Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
God, our Heavenly Father, we bow in Your presence with a sense of our oneness before our God. Endue with Your wisdom our fallible minds. Give us the stature to match the opportunities of the days in which our lots are cast. Distill upon our restless spirits the dews of quietness and tranquility, that in simple trust and deeper reverence we may be found steadfast, always abounding in the work of the Lord, knowing that in Him and for Him our labors are not in vain. Feed our minds with Your truths, guide our feet in the way of uprightness.
Give us the peace that passes all understanding. 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 Friday, the SPEAKER ordered it confirmed.
Rep. PHILLIPS moved that when the House adjourns, it adjourn in memory of J. Arthur Bridges of Cherokee County, which was agreed to.
The following were received and referred to the appropriate committees for consideration.
Document No. 2277
Promulgated By Department of Labor, Licensing and Regulation - Manfactured Housing Board
Statutory Authority: 1976 Code Section 4-29-50
Manufactured Housing
Received By Speaker January 29, 1998
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date May 29, 1998
Document No. 2272
Promulgated By Department of Labor, Licensing and Regulation - Board of Medical Examiners
Statutory Authority: 1976 Code Section 40-47-20
Initial Complaint; Formal Complaint; Duty of the Panel; Review by the Board; Duty of Board after Review; Appeal of Decision; Proceedings Private Until Filed; Administrator is Agent for Service of Notices on Non-resident Physicians; Investigations and Injunctions; Docket of Complaints; Confidentiality of Disciplinary Proceedings; Final Orders of the Board; Content of Petition for Reinstatement; Board's Report to be Filed; Procedure Thereupon; Investigation at Instance of Board or Commission Members; Procedure Thereunder
Received By Speaker January 29, 1998
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date May 29, 1998
Document No. 2274
Promulgated By Department of Labor, Licensing and Regulation - State Board of Registration for Professional Engineers and Land Surveyors
Statutory Authority: 1976 Code Section 40-22-130
Re-Examination
Received By Speaker January 29, 1998
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date May 29, 1998
Document No. 2273
Promulgated By Department of Labor, Licensing and Regulation - State Athletic Commission
Statutory Authority: 1976 Code Section 52-7-30
Boxing
Received By Speaker February 3, 1998
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date June 3, 1998
Document No. 2270
Promulgated By Department of Labor, Licensing and Regulation - Board of Examiners in Speech-Language Pathology and Audiology
Statutory Authority: 1976 Code Section 40-67-10
General Licensing Provisions; Pathology Assistants; Supervised Professional Employment; Audiology License - Hearing Aid Dispensing; Continuing Education; Code of Ethics
Received By Speaker February 3, 1998
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date June 3, 1998
Document No. 2282
Promulgated By Department of Labor, Licensing and Regulation - Building Codes Council
Statutory Authority: 1976 Code Section 6-8-20
Definitions; Registration Required; Classifications Requiring Registration; Maximum Time for Registration; Application Required; Qualifications for Certification; Exemptions; Registration Renewal; Fees; Continuing Education; Powers of Council; Conflict of Interest; Denial, Suspension and Revocation; Preferring of Charges and Hearing; Appeal from Action of Council; Registration Reinstatement and Replacement; Penalties; Injunction
Received By Speaker February 3, 1998
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date June 3, 1998
The following was introduced:
H. 4555 -- Reps. Klauber and Carnell: A CONCURRENT RESOLUTION RECOGNIZING AND SALUTING PARK SEED COMPANY OF GREENWOOD FOR ITS "SEEDS IN SPACE II" PROGRAM AND COMMENDING THE COMPANY FOR ITS MANY ACCOMPLISHMENTS OVER THE YEARS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4556 -- Reps. Wilkins, Harrison, 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, 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, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE PEDEN B. MCLEOD OF COLLETON COUNTY FOR HIS OUTSTANDING LEADERSHIP AS CODE COMMISSIONER AND DIRECTOR OF THE LEGISLATIVE COUNCIL, EXPRESSING DEEPEST APPRECIATION TO HIM FOR HIS MANY YEARS OF DEDICATED AND EXCELLENT PUBLIC SERVICE, AND EXTENDING BEST WISHES TO HIM UPON HIS RETIREMENT; AND DESIGNATING HIM "SOUTH CAROLINA CODE COMMISSIONER EMERITUS".
Whereas, the Honorable Peden B. McLeod has served as Code Commissioner and Director of the Legislative Council since October of 1990 and will retire from that position and from state governmental service on February 16, 1998; and
Whereas, Commissioner McLeod's service to the members of the General Assembly as Code Commissioner and Director of the Legislative Council has been outstanding and is greatly appreciated; he always stood ready to assist the General Assembly in its work in innumerable ways, and indeed, the work of the Senate and the House of Representatives was successful in great measure because of his efforts and contributions; and
Whereas, he graduated from Wofford College in 1962 and from the University of South Carolina School of Law in 1967; he has for more than thirty years been a leading member of the South Carolina Bar; he has served as Chairman of the Board of Directors of the Bank of Walterboro; he is a permanent member of the United States Fourth Judicial Circuit Conference; he was a member of the House of Delegates for the South Carolina Bar from 1975 to 1983; and he served as a member of the Walterboro City Council from 1970 to 1972; and
Whereas, he was Commander of Post 93 of the American Legion from 1971 to 1972 and District Chairman of the Boy Scouts of America from 1967 to 1971; he was a member of the South Carolina Law Review and the Society of the Wig and Robe during his law school years; and he received the Jaycees Distinguished Service Award in 1972; and
Whereas, Commissioner McLeod also had a distinguished career in the General Assembly; he was elected to the House of Representatives in 1972 from Colleton County and served as Assistant Majority Leader from 1977 to 1979; he was Chairman of the Joint Appropriations Review Committee from 1978 to 1979; he was elected to the Senate in 1979, became Chairman of the Senate Medical Affairs Committee, and remained in the Senate until October 1, 1990, when he became Code Commissioner and Director of the Legislative Council; in the latter capacity, he was a Commissioner of the National Conference of Commissioners on Uniform State Laws, Secretary of the Judicial Council of the State of South Carolina, and Commissioner of the Constitutional Ballot Commission; and
Whereas, his long career of public service is known for excellence, self-sacrifice, dedication, vision, and hard work; he has always sought to do what is right and best for South Carolina; and his efforts will forever be remembered and appreciated. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, highly commends the Honorable Peden B. McLeod of Colleton County for his outstanding leadership as Code Commissioner and Director of the Legislative Council, expresses deepest gratitude to him for his many years of dedicated and excellent public service, and extends best wishes to him upon his retirement.
Be it further resolved that the General Assembly designates the Honorable Peden B. McLeod "South Carolina Code Commissioner Emeritus" in recognition of his outstanding career of service to his community, State, and nation.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Peden B. McLeod.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4557 -- Rep. Davenport: A BILL TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED ACTS AND PENALTIES IN CONNECTION WITH POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, SO AS TO REMOVE COCAINE FROM THE PENALTY AND PRIMA FACIE EVIDENCE PROVISIONS OF SECTION 44-53-370 AS THEY RELATE TO THE OFFENSES OF UNLAWFUL POSSESSION OF COCAINE, AND POSSESSION OF COCAINE WITH INTENT TO DISTRIBUTE; AND TO AMEND SECTION 44-53-375, AS AMENDED, RELATING TO PROHIBITED ACTS AND PENALTIES IN CONNECTION WITH POSSESSION, DISTRIBUTION, AND MANUFACTURE OF ICE, CRANK, AND CRACK COCAINE, SO AS TO EQUALIZE THE PENALTIES FOR UNLAWFUL POSSESSION OF COCAINE AND CRACK COCAINE AND THE PENALTIES FOR POSSESSION OF COCAINE AND CRACK COCAINE WITH INTENT TO DISTRIBUTE BY INCLUDING COCAINE IN THE PENALTY AND PRIMA FACIE EVIDENCE PROVISIONS OF SECTION 44-53-375.
Referred to Committee on Judiciary.
H. 4558 -- Reps. Haskins, Altman, Barfield, Campsen, Davenport, Delleney, Hamilton, Leach, Loftis, Riser, Robinson, Sandifer, Sharpe, Simrill, R. Smith, Hinson, Jordan, Koon, Littlejohn, Cooper and Easterday: A BILL TO AMEND TITLE 1, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING ARTICLE 5, SO AS TO ENACT THE RIGHT TO LIFE ACT OF SOUTH CAROLINA WHICH ESTABLISHES THAT THE RIGHT TO DUE PROCESS VESTS AT FERTILIZATION.
Referred to Committee on Judiciary.
S. 388 -- Senator Mescher: A BILL TO AMEND ARTICLE 1, CHAPTER 13, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-237 SO AS TO ESTABLISH LIMITS ON BLACK BASS TAKEN FROM LAKES MARION AND MOULTRIE AND IN CERTAIN PORTIONS OF THE SANTEE RIVER; AND BY AMENDING SECTION 50-13-210 OF THE 1976 CODE, RELATING TO DAILY CREEL LIMITS ON FISH, SO AS TO CONFORM IT WITH LIMITS ON BLACK BASS FROM LAKES MARION AND MOULTRIE AND IN CERTAIN PORTIONS OF THE SANTEE RIVER.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 835 -- Senators Peeler and Reese: A BILL TO REPEAL SECTION 50-1-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR REPORTING OF HUNTING ACCIDENTS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Bailey Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, J. Campsen Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cromer Dantzler Davenport Delleney Easterday Fleming Gamble Gourdine Govan Hamilton Harris Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Martin Mason McAbee McGee McKay McLeod McMahand Meacham Miller Moody-Lawrence Neal Phillips Pinckney Quinn Rhoad Riser Robinson Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, R. Stille Stoddard Stuart Townsend Trotter Vaughn Walker Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, February 3.
Daniel L. Tripp J. Cordell Maddox, Jr. Harry R. Askins Robert W. Harrell, Jr. Tracy Edge Henry E. Brown, Jr. James Emerson Smith, Jr. Denny W. Neilson Alma W. Byrd James N. Law Fletcher Nathaniel Smith, Jr. Jackson S. Whipper E. DeWitt McCraw Liston D. Barfield Rex Fontaine Rice Lynn Seithel Bill Cotty Joe McMaster Byron K . Webb Douglas Jennings, Jr. Theodore A. Brown John G. Felder
LEAVES OF ABSENCE
The SPEAKER granted Rep. WEBB a temporary leave of absence.
The SPEAKER granted Rep. CANTY a leave of absence for the day.
The SPEAKER granted Rep. MULLEN a leave of absence for the day.
The SPEAKER granted Rep. SPEARMAN a leave of absence for the day.
The SPEAKER granted Reps. F. SMITH and McCRAW a temporary leave of absence.
Announcement was made that Drs. Roger Gaddy of Winnsboro and Duren Johnson of Lancaster are the Doctors of the Day for the General Assembly.
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. 4412
DATE ADD:
2/3/98 J.M. Knotts, Jr.
BILL NUMBER: H. 4498
DATE ADD:
2/3/98 J.M. Knotts, Jr.
The following was received from the Senate.
Columbia, S.C., January 29, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3605:
H. 3605 -- Reps. Sharpe and Harrison: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDIA OF PAYMENT OF TAXES COLLECTED BY COUNTY TREASURERS, SO AS TO PROVIDE FOR THE COLLECTION OF CHECKS TENDERED IN PAYMENT OF COUNTY AND MUNICIPAL TAXES THAT ARE DISHONORED BY THE DRAWEE BANK OR FINANCIAL INSTITUTION OR OTHERWISE RETURNED TO THE TREASURER UNPAID, TO PROVIDE THAT PAYMENT OF CHECKS TENDERED AS PAYMENT FOR COUNTY OR MUNICIPAL TAXES THAT ARE DISHONORED OR RETURNED UNPAID BY THE DRAWEE BANK OR FINANCIAL INSTITUTION MAY BE ENFORCED IN THE MANNER PRESCRIBED BY CHAPTER 11, TITLE 34, SO LONG AS NO PERSON SHALL BE TWICE PUT IN JEOPARDY FOR THE SAME OFFENSE, TO PROVIDE THAT COUNTY OR MUNICIPAL TAXES REMAINING UNPAID AS A RESULT OF THE DISHONOR OR RETURN OF A CHECK BY THE DRAWEE BANK REMAIN A LIEN ON PROPERTY SUBJECT TO THE TAX UNTIL THE TAXES AND ALL PENALTIES, INTEREST AND OTHER CHARGES DUE THEREON ARE PAID IN FULL, AND TO PROVIDE THAT THE REMEDIES PROVIDED BY THIS SECTION ARE CUMULATIVE TO ALL OTHER REMEDIES PROVIDED BY LAW FOR THE COLLECTION OF TAXES.
and asks for a Committee of Conference and has appointed Senators Passailaigue, Setzler and Hayes of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. McKAY, KEEGAN and HARRISON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
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.
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.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.
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.
The following Bill was taken up.
H. 3617 -- Reps. Mason, Felder, Knotts, Easterday, R. Smith, Bailey, Sandifer, Seithel, Stoddard, Vaughn, Haskins, McMahand, F. Smith, Cato, Walker, Kelley, Phillips, Littlejohn, Beck, Hawkins, Sharpe, Young-Brickell, Hamilton, Koon, Lanford, Lloyd, Cave, Barfield, Young, Miller, Kirsh, Martin, Riser, McLeod, McCraw and Jordan: 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.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15345AC.98), which was adopted.
Amend the bill, as and if amended, page 1, by deleting Section 16-17-745(E) and inserting:
/(E) No state funds may be expended to clone a human being./
Renumber sections to conform.
Amend title to conform.
Rep. WILDER explained the amendment.
The amendment was then adopted.
Rep. LIMEHOUSE proposed the following Amendment No. 3 (Doc Name P:\AMEND\GJK\21103AC.98), which was adopted.
Amend the bill, as and if amended, in Section 16-17-745 by adding at the end:
/(F) A license to practice a profession or occupation issued by a board, agency, or department of this State must be suspended immediately if the licensee violates subsection (A) while engaging in that profession or occupation./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LIMEHOUSE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
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.
Rep. CAVE explained the Bill.
H. 4412 -- Reps. Kelley, Sandifer, Woodrum, Barfield, Robinson, Edge, Keegan, Cotty, Witherspoon, Riser, Barrett and Knotts: 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.
Rep. HARRISON explained the Bill.
The following Joint Resolution was taken up.
H. 4303 -- Reps. Inabinett, Govan, Jordan, Maddox, Cromer, Kennedy, Whipper, Campsen, Tripp, Jennings, J. Hines, Breeland, Cobb-Hunter, Robinson, Pinckney, Neal, Miller, Cotty, Baxley and Parks: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 33 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MARRIAGES OF WHITES AND NEGROES AND THE AGE OF CONSENT FOR AN UNMARRIED WOMAN, SO AS TO DELETE THE PROVISION MAKING MARRIAGE OF WHITES AND NEGROES UNLAWFUL.
Reps. HARRISON, YOUNG, WOODRUM, SCOTT, McGEE, BARRETT, JORDAN, HOWARD, McMAHAND and LEE requested debate on the Joint Resolution.
Rep. HARRISON moved to adjourn debate upon the following Bill, which was adopted.
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.
The following Bill was taken up.
H. 4535 -- Ways and Means Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 149 SO AS TO ESTABLISH LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS UNDER WHICH THE STATE OF SOUTH CAROLINA SHALL PROVIDE SCHOLARSHIPS TO COVER THE COST OF ATTENDANCE UP TO SPECIFIED LIMITS TO ELIGIBLE RESIDENT STUDENTS ATTENDING ACCREDITED PUBLIC OR INDEPENDENT TWO-YEAR AND FOUR-YEAR INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND TECHNICAL COLLEGES.
Reps. BOAN, ALLISON, KENNEDY, YOUNG-BRICKELL, SANDIFER, TROTTER, CHELLIS, BAILEY, MASON, ALTMAN, BARRETT, HINSON, CAVE, PINCKNEY and R. SMITH requested debate on the Bill.
The following Joint Resolution was taken up.
S. 928 -- Senators Lander, Waldrep, McConnell and Courtney: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A BILL OF RIGHTS FOR CRIME VICTIMS, SO AS TO PROVIDE THAT REQUIREMENTS THAT VICTIMS OF CRIMES BE NOTIFIED AND INFORMED OF THEIR RIGHTS AND PRIVILEGES CONFERRED UPON THEM UNDER THIS SECTION DO NOT APPLY TO CRIMES THE GENERAL ASSEMBLY BY LAW EXCLUDES FROM THESE REQUIREMENTS, AND TO PERMIT THE GENERAL ASSEMBLY BY LAW TO FURTHER DEFINE THE TERM "VICTIM" FOR PURPOSES OF THIS SECTION TO STIPULATE THE SPECIFIC INDIVIDUALS TO WHOM THIS SECTION APPLIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 24, Article I of the Constitution of this State is amended by adding a new subsection (D) to read:
"(D) For purposes of this section, victims of any misdemeanor or felony under the laws of this State or at common law must be notified of or provided with the information required by this section unless the General Assembly by law excludes particular misdemeanors or felonies from these notification provisions. The terms 'crime', 'criminal conduct', 'charge', or any variations thereof in another context as used herein shall mean all misdemeanors and felonies under the laws of this State or at common law except those crimes the General Assembly specifically excludes from the notification provisions of this section. The General Assembly is also authorized by law to further define the term 'victim' for purposes of this section to stipulate the specific individuals to whom this section applies."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 24, Article I of the Constitution of this State relating to a bill of rights for crime victims be amended so as to provide that requirements that victims of crimes be notified and informed of their rights and privileges conferred upon them under this section do not apply to crimes the General Assembly by law excludes from these requirements, and to permit the General Assembly by law to further define the term 'victim' for purposes of this section to stipulate the specific individuals to whom the section applies?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Rep. YOUNG explained the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, H. Brown, J. Byrd Campsen Carnell Cato Cave Chellis Clyburn Cooper Cromer Dantzler Davenport Delleney Easterday Edge Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McAbee McGee McKay McLeod Meacham Miller Moody-Lawrence Neal Neilson Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
So, the Joint Resolution having received the necessary two-thirds vote, was passed and ordered to third reading.
The motion period was dispensed with on motion of Rep. HARRISON.
Rep. HARRISON moved to adjourn debate upon the following Bill, which was adopted.
H. 4115 -- Reps. Limbaugh, Harrison, Wilkins, D. Smith and Knotts: A BILL TO AMEND CHAPTER 13, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-5 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.
The following Bill was taken up.
H. 3968 -- Reps. Simrill, Kirsh, Meacham and Moody-Lawrence: A BILL TO ALLOW THE YORK COUNTY LEGISLATIVE DELEGATION THE AUTHORITY TO OVERRIDE A DECISION OF THE DEPARTMENT OF TRANSPORTATION CONCERNING THE PLACEMENT OF ELECTRICAL TRAFFIC-CONTROL DEVICES.
Rep. SIMRILL moved to commit the Bill to the Committee on Judiciary, which was agreed to.
Rep. HASKINS moved to adjourn debate upon the following Bill until Tuesday, February 10, which was adopted.
H. 3784 -- Reps. Haskins, Jordan, Neal, H. Brown, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Bowers, G. Brown, Byrd, Cato, Cave, Clyburn, Cobb-Hunter, Cooper, Davenport, Edge, Fleming, Hamilton, J. Hines, M. Hines, Hodges, Howard, Jennings, Kelley, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Maddox, McCraw, McKay, Meacham, Miller, Parks, Phillips, Pinckney, Quinn, Rice, Riser, Robinson, Sandifer, Scott, Sharpe, Simrill, F. Smith, R. Smith, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Whipper, Woodrum, Young and Govan: A BILL TO AMEND CHAPTER 45, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF PHYSICAL THERAPISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICAL THERAPISTS INCLUDING, BUT NOT LIMITED TO, DELETING THE REQUIREMENT FOR TREATMENT BY PRESCRIPTION OF A PHYSICIAN OR DENTIST, CLARIFYING THE SCOPE OF PRACTICE, PROHIBITING, RECEIVING, OR IN ANY WAY PARTICIPATING IN REFUNDING FEES FOR PATIENT REFERRALS, REVISING REQUIREMENTS FOR LICENSEES NOT GRADUATING FROM AN APPROVED SCHOOL, ESTABLISHING PROVISIONAL LICENSES AND BIENNIAL LICENSURE, REQUIRING CONTINUING EDUCATION FOR RENEWAL, PROVIDING A CIVIL PENALTY, AND INCREASING CRIMINAL PENALTIES.
Rep. HARRISON moved to adjourn debate upon the following Joint Resolution, which was adopted.
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.
The following Bill was taken up.
H. 4535 -- Ways and Means Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 149 SO AS TO ESTABLISH LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS UNDER WHICH THE STATE OF SOUTH CAROLINA SHALL PROVIDE SCHOLARSHIPS TO COVER THE COST OF ATTENDANCE UP TO SPECIFIED LIMITS TO ELIGIBLE RESIDENT STUDENTS ATTENDING ACCREDITED PUBLIC OR INDEPENDENT TWO-YEAR AND FOUR-YEAR INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND TECHNICAL COLLEGES.
Rep. BOAN proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21099SD.98), which was adopted.
Amend the bill, as and if amended, in Section 59-149-20 of the 1976 Code, as contained in SECTION 1, by striking subsection (B) thereof which begins on line 7, page 2, and inserting:
/(B) A student attending such a public or independent institution of this State and who is seeking a LIFE scholarship as a freshman meets the residency requirements of this chapter if he meets the requirements of Section 59-149-50(A) in regard to high school or home school graduation requirements and is classified as a resident of South Carolina for in-state tuition purposes under Chapter 112 of this title at the time of enrollment at the institution./
Amend the bill further , as and if amended, in Section 59-149-50 of the 1976 Code, as contained in SECTION 1 by striking the first sentence of subsection (A) which begins on line 26, page 2, and inserting:
/To be eligible for a LIFE scholarship for the freshman year, a student must be either a member of a class graduating from a high school located in this State on or after May, 1997, a home school student who has successfully completed a high school home school program in this State in the manner required by law on or after May, 1997, or a student graduating from a preparatory high school outside this State on or after May, 1997, while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. STUART proposed the following Amendment No. 2 (Doc Name P:\AMEND\JIC\5205MM.98), which was tabled.
Amend the bill, as and if amended, Section 59-149-50, as contained in SECTION 1, page 3, by adding at line 21:
/(E) In addition to all other eligibility requirements for the LIFE scholarship, each recipient shall undertake and provide documentatin of at least fifty hours of community service each year he is in receipt of the scholarship./
Amend title to conform.
Rep. STUART explained the amendment.
Rep. BOAN moved to table the amendment, which was agreed to.
Rep. HASKINS proposed the following Amendment No. 3 (Doc Name P:\AMEND\GJK\21130HTC.98), which was adopted.
Amend the bill, as and if amended, by inserting immediately after /State/ before the comma, on line 39, page 1, /and four-year colleges and universities chartered prior to 1962 whose main campus is located in this State/; and by inserting after /colleges./ on line 42, page 1, /Notwithstanding the above provisions of this section specifically excluded from those institutions eligible to receive LIFE scholarship funds under the provisions of this chapter are colleges and universities whose primary purpose is religious or theological training and the granting of professional degrees, for-profit institutions chartered after 1961, and institutions whose main campus is located out of this State./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HASKINS explained the amendment.
Rep. BOAN spoke against the amendment and moved to table the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Barfield Battle Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Edge Gourdine Govan Hines, J. Hines, M. Howard Keegan Kelley Kennedy Kinon Kirsh Lee Lloyd Mack Maddox McKay McLeod McMahand McMaster Miller Moody-Lawrence Neal Neilson Pinckney Rhoad Riser Rodgers Sandifer Scott Sheheen Smith, J. Stille Stuart Wilder Wilkes Witherspoon
Those who voted in the negative are:
Allison Altman Askins Barrett Bauer Beck Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fleming Gamble Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hinson Inabinett Jordan Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Martin Mason McAbee McGee Meacham Phillips Quinn Rice Robinson Seithel Sharpe Simrill Smith, D. Smith, R. Stoddard Townsend Tripp Trotter Vaughn Walker Whatley Wilkins Woodrum Young Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barrett Bauer Beck Brown, H. Campsen Carnell Cato Chellis Cooper Cromer Dantzler Davenport Delleney Easterday Fleming Gamble Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hinson Jordan Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Maddox Martin Mason McAbee McGee Meacham Phillips Quinn Rice Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stoddard Townsend Tripp Trotter Vaughn Walker Whatley Wilkins Woodrum Young Young-Brickell
Those who voted in the negative are:
Askins Bailey Barfield Battle Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Cotty Edge Gourdine Govan Hines, J. Hines, M. Howard Keegan Kelley Kennedy Kinon Kirsh Lee Lloyd Mack McKay McLeod McMahand McMaster Miller Moody-Lawrence Neal Neilson Pinckney Rhoad Riser Rodgers Scott Sheheen Smith, F. Smith, J. Stille Stuart Webb Wilder Wilkes Witherspoon
So, the amendment was adopted.
Rep. BOAN moved that the House recede until 2:45 P.M., which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of amendments.
At 2:45 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
The SPEAKER granted Rep. WOODRUM a leave of absence.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
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.
Reps. VAUGHN and ALLISON proposed the following Amendment No. 4 (Doc Name P:\AMEND\GJK\21124SD.98), which was tabled.
Amend the bill, as and if amended, Section 59-149-10 of the 1976 Code, as contained in SECTION 1, by striking the second sentence and inserting: /These scholarships shall be scholarships to cover the cost of attendance as defined by the Commission on Higher Education by regulation up to a maximum of two thousand dollars a year to eligible resident students attending Southern Association of Colleges and Schools (SACS) accredited public or independent two-year or four-year colleges and universities in this State and technical colleges./
Renumber sections to conform.
Amend totals and title to conform.
Rep. VAUGHN explained the amendment.
Rep. BOAN spoke against the amendment and moved to table the amendment.
Rep. VAUGHN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Barrett Battle Bauer Baxley Beck Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Campsen Cave Chellis Cotty Cromer Dantzler Gamble Gourdine Harrell Harris Harrison Hines, J. Hines, M. Hinson Howard Inabinett Jennings Jordan Keegan Kennedy Kinon Kirsh Koon Law Lloyd Mack Maddox McGee McMahand McMaster Moody-Lawrence Neal Neilson Phillips Rhoad Riser Rodgers Sandifer Scott Seithel Sheheen Simrill Smith, J. Smith, R. Stille Stoddard Stuart Webb Whatley Wilder Wilkins Witherspoon Young Young-Brickell
Those who voted in the negative are:
Allison Altman Barfield Bowers Brown, T. Carnell Cato Clyburn Cooper Davenport Delleney Easterday Hamilton Hawkins Klauber Lanford Leach Lee Littlejohn Loftis Martin McAbee Meacham Rice Sharpe Townsend Trotter Vaughn Walker
So, the amendment was tabled.
Rep. DAVENPORT proposed the following Amendment No. 5 (Doc Name P:\AMEND\GJK\21122SD.98 ), which was tabled.
Amend the bill, as and if amended, in Section 59-149-50 of the 1976 Code, as contained in SECTION 1, by adding a new subsection (E) to read:
/(E) Notwithstanding the above provisions of this section, students who graduate from an alternative high school in this State with a 2.5 cumulative grade average on a 4.0 scale and a Scholastic Aptitude Test (SAT) or ACT score at least equal to the statewide average on such scores from the previous year also shall be eligible to receive a LIFE Scholarship under this chapter if they meet all other requirements of this chapter. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. DAVENPORT explained the amendment.
Rep. BOAN moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Askins Bailey Barfield Barrett Bauer Baxley Beck Boan Brown, H. Brown, J. Byrd Campsen Cato Chellis Cotty Cromer Dantzler Delleney Gamble Gourdine Govan Harrell Harris Harrison Hawkins Hinson Jennings Jordan Keegan Kennedy Kinon Kirsh Klauber Koon Leach McAbee McGee McKay McMaster Meacham Neilson Rhoad Riser Rodgers Sandifer Simrill Smith, R. Stille Stuart Webb Wilder Wilkins Witherspoon Young Young-Brickell
Those who voted in the negative are:
Allison Battle Bowers Breeland Brown, G. Brown, T. Clyburn Cooper Davenport Easterday Hamilton Hines, J. Hines, M. Howard Inabinett Lanford Lee Littlejohn Lloyd Loftis Mack Maddox Martin McMahand Miller Moody-Lawrence Neal Phillips Pinckney Rice Scott Seithel Sharpe Sheheen Smith, J. Stoddard Townsend Trotter Vaughn Walker
So, the amendment was tabled.
Rep. SCOTT proposed the following Amendment No. 11 (Doc Name P:\AMEND\GJK\21120SD.98), which was tabled.
Amend the bill, as and if amended, by adding a new section immediately after Section 59-149-130, page 4:
/Section 59-149-135. To be eligible to receive a LIFE Scholarship under this chapter, a student and his or her parents or guardians if the student is their dependent may not have a combined state taxable income in excess of fifty thousand dollars." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. SCOTT explained the amendment.
Rep. BOAN spoke against the amendment.
Rep. SCOTT spoke in favor of the amendment.
Rep. BOAN moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Brown, H. Campsen Carnell Chellis Cooper Cotty Cromer Dantzler Delleney Easterday Edge Fleming Gamble Hamilton Harrell Harris Harrison Haskins Hinson Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Maddox Martin McAbee McGee McKay McMaster Meacham Miller Neilson Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, R. Stille Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Young Young-Brickell
Those who voted in the negative are:
Breeland Brown, G. Brown, J. Brown, T. Byrd Clyburn Cobb-Hunter Gourdine Hines, J. Hines, M. Howard Inabinett Lloyd Mack Moody-Lawrence Neal Scott Stoddard
So, the amendment was tabled.
Rep. SCOTT proposed the following Amendment No. 12 (Doc NameP:\AMEND\GJK\21116SD.98 Scott Am 4535), which was tabled.
Amend the bill, as and if amended, by striking Section 59-149-10 of the 1976 Code as contained in SECTION 1, and inserting:
/Section 59-149-10. Legislative Incentives for Future Excellence (LIFE) Scholarships are hereby established which shall be offered by the State. These scholarships shall be scholarships to cover the cost of attendance as defined by the Commission on Higher Education by regulation to eligible resident students attending Southern Association of Colleges and Schools (SACS) accredited public four-year colleges and universities in this State, and to cover the cost of attendance to eligible resident students attending SACS accredited public two-year colleges or universities in this State and technical colleges. Scholarships to cover the cost of attendance up to a maximum of three thousand dollars shall be provided also to students attending two-year or four-year independent colleges and universities in this State which have been accredited by the Southern Association of Colleges and Schools (SACS). These LIFE scholarships must be granted and awarded as provided in this chapter./
Renumber sections to conform.
Amend totals and title to conform.
Rep. SCOTT explained the amendment.
Rep. BOAN moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Brown, H. Campsen Chellis Cooper Cotty Cromer Dantzler Delleney Easterday Edge Fleming Gamble Hamilton Harrell Harris Harrison Haskins Hawkins Hinson Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Maddox McAbee McCraw McGee McLeod McMaster Meacham Miller Neilson Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sheheen Simrill Smith, D. Smith, F. Smith, R. Stille Stuart Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Young Young-Brickell
Those who voted in the negative are:
Breeland Brown, G. Brown, T. Byrd Cave Clyburn Gourdine Govan Hines, J. Hines, M. Inabinett Lloyd Mack Moody-Lawrence Neal Scott
So, the amendment was tabled.
Rep. SCOTT proposed the following Amendment No. 13 (Doc Name P:\AMEND\GJK\21119SD.98), which was tabled.
Amend the bill, as and if amended, in Section 59-149-10 of the 1976 Code, as contained in SECTION 1, by adding at the end:
/Persons who receive a GED shall receive a one-time five hundred dollar grant which may be used to attend any educational or vocational training of the person's choice./
Renumber sections to conform.
Amend totals and title to conform.
Rep. SCOTT explained the amendment.
Rep. BOAN moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 65 to 17.
Rep. SCOTT proposed the following Amendment No. 14 (Doc Name P:\AMEND\GJK\21118SD.98), which was tabled.
Amend the bill, as and if amended, in Section 59-149-50 of the 1976 Code, as contained in SECTION 1, beginning on line 34, page 2,by striking / and have scored 1000 or better on the Scholastic Aptitude Test (SAT) or have the equivalent ACT score beginning with school year 1998-99, 1050 or better beginning with school year 2000-2001, and 1100 or better beginning with school year 2002-2003; provided that if the student is to attend such a public or independent two-year college or university in this State, including a technical college, the SAT requirement does not apply. If a student chooses to attend such a four-year public or independent institution of this State and does not make the required SAT score, the student may earn a LIFE scholarship after his freshman year if he meets the grade point average and semester credit hour requirements of subsection (B)./ and by striking, beginning on line 6, page 3, the following: /except for the SAT requirement/
Renumber sections to conform.
Amend totals and title to conform.
Rep. SCOTT explained the amendment.
Rep. BOAN spoke against the amendment.
The SPEAKER granted Rep. McCRAW a leave of absence for the remainder of the day.
Rep. BOAN continued speaking.
Rep. SCOTT spoke in favor of the amendment.
Rep. BOAN moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Brown, H. Campsen Cato Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Gamble Hamilton Harrell Harris Harrison Haskins Hawkins Hinson Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Knotts Koon Leach Limehouse Loftis Maddox Martin McAbee McGee McKay McMaster Meacham Miller Neilson Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Stuart Townsend Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Breeland Brown, G. Brown, J. Brown, T. Byrd Cave Clyburn Gourdine Govan Harvin Hines, J. Hines, M. Inabinett Lee Littlejohn Lloyd Mack McLeod McMahand Moody-Lawrence Neal Scott Smith, F. Stoddard Whipper
So, the amendment was tabled.
Rep. ALLISON proposed the following Amendment No. 15 (Doc Name P:\AMEND\KGH\15372MM.98), which was rejected.
Amend the bill, as and if amended, SECTION 1, Section 59-149-10, Page 1, line 38, by deleting /four-year/ before /colleges/ and adding /four-year/ between /public/ and /or/.
Amend further, page 1, line 41, by deleting /or independent two-year/.
Renumber sections to conform.
Amend title to conform.
Rep. ALLISON explained the amendment.
Rep. BOAN spoke against the amendment.
The amendment was then rejected by a division vote of 24 to 46.
Rep. ALTMAN proposed the following Amendment No. 17 (Doc Name P:\AMEND\GJK\21127HTC.98), which was tabled.
Amend the bill, as and if amended, in Section 59-149-50(A) as contained in SECTION 1, page 2, by striking lines 34 through 41 and inserting:
/minimum ninety-two average on a one hundred scale, been in the academic top five percent of the graduating class (except with respect to a home-schooled student), and have scored 1250 or better on the SAT or an equivalent ACT score. If a student chooses to attend such a/
Renumber sections to conform.
Amend totals and title to conform.
Rep. ALTMAN explained the amendment.
The SPEAKER granted Rep. M. HINES a leave of absence for the remainder of the day.
Rep. ALTMAN continued speaking.
Rep. BOAN spoke against the amendment and moved to table the amendment.
Rep. ALTMAN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 67 to 7.
Rep. ALTMAN proposed the following Amendment No. 18 (Doc Name P:\AMEND\GJK\21129HTC.98), which was tabled.
Amend the bill, as and if amended, in Section 59-149-50(B) as contained in SECTION 1, page 3, line 10, by inserting before the period /and perform at least twelve hours of voluntary service weekly on behalf of the institution. Institutions shall report compliance with this service requirement quarterly to the State Budget and Control Board./
Renumber sections to conform.
Amend totals and title to conform.
Rep. ALTMAN explained the amendment.
Rep. NEILSON raised a Point of Order that Amendment No. 18 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. BOAN spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. ALTMAN proposed the following Amendment No. 19 (Doc Name P:\AMEND\GJK\21128HTC.98), which was adopted.
Amend the bill, as and if amended, in Section 59-149-90(A) as contained in SECTION 1, page 4, line 1, by striking /felonies/ and inserting /felonies or any alcohol or drug-related offenses/
Renumber sections to conform.
Amend totals and title to conform.
Rep. ALTMAN explained the amendment.
Rep. BOAN spoke in favor of the amendment.
The amendment was then adopted.
Reps. STUART and BOWERS proposed the following Amendment No. 20 (Doc Name P:\AMEND\JIC\5205MM.98), which was tabled.
Amend the bill, as and if amended, Section 59-149-50, as contained in SECTION 1, page 3, by adding at line 21:
/(E) In addition to all other eligibility requirements for the LIFE scholarship, each recipient shall undertake and provide documentatin of at least fifty-two hours of community service each year he/she is in receipt of the scholarship./
Amend title to conform.
Rep. STUART explained the amendment.
Rep. BOAN moved to table the amendment.
Rep. STUART demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Barfield Baxley Boan Breeland Brown, H. Brown, J. Chellis Clyburn Cooper Cromer Dantzler Edge Fleming Gamble Gourdine Hamilton Harris Harrison Haskins Hinson Jordan Kelley Kirsh Knotts Law Leach Limehouse Lloyd Loftis McGee McKay McMaster Meacham Neilson Quinn Rhoad Riser Sandifer Scott Sharpe Simrill Smith, R. Townsend Trotter Vaughn Walker Webb Whatley Wilkes Wilkins Witherspoon Young Young-Brickell
Those who voted in the negative are:
Allison Barrett Battle Bauer Beck Bowers Brown, G. Brown, T. Campsen Cave Cotty Davenport Delleney Easterday Govan Harvin Hawkins Hines, J. Howard Inabinett Jennings Keegan Kennedy Klauber Koon Lee Littlejohn Martin Mason McLeod Miller Moody-Lawrence Phillips Rice Robinson Rodgers Seithel Sheheen Smith, D. Smith, F. Smith, J. Stille Stoddard Stuart Tripp
So, the amendment was tabled.
Reps. STUART and BOWERS proposed the following Amendment No. 21 (Doc Name P:\AMEND\JIC\5205MM.98), which was tabled.
Amend the bill, as and if amended, Section 59-149-50, as contained in SECTION 1, page 3, by adding at line 21:
/(E) In addition to all other eligibility requirements for the LIFE scholarship, each recipient shall undertake and provide documentatin of at least forty hours of community service each year he or she is in receipt of the scholarship./
Amend title to conform.
Rep. STUART explained the amendment.
Rep. BOWERS spoke in favor of the amendment.
Rep. SIMRILL spoke against the amendment.
Reps. TRIPP, BOWERS and HAWKINS spoke in favor of the amendment.
Rep. BOAN spoke against the amendment and moved to table the amendment.
Rep. STUART demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Barfield Battle Boan Breeland Brown, H. Brown, T. Cato Chellis Clyburn Cooper Cotty Cromer Dantzler Delleney Easterday Edge Fleming Gamble Gourdine Hamilton Harrell Harris Harrison Haskins Hines, J. Hinson Inabinett Jennings Jordan Keegan Kelley Kinon Kirsh Law Leach Limehouse Lloyd Mack Maddox Mason McAbee McGee McKay McLeod McMaster Meacham Moody-Lawrence Neal Neilson Quinn Rhoad Riser Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, R. Stille Townsend Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Young Young-Brickell
Those who voted in the negative are:
Altman Barrett Bauer Baxley Beck Bowers Brown, G. Brown, J. Byrd Campsen Davenport Harvin Hawkins Kennedy Klauber Knotts Koon Lee Martin Miller Phillips Rice Robinson Rodgers Seithel Stuart Tripp
So, the amendment was tabled.
Rep. EASTERDAY proposed the following Amendment No. 24 (Doc Name P:\AMEND\DKA\4777SD.98), which was tabled.
Amend the bill, as and if amended, SECTION 1, page 4, by inserting after line 35:
/Section 59-149-150. The scholarships provided under this chapter shall be in the form of interest-free loans to the students who meet the requirements herein for such scholarships. The loan shall be between the student and the Commission on Higher Education or its designee, and the obligation shall be embodied in a note payable to the commission or its designee by the student as the maker thereof. Principal on the loan shall be repaid after the student completes his undergraduate degree or ceases his qualifying college enrollment in such installments as may be agreed to between the student and the commission. No interest shall accrue on the principal unless a principal payment becomes in arrears and in this event interest shall accrue at the statutory rate provided in Section 34-31-20(A)./
Renumber sections to conform.
Amend title to conform.
Rep. EASTERDAY explained the amendment.
Rep. SCOTT raised a Point of Order that Amendment No. 24 was out of order in that it was not germane to the Bill.
Rep. EASTERDAY argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. EASTERDAY continued speaking.
Rep. BOAN spoke against the amendment and moved to table the amendment.
Rep. EASTERDAY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Battle Boan Bowers Breeland Brown, H. Brown, J. Brown, T. Byrd Carnell Cato Cave Chellis Clyburn Cotty Cromer Dantzler Delleney Edge Gamble Gourdine Harrell Harrison Harvin Hines, J. Hinson Inabinett Keegan Kelley Kennedy Kirsh Law Lee Limehouse Lloyd Maddox Martin McAbee McGee McKay McLeod McMahand Meacham Moody-Lawrence Neal Neilson Phillips Quinn Riser Rodgers Sandifer Sheheen Simrill Smith, F. Stille Stuart Townsend Trotter Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Young Young-Brickell
Those who voted in the negative are:
Altman Barrett Bauer Campsen Davenport Easterday Hamilton Haskins Jordan Knotts Lanford Leach Littlejohn Miller Rice Robinson Seithel Smith, D. Stoddard Tripp Vaughn
So, the amendment was tabled.
Rep. NEAL proposed the following Amendment No. 28 (Doc Name P:\AMEND\PT\1669CM.98), which was rejected.
Amend the bill, as and if amended, Section 59-149-10 as contained in SECTION 1, line 2, after the /./ by inserting:
/All two-year independent religious colleges and universities not accredited by the Southern Association of Colleges and Schools, are also qualified institutions which eligible students may attend with use of life scholarship funds under the provisions of this chapter./
Renumber sections to conform.
Amend title to conform.
Rep. NEAL explained the amendment.
Rep. BOAN spoke against the amendment.
Rep. NEAL spoke in favor of the amendment.
Rep. BOAN moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Barrett Boan Brown, H. Carnell Chellis Cotty Cromer Dantzler Davenport Edge Fleming Gamble Harrell Haskins Hinson Keegan Kelley Koon Law Leach Limehouse Martin McAbee McGee McKay McMaster Neilson Rhoad Riser Robinson Rodgers Sandifer Smith, D. Stuart Trotter Vaughn Walker Webb Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Allison Altman Barfield Battle Bauer Baxley Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Campsen Cato Cave Clyburn Cobb-Hunter Cooper Delleney Easterday Gourdine Govan Hamilton Harrison Harvin Hawkins Hines, J. Howard Inabinett Jordan Kennedy Kirsh Knotts Lee Littlejohn Lloyd Maddox McLeod McMahand Meacham Miller Moody-Lawrence Neal Phillips Quinn Rice Seithel Sheheen Simrill Smith, F. Stille Stoddard Tripp Whatley Whipper Wilder Young
So, the House refused to table the amendment.
Rep. BOAN spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Battle Bowers Breeland Brown, G. Brown, T. Byrd Campsen Cave Cobb-Hunter Delleney Gourdine Govan Harvin Hines, J. Inabinett Jordan Kennedy Kirsh Lee Lloyd Mack Maddox McMahand Meacham Miller Moody-Lawrence Neal Rice Scott Seithel Sheheen Simrill Smith, F. Smith, J. Stoddard Tripp Whipper Wilkes
Those who voted in the negative are:
Allison Askins Bailey Barfield Barrett Bauer Baxley Beck Boan Brown, H. Brown, J. Carnell Cato Chellis Cooper Cotty Cromer Dantzler Davenport Easterday Edge Fleming Gamble Hamilton Harrell Harris Harrison Hawkins Hinson Jennings Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Martin Mason McAbee McGee McKay McLeod McMaster Neilson Phillips Quinn Riser Robinson Rodgers Sandifer Sharpe Smith, D. Smith, R. Stille Stuart Townsend Trotter Walker Webb Whatley Wilder Wilkins Witherspoon Young Young-Brickell
So, the amendment was rejected.
Rep. GOVAN proposed the following Amendment No. 29 (Doc Name P:\AMEND\PT\1670CM.98), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered Section to read:
/Section _________. All institutions participating in the LIFE Scholarship Program must report their enrollment and other relevant data as solicited by the Commission on Higher Education which may audit these institutions to ensure compliance with this provision. /
Renumber sections to conform.
Amend title to conform.
Rep. CROMER explained the amendment.
The amendment was then adopted.
Rep. LITTLEJOHN proposed the following Amendment No. 31 (Doc Name P:\AMEND\KGH\15372MM.98), which was rejected.
Amend the bill, as and if amended, SECTION 1, Section 59-149-10, Page 1, line 38, by deleting /four-year/ before /colleges/ and adding /four-year/ between /public/ and /or/.
Line 39, page 2 strike /or independent/ after public.
Amend further, page 1, line 41, by deleting /or independent two-year/.
Renumber sections to conform.
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Beck Bowers Cato Cooper Davenport Easterday Hamilton Harvin Haskins Hawkins Lanford Leach Lee Littlejohn Loftis Maddox Martin Mason McLeod Meacham Quinn Rice Rodgers Seithel Sharpe Simrill Smith, R. Stoddard Townsend Tripp Vaughn Walker Wilder
Those who voted in the negative are:
Askins Bailey Barfield Barrett Battle Bauer Baxley Boan Breeland Brown, G. Brown, H. Brown, T. Byrd Campsen Carnell Chellis Clyburn Cotty Cromer Dantzler Delleney Edge Gamble Gourdine Harrell Harris Harrison Hines, J. Hinson Keegan Kennedy Kirsh Knotts Koon Limehouse Lloyd Mack McAbee McGee McKay McMahand McMaster Moody-Lawrence Neal Neilson Phillips Riser Robinson Sandifer Scott Sheheen Smith, J. Stille Stuart Webb Whatley Whipper Wilkes Wilkins Witherspoon Young Young-Brickell
So, the amendment was rejected.
Rep. TRIPP proposed the following Amendment No. 32 (Doc Name P:\AMEND\PT\1673CM.98), which was ruled out of order.
Amend the bill, as and if amended, SECTION 1, by adding the following section to read:
/Section . Any college or university that accepts scholarship monies pursuant to this chapter cannot raise their tuition annually beyond the annual rate of inflation as determined by the Consumer Price Index./
Renumber sections to conform.
Amend title to conform.
Rep. TRIPP explained the amendment.
Rep. SIMRILL raised a Point of Order that Amendment No. 32 was out of order in that it was not germane to the Bill.
Rep. HASKINS stated that the amendment was not germane.
Rep. TRIPP argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. GOVAN proposed the following Amendment No. 33 (Doc Name P:\AMEND\PT\1674CM.98), which was tabled.
Amend the bill, as and if amended, SECTION 1, page 2, Section 59-149-50(A), line 35, after /scored/ by deleting /1000/ and inserting /950/.
Amend the bill further, SECTION 1, page 2, Section 59-149-50(A), line 36, after /1998-99,/ by deleting /1050/ and inserting /and 1000/
Amend the bill further, SECTION 1, page 2, Section 59-149-50(A), line 37, after /2000-2001/ by deleting /, and 1100 or better beginning with school year 2002-2003/
Renumber sections to conform.
Amend title to conform.
Rep. GOVAN explained the amendment.
Rep. BOAN moved to table the amendment, which was agreed to.
Rep. GOVAN proposed the following Amendment No. 35 (Doc Name P:\AMEND\GJK\21135HTC.98), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. Section 59-5-65 of the 1976 Code, as last amended by Act 164 of 1993, is further amended by adding a new item at the end to read:
"(17) Establish by school year 1998-99 a uniform grading system to be used by all public schools in this State. The grading system established is authorized to permit variations in grading between elementary and secondary schools and in other instances where variation is necessary due to curriculum differences."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. GOVAN explained the amendment.
Rep. BOAN moved to table the amendment.
Rep. GOVAN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 70 to 14.
Rep. BAUER proposed the following Amendment No. 10 (Doc Name P:\AMEND\GJK\21113SD.98), which was tabled.
Amend the bill, as and if amended, in Section 59-149-50 of the 1976 Code, as contained in SECTION 1, by inserting immediately after /score/ on line 1, page 3, /or have the required grade point average in high school/ and by inserting after /requirement/ of line 7, page 3, /or the grade point average requirement, or both./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAUER explained the amendment.
Rep. BOAN moved to table the amendment, which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 26 (Doc Name P:\AMEND\PT\1675CM.98), which was adopted.
Amend the bill, as and if amended, page 3, by inserting after line 20:
/Section 59-149-55. Notwithstanding the requirements under this chapter for a LIFE Scholarship, in the case of a student enrolled in the South Carolina School for the Deaf and the Blind or the Wil Lou Gray Opportunity School whose handicap impacts on his ability to meet the requirements of this chapter, the student may forward an application for a LIFE Scholarship to the Commission on Higher Education. The commission shall review the application, degree of handicap, and special circumstances of the applicant. After a review, the commission may waive those requirements presenting a hardship to the handicapped student and order the award of a LIFE Scholarship./
Renumber sections to conform.
Amend title to conform.
Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
Rep. TRIPP proposed the following Amendment No. 37 (Doc Name P:\AMEND\GJK\21137SD.98), which was tabled.
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ___. Any student who accepts LIFE Scholarship funds under this chapter may only use them at a college or university which beginning with the 1998-99 fall semester does not increase its annual tuition and fees by more than the percentage increase in the Higher Education Price Index over that of the previous year. " /
Renumber sections to conform.
Amend totals and title to conform.
Rep. TRIPP explained the amendment.
Rep. HAMILTON raised the Point of Order that Amendment No. 37 was out of order in that it was not germane to the Bill.
Rep. TRIPP argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. TRIPP continued speaking.
Rep. BOAN spoke in favor of the amendment.
Rep. TRIPP spoke in favor of the amendment.
Rep. BAILEY moved to table the amendment, which was agreed to.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Edge Felder Fleming Gamble Gourdine Govan Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hinson Inabinett Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McAbee McGee McKay McLeod McMaster Meacham Miller Moody-Lawrence Neal Neilson Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stuart Townsend Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Young Young-Brickell
Those who voted in the negative are:
Altman Davenport Easterday Hamilton Jordan Tripp
So, the Bill, as amended, was read the second time and ordered to third reading.
I was unable to be present at the time the final vote was taken on this Bill. Had I been present, I would have voted in favor of the Bill.
Rep. CLEMENTA C. PINCKNEY
I missed the vote on final passage of the Bill on LIFE Scholarships. My intent was to vote yes.
Rep. TIMOTHY C. WILKES
Last week, the House of Representatives voted overwhelmingly in favor of the PASS Legislation. This PASS Legislation does many things for education. But two things I'd like to highlight are Performance and Accountability. In reference to Performance it was argued clearly that Bob Jones University has molded good people for our State, many who are members of the General Assembly. However, when we come to the issue of Accountability, because Bob Jones University is located in a different section of the State from Clinton Jr. College, is it okay to have it be a part of the Life Scholarship Program? Could it be that since Clinton Jr. College is a Presbyterian College and Bob Jones University is of its own denomination makes it acceptable? Finally, is it because Clinton Jr. College allows co-mingling of all people based on their faith of all men are created in the image of God and Bob Jones University's philosophy is slightly different? Whatever the reason might be for supporting one over the other for the Life Scholarship Program, we can all agree that neither college is accredited by the S.A.C.
Rep. THEODORE A. BROWN
Rep. CROMER moved that the House recur to the morning hour, which was agreed to.
On motion of Rep. QUINN, with unanimous consent, the following were taken up for immediate consideration and accepted.
January 30, 1998
TO: Representative Rick Quinn
Chairman, House Invitations Committee
FROM: Jim Bradley
CEO, Charleston Metro Chamber of Commerce
SUBJECT: Capital Issues Mission Reception, February 11, 1998
Adam's Mark Hotel, 8:00-10:00 P.M.
Please accept this memorandum as an invitation to the House of Representatives to join the Charleston Metro Chamber of Commerce and other Urban Chambers of Commerce at a reception to honor the South Carolina State Ports Authority.
The details are February 11, 1998, 8:00-10:00 P.M., Adam's Mark Hotel, Columbia, S.C.
The South Carolina Senate has also been invited to this event as well as Constitutional Officers of the State of South Carolina.
We look forward to this event and your attendance. If you are in need of further information, please do not hesitate to contact the Charleston Metro Chamber of Commerce.
Your paperwork requirements will be completed after the reception.
Thank you for your help in this matter.
February 2, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Vocational Association and the South Carolina Vocational Directors Association would like to host a drop-in brunch for the General Assembly on February 18, 1998. Please put the drop-in brunch on the February Calendar for Wednesday, February 18, 1998, from 9:00-11:30 A.M. Our brunch will be held in Room 208 of the Blatt Building.
We will have teachers, administrators and others interested in education from throughout our State to be on hand. We want to let all of you know how much we appreciate your efforts in the legislature.
If you have any questions regarding our drop-in, please give me a call at 735-3330.
Sincerely,
Nancy Verburg
President, South Carolina Vocational Directors Association
April 23, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The Municipal Association of South Carolina would like to extend an invitation to members of the South Carolina House of Representatives to attend a reception on Wednesday evening, February 18, 1998, from 6:00 P.M. to 7:30 P.M. at the Columbia Adam's Mark. This reception is part of the Association's 24th Annual Winter Meeting and Legislative Conference.
Thanks for your help. If you have any questions, please call Betsy McDonald at 799-9574 ext. 1205.
Best wishes,
Sincerely,
Wayne George
Mayor, City of Mullins
President
February 2, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
It is with pleasure that the South Carolina Funeral Director's Association extends a formal invitation to all members of the General Assembly for a reception on February 17, 1998, from 6:00 P.M.-8:00 P.M. at the Capital City Club. We would ask that this invitation be added to the General Assembly Calendar for 1998.
Thank you in advance for your consideration in this matter.
With kind regards and best wishes, we remain,
Very truly yours,
John L. Petty, III
President
February 2, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
I would like to request that the South Carolina Policy Council Headquarters Ribbon Cutting Reception be placed on the House of Representatives Calendar for February 25, 1998, as we are eager to invite the members of the House to join us for this event.
The Ribbon Cutting Reception will take place at the new headquarters which is located at 1323 Pendleton Street in Columbia. The Reception will begin at 7:30 P.M.
Thank you for your assistance with this. If there are any questions, please contact Marian Meacham, the Director of Development, at 779-5022. I look forward to seeing you on February 25th, if not earlier.
Sincerely,
Edward T. McMullen, Jr.
President
January 13, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On behalf of the South Carolina Self-Insurers Association, we would like to invite the members of the House of Representatives to a breakfast drop-in on February 26, 1998, from 8:30 A.M. until 10:30 A.M. in Room 208 of the Blatt House Office Building.
Sincerely,
Sandra C. Morgan
Chairman, Legislative Committee
On motion of Rep. EASTERDAY, with unanimous consent, the following was taken up for immediate consideration:
H. 4559 -- Rep. Wilkins: A HOUSE RESOLUTION TO WELCOME TOM BERENGER, DISTINGUISHED STAGE, SCREEN, AND TELEVISION ACTOR, TO THE STATE CAPITOL, TO THANK HIM FOR HIS TRULY UNSELFISH GIFT OF A PRICELESS HISTORICAL CIVIL WAR FLAG TO THE STATE OF SOUTH CAROLINA, AND TO GRANT HIM THE PRIVILEGE OF THE HOUSE FLOOR ON WEDNESDAY, FEBRUARY 4, 1998.
Whereas, Tom Berenger is known worldwide for his many distinguished accomplishments as a television, stage, and motion picture actor who has received high accolades during his remarkable career including Academy Award and Emmy nominations and Golden Globe Awards; and
Whereas, he is a man of many talents. He is a native of Chicago, Illinois, is fluent in Italian and Spanish, and attended the University of Missouri as a journalism major, with hopes of becoming a sport's writer. He was cast in a stage production of "Who's Afraid of Virginia Woolf?", and his career path changed forever; and
Whereas, his work took him all over the world, but during the filming of the movie, "The Big Chill", in 1982 and 1983, he fell in love with Beaufort, South Carolina, which he then made his home; and
Whereas, Tom Berenger is an extremely generous and caring person who has contributed freely of his time, talents, and resources for the public good in many ways. He donated and helped to build a YMCA in Beaufort and has acquired and donated to the State of South Carolina a priceless historical Civil War flag which the citizens of our State deeply appreciate and will forever treasure; and
Whereas, the members of the House of Representatives, by this resolution, would like to welcome him to the State Capitol on his current visit and are desirous of extending to him the privilege of the House floor on Wednesday, February 4, 1998. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives hereby welcome Tom Berenger, distinguished stage, screen, and television actor, to the State Capitol, and thank him on behalf of the citizens of our State for his truly unselfish gift of a priceless historical Civil War flag to the State of South Carolina.
Be it further resolved that pursuant to Rule 10.1 of the Rules of the House, Mr. Berenger may be admitted to the House chamber and is granted the privilege of the House floor during his visit on Wednesday, February 4, 1998.
Be it further resolved that a copy of this resolution be presented to Mr. Berenger.
The Resolution was adopted.
On motion of Rep. H. BROWN, with unanimous consent, the following was introduced and taken up for immediate consideration:
H. 4560 -- Reps. Wilkins, H. Brown, Koon, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. 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, 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, Witherspoon, Woodrum, Young and Young-Brickell: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO SOUTH CAROLINA STATE PORTS AUTHORITY CHAIRMAN, WILLIAM L. BETHEA, JR., AND BERNARD S. GROSECLOSE, JR., PRESIDENT AND CHIEF EXECUTIVE OFFICER, AND ANITA ZUCKER, PRESIDENT AND CHAIRMAN OF THE BOARD OF THE CHARLESTON METRO CHAMBER OF COMMERCE ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED FOR THE OUTSTANDING CONTRIBUTIONS THAT THE STATE PORTS AUTHORITY HAS MADE TO THE ECONOMY OF THIS STATE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to South Carolina State Ports Authority Chairman, William L. Bethea, Jr., and Bernard S. Groseclose, Jr., President and Chief Executive Officer, and Anita Zucker, President and Chairman of the Board of the Charleston Metro Chamber of Commerce on a date and at a time to be determined by the Speaker, for the purpose of being recognized for the outstanding contributions that the State Ports Authority has made to the economy of this State.
The Resolution was adopted.
The following was introduced:
H. 4561 -- Reps. Young, G. Brown, Woodrum, Harvin, Neal and Canty: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF THE HONORABLE BERNARD J. WARSHAUER, RETIRED FAMILY COURT JUDGE FROM SUMTER COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4562 -- Rep. Sharpe: A CONCURRENT RESOLUTION DESIGNATING FEBRUARY, 1998, AS "PREVENT A LITTER MONTH" AND TUESDAY, FEBRUARY 24, 1998, AS "SPAY DAY USA 1998" IN SOUTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
Rep J. BROWN moved that the House do now adjourn, which was adopted.
At 5:25 P.M. the House in accordance with the motion of Rep. PHILLIPS adjourned in memory of J. Arthur Bridges of Cherokee County, to meet at 2:00 P.M. tomorrow.
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