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

TUESDAY, FEBRUARY 25, 1997

Tuesday, February 25, 1997
(Statewide Session)

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:

Keep our ears open, O Lord, to Your Word, knowing that it is meant to be bread for daily living, not cake for special occasions. Enable us to control our tongues, knowing that most people know how to say nothing, but so many do not know when. Cause us to conduct ourselves with honor knowing that it is better to sleep on what we are going to do than to stay awake over what we have done. Make us deliberate in our actions, knowing that a smoothly running engine makes little noise and yet produces great power. Possess us with such an abundance of faith as to enable us to feel constantly that now is the best time of the year.

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.

MOTION ADOPTED

Rep. CLYBURN moved that when the House adjourns, it adjourn in memory of Rebecca Andrea of Aiken, which was agreed to.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration.

Document No. 2114
Promulgated By Budget and Control Board
Statutory Authority: 1976 Code Section 3-9-10
Surplus Property
Received By Speaker February 24, 1997
Referred to House Committee on Ways and Means
120 Day Review Expiration Date June 24, 1997
(Subject to Sine Die Revision)

Document No. 2162
Promulgated By Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-53-160(4)_; 44-53-280(a); 44-53-280(c-f); and 1-23-10 et seq
Controlled Substances
Received By Speaker February 24, 1997
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date June 24, 1997
(Subject to Sine Die Revision)

Document No. 2104
Promulgated By Budget and Control Board
Statutory Authority: 1976 Code Section 1-11-220
Motor Vehicle Management (Repeal)
Received By Speaker February 24, 1997
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date June 24, 1997
(Subject to Sine Die Revision)

Document No. 2146
Promulgated By Department of Insurance
Statutory Authority: 1976 Code Sections 38-13-300; 38-73-1100; 38-73-1110; 1-23-110 et seq.; 38-3-1110
Excess Profits
Received By Speaker February 25, 1997
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date June 25, 1997
(Subject to Sine Die Revision)

Document No. 2147
Promulgated By Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110(2); 1-23-110 et seq.; 38-9-170
Minimum Reserve Standards for Individual and Group Accident and Health Insurance
Received By Speaker February 25, 1997
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date June 25, 1997
(Subject to Sine Die Revision)

Document No. 2149
Promulgated By Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110; 1-23-110
Life Insurance Illustrations
Received By Speaker February 25, 1997
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date June 25, 1997
(Subject to Sine Die Revision)

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 382 -- Senators Lander and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 5, 1997, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 5, 1997, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

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

INTRODUCTION OF BILLS

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

H. 3400 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1997, AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 38-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON FIRE INSURERS TO COVER THE EXPENSES OF INSPECTIONS AND INVESTIGATIONS, SO AS TO PROVIDE, AMONG OTHER THINGS, FOR THE USE OF FIFTY PERCENT OF THE ONE PERCENT TAX LEVIED IN THIS SECTION AND FOR AN ANNUAL REPORT OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 4 SO AS TO ESTABLISH THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM WITHIN THE SOUTH CAROLINA BUDGET AND CONTROL BOARD THROUGH WHICH TUITION ASSOCIATED WITH PUBLIC POST-SECONDARY EDUCATION MAY BE PAID IN ADVANCE AND FIXED AT A GUARANTEED LEVEL FOR THE DURATION OF UNDERGRADUATE ENROLLMENT; TO AMEND SECTION 12-6-1120, RELATING TO THE COMPUTATION OF GROSS INCOME, SO AS TO PROVIDE THAT GROSS INCOME DOES NOT INCLUDE AMOUNTS EXCLUDED BY THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM; TO AMEND SECTION 59-39-100, RELATING TO THE ISSUANCE OF UNIFORM HIGH SCHOOL DIPLOMAS AND THE NUMBER OF UNITS REQUIRED TO RECEIVE A DIPLOMA, SO AS TO PROVIDE THAT, BEGINNING WITH THE NINTH GRADE CLASS OF SCHOOL YEAR 1997-98 AND THEREAFTER, THE NUMBER OF UNITS REQUIRED FOR A DIPLOMA IS TWENTY-FOUR, RATHER THAN TWENTY, TO SPECIFY WHAT THESE FOUR ADDITIONAL UNITS MUST CONSIST OF, AND TO REVISE THE MANNER IN WHICH OTHER UNITS MAY BE APPLIED TOWARD THESE REQUIREMENTS; TO REPEAL SECTION 12-4-380 RELATING TO ANNUAL REPORTS BY THE DEPARTMENT OF REVENUE TO THE GENERAL ASSEMBLY OF THE REVENUE IMPACT OF ACTIONS RELATING TO DEPARTMENTAL POLICY DOCUMENTS AND THE REDUCTION OF TAX LIABILITIES ORDERED BY THE DIRECTOR; TO AMEND SECTION 11-11-140, RELATING TO LIMITATIONS ON GENERAL FUND APPROPRIATIONS FOR A FISCAL YEAR AND THE USE OF SURPLUS REVENUES, SO AS TO DELETE PROVISIONS RELATING TO LIMITATIONS ON ANNUAL GENERAL FUND REVENUES AND USES OF SURPLUS REVENUES TO REFLECT IN THE SECTION THE GOVERNOR'S DUTY ANNUALLY TO PREPARE A BUDGET WITH RESPECT TO CHANGES IN ACCOUNTING METHODS, AND TO PROHIBIT THE GOVERNOR'S ANNUAL BUDGET RECOMMENDATION FROM PROPOSING THE APPROPRIATION OF SURPLUS GENERAL FUND REVENUES IN EXCESS OF AMOUNTS OFFICIALLY RECOGNIZED AS SUCH BY THE BOARD OF ECONOMIC ADVISORS, AND TO PROHIBIT THE APPROPRIATION OF SURPLUS GENERAL FUND REVENUES IN EXCESS OF AMOUNTS OFFICIALLY RECOGNIZED AS SUCH BY THE BOARD OF ECONOMIC ADVISORS; TO ADD SECTION 11-11-150 SO AS TO DELETE FROM CALCULATIONS OF STATE GENERAL FUND REVENUES AMOUNTS NECESSARY IN A FISCAL YEAR TO FUND THE TRUST FUND FOR STATE PROPERTY TAX RELIEF FUND, THE HOMESTEAD EXEMPTION TRUST FUND, THE BUSINESS INVENTORY EXEMPTION REIMBURSEMENT TRUST FUND, AND THE DEPRECIATION PROPERTY TAX REIMBURSEMENT TRUST FUND, TO PROVIDE FOR THE TRANSFER TO THESE FUNDS THE REQUIRED AMOUNTS; TO PROVIDE THAT UNEXPENDED BALANCES IN THESE FUNDS LAPSE TO THE GENERAL FUND OF THE STATE, TO MAKE THESE FUNDS UNAVAILABLE FOR APPROPRIATION, TO REQUIRE THE BOARD OF ECONOMIC ADVISORS TO ACCOUNT FOR THESE TRUST FUNDS SEPARATELY IN REPORTS TO THE GOVERNOR AND THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THIS SECTION MUST NOT BE CONSTRUED AS AFFECTING FUNDING LEVELS FOR PUBLIC EDUCATION; TO AMEND SECTIONS 11-11-330, 12-37-251, AND 12-37-450, ALL AS AMENDED, 12-37-935, 12-37-270, AND 12-37-280, RELATING TO THE LOCAL GOVERNMENT FUND, THE STATE PROPERTY TAX RELIEF FUND, THE BUSINESS INVENTORY TAX EXEMPTION REIMBURSEMENT, THE DEPRECIATION PROPERTY TAX REIMBURSEMENT FUND, AND THE RESIDENTIAL AND HOMESTEAD EXEMPTION REIMBURSEMENTS, SO AS TO CONFORM THESE PROVISIONS TO THE TRANSFER REQUIREMENTS OF SECTION 11-11-150, RECONSTITUTE THESE FUNDS AND ACCOUNTS AS TRUST FUNDS, EXTEND THE PHASE IN OF ADDITIONAL DEPRECIATION FROM THREE TO SIX YEARS, DELETE OBSOLETE PROVISIONS, AND REVISE THE SCHEDULE OF REIMBURSEMENT FOR THE RESIDENTIAL HOMESTEAD EXEMPTION; AND TO REDESIGNATE AND AMEND SECTION 6-27-45, RELATING TO HOMESTEAD EXEMPTION REIMBURSEMENTS AS SECTION 6-1-45, AND CONFORM IT TO THE TRANSFER REQUIREMENTS OF SECTION 11-11-150; TO AMEND SECTION 14-7-845, RELATING TO THE OPTIONAL POSTPONEMENT OF JURY SERVICE FOR STUDENTS, SO AS TO PROVIDE THAT TEACHERS AND SCHOOL ADMINISTRATORS MAY ALSO POSTPONE THEIR JURY SERVICE DURING THE SCHOOL TERM, TO DEFINE A TEACHER AND SCHOOL ADMINISTRATOR FOR THIS PURPOSE, AND TO PROVIDE FOR THE USE OF CERTAIN STATE FUNDS TO PAY A SUBSTITUTE TEACHER DURING THE REGULAR TEACHER'S ABSENCE FOR JURY SERVICE; TO ADD SECTION 59-39-101 SO AS TO PROVIDE THAT PUBLIC AND NONPUBLIC HIGH SCHOOL GRADUATES OF THIS STATE WHO MEET CERTAIN SPECIFIED CRITERIA SHALL RECEIVE A SUPERIOR ACADEMIC ACHIEVEMENT HIGH SCHOOL DIPLOMA, AND ALSO SHALL RECEIVE A FIVE HUNDRED DOLLAR SCHOLARSHIP TO ATTEND ANY STATE-SUPPORTED INSTITUTION OF HIGHER LEARNING OR TECHNICAL COLLEGE; TO AMEND SECTION 56-3-5010, AS AMENDED, RELATING TO THE ISSUANCE OF "PUBLIC EDUCATION: A GREAT INVESTMENT" SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT A LICENSE PLATE PURCHASER MAY DESIGNATE A SCHOOL DISTRICT OR A SCHOOL TO RECEIVE A PORTION OF THE LICENSE PLATE FEE, TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL REPORT TO THE DEPARTMENT OF EDUCATION THE SCHOOL DISTRICT AND THE SCHOOL CHOSEN BY THE LICENSE PLATE PURCHASER TO RECEIVE A PORTION OF THE LICENSE PLATE FEE, AND TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL DISTRIBUTE A PORTION OF THE LICENSE PLATE FEE TO A SCHOOL DISTRICT FOR FURTHER DISTRIBUTION TO A SCHOOL CHOSEN BY THE LICENSE PLATE PURCHASER; TO ADD SECTION 59-19-45 SO AS TO PROVIDE THAT ALL SCHOOL BOARD MEMBERS OR MEMBERS OF COUNTY BOARDS OF EDUCATION FIRST ELECTED OR APPOINTED AFTER JULY 1, 1997, SHALL COMPLETE SUCCESSFULLY AN ORIENTATION PROGRAM, TO PROVIDE FOR THE MANNER IN WHICH THIS ORIENTATION PROGRAM SHALL BE CONDUCTED, AND TO PROVIDE FOR CERTAIN REIMBURSEMENT TO SCHOOL DISTRICTS OR COUNTY BOARDS OF EDUCATION FOR THE COST OF THIS ORIENTATION PROGRAM; TO AMEND SECTION 59-142-10, RELATING TO THE NEED-BASED GRANTS PROGRAM UNDER WHICH STUDENTS MAY RECEIVE A NEED-BASED GRANT FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND, SO AS TO PROVIDE THAT PART-TIME AS WELL AS FULL-TIME STUDENTS ARE ELIGIBLE FOR SUCH GRANTS; TO AMEND TITLE 59, RELATING TO EDUCATION, BY ADDING CHAPTER 118 SO AS TO ENACT THE SOUTH CAROLINA ACADEMIC ENDOWMENT INCENTIVE ACT OF 1997 WHICH PERMITS CERTAIN STATE-SUPPORTED COLLEGES AND UNIVERSITIES TO RECEIVE STATE MATCHING FUNDS FOR ACADEMIC PURPOSES FROM THE HIGHER EDUCATION MATCHING GIFT FUND HEREIN ESTABLISHED, AND TO PROVIDE FOR THE MANNER IN WHICH STATE MATCHING FUNDS SHALL BE PROVIDED; TO AMEND SECTION 48-48-140, AS AMENDED, RELATING TO THE LOW-LEVEL RADIOACTIVE WASTE DISPOSAL TAX, SO AS TO IMPOSE A CONTINGENT LICENSE TAX ON OPERATORS OF LICENSED LOW-LEVEL RADIOACTIVE WASTE DISPOSAL SITES, TO PROVIDE THE MEASURE OF THE TAX AS AN AMOUNT EQUAL TO POSSIBLE SHORTFALLS IN THE SCHOLARSHIPS PORTION OF THE CHILDREN'S EDUCATION ENDOWMENT FUND, THE TIME OF PAYMENT, METHOD OF COLLECTION, AND DISPOSITION OF THE REVENUE; TO REPEAL SECTION 44-1-120 RELATING TO THE ANNUAL REPORT BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO THE GENERAL ASSEMBLY; TO ADD SECTION 13-1-1770 SO AS TO ESTABLISH WITHIN THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE A DOWNTOWN REDEVELOPMENT GRANT PROGRAM FOR THE PURPOSE OF REVITALIZING AND ENHANCING THE VIABILITY OF DOWNTOWN AREAS THROUGH PARTNERSHIPS OF MUNICIPAL GOVERNMENT, COUNTY GOVERNMENT, AND PRIVATE INVESTORS AND TO PROVIDE MINIMUM CRITERIA FOR AWARDING THIS GRANT; TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO FEES AND COSTS COLLECTED BY COUNTY OFFICIALS, SO AS TO ADD A SURCHARGE OF FIFTEEN DOLLARS TO THE FEE FOR FILING A COMPLAINT OR PETITION IN CIRCUIT OR FAMILY COURT TO BE ALLOCATED TOWARD CIVIL REPRESENTATION OF INDIGENTS; TO ADD SECTION 1-11-185 SO AS TO PROVIDE THAT THE BUDGET AND CONTROL BOARD MAY ADOPT RULES AND PROMULGATE CERTAIN REGULATIONS THAT GOVERN THE OPERATION OF THE DEPARTMENT OF CORRECTIONS; AND TO AMEND SECTION 24-1-140, RELATING TO POWERS OF THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS SHALL PERFORM CERTAIN DUTIES TO CARRY OUT THE INTENT OF CHAPTER 1, TITLE 24, SHALL CARRY OUT CERTAIN DIRECTIVES OF THE BUDGET AND CONTROL BOARD, AND IS AUTHORIZED TO MAKE AND EXECUTE CERTAIN CONTRACTS; TO AMEND SECTION 14-5-610, AS AMENDED, RELATING TO CIRCUIT COURTS AND CIRCUIT COURT JUDGES, SO AS TO ADD AN ADDITIONAL JUDGE FOR THE FIRST, FIFTH, AND THIRTEENTH CIRCUITS; TO AMEND SECTION 20-7-1410, AS AMENDED, RELATING TO THE FAMILY COURTS AND FAMILY COURT JUDGES, SO AS TO ADD AN ADDITIONAL JUDGE FOR THE FIRST, NINTH, AND THIRTEENTH CIRCUITS, TO PROVIDE FOR THE DATE THESE JUDGES TAKE OFFICE, AND TO FURTHER PROVIDE FOR THE RESIDENCY REQUIREMENTS FOR CERTAIN OF THESE FAMILY COURT JUDGES; TO AMEND SECTION 9-8-120, AS AMENDED, RELATING TO THE RETURN OF BENEFICIARIES TO STATE SERVICE AND THE PRACTICE OF LAW FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH A RETIRED JUDGE OR JUSTICE MUST MAKE AN ELECTION TO PRACTICE LAW OR BE ELIGIBLE FOR APPOINTMENT TO SERVE IN THE COURTS OF THIS STATE AND TO PROVIDE THAT AN ELECTION TO PRACTICE LAW IS IRREVOCABLE; TO ADD SECTION 38-7-35 SO AS TO PROVIDE THAT TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE REVENUE COLLECTED ANNUALLY PURSUANT TO SECTION 38-7-30, REGARDING THE TAX ON FIRE INSURERS TO COVER EXPENSES OF INSPECTIONS AND INVESTIGATIONS, MUST BE TRANSFERRED TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR CERTAIN PURPOSES AND REQUIRE THE DEPARTMENT TO MAKE AN ANNUAL REPORT; TO REPEAL CHAPTER 51, TITLE 2 RELATING TO THE JOINT LEGISLATIVE STUDY COMMITTEE ON SERVICES, PROGRAMS, AND FACILITIES FOR THE AGING.

Without reference.

H. 3512 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PARAPROFESSIONAL PERSONNEL POSITIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1952, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3513 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PARAPROFESSIONAL PERSONNEL QUALIFICATIONS AND DUTIES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1953, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3514 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SUMMER SESSIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1934, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3515 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PROFESSIONAL PERSONNEL COMPENSATION GUIDES AND CONTRACTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1943, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3516 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADJUSTMENT IN INSTRUCTIONAL TIME FOR BASIC SKILLS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1957, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3517 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPETITIVE SCHOOL INNOVATION GRANTS PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1988, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3518 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STUDENT AND SCHOOL SAFETY (AMEND), DESIGNATED AS REGULATION DOCUMENT NUMBER 1990, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3519 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EMERGENCY DRILLS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1999, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3520 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STAFF PROTECTION (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2003, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3521 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FIRST AID, DESIGNATED AS REGULATION DOCUMENT NUMBER 2030, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3522 -- Reps. Sharpe, Riser, Witherspoon, Webb and Barfield: A BILL TO AMEND SECTION 39-22-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR WAREHOUSE RECEIPT FORMS DESIGNED OR APPROVED BY THE COMMISSIONER OF AGRICULTURE, SO AS TO AUTHORIZE THE USE OF ELECTRONIC WAREHOUSE RECEIPTS.

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

H. 3523 -- Reps. Jennings, Boan, Sheheen, Neilson, H. Brown, Baxley, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Beck, 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, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, 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 BILL TO AMEND CHAPTER 66, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA FOLK HERITAGE AWARD, SO AS TO RENAME THIS AWARD THE "JEAN LANEY HARRIS FOLK HERITAGE AWARD".

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

H. 3524 -- Rep. Altman: A BILL TO AMEND SECTION 50-17-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR TAKING OF MARINE LIFE FOR EXPERIMENTAL OR SCIENTIFIC PURPOSES, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PRESCRIBE AND REQUIRE PERMITS OF PERSONS ENGAGED IN THE HOLDING AND PROPAGATION OF FISH, SHELLFISH, CRUSTACEANS, OR OTHER MARINE LIFE IN THE SALTWATERS OF THIS STATE; AND TO AMEND SECTION 50-17-165, AS AMENDED, RELATING TO PERMITS FOR TAKING OR POSSESSING HORSESHOE CRABS, SO AS TO PROVIDE THAT PERMITS ISSUED UNDER THIS SECTION MAY INCLUDE PROVISIONS AS TO HOLDING FACILITIES, CONDITIONS, AND PERIODS, AND TO PROVIDE THAT HORSESHOE CRABS FROM WHICH BLOOD IS COLLECTED FOR PRODUCTION OF AMEBOCYTE LYSATE MAY BE HELD IN FACILITIES APPROVED BY THE DEPARTMENT AND MUST BE HANDLED SO AS TO MINIMIZE INJURY TO THE CRAB.

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

H. 3525 -- Rep. Sharpe: A JOINT RESOLUTION TO PROVIDE EMERGENCY MEASURES FOR CONTROLLING KARNAL BUNT DISEASE BY THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE AND THE STATE CROP PEST COMMISSION UNTIL JUNE 30, 1998.

On motion of Rep. SHARPE, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3526 -- Reps. Fleming, Barfield, Koon, Barrett, Altman, Chellis, Allison, Rodgers, Simrill, Young, Seithel, McKay, Sandifer, Maddox, Woodrum, Hinson, Knotts, Cotty, Cooper, Whatley, Witherspoon, Stuart, Kelley, Limbaugh, R. Smith, Cromer, Robinson, Rice, Law, Hawkins, Walker, Sharpe, D. Smith, Harrell, Harrison, Webb, Phillips, McMaster, Tripp, Riser, Klauber, Quinn, Meacham, Stille, Bauer, Haskins, Battle and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-145 SO AS TO PROVIDE THAT MEDICALLY-ABLED INMATES SENTENCED TO A DEPARTMENT OF CORRECTIONS FACILITY MUST BE ASSIGNED TO A CHAIN GANG TO MAINTAIN STATE PROPERTY AND TO PROVIDE THAT MEDICALLY-ABLED INMATES WHO REFUSE TO BE ASSIGNED TO WORK ON A CHAIN GANG MUST BE PLACED IN SOLITARY CONFINEMENT; TO AMEND SECTION 57-17-620, RELATING TO A COUNTY'S USE OF CHAIN GANGS, SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY MUST USE CHAIN GANGS TO WORK HIGHWAYS, AND TO PROVIDE THAT MEDICALLY-ABLED INMATES WHO REFUSE TO WORK ON A CHAIN GANG MUST BE PLACED IN SOLITARY CONFINEMENT.

Referred to Committee on Judiciary.

H. 3527 -- Reps. Fleming, Altman, Barrett, Seithel, Cotty, Simrill, Battle, Sandifer, McKay, Knotts, Cooper, Whatley, Rice, Koon, R. Smith, Woodrum, Sharpe, D. Smith, Maddox, Young, Robinson, Stille, Harrell, Harrison, Witherspoon, Rodgers, Mason, Tripp, McMaster, Phillips, Cato, Davenport, Bauer, Barfield, Quinn, Haskins, Klauber, Law and Webb: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-970 SO AS TO PROVIDE THAT INMATES CONFINED IN DEPARTMENT OF CORRECTIONS' FACILITIES SHALL NOT POSSESS APPLIANCES, TELEVISIONS, OR RADIOS WHILE THE INMATES ARE IN THE DEPARTMENT'S CUSTODY.

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

H. 3528 -- Rep. H. Brown: A BILL TO AMEND SECTION 2-7-71, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A REVENUE IMPACT STATEMENT ON BILLS RELATING TO STATE TAXES REPORTED OUT OF STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND SENATE, SO AS TO PROVIDE THAT THIS STATEMENT MUST BE CERTIFIED BY THE BOARD OF ECONOMIC ADVISORS OR ITS DESIGNEE RATHER THAN AN AGENT OF THE DEPARTMENT OF REVENUE, AND TO PROVIDE THAT THE BOARD MAY REQUEST THE TECHNICAL ADVICE OF THE DEPARTMENT OF REVENUE WITH RESPECT TO THE PREPARATION OF THESE STATEMENTS.

Referred to Committee on Ways and Means.

H. 3529 -- Reps. Lee and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-2025 SO AS TO PROVIDE THAT THE BOARD OF DIRECTORS OF THE SPARTANBURG COUNTY REGIONAL MEDICAL CENTER MUST BE APPOINTED BY A MAJORITY OF THE LEGISLATIVE DELEGATION REPRESENTING THE AREA THE CENTER SERVES.

Referred to Spartanburg Delegation.

H. 3530 -- Reps. Neal, J. Smith, Limbaugh, Inabinett, Lloyd, Canty, Gourdine, Campsen and McMaster: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-460 SO AS TO PROVIDE FOR PUBLIC SCHOOL STUDENTS TO BE EXCUSED FROM CLASS TO ATTEND OFF-CAMPUS RELIGIOUS INSTRUCTION, TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL, AND TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT SHALL DEVELOP A POLICY THAT PROVIDES REASONABLE PARAMETERS FOR THE RELEASE TIME AUTHORIZED; AND TO AMEND SECTION 59-1-440, AS AMENDED, RELATING TO THE MINIMUM HOURS AND USE OF THE SCHOOL DAY, SO AS TO PROVIDE THAT NOTHING IN THIS SECTION MAY BE CONSTRUED SO AS TO RESTRICT A STUDENT'S PARTICIPATION IN A PROGRAM OF OFF-CAMPUS RELIGIOUS INSTRUCTION PURSUANT TO SECTION 59-1-460 AND TO PROVIDE THAT TIME SPENT IN A PROGRAM OF OFF-CAMPUS RELIGIOUS INSTRUCTION IS INCLUDED AS A PART OF THE INSTRUCTIONAL DAY.

Referred to Committee on Education and Public Works.

H. 3531 -- Reps. Altman, Campsen and Harrell: A BILL TO AMEND SECTION 7-7-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION OF POLLING PRECINCTS HAVING MORE THAN ONE THOUSAND FIVE HUNDRED REGISTERED ELECTORS, SO AS TO REQUIRE A POLLING PRECINCT TO HAVE A MINIMUM OF SEVEN HUNDRED FIFTY REGISTERED ELECTORS.

Referred to Committee on Judiciary.

S. 30 -- Senators Hayes and Giese: A BILL TO AMEND SECTION 44-77-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABSENCE OF A DECLARATION OF A DESIRE FOR A NATURAL DEATH NOT CREATING A PRESUMPTION AS TO INTENT TO CONSENT TO OR REFUSE "DEATH-PROLONGING" PROCEDURES, SO AS TO CHANGE THIS TERM TO "LIFE-SUSTAINING" PROCEDURES.

Referred to Committee on Judiciary.

S. 178 -- Senator Courtney: A JOINT RESOLUTION AUTHORIZING THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY TO THE TOWN OF PACOLET MILLS.

Referred to Committee on Ways and Means.

S. 407 -- Senators Drummond, Courson, Giese, Moore, Hutto, Alexander, Anderson, Bryan, Cork, Courtney, Elliott, Fair, Ford, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington, Williams and Wilson: A JOINT RESOLUTION TO CREATE THE STROM THURMOND MONUMENT COMMISSION AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.

On motion of Rep. WHATLEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

ROLL CALL

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

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, February 25.

Jesse E. Hines                    Harry R. Askins
Jackson S. Whipper                Alma W. Byrd
Timothy C. Wilkes                 Larry L. Koon
William D. Boan
Total Present--122

LEAVE OF ABSENCE

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

STATEMENT RE ATTENDANCE

Rep. CANTY signed a statement with the Clerk that he was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, February 25.

DOCTOR OF THE DAY

Announcement was made that Dr. March Seabrook of West Columbia is the Doctor of the Day for the General Assembly.

ORDERED TO THIRD READING

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

H. 3467 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO SPECIFIC INFORMATION SERVICE SIGNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2045, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. TOWNSEND explained the Joint Resolution.

H. 3474 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PROFESSIONAL DEVELOPMENT OPPORTUNITIES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1985, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3475 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ANNUAL BUDGET DEADLINES AND SCHEDULES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1991, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3476 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STATE AID (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1992, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3477 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCOUNTING AND REPORTING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1993, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3478 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FINANCIAL REPORTS AND
STATEMENTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1994, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3479 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCOUNTING AND REPORTING INVENTORIES (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1995, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3480 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO AUDITS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1996, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3481 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PERSONNEL RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2004, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3482 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO THE DISBURSEMENT OF FUNDS FOR TRAINABLE AND MENTALLY HANDICAPPED STUDENTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2014, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. LITTLEJOHN explained the Joint Resolution.

H. 3299--REQUEST FOR DEBATE AND DEBATE ADJOURNED

The following Bill was taken up.

H. 3299 -- Rep. Sharpe: A BILL TO AMEND SECTION 38-75-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION THAT INSURANCE CONTRACTS FOR LEGAL SERVICES MUST PROVIDE THE RIGHT OF AN ATTORNEY OF CHOICE, SO AS TO CHANGE "A CONTRACTUAL OBLIGATION FOR LEGAL SERVICES" TO "A CONTRACTUAL OBLIGATION FOR REIMBURSEMENT OF LEGAL SERVICES".

Rep. MASON explained the Bill.

Rep. LIMBAUGH requested debate on the Bill.

Rep. MASON continued speaking.

Rep. CATO moved to adjourn debate upon the Bill until Wednesday, February 26, which was adopted.

H. 3342--DEBATE ADJOURNED

The following Bill was taken up.

H. 3342 -- Reps. Sandifer, Cotty, Fleming, Cato, Trotter, Cooper, Robinson, Rice, Barrett, Martin and Klauber: A BILL TO AMEND SECTION 33-19-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SHARES BY A PROFESSIONAL CORPORATION, SO AS TO ALLOW FOR ISSUANCE OF SHARES TO AN EMPLOYEE NOT LICENSED TO PRACTICE THE PROFESSIONAL SERVICES OF THE CORPORATION UNDER CERTAIN CONDITIONS.

The Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\5433MM.97).

Amend the bill, as and if amended, by striking lines 37-41 on page 1, and inserting:

/ (4)     individuals who are employees of a professional corporation but who are not licensed to practice the professional service described in the corporation's articles of incorporation; however, these employees shall not own more than one-third of the total issued and outstanding shares of the professional corporation. This subsection does not apply to a professional corporation formed for the purpose, as described in the corporation's articles of incorporation, of rendering the professional services of an attorney or attorneys licensed to practice law in the State./

Amend title to conform.

Rep. LAW explained the amendment.

Rep. SCOTT moved to adjourn debate upon the Bill until Wednesday, February 26, which was adopted.

H. 3502--POINT OF ORDER

The following Bill was taken up.

H. 3502 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-85 SO AS TO MAKE THE PERFORMING OF A PARTIAL-BIRTH ABORTION UNLAWFUL AND A FELONY, TO PROVIDE PENALTIES FOR VIOLATION, TO GRANT TO CERTAIN PERSONS A CAUSE OF ACTION AGAINST THE PHYSICIAN OR OTHER PERSON UNLAWFULLY PERFORMING A PARTIAL-BIRTH ABORTION, AND TO STIPULATE THE TYPES OF DAMAGES WHICH MAY BE OBTAINED.

Rep. YOUNG explained the Bill.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 3331--RECALLED AND REFERRED TO THE COMMITTEE
ON MEDICAL, MILITARY, PUBLIC AND
MUNICIPAL AFFAIRS

On motion of Rep. J. BROWN, with unanimous consent, the following Bill was recalled from the Committee on Judiciary and was referred to the Committee on Medical, Military, Public and Municipal Affairs.

H. 3331 -- Reps. Knotts, Koon, G. Brown, Dantzler, Keegan, Barfield, Askins, Maddox, Meacham, Fleming, Limehouse, Limbaugh, Simrill, Mason, Altman, Wilkins, Edge, Lloyd, Whatley, Felder, Stoddard, Rice, Cotty, Neilson, Inabinett, Rhoad, Bailey, Stille, Jordan, McMaster, Allison, Trotter, Cooper, Seithel, Harrison, Robinson, Young-Brickell, Webb, Trotter, T. Brown, Howard, Byrd, J. Smith, D. Smith, Riser, Martin, Witherspoon, Kelley, Tripp, H. Brown, Wilkes, McCraw, Haskins, Lee, Woodrum, Wilder, Young, Bauer, Harrell, R. Smith, Littlejohn, Davenport, Beck, Gamble, Miller, Hinson, Spearman, Battle, J. Brown, Harvin, Stuart, Lanford, Phillips, Scott, Campsen, Klauber, Rodgers, Cato, McLeod, Mullen, Quinn, Law, Hawkins, Walker and Kirsh: A BILL TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, TUBERCULOSIS CAMPS, AND HEALTH SERVICES DISTRICTS, BY ADDING ARTICLE 23 SO AS TO REQUIRE APPLICANTS FOR EMPLOYMENT WITH NURSING HOMES AND HOME HEALTH AGENCIES TO UNDERGO CRIMINAL BACKGROUND INVESTIGATIONS AND TO PROVIDE IMMUNITY FROM LIABILITY FOR PROVIDING THIS INFORMATION OR USING IT TO DENY OR TERMINATE EMPLOYMENT.

OBJECTION TO RECALL

Rep. HARRISON asked unanimous consent to recall H. 3503 from the Committee on Judiciary.

Rep. T. BROWN objected.

S. 361--RECALLED FROM THE
COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. TOWNSEND, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works.

S. 361 -- Senator Mescher: A JOINT RESOLUTION TO PROVIDE THAT CERTAIN STUDENTS FOR THE 1996-97 SCHOOL YEAR ARE EXEMPT FROM THE REQUIREMENTS OF SECTION 59-39-160 OF THE 1976 CODE AND MAY PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES UNDER SPECIFIED CONDITIONS.

MOTION PERIOD

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

H. 3272--DEBATE ADJOURNED

Rep. CATO moved to adjourn debate upon the following Bill until Wednesday, February 26, which was adopted.

H. 3272 -- Reps. Cato, Limehouse, H. Brown, Tripp, Cooper, Chellis, Seithel, Young-Brickell, Carnell, Mason, Meacham, Bailey, Haskins, Gamble, Allison, Trotter, Robinson, Sandifer, Lee, Govan, Law, Sharpe, Loftis, Phillips, Limbaugh, Harrell, J. Smith, J. Brown, Boan, Simrill, Wilkes and Neilson: A BILL TO AMEND SECTION 37-10-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR THE VIOLATION OF CERTAIN LOAN PROVISIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO DELETE CERTAIN PENALTY PROVISIONS, TO CREATE AN INDIVIDUAL CAUSE OF ACTION, AND TO PROHIBIT A CLASS ACTION FOR A VIOLATION OF THE CHAPTER; AND TO MAKE THESE PROVISIONS APPLY TO CAUSES OF ACTION, INCLUDING APPEALS, PENDING ON THE EFFECTIVE DATE OF THIS ACT AND TO ACTIONS FILED ON AND AFTER THAT DATE.

H. 3101--ORDERED TO THIRD READING

The following Bill was taken up.

H. 3101 -- Reps. Allison, Kirsh, Meacham and Knotts: A BILL TO AMEND SECTION 16-17-495, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD UNDER AGE SIXTEEN OUTSIDE THE STATE WITH THE INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO MAKE IT UNLAWFUL TO TAKE OR TRANSPORT A CHILD OUTSIDE OF THE STATE WITH THE INTENT TO CIRCUMVENT A CUSTODY PROCEEDING WHEN A PETITION HAS BEEN FILED SEEKING A CUSTODY DETERMINATION, TO INCREASE THE PENALTY FOR VIOLATIONS, TO INCLUDE APPLICATION OF THE SECTION TO CHILDREN BORN OUT OF WEDLOCK, TO INCREASE THE PENALTY IF PHYSICAL FORCE IS USED OR THREATENED, AND TO AUTHORIZE ASSESSING TRAVEL AND OTHER EXPENSES INCURRED IN THE PROSECUTION OF THE ACTION.

Rep. YOUNG explained the Bill.

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

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

Yeas 116; Nays 0

Those who voted in the affirmative are:

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

Total--116

Those who voted in the negative are:

Total--0

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

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

ADJOURNMENT

At 1:00 P.M. the House in accordance with the motion of Rep. CLYBURN adjourned in memory of Rebecca Andrea of Aiken, to meet at 10:00 A.M. tomorrow.

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