGADIER GENERAL JERALD RAY HELGESON, UPON HIS RETIREMENT AS COMMANDER, SOUTH CAROLINA STATE GUARD, SECOND BRIGADE, ON JANUARY 31, 1998.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

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.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 954 -- Senator Setzler: A CONCURRENT RESOLUTION SALUTING JANICE WARREN OF GILBERT FOR HER OUTSTANDING WORK AS DIRECTOR OF THE OFFICE OF LEXINGTON COUNTY REGISTRATION AND ELECTIONS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 955 -- Senator Peeler: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF LONGTIME CHEROKEE COUNTY SCHOOL BOARD MEMBER, J. ARTHUR "BUD" BRIDGES, JR., AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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. 4522 -- Rep. Bowers: A BILL TO AMEND ARTICLE 24, CHAPTER 21, TITLE 12, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF BINGO GAMES, BY ADDING SECTION 12-21-3953 SO AS TO PROVIDE THAT RADIO AND TELEVISION STATIONS LOCATED IN THIS STATE MAY APPLY FOR A PROMOTER'S LICENSE AND CONTRACT WITH LICENSED NONPROFIT ORGANIZATIONS TO CONDUCT AND BROADCAST BINGO GAMES BY RADIO AND TELEVISION IN ACCORDANCE WITH THIS ARTICLE, TO PROVIDE THAT RADIO AND TELEVISION STATIONS LOCATED IN THIS STATE THAT DO NOT OBTAIN A PROMOTER'S LICENSE MAY CONTRACT WITH LICENSED PROMOTERS TO CONDUCT AND BROADCAST BINGO GAMES BY RADIO AND TELEVISION IN ACCORDANCE WITH THIS ARTICLE, AND TO PROVIDE THAT WHEN CONTRACTING WITH A LICENSED NONPROFIT ORGANIZATION OR A LICENSED PROMOTER TO CONDUCT AND BROADCAST A BINGO GAME IT IS NOT UNLAWFUL FOR A RADIO OR TELEVISION STATION TO GENERATE ADDITIONAL REVENUE FOR THE RADIO OR TELEVISION STATION BY PURCHASING BINGO CARDS AND SUPPLIES AND DISTRIBUTING THEM FREE, OR FOR A PRICE, TO RETAILERS OR OTHER BUSINESS ENTITIES WHO PURCHASE ADVERTISING TIME FROM THE STATION.

Referred to Committee on Ways and Means.

H. 4523 -- Reps. Fleming, Phillips, Rodgers, Stuart, McCraw, Young-Brickell, Allison and Spearman: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO DELETE KIDNEY DISEASE TREATMENT CENTERS AND HEMODIALYSIS CENTERS FROM THE DEFINITION OF "HEALTH CARE FACILITY", AND TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, SO AS TO EXEMPT DIALYSIS MACHINES AND KIDNEY DISEASE TREATMENT CENTERS.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4524 -- Reps. Fleming, Bauer, Chellis and Kinon: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 28 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR HANDICAPPED PERSONS.

Referred to Committee on Education and Public Works.

H. 4525 -- Rep. Fleming: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-8927 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON UNDER EIGHTEEN YEARS OF AGE TO PURCHASE OR KNOWINGLY POSSESS CIGARETTES AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 56-1-746, AS AMENDED, RELATING TO A DRIVER'S LICENSE SUSPENSION FOR CERTAIN ALCOHOLIC BEVERAGE POSSESSION, SALE, AND CONSUMPTION OFFENSES, SO AS TO PROVIDE THAT CERTAIN PERSONS WHO PURCHASE OR POSSESS CIGARETTES SHALL HAVE THEIR DRIVER'S LICENSES SUSPENDED.

Referred to Committee on Judiciary.

H. 4526 -- Reps. Kelley, Edge, Barfield and Keegan: A BILL TO AMEND SECTION 12-21-2420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF AND EXEMPTIONS FROM THE ADMISSIONS LICENSE TAX, SO AS TO PROVIDE THAT THE MEASURE OF THIS TAX DOES NOT INCLUDE ANY TAX OR FEE IMPOSED BY A POLITICAL SUBDIVISION OF THE STATE THAT CONSTITUTES A PART OF THE CHARGE FOR ADMISSION.

Referred to Committee on Ways and Means.

H. 4527 -- Reps. Mack, Neilson, Woodrum, J. Hines, Breeland, Hinson, M. Hines, Govan, Moody-Lawrence, Cave, Bowers, Byrd, Clyburn, Baxley and Phillips: A BILL TO AMEND SECTION 59-71-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL BONDS, SO AS TO PROVIDE REVENUE RAISED AS A RESULT OF THE PASSAGE OF A BOND REFERENDUM WHICH IDENTIFIES A PARTICULAR PROJECT OR PROJECTS MAY BE UTILIZED ONLY FOR THE PURPOSE OF FUNDING THE PROJECT OR PROJECTS IDENTIFIED AT THE TIME OF CONSIDERATION OF THE ISSUE BY THE VOTERS, AND TO PROVIDE FOR CERTAIN FINANCIAL FORFEITURES FOR VIOLATION.

Referred to Committee on Ways and Means.

H. 4528 -- Reps. Kennedy, J. Hines, Neilson, M. Hines, Baxley, Gourdine, Hinson, Moody-Lawrence, Clyburn, Lloyd, Robinson, Koon, Canty, Stille, McCraw, Cato, Inabinett, McLeod, Breeland, Scott, Cobb-Hunter, Stoddard, Harvin, Mack, Gamble, A. Harris, Lanford and Phillips: A BILL TO AMEND THE 1976 CODE OF LAWS OF SOUTH CAROLINA BY ADDING SECTION 59-1-525 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL PERFORM TEACHER AND ADMINISTRATOR CERTIFICATION SERVICES WITHOUT CHARGE, AND TO DEFINE WHAT CONSTITUTES CERTIFICATION SERVICES FOR PURPOSES OF THIS PROVISION.

Rep. KENNEDY asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. WOODRUM objected.

Referred to Committee on Education and Public Works.

H. 4529 -- Reps. Harvin, Baxley, J. Hines, J. Smith, Seithel, Jennings, F. Smith, M. Hines, Clyburn, Inabinett, Knotts, Neal, Moody-Lawrence, T. Brown, McMahand, Cobb-Hunter, Lloyd, Kennedy, McCraw, Bowers, Neilson and Breeland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-1-85 AND 56-3-627 SO AS TO PROVIDE THAT A PERSON WHO WAITS IN LINE MORE THAN TEN MINUTES TO RECEIVE A DRIVER'S LICENSE OR MOTOR VEHICLE REGISTRATION AND LICENSE PLATE FROM THE DEPARTMENT OF PUBLIC SAFETY SHALL RECEIVE THE DRIVER'S LICENSE OR MOTOR VEHICLE REGISTRATION AND LICENSE PLATE WITHOUT CHARGE.

Referred to Committee on Education and Public Works.

H. 4530 -- Rep. Sheheen: A BILL TO AMEND SECTION 48-57-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION OF THE PRIVILEGE OF AN ENVIRONMENTAL AUDIT REPORT IN ADMINISTRATIVE PROCEEDINGS, SO AS TO ADD VIOLATION OF A PERMIT PROVISION OR CONDITION TO PERMIT ISSUANCE AS GROUNDS FOR REVOKING THE PRIVILEGE; TO AMEND SECTION 48-57-60 RELATING TO REVOCATION OF THE PRIVILEGE OF AN ENVIRONMENTAL AUDIT REPORT IN CRIMINAL PROCEEDINGS, SO AS TO ALLOW REVOCATION NOT ONLY FOR WILFUL NONCOMPLIANCE, BUT ALSO FOR RECKLESS OR GROSSLY NEGLIGENT DISREGARD OF ENVIRONMENTAL LAWS AND BY ADDING VIOLATION OF A PERMIT PROVISION OR CONDITION TO PERMIT ISSUANCE AS GROUNDS FOR REVOCATION; AND TO AMEND SECTION 48-57-100 TO REQUIRE RESOLUTION OF THE DISCLOSED VIOLATION WITHIN A REASONABLE TIME AND TO CHARACTERIZE A DISCLOSURE AS NOT VOLUNTARY IF THERE IS A GUILTY FINDING OF A PERMIT VIOLATION OR THERE HAS BEEN A SUCCESSFUL PROSECUTION IN A CRIMINAL PROCEEDING FOR AN ENVIRONMENTAL COMPLIANCE VIOLATION.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4531 -- Reps. Vaughn, Woodrum, Bauer, Bailey, Young, Govan, Mason, Koon, Barrett, Simrill, Sandifer, Cato, Clyburn, Hinson, Tripp, Leach, Hamilton, Canty, McCraw, Stille, Rodgers, Davenport, McGee, Knotts, Bowers, Haskins, Law, Cave and Riser: A BILL TO AMEND SECTION 12-51-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT BY THE SUCCESSFUL BIDDER AT A DELINQUENT TAX SALE, SO AS TO REQUIRE PAYMENT ONLY OF TAXES, ASSESSMENTS, PENALTIES, AND COSTS PENDING EXPIRATION OF THE REDEMPTION PERIOD; TO AMEND SECTION 12-51-90, AS AMENDED, RELATING TO REDEMPTION OF REAL PROPERTY BY A DEFAULTING TAXPAYER, SO AS TO ALLOW THE DEFAULTING TAXPAYER TO PAY INTEREST ONLY ON THE SUM ACTUALLY PAID BY THE SUCCESSFUL BIDDER; TO AMEND SECTION 12-51-100, RELATING TO CANCELLATION OF THE SALE UPON REDEMPTION AND REFUND TO THE PURCHASER, SO AS TO REFLECT THE PAYMENT REQUIRED OF THE SUCCESSFUL BIDDER; AND TO AMEND SECTION 12-51-130, AS AMENDED, RELATING TO EXECUTION AND DELIVERY OF THE TAX TITLE, SO AS TO REQUIRE THE SUCCESSFUL BIDDER TO REMIT THE BALANCE OF THE DELINQUENT TAX BID BEFORE ISSUANCE OF THE TAX DEED.

Referred to Committee on Ways and Means.

H. 4533 -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-70 SO AS TO PROVIDE IMMUNITY FOR THE OWNER OF REAL PROPERTY OR A TENANT FOR NEGLIGENCE RESULTING FROM AN INJURY TO THE OPERATOR OF A SKATEBOARD, IN-LINE SKATES, OR A BICYCLE, AS A RESULT OF THE OPERATION OF THESE DEVICES ON THE OWNER'S OR TENANT'S PRIVATE OR PUBLIC PROPERTY.

Referred to Committee on Judiciary.

H. 4534 -- Rep. Klauber: A BILL TO AMEND SECTION 56-5-6440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS AND VEHICLES EXEMPT FROM PROVIDING CHILD PASSENGER RESTRAINT SYSTEMS, SO AS TO NO LONGER EXEMPT TAXI DRIVERS FROM THIS PROVISION.

Referred to Committee on Education and Public Works.

S. 332 -- Senator Hayes: A BILL TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES, FINES, AND FORFEITURE PROCEDURES ASSOCIATED WITH THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO NOT ALLOW A CONFISCATED PISTOL TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO ALLOW A CONFISCATED PISTOL TO BE DESTROYED; TO AMEND SECTION 16-23-405, RELATING TO THE DEFINITION OF WEAPON, AND TO THE CONFISCATION AND DISPOSITION OF WEAPONS USED IN THE COMMISSION OR FURTHERANCE OF A CRIME, SO AS TO ALLOW A LAW ENFORCEMENT AGENCY THAT RECEIVES A CONFISCATED WEAPON TO TRADE IT WITH CERTAIN RETAIL DEALERS, TO NOT ALLOW A CONFISCATED WEAPON TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL, AND TO ALLOW A CONFISCATED WEAPON TO BE DESTROYED; TO AMEND SECTION 23-31-180, AS AMENDED, RELATING TO THE FORFEITURE AND DESTRUCTION OF PISTOLS DECLARED TO BE CONTRABAND, SO AS TO NOT ALLOW PISTOLS DECLARED TO BE CONTRABAND TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO REQUIRE THESE WEAPONS TO BE EITHER DESTROYED OR DISPLAYED; AND TO REPEAL SECTION 16-23-500 RELATING TO THE AUTHORITY OF CLERKS OF COURT AND MAYORS TO SELL CONFISCATED OR FORFEITED WEAPONS.

Referred to Committee on Judiciary.

S. 772 -- Senators Holland, Bryan and Courson: A BILL TO AMEND SECTION 22-3-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPELLING ATTENDANCE OF A WITNESS, SO AS TO ALLOW A MAGISTRATE TO COMPEL THE ATTENDANCE OF ANY WITNESS RESIDING IN THE COUNTY INSTEAD OF ANY WITNESS RESIDING NOT MORE THAN TWENTY MILES FROM THE MAGISTRATE'S LOCATION; TO PROVIDE THAT IF THE WITNESS FAILS OR REFUSES TO ATTEND OR GIVE EVIDENCE WITHOUT GOOD CAUSE SHOWN, THE MAGISTRATE MAY FIND HIM IN CONTEMPT AND SENTENCE HIM UP TO THE CRIMINAL JURISDICTIONAL LIMIT IMPOSED ON MAGISTRATES' COURTS; AND TO DELETE CERTAIN OBSOLETE REFERENCES.

Referred to Committee on Judiciary.

S. 779 -- Senators Holland and Setzler: A BILL TO AMEND SECTION 5-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRIAL OF PERSONS CHARGED WITH VIOLATIONS OF MUNICIPAL LAWS AND ORDINANCES, SO AS TO DELETE THE REQUIREMENT THAT TRIAL BE HELD WITHIN SEVEN DAYS.

Referred to Committee on Judiciary.

S. 864 -- Senators Holland, Washington and Giese: A BILL TO AMEND SECTION 58-3-26, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF PUBLIC SERVICE COMMISSIONERS, SO AS TO PROVIDE THAT THE COMMISSION ELECT A VICE-CHAIRMAN INSTEAD OF A SECRETARY.

Referred to Committee on Labor, Commerce and Industry.

S. 866 -- Senators Holland, Reese, Wilson, Mescher, Hayes, McConnell, Leventis and Martin: A BILL TO AMEND SECTION 16-3-1075, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FELONY OF CARJACKING, SO AS TO INCREASE THE PENALTIES FOR THE OFFENSE; TO AMEND SECTION 16-1-60, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT CARJACKING IS A VIOLENT CRIME; TO AMEND SECTION 17-25-45, RELATING TO MOST SERIOUS OFFENSES, SO AS TO PROVIDE THAT CARJACKING IS A MOST SERIOUS OFFENSE.

Referred to Committee on Judiciary.

CONCURRENT RESOLUTION

The following was introduced:

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.

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                 Askins
Bailey                 Barfield               Barrett
Battle                 Bauer                  Baxley
Beck                   Boan                   Bowers
Breeland               Brown, G.              Brown, H.
Brown, J.              Brown, T.              Byrd
Campsen                Canty                  Carnell
Cato                   Cave                   Chellis
Clyburn                Cobb-Hunter            Cooper
Cotty                  Cromer                 Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Gamble
Gourdine               Govan                  Hamilton
Harrell                Harris                 Harrison
Harvin                 Hawkins                Hines, J.
Hines, M.              Hinson                 Inabinett
Jennings               Jordan                 Keegan
Kennedy                Kinon                  Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Lee                    Limehouse              Lloyd
Loftis                 Mack                   Maddox
Martin                 Mason                  McCraw
McGee                  McKay                  McLeod
McMahand               McMaster               Meacham
Miller                 Moody-Lawrence         Mullen
Neal                   Neilson                Phillips
Pinckney               Quinn                  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
Whipper                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 Wednesday, January 28.

Terry E. Haskins                  Mark S. Kelley
Leon Howard                       John G. Felder
Thomas N. Rhoad                   Lanny F. Littlejohn
Total Present--122

DOCTOR OF THE DAY

Announcement was made that Dr. Jim Mock of Florence is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. HAWKINS and the Spartanburg Delegation presented to the House the students, parents and officials from the S.C. School for the Deaf and Blind.

H. 3248--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. 3248

DATE             ADD:

1/28/98             Leon Howard

H. 4499--CO-SPONSORS ADDED

BILL NUMBER: H. 4499

DATE             ADD:

1/28/98             Douglas Jennings, Jr.

1/28/98             J. Michael Baxley

ORDERED TO THIRD READING

The following Bill was taken up, read the second time, and ordered to a third reading:

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.

S. 924--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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.

Rep. STUART proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21090SD.98), which was adopted.

Amend the bill, as and if amended, in item (5) of Section 6 of Act 526 of 1996, as contained in SECTION 1, by inserting at the end of the item: /Any school building which is the responsibility of the board of trustees of a consolidated school district must be maintained in conformity with all applicable building code standards and requirements to protect and ensure the health, safety, and welfare of students, faculty, administrators, and the general public./

Renumber sections to conform.

Amend totals and title to conform.

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

H. 4399--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of amendments, cloture having been ordered.

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. CAVE proposed the following Amendment No. 60 (Doc Name P:\AMEND\PT\1628MM.98), which was tabled.

Amend the bill, as and if amended, page 16, line 22, by inserting a new section:

/Section 59-8-1400.     If, at the effective date of this act, the litigation is pending wherein twenty-four school districts allege inequitable funding, those school districts are exempt from the provisions of this act until the claim is resolved with finality./

Renumber sections to conform.

Amend title to conform.

Rep. CAVE explained the amendment.

POINT OF ORDER

Rep. TOWNSEND raised a Point of Order that Amendment No. 60 was out of order in that it was not germane to the Bill.

Rep. CAVE argued contra.

SPEAKER WILKINS overruled the Point of Order.

Rep. JENNINGS spoke in favor of the amendment.

ACTING SPEAKER CATO IN CHAIR

Rep. JENNINGS continued speaking.

Rep. TOWNSEND spoke against the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 70; Nays 48

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bauer                  Beck
Boan                   Brown, H.              Campsen
Carnell                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Delleney               Easterday              Edge
Felder                 Gamble                 Hamilton
Harrell                Harrison               Haskins
Hawkins                Hinson                 Jordan
Keegan                 Kirsh                  Knotts
Koon                   Lanford                Law
Leach                  Limehouse              Littlejohn
Loftis                 Maddox                 Martin
McCraw                 McGee                  McKay
McMaster               Meacham                Mullen
Phillips               Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Simrill
Smith, D.              Smith, R.              Stille
Stoddard               Stuart                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Whatley                Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

Total--70

Those who voted in the negative are:

Askins                 Bailey                 Battle
Baxley                 Bowers                 Breeland
Brown, G.              Brown, J.              Brown, T.
Byrd                   Canty                  Cave
Clyburn                Cobb-Hunter            Cromer
Davenport              Fleming                Gourdine
Govan                  Harris                 Harvin
Hines, J.              Hines, M.              Howard
Inabinett              Jennings               Kennedy
Kinon                  Lee                    Lloyd
Mack                   McLeod                 McMahand
Miller                 Moody-Lawrence         Neal
Neilson                Pinckney               Rhoad
Scott                  Sheheen                Smith, F.
Smith, J.              Spearman               Webb
Whipper                Wilder                 Wilkes

Total--48

So, the amendment was tabled.

SPEAKER IN CHAIR

Reps. HARRELL, TOWNSEND, HASKINS, WALKER, STILLE, HINSON, J. HINES, BARRETT, STUART, BYRD, LEACH, R. SMITH, ALLISON and LITTLEJOHN proposed the following Amendment No. 61 (Doc Name P:\AMEND\JIC\5158SD.98), which was tabled.

Amend the bill, as and if amended, in Section 59-8-900 by striking / shall / on line 16 of page 12 and inserting / may /.

Amend title to conform.

Rep. HARRELL moved to table the amendment, which was agreed to.

Rep. LOFTIS proposed the following Amendment No. 62 (Doc Name P:\AMEND\JIC\5178CM.98), which was tabled.

Amend the bill, as and if amended, SECTION 1, page 4399-8, line 41, by inserting:

/to adopt a norm-reference test to be used in grades 2 through 12 and,/ After / directed /.

Renumber sections to conform.

Amend title to conform.

Rep. LOFTIS explained the amendment.

Rep. HARRELL spoke against the amendment and moved to table the amendment.

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

Yeas 72; Nays 37

Those who voted in the affirmative are:

Allison                Altman                 Bailey
Barfield               Barrett                Battle
Bauer                  Baxley                 Boan
Brown, H.              Brown, J.              Brown, T.
Byrd                   Carnell                Chellis
Clyburn                Cotty                  Cromer
Dantzler               Delleney               Edge
Felder                 Harrell                Harris
Harrison               Hawkins                Hines, J.
Hinson                 Jennings               Keegan
Kinon                  Kirsh                  Knotts
Koon                   Lanford                Law
Limehouse              Littlejohn             Maddox
Martin                 McCraw                 McGee
McKay                  McMahand               McMaster
Meacham                Miller                 Neilson
Phillips               Quinn                  Rhoad
Riser                  Rodgers                Sandifer
Sheheen                Simrill                Smith, D.
Smith, J.              Smith, R.              Spearman
Stille                 Stoddard               Townsend
Trotter                Walker                 Webb
Whatley                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum

Total--72

Those who voted in the negative are:

Beck                   Bowers                 Breeland
Brown, G.              Campsen                Canty
Cato                   Cobb-Hunter            Cooper
Davenport              Easterday              Gamble
Gourdine               Hamilton               Haskins
Hines, M.              Howard                 Inabinett
Jordan                 Kennedy                Leach
Lee                    Lloyd                  Loftis
Mack                   Mason                  McLeod
Moody-Lawrence         Neal                   Pinckney
Rice                   Robinson               Scott
Stuart                 Tripp                  Vaughn
Whipper

Total--37

So, the amendment was tabled.

Rep. DAVENPORT proposed the following Amendment No. 63 (Doc Name P:\AMEND\JIC\5179MM.98), which was tabled.

Amend the bill, as and if amended, SECTION 59-8-520(B), Article 5, Section 1, page 8, at line 23, add after the word /administered/

/provided that composite performance standards for students with disabilities must be established by the State Department of Disabilities and Special Needs, with input from at least six parents of disabled students, two each from the Upstate, the Midlands, and the Low Country/.

Renumber sections to conform.

Amend title to conform.

Rep. DAVENPORT explained the amendment.

Rep. TOWNSEND spoke against the amendment and moved to table the amendment.

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

Yeas 74; Nays 35

Those who voted in the affirmative are:

Allison                Bailey                 Barfield
Barrett                Bauer                  Beck
Boan                   Bowers                 Brown, J.
Campsen                Carnell                Cato
Chellis                Cooper                 Cotty
Dantzler               Delleney               Easterday
Edge                   Gamble                 Hamilton
Harrell                Harrison               Haskins
Hines, J.              Hinson                 Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Limehouse
Maddox                 Martin                 Mason
McCraw                 McGee                  McKay
McMahand               McMaster               Meacham
Mullen                 Phillips               Quinn
Rhoad                  Riser                  Robinson
Rodgers                Sandifer               Seithel
Sheheen                Simrill                Smith, D.
Smith, J.              Smith, R.              Spearman
Stille                 Stuart                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkins                Witherspoon
Woodrum                Young

Total--74

Those who voted in the negative are:

Askins                 Battle                 Baxley
Breeland               Brown, T.              Canty
Cave                   Clyburn                Cobb-Hunter
Davenport              Gourdine               Govan
Harris                 Harvin                 Hines, M.
Howard                 Inabinett              Jennings
Jordan                 Kennedy                Kinon
Lee                    Littlejohn             Lloyd
Loftis                 Mack                   McLeod
Miller                 Moody-Lawrence         Neal
Rice                   Scott                  Stoddard
Whipper                Wilkes

Total--35

So, the amendment was tabled.

Rep. HARRELL proposed the following Amendment No. 64 (Doc Name P:\AMEND\PT\1629SD.98), which was tabled.

Amend the bill, as and if amended, in Section 59-8-900 by striking /shall/ on line 16 of page 12 and inserting /may/.

Renumber sections to conform.

Amend title to conform.

Rep. HARRELL moved to table the amendment, which was agreed to.

Reps. KENNEDY, CAVE, TOWNSEND, HASKINS, WALKER, STILLE, HINSON, J. HINES, BARRETT, STUART, BYRD, LEACH, R. SMITH, ALLISON and LITTLEJOHN proposed the following Amendment No. 65 (Doc Name P:\AMEND\JIC\5181CM.98), which was tabled.

Amend the bill, as and if amended, Section 59-8-580, as contained in SECTION 1, Article 5, page 4399-11, by adding on line 7:

/For disruptive students who fail to meet the composite performance standard in this act, the State Board of Education shall develop regulations for the creation of state-funded alternative schools in each school district across the State within two years after the effective date of this act. These regulations shall be for the purpose of providing students who have been disruptive, suspended, or expelled the opportunity to continue their education and to encourage diverse approaches to educating these students. These schools shall focus on instructional methods in meeting academic standards, strict codes of student conduct, and strategies to gain strong parental input and support./

Renumber sections to conform.

Amend totals and title to conform.

Rep. KENNEDY explained the amendment.

POINT OF ORDER

Rep. WALKER raised a Point of Order that Amendment No. 65 was out of order in that it was not germane to the Bill.

Rep. KENNEDY argued contra.

Rep. J. SMITH argued contra.

SPEAKER WILKINS overruled the Point of Order.

Rep. KENNEDY continued speaking.

Rep. TOWNSEND spoke against the amendment and moved to table the amendment.

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

Yeas 65; Nays 52

Those who voted in the affirmative are:

Allison                Altman                 Bailey
Barfield               Barrett                Beck
Boan                   Brown, H.              Campsen
Cato                   Chellis                Cooper
Cotty                  Cromer                 Dantzler
Delleney               Easterday              Edge
Felder                 Hamilton               Harrell
Harrison               Haskins                Hawkins
Hinson                 Jordan                 Keegan
Kirsh                  Law                    Leach
Limehouse              Littlejohn             Loftis
Maddox                 Martin                 Mason
McCraw                 McGee                  McKay
McMaster               Meacham                Mullen
Phillips               Quinn                  Rhoad
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Simrill                Smith, D.              Smith, R.
Townsend               Tripp                  Vaughn
Walker                 Whatley                Wilder
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--65

Those who voted in the negative are:

Askins                 Battle                 Bauer
Baxley                 Bowers                 Breeland
Brown, G.              Brown, J.              Brown, T.
Byrd                   Canty                  Cave
Clyburn                Cobb-Hunter            Davenport
Gamble                 Gourdine               Govan
Harris                 Harvin                 Hines, J.
Hines, M.              Howard                 Inabinett
Jennings               Kennedy                Kinon
Knotts                 Koon                   Lanford
Lee                    Lloyd                  Mack
McLeod                 McMahand               Miller
Moody-Lawrence         Neal                   Neilson
Pinckney               Rice                   Scott
Sheheen                Smith, F.              Smith, J.
Spearman               Stille                 Stoddard
Stuart                 Webb                   Whipper
Wilkes

Total--52

So, the amendment was tabled.

Rep. KENNEDY proposed the following Amendment No. 66 (Doc Name P:\AMEND\JIC\5182CM.98), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___.     The 1976 Code is amended by adding:

"Section __________.     If a student is suspended twice in a school year for failure to meet the composite performance standard in this act or being disruptive, he may not be readmitted without a parent-principal conference. If the student is suspended subsequent to the conference, the parents will be required to successfully complete a parenting class."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. KENNEDY explained the amendment.

Rep. McLEOD spoke in favor of the amendment.

Rep. TOWNSEND moved to table the amendment.

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

Yeas 73; Nays 37

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Beck                   Boan                   Brown, H.
Campsen                Canty                  Carnell
Cato                   Chellis                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Felder                 Gamble
Gourdine               Harrell                Harrison
Haskins                Hawkins                Hinson
Howard                 Inabinett              Jordan
Keegan                 Kirsh                  Knotts
Koon                   Lanford                Law
Leach                  Limehouse              Littlejohn
Lloyd                  Loftis                 Maddox
Martin                 Mason                  McGee
McKay                  McMaster               Meacham
Moody-Lawrence         Mullen                 Neal
Riser                  Sandifer               Scott
Seithel                Sharpe                 Simrill
Smith, D.              Smith, R.              Stille
Stoddard               Townsend               Tripp
Trotter                Vaughn                 Walker
Whatley                Wilder                 Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

Total--73

Those who voted in the negative are:

Askins                 Battle                 Bauer
Baxley                 Bowers                 Breeland
Brown, G.              Brown, J.              Brown, T.
Byrd                   Cave                   Cromer
Fleming                Govan                  Hamilton
Harris                 Harvin                 Hines, M.
Jennings               Kennedy                Lee
Mack                   McCraw                 McLeod
McMahand               Miller                 Neilson
Phillips               Rice                   Robinson
Rodgers                Sheheen                Smith, J.
Spearman               Stuart                 Webb
Whipper

Total--37

So, the amendment was tabled.

Rep. MILLER proposed the following Amendment No. 67 (Doc Name P:\AMEND\JIC\5169SD.98), which was adopted.

Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:

/SECTION     ____.     The 1976 Code is amended by adding:

"Section 59-24-15.     School administrators may be employed on an annual or multi-year contract and shall retain their contract status as a teacher but shall not be granted contract or status as an administrator. Any such administrator who presently is under contract with contract or status as an administrator shall retain that status until the expiration of that contract. Any teacher covered in the provision is subject to employment dismissal provisions of Article No. 3, Chapter No. 19 and Article No. 5, Chapter 25."/

Renumber sections to conform.

Amend title to conform.

Rep. MILLER explained the amendment.

The amendment was then adopted.

Rep. EASTERDAY proposed the following Amendment No. 68 (Doc Name P:\AMEND\JIC\5180CM.98), which was adopted.

Amend the bill, as and if amended, Section 59-8-560, Article 5, Section 1, page 4399-9, line 21, by inserting:

/in at least five grades from grades 2 through 12/ after /students/.

Renumber sections to conform.

Amend title to conform.

Rep. EASTERDAY explained the amendment.

The amendment was then adopted.

Rep. DAVENPORT proposed the following Amendment No. 69 (Doc Name P:\AMEND\PT\1630MM.98), which was tabled.

Amend the bill, as and if amended, Article 5, SECTION 1, page 10, at line 8, by inserting a new section:

/Section 59-8-585.     Any year a school has an enrollment level of at least ten percent of students with disabilities as defined by the State Department of Disabilities and Special Needs, a caretaker team of an equal number of parents of children with disabilities from the district and educators for on-site review and targeted long-term technical assistance shall be appointed by the department to determine the extent to which the instructional program is aligned with the content standards and shall make recommendations which draw upon strategies from those who have been successful in raising academic achievement in schools with similar student characteristics. The caretaker team may also make recommendations concerning the continuation of employment of the school's administration, faculty, and staff. The parent members of the caretaker team must be appointed pursuant to recommendations of the District's School Improvement Council so that a cross-section of each district's disabled school population is represented on the team./

Renumber sections to conform.

Amend title to conform.

Rep. DAVENPORT explained the amendment.

Rep. TOWNSEND spoke against the amendment.

Rep. DAVENPORT spoke in favor of the amendment.

Rep. TOWNSEND moved to table the amendment.

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

Yeas 81; Nays 24

Those who voted in the affirmative are:

Allison                Bailey                 Barfield
Barrett                Battle                 Baxley
Boan                   Breeland               Brown, G.
Brown, H.              Brown, T.              Byrd
Campsen                Canty                  Carnell
Cave                   Chellis                Clyburn
Cobb-Hunter            Cotty                  Cromer
Dantzler               Delleney               Edge
Gamble                 Gourdine               Harrell
Harris                 Harrison               Hines, J.
Hines, M.              Hinson                 Jennings
Keegan                 Kelley                 Kirsh
Knotts                 Koon                   Leach
Littlejohn             Lloyd                  Mack
Maddox                 Martin                 McCraw
McGee                  McKay                  Meacham
Miller                 Moody-Lawrence         Mullen
Neal                   Neilson                Phillips
Rhoad                  Riser                  Robinson
Rodgers                Sandifer               Scott
Seithel                Sheheen                Simrill
Smith, D.              Smith, J.              Smith, R.
Spearman               Stille                 Stuart
Townsend               Trotter                Walker
Webb                   Whatley                Whipper
Wilkes                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--81

Those who voted in the negative are:

Askins                 Bauer                  Beck
Bowers                 Brown, J.              Cato
Cooper                 Davenport              Easterday
Felder                 Hamilton               Haskins
Hawkins                Jordan                 Lanford
Lee                    Loftis                 Mason
Rice                   Sharpe                 Smith, F.
Stoddard               Tripp                  Vaughn

Total--24

So, the amendment was tabled.

Reps. ROBINSON, COOPER and VAUGHN proposed the following Amendment No. 70 (Doc Name P:\AMEND\GJK\21071SD.98), which was rejected.

Amend the bill, as and if amended, by striking SECTION 3 and inserting:

/SECTION     3.     This act takes effect upon approval by the Governor and expires five years thereafter, unless reauthorized by the General Assembly by law./

Renumber sections to conform.

Amend totals and title to conform.

Rep. ROBINSON explained the amendment.

Rep. HARRELL moved to table the amendment, which was not agreed to by a division vote of 45 to 46.

Rep. HARRELL spoke against the amendment.

Rep. ROBINSON spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 53; Nays 64

Those who voted in the affirmative are:

Altman                 Battle                 Bowers
Breeland               Brown, G.              Brown, T.
Byrd                   Campsen                Canty
Cato                   Cave                   Cobb-Hunter
Cooper                 Cromer                 Davenport
Easterday              Felder                 Gourdine
Govan                  Hamilton               Harris
Harvin                 Hines, M.              Inabinett
Jennings               Jordan                 Kennedy
Lanford                Leach                  Lee
Lloyd                  Loftis                 Mack
McLeod                 Miller                 Moody-Lawrence
Neal                   Phillips               Pinckney
Robinson               Scott                  Seithel
Sheheen                Spearman               Stoddard
Stuart                 Tripp                  Trotter
Vaughn                 Whatley                Whipper
Wilder                 Wilkes

Total--53

Those who voted in the negative are:

Allison                Askins                 Bailey
Barfield               Barrett                Bauer
Beck                   Boan                   Brown, H.
Brown, J.              Carnell                Chellis
Clyburn                Cotty                  Dantzler
Delleney               Edge                   Fleming
Gamble                 Harrell                Harrison
Haskins                Hawkins                Hines, J.
Hinson                 Keegan                 Kelley
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Law
Limehouse              Littlejohn             Martin
Mason                  McCraw                 McGee
McKay                  McMaster               Meacham
Mullen                 Neilson                Quinn
Rhoad                  Rice                   Riser
Rodgers                Sandifer               Sharpe
Simrill                Smith, D.              Smith, J.
Smith, R.              Stille                 Townsend
Walker                 Webb                   Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

Total--64

So, the amendment was rejected.

Reps. ROBINSON, COOPER and VAUGHN proposed the following Amendment No. 71 (Doc Name P:\AMEND\JIC\5168CM.98), which was ruled out of order.

Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:

/SECTION ___.     The 1976 Code is amended by adding:

"Section 59-8-590.     Any standard developed by the department or commission under this article must be developed pursuant to the State's Administrative Procedures Act./

Renumber sections to conform.

Amend title to conform.

POINT OF ORDER

Rep. HARRELL raised a Point of Order that Amendment No. 71 was out of order in that it was identical to Amendment No. 56.

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

Reps. ROBINSON and VAUGHN proposed the following Amendment No. 72 (Doc Name P:\AMEND\GJK\21070SD.98), which was adopted.

Amend the bill, as and if amended, in Section 59-8-540 by striking /Senate Education Committee/ on line 1, page 9, and inserting /Senate/ and by striking /House of Representatives Education and Public Works Committee/ on line 2, page 9, and inserting /House of Representatives/;

Amend further, as and if amended, in Section 59-8-1330 by striking /Senate Education Committee/ beginning on line 18, page 16, and inserting /Senate/ and by striking /House of Representatives Education and Public Works Committee/ beginning on line 19, page 16, and inserting /House of Representatives /

Renumber sections to conform.

Amend totals and title to conform.

Rep. ROBINSON explained the amendment.

The amendment was then adopted.

Reps. ROBINSON, EASTERDAY, QUINN, TRIPP, KELLEY and VAUGHN proposed the following Amendment No. 73 (Doc Name P:\AMEND\PT\1622SD.98), which was tabled.

Amend the bill, as and if amended, by adding the following new section immediately after Section 59-8-1110 to read:

/Section 59-8-1120.     For those pupils who want to improve their educational opportunities and who attend a school which is at the "D" level or "F" level in its absolute grade, the following option must be available:

(1)     the department, working with the commission, shall develop a program in which the pupil may enroll in any school, public or private, in the State;

(2)     the department, working with the commission, shall accept for participation in this program any public or private school which notifies the department of its intent to participate;

(3)     any public or private school shall notify the department of its intent to participate in the program under this section by April thirtieth of the previous school year and shall specify the number of pupils for which the school has space to participate in the program;

(4)     the pupil or the pupil's parent or guardian shall submit an application, on a form to be approved by the department and commission, to the participating school which the pupil desires to attend. Within forty-five days after the receipt of the application, the school shall notify the applicant in writing whether the application has been accepted;

(5)     if a school rejects an applicant because it has too few spaces, the applicant may transfer his application to another participating school which has space available;

(6)     upon receipt from the pupil or the pupil's parent or guardian of proof of the pupil's enrollment in a participating school, the department shall pay to the parent or guardian, from the department's annual general appropriations, an amount equal to one and one-half times the base student cost for the school year relating to that student. The department shall pay fifty percent of the total amount in August and fifty percent of the total amount in January. The department shall send the funds by check to the parent or guardian who shall restrictively endorse the check for the use of the participating school; and

(7)     the commission, acting with the department, shall ensure that the state aid distributed to any participating school or school district which receives funds from the department's annual budget shall not be reduced due to any aid paid under this section./

Renumber sections to conform.

Amend title to conform.

Rep. ROBINSON explained the amendment.

Rep. EASTERDAY spoke against the amendment and moved to table the amendment, which was agreed to.

Rep. ROBINSON proposed the following Amendment No. 74 (Doc Name P:\AMEND\PT\1627MM.98), which was adopted.

Amend the bill, as and if amended, Section 59-8-700(B), Article 7, SECTION 1, page 10, at line 34, by inserting after the word /applicable/ the following:

/, and must contain other criteria including, but not limited to, information on promotion and retention ratios, disciplinary incidents, expulsions, dropout ratios, student and teacher ratios, and attendance data./

Renumber sections to conform.

Amend title to conform.

Rep. ROBINSON explained the amendment.

The amendment was then adopted.

Rep. ROBINSON proposed the following Amendment No. 75 (Doc Name P:\AMEND\JIC\5183SD.98), which was tabled.

Amend the bill, as and if amended, in Section 59-8-1330 by adding at the end the following:

/No state or public funds may be used to implement the provisions of this section./

Renumber sections to conform.

Amend totals and title to conform.

Rep. ROBINSON explained the amendment.

Rep. TOWNSEND moved to table the amendment, which was agreed to.

Rep. MILLER proposed the following Amendment No. 18 (Doc Name P:\AMEND\JIC\5169SD.98), which was tabled.

Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:

/SECTION     ____.     The 1976 Code is amended by adding:

"Section 59-24-15.     School administrators may be employed on an annual or multi-year contract and shall retain their contract or tenure status as a teacher but shall not be granted contract or tenure status as an administrator. Any such administrator who presently is under contract with contract or tenure status as an administrator shall retain that status until the expiration of that contract."/

Renumber sections to conform.

Amend title to conform.

Rep. MILLER moved to table the amendment, which was agreed to.

Reps. GOVAN and CAVE proposed the following Amendment No. 39 (Doc Name P:\AMEND\JIC\5165SD.98), which was tabled.

Amend the bill, as and if amended, in Section 59-8-1310 by inserting immediately before /. Principals/ on line 32 of page 15 the following:

/Principals and teachers who are selected must have demonstrated the ability of maximizing student achievement in under performing subgroups of students disaggregated into free and reduced lunch students./

Amend title to conform.

Rep. GOVAN explained the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 81; Nays 21

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Battle                 Bauer
Baxley                 Beck                   Boan
Brown, H.              Campsen                Cato
Chellis                Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Felder
Fleming                Gamble                 Harrell
Harris                 Harrison               Harvin
Haskins                Hines, J.              Hinson
Jordan                 Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Limehouse              Littlejohn             Loftis
Maddox                 Martin                 Mason
McCraw                 McGee                  McKay
McLeod                 McMaster               Meacham
Miller                 Mullen                 Neilson
Phillips               Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Sheheen                Simrill
Smith, D.              Smith, J.              Smith, R.
Spearman               Stille                 Stoddard
Stuart                 Townsend               Trotter
Vaughn                 Walker                 Webb
Whatley                Wilder                 Wilkes
Wilkins                Young                  Young-Brickell

Total--81

Those who voted in the negative are:

Breeland               Brown, J.              Brown, T.
Byrd                   Canty                  Cave
Clyburn                Cobb-Hunter            Gourdine
Govan                  Hines, M.              Inabinett
Kennedy                Lee                    Lloyd
Mack                   Moody-Lawrence         Neal
Pinckney               Scott                  Whipper

Total--21

So, the amendment was tabled.

Rep. NEAL proposed the following Amendment No. 43 (Doc Name P:\AMEND\GJK\21077HTC.98), which was tabled.

Amend the bill, as and if amended, in Section 59-8-580, as contained in SECTION 1, page 9, line 38, by striking /1999-2000/ and inserting /2002-2003/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. NEAL explained the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 76; Nays 28

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Battle                 Bauer
Baxley                 Beck                   Boan
Brown, H.              Campsen                Cato
Chellis                Cooper                 Cotty
Dantzler               Delleney               Felder
Fleming                Gamble                 Harrell
Harris                 Harrison               Hinson
Jordan                 Keegan                 Kelley
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Maddox
Martin                 Mason                  McCraw
McGee                  McKay                  McLeod
McMaster               Meacham                Miller
Mullen                 Neilson                Phillips
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Sheheen
Simrill                Smith, J.              Smith, R.
Spearman               Stille                 Stoddard
Stuart                 Townsend               Trotter
Vaughn                 Walker                 Webb
Wilkins                Witherspoon            Woodrum
Young

Total--76

Those who voted in the negative are:

Bowers                 Breeland               Brown, G.
Brown, J.              Brown, T.              Byrd
Canty                  Cave                   Cromer
Gourdine               Govan                  Hamilton
Harvin                 Hines, J.              Hines, M.
Howard                 Inabinett              Kennedy
Lee                    Lloyd                  Mack
Moody-Lawrence         Neal                   Pinckney
Scott                  Smith, F.              Whipper
Wilkes

Total--28

So, the amendment was tabled.

Rep. NEAL proposed the following Amendment No. 44 (Doc Name P:\AMEND\GJK\21078HTC.98), which was tabled.

Amend the bill, as and if amended, page 16, by adding a new SECTION appropriately numbered to read:

/SECTION     ____.     Effective beginning not later than school year 2000-2001, the General Assembly shall provide for a revised method of public school finance that uses available state, federal, and local funds to equalize K-12 public education spending on a statewide per pupil basis./

Renumber sections to conform.

Amend totals and title to conform.

Rep. NEAL explained the amendment.

Rep. TOWNSEND moved to table the amendment.

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

Yeas 71; Nays 24

Those who voted in the affirmative are:

Allison                Altman                 Bailey
Barfield               Barrett                Battle
Baxley                 Campsen                Cato
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Edge
Felder                 Fleming                Gamble
Hamilton               Harrell                Harris
Harrison               Hawkins                Hinson
Jordan                 Keegan                 Kinon
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Leach                  Limehouse              Littlejohn
Loftis                 Martin                 Mason
McCraw                 McGee                  McKay
McMaster               Meacham                Mullen
Neilson                Phillips               Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Sheheen                Simrill
Smith, R.              Spearman               Stille
Stuart                 Townsend               Vaughn
Walker                 Whatley                Wilkes
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--71

Those who voted in the negative are:

Bowers                 Breeland               Brown, J.
Brown, T.              Canty                  Cave
Clyburn                Cromer                 Gourdine
Govan                  Harvin                 Hines, M.
Inabinett              Kennedy                Lee
Lloyd                  Mack                   McLeod
Miller                 Moody-Lawrence         Neal
Pinckney               Scott                  Smith, J.

Total--24

So, the amendment was tabled.

Rep. BOAN proposed the following Amendment No. 49 (Doc Name P:\AMEND\PT\1623CM.98), which was tabled.

Amend the bill, as and if amended, SECTION 1, page 5, Section 59-8-330, by inserting after the /./ on line 37, /The executive director, at a minimum, must possess a Masters degree./

Renumber sections to conform.

Amend title to conform.

Rep. BOAN moved to table the amendment, which was agreed to.

Reps. FLEMING, BAUER, KNOTTS, TROTTER, KOON, QUINN, LAW and RISER proposed the following Amendment No. 58 (Doc Name P:\AMEND\JIC\5177SD.98), which was adopted.

Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered which shall read:

/SECTION ___.     Notwithstanding any provision of law, if a school district has adopted a policy permitting corporal punishment in certain situations, the school district and any employee thereof is immune from any civil or criminal liability as a result of a student of the district being administered corporal punishment in conformity with the district's policy, absent gross negligence or recklessness./

Renumber sections to conform.

Amend totals and title to conform.

Rep. BAUER explained the amendment.

The amendment was then adopted.

AMENDMENT NO. 34--RECONSIDERED

The motion of Rep. HARRELL to reconsider the vote whereby Amendment No. 34 was tabled was taken up and agreed to.

Reps. LOFTIS and HASKINS proposed the following Amendment No. 34 (Doc Name P:\AMEND\DKA\4745MM.98), which was adopted.

Amend the bill, as and if amended, Section 59-8-520(A), Article 5, SECTION 1, page 7, line 41, by deleting /a/ and inserting /an objective and reliable /; page 7, line 42, after /eight/ by inserting / objective and reliable/; and page 8, line 2, after /an/, by inserting / objective and reliable/.

Amend title to conform.

Rep. HARRELL explained the amendment.

The amendment was then adopted.

STATEMENT BY REP. TOWNSEND

Rep. TOWNSEND gave notice of offering technical amendments on third reading.

Reps. KIRSH and BYRD spoke in favor of the Bill.

Reps. SCOTT and GOVAN spoke against the Bill.

SPEAKER PRO TEMPORE IN CHAIR

Rep. GOVAN continued speaking.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. J. BROWN a temporary leave of absence.

Rep. MOODY-LAWRENCE spoke against the Bill.

SPEAKER IN CHAIR

Rep. MOODY-LAWRENCE continued speaking.

Rep. J. SMITH spoke in favor of the Bill.

Reps. G. BROWN, CAVE, CANTY, NEAL, KENNEDY, HOWARD and COBB-HUNTER spoke against the Bill.

Rep. CLYBURN spoke in favor of the Bill.

Rep. MOODY-LAWRENCE moved to recommit the Bill.

Rep. YOUNG-BRICKELL moved to table the motion.

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

Yeas 94; Nays 25

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Battle                 Bauer                  Baxley
Beck                   Boan                   Brown, H.
Brown, T.              Byrd                   Campsen
Carnell                Cato                   Chellis
Cooper                 Cotty                  Cromer
Dantzler               Delleney               Easterday
Edge                   Felder                 Fleming
Gamble                 Hamilton               Harrell
Harris                 Harrison               Haskins
Hawkins                Hines, J.              Hinson
Inabinett              Jennings               Jordan
Keegan                 Kelley                 Kinon
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Leach                  Limehouse              Littlejohn
Loftis                 Maddox                 Martin
Mason                  McCraw                 McGee
McKay                  McLeod                 McMaster
Meacham                Miller                 Mullen
Neilson                Phillips               Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Sheheen
Simrill                Smith, D.              Smith, J.
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

Total--94

Those who voted in the negative are:

Altman                 Askins                 Bowers
Breeland               Brown, G.              Brown, J.
Canty                  Cave                   Cobb-Hunter
Davenport              Gourdine               Govan
Harvin                 Hines, M.              Howard
Kennedy                Lee                    Lloyd
Mack                   Moody-Lawrence         Neal
Pinckney               Scott                  Smith, F.
Whipper

Total--25

So, the motion to recommit was tabled.

Rep. CLYBURN moved that the House do now adjourn.

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

Yeas 15; Nays 96

Those who voted in the affirmative are:

Askins                 Breeland               Brown, J.
Canty                  Cobb-Hunter            Hines, J.
Hines, M.              Howard                 Mack
McLeod                 Moody-Lawrence         Neal
Pinckney               Scott                  Smith, F.

Total--15

Those who voted in the negative are:

Allison                Altman                 Bailey
Barfield               Barrett                Battle
Bauer                  Baxley                 Beck
Boan                   Bowers                 Brown, G.
Brown, H.              Byrd                   Campsen
Cato                   Cave                   Chellis
Cooper                 Cotty                  Cromer
Dantzler               Davenport              Delleney
Easterday              Edge                   Felder
Gamble                 Gourdine               Govan
Hamilton               Harrell                Harris
Harrison               Harvin                 Haskins
Hawkins                Hinson                 Inabinett
Jennings               Jordan                 Keegan
Kelley                 Kinon                  Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Limehouse              Littlejohn             Loftis
Maddox                 Martin                 Mason
McCraw                 McGee                  McKay
McMaster               Meacham                Miller
Mullen                 Neilson                Phillips
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, J.              Smith, R.
Spearman               Stille                 Stoddard
Stuart                 Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Whatley                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--96

So, the House refused to adjourn.

Rep. HOWARD moved to continue the Bill.

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

Yeas 23; Nays 93

Those who voted in the affirmative are:

Bowers                 Breeland               Brown, J.
Brown, T.              Canty                  Cave
Cobb-Hunter            Davenport              Gourdine
Hines, M.              Howard                 Kennedy
Lee                    Lloyd                  Mack
McMahand               Moody-Lawrence         Neal
Pinckney               Scott                  Smith, F.
Tripp                  Whipper

Total--23

Those who voted in the negative are:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Battle                 Bauer                  Baxley
Beck                   Boan                   Brown, H.
Byrd                   Campsen                Carnell
Cato                   Chellis                Cooper
Cromer                 Dantzler               Delleney
Easterday              Edge                   Felder
Fleming                Gamble                 Hamilton
Harrell                Harris                 Harrison
Harvin                 Haskins                Hawkins
Hinson                 Jennings               Jordan
Keegan                 Kelley                 Kinon
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Leach                  Limehouse              Littlejohn
Loftis                 Maddox                 Martin
Mason                  McCraw                 McGee
McKay                  McLeod                 McMaster
Meacham                Miller                 Mullen
Neilson                Phillips               Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Sheheen
Simrill                Smith, D.              Smith, J.
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Townsend
Trotter                Vaughn                 Walker
Webb                   Whatley                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--93

So, the House refused to continue the Bill.

The question then recurred to the passage of the Bill on second reading, as amended.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 95; Nays 25

Those who voted in the affirmative are:

Allison                Bailey                 Barfield
Barrett                Battle                 Bauer
Baxley                 Beck                   Boan
Bowers                 Brown, H.              Brown, T.
Byrd                   Campsen                Carnell
Cato                   Chellis                Clyburn
Cooper                 Cotty                  Cromer
Dantzler               Delleney               Easterday
Edge                   Felder                 Fleming
Gamble                 Hamilton               Harrell
Harris                 Harrison               Harvin
Haskins                Hawkins                Hines, J.
Hinson                 Jennings               Jordan
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Limehouse              Littlejohn             Loftis
Maddox                 Martin                 Mason
McCraw                 McGee                  McKay
McLeod                 McMaster               Meacham
Miller                 Mullen                 Neilson
Phillips               Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, J.              Smith, R.
Spearman               Stille                 Stoddard
Stuart                 Townsend               Trotter
Vaughn                 Walker                 Webb
Whatley                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--95

Those who voted in the negative are:

Altman                 Askins                 Breeland
Brown, G.              Brown, J.              Canty
Cave                   Cobb-Hunter            Davenport
Gourdine               Govan                  Hines, M.
Howard                 Inabinett              Kennedy
Lee                    Lloyd                  Mack
McMahand               Moody-Lawrence         Neal
Pinckney               Scott                  Smith, F.
Tripp

Total--25

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

STATEMENT FOR THE JOURNAL

There are very few bills with which I totally agree. H. 4399 is a major piece of legislation about which I have many serious misgivings. Notwithstanding my reservations, I voted for H. 4399.

My concerns with H. 4399 revolve around what it does not do versus what it accomplishes. My concerns include the establishment of a new commission over which there is little, if any, oversight and the fact that this is not funded out of existing Department of Education funding. H. 4399 is long on testing and grading of our schools, but short on the steps we will take to help students who are in schools which grade poorly. We failed to state what help we will give these schools in order to help them improve their grade. If we are willing to grade our schools, then we must be prepared to devote the resources necessary to help schools which grade poorly and their students. We should be more concerned about improving the educational opportunities for all our young people regardless of which school they should attend.

Also, H. 4399 is silent on discipline which we need to restore in the classroom. It does not talk about parental and student accountability. Nonetheless, H. 4399 is a start and we must be willing to commit resources to follow-up on improving our schools.

Rep. ALFRED B. ROBINSON, JR.

RECORD FOR VOTING

I voted in error on the final vote and should have voted in opposition to H. 4399.

Rep. C. ALEX HARVIN III

STATEMENT FOR JOURNAL

Let the record show that I believe the funding for H. 4399 should come out of existing Department of Education budget.

Rep. WILLIAM K. BOWERS

RECURRENCE TO THE MORNING HOUR

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

INTRODUCTION OF BILLS

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

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.

Without reference.

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.

On motion of Rep. LOFTIS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4541 -- Reps. Walker, Tripp, Cooper, McKay, Sandifer, J. Brown, Simrill, McCraw, Townsend, Stuart, Lloyd, Wilder, Phillips, Stille, Byrd, Davenport, Littlejohn, Gamble, Loftis, Cave and Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-43-410 SO AS TO REQUIRE AN ORGAN DONATION TO BE DONATED TO THE ORGAN PROCUREMENT ORGANIZATION IF NO DONEE IS SPECIFICALLY DESIGNATED BY THE DONOR; BY ADDING SECTION 44-43-420 SO AS TO AUTHORIZE THE ORGAN PROCUREMENT ORGANIZATION TO ENTER INTO AGREEMENTS WITH OTHER STATES FOR THE SHARING OF ORGANS, TO REQUIRE DONATIONS TO REMAIN WITH SOUTH CAROLINA RECIPIENTS, AND TO PROVIDE AN EXCEPTION; TO AMEND SECTION 44-43-320, RELATING TO DEFINITIONS IN THE UNIFORM ANATOMICAL GIFT ACT, SO AS TO DEFINE THE ORGAN PROCUREMENT ORGANIZATION.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4542 -- Reps. Walker, Tripp, Jennings, Cooper, Sandifer, Wilder, Whipper, Loftis, J. Brown, T. Brown, McLeod, McCraw, Simrill, Townsend, Lloyd, Phillips, Stuart, Stille, Littlejohn, Byrd, Davenport, McKay, Leach, Lanford, Gamble and Cave: A BILL TO AMEND SECTION 44-43-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTATION OF ORGAN DONORS ON DRIVERS' LICENSES, SO AS TO DELETE THE MANNER IN WHICH THE NOTATION MUST BE MADE AND TO DELETE CERTAIN NOTICE PROVISIONS; TO AMEND SECTION 44-43-70, AS AMENDED, RELATING TO THE BONE MARROW DONOR PROGRAMS, SO AS TO CLARIFY THAT THE PROGRAM AT THE UNIVERSITY OF SOUTH CAROLINA IS IN THE SCHOOL OF MEDICINE; TO AMEND SECTION 44-43-140, AS AMENDED, RELATING TO THE DESIGNATION, REMOVAL, AND USE OF DONATED EYES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA LIONS EYE BANK, INC., MUST REQUEST REMOVAL OF THE EYES AND THAT THE EYES MUST BE REMOVED BY A PERSON TRAINED IN A COURSE CONDUCTED BY THE EYE BANK; TO AMEND SECTION 44-43-160 RELATING TO THE PROHIBITION AGAINST CHARGING THE DONEE FOR EYES TO BE USED FOR RESTORATION, SO AS TO ALSO PROHIBIT THE CHARGING OF A FEE; TO AMEND SECTION 44-43-330, AS AMENDED, RELATING TO PROCEDURES FOR ORGAN DONATIONS, SO AS TO CLARIFY CERTAIN CATEGORIES OF PERSONS WHO MAY CONSENT TO SUCH DONATIONS; TO AMEND SECTION 44-43-350 RELATING TO THE MANNER IN WHICH AN ANATOMICAL GIFT MAY BE MADE, SO AS TO CLARIFY THAT CONSENT OF A FAMILY MEMBER IS NOT REQUIRED IF THE DONOR EXECUTED A DONOR CARD OR OTHER DOCUMENTATION ATTESTING TO THE DESIRE TO MAKE SUCH A GIFT AND TO REQUIRE MEDICAL AND LAW ENFORCEMENT PERSONS TO MAKE REASONABLE EFFORTS TO HAVE SUCH DOCUMENTATION ACCOMPANY A PERSON TO THE HOSPITAL FOLLOWING AN ACCIDENT; TO AMEND SECTION 44-43-510 RELATING TO THE COMPOSITION OF THE BOARD FOR THE DISTRIBUTION AND DELIVERY OF DEAD HUMAN BODIES, SO AS TO INCLUDE THE UNIVERSITY OF SOUTH CAROLINA SCHOOL OF MEDICINE; TO AMEND ARTICLE 11, CHAPTER 43, TITLE 44 RELATING TO HOSPITAL POLICY AND PROTOCOL FOR ORGAN DONATION, SO AS TO CLARIFY AND REVISE THESE POLICIES AND PROTOCOLS AND TO CREATE THE COMMISSION ON ORGAN, TISSUE, AND EYE DONATION FOR THE PURPOSE OF ENSURING COMPLIANCE WITH FEDERAL AND STATE LAW PERTAINING TO HOSPITAL NOTIFICATION OF ORGAN DONATION AGENCIES; TO AMEND SECTION 44-43-1320 RELATING TO THE GIFT OF LIFE TRUST FUND BOARD, SO AS TO CLARIFY THE MEMBER AGENCIES ON THE BOARD; AND TO REPEAL SECTIONS 44-43-120, 44-43-130, 44-43-150, AND 44-43-390, ALL RELATING TO PROCEDURES FOR EYE DONATIONS.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4543 -- Rep. Gamble: A BILL TO AMEND SECTION 34-13-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM AMOUNTS OF BANK LOANS, SO AS TO CONFORM THE AMOUNTS TO FEDERAL LAW BY SETTING THE MAXIMUMS AS PERCENTAGES OF THE BANK'S UNIMPAIRED CAPITAL AND BY DEFINING "UNIMPAIRED CAPITAL".

Referred to Committee on Labor, Commerce and Industry.

H. 4544 -- Rep. D. Smith: A BILL TO AMEND SECTIONS 56-1-465 AND 56-1-810, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTICE REQUIRED TO BE SERVED UPON A PERSON WHOSE DRIVER'S LICENSE HAS BEEN SUSPENDED, SO AS TO REVISE THE METHOD OF NOTICE REQUIRED.

Referred to Committee on Education and Public Works.

H. 4545 -- Reps. Knotts, Tripp, Neilson, Cobb-Hunter, J. Smith, J. Hines, Bauer, Breeland, Littlejohn, Lee, Mack, Bailey, Inabinett, Dantzler, Stuart, Kennedy, Davenport and Cave: A JOINT RESOLUTION TO PROVIDE A NONBINDING REFERENDUM AT THE TIME OF THE 1998 GENERAL ELECTION TO ASCERTAIN THE WISHES OF THE QUALIFIED ELECTORS OF THIS STATE AS TO WHETHER VIDEO POKER PAYOUTS SHOULD BE ALLOWED TO CONTINUE SUBJECT TO STRICT REGULATIONS AND HEAVY TAXATION.

Referred to Committee on Ways and Means.

H. 4546 -- Reps. Knotts, Sharpe and Kirsh: A BILL TO AMEND TITLE 52, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ATHLETIC COMMISSION AND THE LICENSURE AND REGULATION OF COMBATIVE SPORTS SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR BOARDS AND COMMISSIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO REESTABLISH THE COUNTY ATHLETIC COMMISSION BOARDS AS DISTRICT BOARDS COMMENSURATE WITH THE JUDICIAL CIRCUITS IN THE STATE AND TO HAVE THE APPOINTMENTS MADE BY THE RESPECTIVE LEGISLATIVE DELEGATIONS RATHER THAN THE COUNTY GOVERNING BODIES.

Referred to Committee on Labor, Commerce and Industry.

H. 4547 -- Rep. Felder: A BILL TO AMEND SECTION 61-2-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS ENTITLED TO BE LICENSEES OR PERMITTEES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT AND THE SALE OF BEER AND WINE, SO AS TO AUTHORIZE SUCH LICENSES AND PERMITS TO BE ISSUED TO A QUALIFYING PERSON WHO IS THE TRUE OWNER OF THE BUSINESS SEEKING THE PERMIT OR LICENSE, TO REQUIRE BUSINESSES LICENSED OR PERMITTED TO DESIGNATE AN AGENT AND MAILING ADDRESS FOR SERVICE OF NOTICES AND PROVIDE FOR SERVICE AND PROHIBIT ANY ONE PERSON FROM ACTING AS AN AGENT FOR MORE THAN ONE BUSINESS ENTITY UNLESS THE PERSON HAS AN OWNERSHIP INTEREST IN THE BUSINESS ENTITIES, TO PROHIBIT THE ISSUE OF A LICENSE OR PERMIT TO ANY PERSON UNLESS THE PERSON AND ALL PRINCIPALS ARE OF GOOD MORAL CHARACTER AND DEFINE "GOOD MORAL CHARACTER", TO PROHIBIT THE ISSUE OF A LICENSE OR PERMIT TO AN INDIVIDUAL UNDER TWENTY-ONE YEARS OF AGE OR A BUSINESS WITH AN INDIVIDUAL PRINCIPAL UNDER TWENTY-ONE YEARS OF AGE, TO REQUIRE THE DEPARTMENT OF REVENUE PROMPTLY TO INITIATE REVOCATION OF ANY PERMIT OR LICENSE ISSUED TO A PERSON NOT THE TRUE OWNER, OR WHEN THE LICENSED PERSON OR A PRINCIPAL HAS BEEN CONVICTED OF A FELONY OR CERTAIN MISDEMEANORS, OR WHEN THE LICENSED INDIVIDUAL OR AN INDIVIDUAL PRINCIPAL IS UNDER TWENTY-ONE YEARS OF AGE, TO APPLY THE REQUIREMENT THAT AN APPLICANT BE CURRENT WITH STATE AND FEDERAL TAXES TO ALL PRINCIPALS, AND TO DEFINE "PERSON" AND "PRINCIPAL".

Referred to Committee on Judiciary.

H. 4548 -- Reps. Haskins, Campsen, Simrill, Fleming, Bailey, Hinson, Barrett, Mason, Young-Brickell, Canty, Koon, Bowers, Kinon, Knotts, Neilson, Easterday, Chellis, Allison, McGee, Clyburn, Sandifer, Tripp, Robinson, Law, Quinn, Davenport, Stille, Rice, Leach, Rodgers, Hamilton, Keegan, Govan, McCraw, Walker, McLeod, Phillips, Hawkins, Riser, Gamble, Young, Kirsh, Harvin and Woodrum: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-31-85 SO AS TO PROVIDE FOR THE APPLICABLE CONTRIBUTION RATES WITH RESPECT TO THE COMPUTATION OF THE STATEWIDE RESERVE RATIO FOR EMPLOYER CONTRIBUTIONS TO THE STATE UNEMPLOYMENT COMPENSATION FUND FOR THE PERIOD JANUARY 1, 1998 THROUGH DECEMBER 31, 1998 AND FOR EACH SUCH ANNUAL PERIOD THEREAFTER.

Referred to Committee on Ways and Means.

H. 4549 -- Reps. Allison, Hamilton, Altman, G. Brown, Inabinett, Rice, Mason, Stoddard, Beck, Sandifer, McKay, Battle, R. Smith, Walker, Canty, Keegan, Lloyd, Phillips, Rhoad, Riser, Breeland, McCraw, M. Hines, Neal, F. Smith, Mack, Wilkes, Byrd, Moody-Lawrence, Bauer, Barrett, Carnell, Jennings, D. Smith, Simrill, Vaughn, Young, Robinson, McGee, Rodgers, Littlejohn, Bowers, Jordan, Cave, Stille, Baxley, Gamble and Govan: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF MENTAL HEALTH TO DEVELOP AND SUBMIT TO THE GENERAL ASSEMBLY A PROPOSAL FOR THE CONSTRUCTION AND OPERATION OF A NURSING HOME FACILITY FOR STATE VETERANS.

Referred to Committee on Ways and Means.

CONCURRENT RESOLUTION

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

H. 4536 -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 11, 1998.

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

That the Chief Justice of the South Carolina Supreme Court, the Honorable Ernest A. Finney, Jr., is invited to address the General Assembly in Joint Session on the State of the Judiciary in the Hall of the House of Representatives at 12:00 noon on Wednesday, February 11, 1998.

Be it further resolved that a copy of this resolution be forwarded to Chief Justice Finney.

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

CONCURRENT RESOLUTION

The following was introduced:

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.

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

HOUSE RESOLUTION

The following was introduced:

H. 4538 -- Reps. Townsend, Littlejohn, Byrd, Stoddard, Barrett, J. Hines, Hinson, Leach, Loftis, Martin, McMahand, Moody-Lawrence, Neal, Rodgers, Stille, Stuart, Walker and Woodrum: A HOUSE RESOLUTION COMMENDING AND THANKING RICHARD P. "RICK" FULMER FOR HIS OUTSTANDING SERVICE AS STAFF COUNSEL TO THE EDUCATION AND PUBLIC WORKS COMMITTEE, FOR HIS DEDICATION, AND FOR HIS LOYALTY TO THE HOUSE OF REPRESENTATIVES.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

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.

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

Rep. FELDER moved that the House do now adjourn.

POINT OF ORDER

Rep. MOODY-LAWRENCE raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.

HOUSE STANDS AT EASE

The House stood at ease.

THE HOUSE RESUMES

At 5:34 P.M. the House resumed, the SPEAKER in the Chair.

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

ADJOURNMENT

At 5:35 P.M. the House in accordance with the motion of Rep. McMAHAND adjourned in memory of Mrs. Annie M. Anderson, mother of Senator Ralph Anderson, to meet at 10:00 A.M. tomorrow.

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