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

WEDNESDAY, MARCH 12, 1997

Wednesday, March 12, 1997
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

Forgive us, Lord, when we allow our complaints to become so big as to blind our eyes to the many, many blessings that unceasingly and unlimited come from Your beneficent hand. Your goodness and tender mercies are beyond our deserving, or our understanding. You bless us in keeping with Your total knowledge of our needs, bestowing upon us daily gifts such as our forefathers neither knew nor dreamed of.

Give us, then, the perception to heartily acknowledge Your merciful goodnesses toward us which send us forth in willing obedience to Your Word.

Lord, in Your mercy, hear our prayer. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. G. BROWN moved that when the House adjourns, it adjourn in memory of James Robert "Robbie" Stokes, Jr. of Cedar Creek, which was agreed to.

REPORT OF STANDING COMMITTEE

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

S. 165 -- Senators Wilson, Alexander, Anderson, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington and Williams: A CONCURRENT RESOLUTION DECLARING THE THIRD SUNDAY IN OCTOBER OF EACH YEAR AS "VOLUNTEER FIREFIGHTERS DAY" IN SOUTH CAROLINA AND URGING APPROPRIATE OBSERVANCE OF THE DAY BY ALL SOUTH CAROLINIANS SO THAT THEY MIGHT HONOR THE GREAT CONTRIBUTION TO THE PUBLIC SAFETY RESULTING FROM THE SERVICE OF, AND SACRIFICES MADE BY, VOLUNTEER FIREFIGHTERS.

S. 165--ADOPTED AND SENT TO THE SENATE

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

S. 165 -- Senators Wilson, Alexander, Anderson, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington and Williams: A CONCURRENT RESOLUTION DECLARING THE THIRD SUNDAY IN OCTOBER OF EACH YEAR AS "VOLUNTEER FIREFIGHTERS DAY" IN SOUTH CAROLINA AND URGING APPROPRIATE OBSERVANCE OF THE DAY BY ALL SOUTH CAROLINIANS SO THAT THEY MIGHT HONOR THE GREAT CONTRIBUTION TO THE PUBLIC SAFETY RESULTING FROM THE SERVICE OF, AND SACRIFICES MADE BY, VOLUNTEER FIREFIGHTERS.

Whereas, the members of the General Assembly are aware of the extraordinary contribution that volunteer firefighters make to their communities in the protection of life and property; and

Whereas, this service is given freely, often at great personal sacrifice, so that all of us can enjoy the benefits of modern fire protection services that otherwise may be unaffordable to the affected communities; and

Whereas, these dedicated volunteers perform this service and the required training knowing not only that careers and family life are regularly disrupted in so doing, but also in the full knowledge that the service they have undertaken is at great risk to personal safety; and

Whereas, to honor the service and sacrifice of these extraordinary citizens, it is appropriate for the members of the General Assembly to set aside one day each year for observances at which all South Carolinians are able to show their appreciation for the contributions of South Carolina's volunteer firefighters. Now, therefore,

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

That, by this resolution, the members of the General Assembly of the State of South Carolina declare the third Sunday in October of each year as "Volunteer Firefighters Day" in South Carolina and urge appropriate observances of the day by all South Carolinians so that they might honor the great contribution to the public safety resulting from the service of, and sacrifices made by, volunteer firefighters.

Be it further resolved that a copy of this resolution be forwarded to Mr. Ernie Wooten, Lexington County Fire Service, 5715 Edmund Highway, Lexington, SC 29073.

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

REPORTS OF STANDING COMMITTEES

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

H. 3388 -- Rep. Rice: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERSECTION OF US HIGHWAY 25 AND US HIGHWAY 123 IN GREENVILLE COUNTY IN HONOR OF THE LATE DR. HAROLD B. SIGHTLER, DISTINGUISHED PASTOR OF THE TABERNACLE BAPTIST CHURCH IN GREENVILLE FOR OVER FORTY YEARS.

Ordered for consideration tomorrow.

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

S. 348 -- Senator O'Dell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 8 AT THE SALUDA RIVER IN ANDERSON COUNTY IN HONOR OF THE LATE JOHN ALFRED PHIBBS AND TO ERECT APPROPRIATE MARKERS OR SIGNS.

Ordered for consideration tomorrow.

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

H. 3286 -- Rep. Sharpe: A BILL TO AMEND SECTION 2 OF ACT 387 OF 1996 RELATING TO THE ONE-YEAR PERIOD WITHIN WHICH A PERMANENT WAIVER OF EDUCATIONAL REQUIREMENTS MAY BE GRANTED TO A MASSAGE/BODYWORK THERAPY APPLICANT FOR LICENSURE WHO MEETS CERTAIN OTHER REQUIREMENTS, SO AS TO REVISE THE AMOUNT OF TIME REQUIRED IN PROFESSIONAL PRACTICE AS A THERAPIST FROM FOUR YEARS TO ONE YEAR.

Ordered for consideration tomorrow.

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

H. 3175 -- Rep. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS, AND FOR THEIR FUNCTIONS, DUTIES, AND REGISTRATION; BY ADDING SECTION 38-7-35 SO AS TO PROVIDE THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE PREMIUM TAX LEVIED ON FIRE INSURERS MUST BE USED FOR THE PURPOSE OF IMPLEMENTING THE TRAINING, CERTIFICATION, AND CONTINUING EDUCATION PROGRAM FOR BUILDING CODES ENFORCEMENT OFFICERS; TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THESE CODES, AND THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MUST ADOPT AND ENFORCE THOSE CODES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS IN REGARD TO THESE CODES, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; AND TO REPEAL CHAPTER 10 OF TITLE 6 RELATING TO THE SOUTH CAROLINA BUILDING ENERGY EFFICIENCY STANDARD ACT.

Ordered for consideration tomorrow.

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

H. 3470 -- Reps. Kirsh, Edge, Barfield, Meacham and Simrill: A BILL TO AMEND CHAPTER 18, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE, SO AS TO CHANGE THE TERM "COMMISSIONER" TO "DIRECTOR" AND TO CONFORM THE NAME OF THE DEPARTMENT OF LABOR TO THE GOVERNMENT RESTRUCTURING ACT OF 1993.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3629 -- Reps. Davenport and Walker: A HOUSE RESOLUTION TO CONGRATULATE MR. MARSHALL KIRBY OF SPARTANBURG COUNTY FOR HIS OUTSTANDING AND ILLUSTRIOUS CAREER AS A BAND DIRECTOR AND FOR BEING SELECTED FOR INDUCTION INTO THE SOUTH CAROLINA BAND DIRECTORS ASSOCIATION HALL OF FAME.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3630 -- Reps. Harvin and Cato: A CONCURRENT RESOLUTION COMMENDING AND THANKING CECIL W. THOMAS FOR HIS MANY YEARS OF DEDICATED AND EXCELLENT SERVICE TO THE SOUTH CAROLINA DEPARTMENT OF INSURANCE AND STATE GOVERNMENT AND WISHING HIM HAPPINESS FOLLOWING HIS RETIREMENT.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3631 -- Rep. Miller: A CONCURRENT RESOLUTION COMMENDING MICHEL GRAYDON FOR HER OUTSTANDING CONTRIBUTIONS TO THE GEORGETOWN COMMUNITY AND GEORGETOWN COUNTY IN THE AREAS OF HISTORY AND THE ARTS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 529 -- Senator Peeler: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING JIM SANDERS OF CHEROKEE COUNTY AND PRESIDENT OF SANDERS BROS. UPON THE OCCASION OF HIS INDUCTION INTO THE CHEROKEE COUNTY CHAMBER OF COMMERCE HALL OF FAME.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 530 -- Senator Peeler: A CONCURRENT RESOLUTION COMMENDING AND THANKING ROBERT H. LAWSON OF LOCKHART FOR HIS YEARS OF SERVICE TO THE STATE OF SOUTH CAROLINA AND THE TOWN OF LOCKHART, AND CONGRATULATING HIM UPON HIS RETIREMENT FROM THE STATE TRANSPORT POLICE DIVISION.

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

INTRODUCTION OF BILLS

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

H. 3632 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, DIVISION OF LABOR, RELATING TO CHILD LABOR, DESIGNATED AS REGULATION DOCUMENT NUMBER 2143, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3633 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, DIVISION OF LABOR, RELATING TO AMUSEMENT RIDES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2155, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3634 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD, RELATING TO PROCEDURES FOR MAKING WRITTEN MOTIONS, PETITIONS, AND APPLICATIONS TO THE BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 2156, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3635 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF FINANCIAL INSTITUTIONS, RELATING TO ADJUSTMENT OF DOLLAR AMOUNTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2069, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3636 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF ACCOUNTANCY, RELATING TO LICENSING AND PRACTICE OF PUBLIC ACCOUNTANTS AND CERTIFIED PUBLIC ACCOUNTANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2141, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3637 -- Reps. R. Smith, Mason, Sharpe, Clyburn, Beck, Felder, Kelley and Spearman: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CALCULATION OF NEW AND ADDITIONAL NEW FULL-TIME JOBS FOR PURPOSES OF AN ANNUAL JOB TAX CREDIT, SO AS TO PROVIDE FOR AND PLACE A TIME LIMIT ON A TAYPAYER ELECTION FOR DETERMINATION OF NEW AND ADDITIONAL NEW FULL-TIME JOBS AND TO DEFINE "SINGLE SITE".

Referred to Committee on Ways and Means.

H. 3641 -- Rep. Harvin: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON SEPTEMBER 5 AND 6, 1996, BY THE STUDENTS OF CLARENDON COUNTY SCHOOL DISTRICTS 1, 2, AND 3 IN CLARENDON COUNTY FOR SCHOOL YEAR 1996-97 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

S. 16 -- Senators Short, Saleeby, Leatherman, McConnell, Setzler, Courson, Matthews, Courtney, Thomas, Patterson, Passailaigue, Rose, Reese, Hayes, Elliott, Russell, Jackson, Martin and Rankin: A BILL TO AMEND CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-125, SO AS TO REQUIRE INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS TO PAY FOR HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS FOLLOWING A MASTECTOMY, AND TO PROVIDE FOR EXCEPTIONS.

Referred to Committee on Labor, Commerce and Industry.

S. 29 -- Senators Holland and Giese: A BILL TO AMEND SECTION 24-13-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE, SO AS TO INCREASE THE POSSIBLE PENALTY TO A MAXIMUM OF THIRTY YEARS IMPRISONMENT; TO AMEND SECTION 16-1-60, RELATING TO THE DEFINITION OF VIOLENT CRIMES, SO AS TO DEFINE THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE AS A VIOLENT CRIME; TO AMEND SECTION 16-1-90(A) AND (C) RELATING TO THE CLASSIFICATION OF CRIMES, SO AS TO CLASSIFY THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE AS A CLASS A FELONY; AND TO AMEND SECTION 17-25-45(C)(1), RELATING TO THE DEFINITION OF MOST SERIOUS OFFENSE, SO AS TO DEFINE THE CRIME OF TAKING OF A HOSTAGE BY AN INMATE AS A MOST SERIOUS OFFENSE.

Referred to Committee on Judiciary.

S. 284 -- Senators Leventis, Courson, Waldrep, Wilson, Giese, Anderson, Elliott, Land, Short, Reese, Cork, Rose, Holland, Moore and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-5-40 SO AS TO DESIGNATE THE SECRETARY OF STATE TO MONITOR ALL ELECTED OR APPOINTED STATE BOARDS AND COMMISSIONS IN ORDER TO ASCERTAIN WHEN VACANCIES OCCUR AND PUBLICIZE THESE VACANCIES AND POSITIONS ON THESE BODIES WHOSE TERMS EXPIRE.

Referred to Committee on Judiciary.

S. 358 -- Senator Bryan: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS INCLUDING CLARIFYING THAT THERAPEUTICALLY-CERTIFIED, OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION.

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

S. 461 -- Senators Mescher and Rose: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR BERKELEY COUNTY, ABOLISH THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF BERKELEY COUNTY, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE CREATED COMMISSION.

Referred to Berkeley Delegation.

HOUSE RESOLUTION

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

H. 3638 -- Reps. Klauber, Carnell, Parks and Stille: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LANDER UNIVERSITY MEN'S TENNIS TEAM AND ITS COACHES ON WEDNESDAY, MARCH 19, 1997, FOR THE PURPOSE OF BEING RECOGNIZED ON WINNING THE NATIONAL TENNIS CROWN.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Lander University men's tennis team and its coaches, at a time to be determined by the Speaker, on Wednesday, March 19, 1997, for the purpose of being recognized on winning the national tennis crown.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3639 -- Reps. Klauber, Carnell, Parks and Stille: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF SOUTH CAROLINA HIGHWAY PATROLMAN SERGEANT FIRST CLASS JAMES D. SHAY OF GREENWOOD COUNTY UPON HIS DEATH.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3640 -- Reps. Klauber, Carnell, Parks and Stille: A CONCURRENT RESOLUTION CONGRATULATING THE MEN'S TENNIS TEAM OF LANDER UNIVERSITY ON WINNING THE 1996 NCAA DIVISION II NATIONAL CHAMPIONSHIP.

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

ROLL CALL

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

Allison                Altman                 Askins
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               Easterday
Edge                   Fleming                Gamble
Gourdine               Govan                  Hamilton
Harrell                Harrison               Haskins
Hawkins                Hines, J.              Hines, M.
Hinson                 Hodges                 Howard
Inabinett              Jennings               Jordan
Keegan                 Kelley                 Kennedy
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limbaugh
Limehouse              Littlejohn             Lloyd
Loftis                 Mack                   Mason
McCraw                 McKay                  McLeod
McMahand               McMaster               Meacham
Miller                 Moody-Lawrence         Mullen
Neilson                Parks                  Phillips
Pinckney               Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, F.              Smith, J.
Smith, R.              Spearman               Stille
Stoddard               Townsend               Trotter
Vaughn                 Walker                 Webb
Whatley                Whipper                Wilder
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 12.

Joseph H. Neal                    G. Ralph Davenport, Jr.
C. Alex Harvin III                George H. Bailey
Timothy C. Wilkes                 Daniel L. Tripp
Steve P. Lanford                  Thomas N. Rhoad
Jesse Cordell Maddox, Jr.         Becky Rogers Martin
John G. Felder                    Ralph W. Canty
Total Present--122

DOCTOR OF THE DAY

Announcement was made that Dr. Gerald Harmon of Georgetown is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. STILLE and TOWNSEND, on the behalf of the Anderson Delegation, presented to the House the Crescent High School Lady Tigers Softball Team, 1996 State Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Rep. WALKER presented to the House representatives of the Easter Seal Society recognizing "B.A.C. - Coffee Day for People with Disabilities."

SENT TO THE SENATE

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.

H. 3100 -- Reps. Allison, Townsend, Walker and Meacham: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAKEUP OF SCHOOL DAYS MISSED BECAUSE OF SNOW OR OTHER EXTREME WEATHER CONDITIONS, SO AS TO PROVIDE FOR THE MANNER IN WHICH EACH SCHOOL DISTRICT BOARD OF TRUSTEES SHALL PLAN THE SCHOOL TERM SO THAT UP TO THREE NONINSTRUCTIONAL DAYS SHALL BE DESIGNATED AS MAKEUP DAYS FOR THIS PURPOSE.

H. 3572 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CRITERIA FOR THE PROMOTION OF STUDENTS TO THE NEXT HIGHER GRADE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1997, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3573 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DEVELOPMENTAL ACTIVITIES AND REMEDIAL PROGRAMS IN GRADES 1-8 (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2006, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3574 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CLEARLY DEFINED VOCATIONAL PROGRAMS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2009, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3575 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO VOCATIONAL GRANTS FOR THE UPDATING OF EXISTING VOCATIONAL PROGRAMS AND THEIMPLEMENTATION OF NEW VOCATIONAL PROGRAMS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2010, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3576 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SUPPLEMENTARY MATERIALS SELECTION AND ADOPTION (WORKBOOKS) (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2019, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3577 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PHILOSOPHY OF COMMUNITY EDUCATION (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2020, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3578 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FEDERALLY-FUNDED COMPENSATORY EDUCATION PROGRAMS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2024, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3579 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPULSORY KINDERGARTEN PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2026, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3580 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TRANSFERS AND WITHDRAWALS (AMEND), DESIGNATED AS REGULATION DOCUMENT NUMBER 2027, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3581 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STUDENT SAFETY (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2029, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3582 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO INOCULATIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2031, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3583 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CREATING MORE EFFECTIVE PARTNERSHIPS AMONG THE SCHOOLS, PARENTS, COMMUNITY, AND BUSINESSES, (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2032, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3287 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 38-43-105 AND 38-43-106, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO EXEMPT FROM THESE REQUIREMENTS AGENTS WHO SELL PREPAID LEGAL INSURANCE.

H. 3108--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3108 -- Rep. J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-53-85 SO AS TO PROVIDE FOR EDUCATIONAL REQUIREMENTS FOR LICENSURE AS A BAIL BONDSMAN, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES.

Rep. J. BROWN proposed the following Amendment No. 3 (Doc Name P:\AMEND\GJK\20371CM.97), which was adopted.

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

/SECTION     1.     The 1976 Code is amended by adding:

"Section 38-53-85.     (A)     Before a license as a surety bail bondsman and a professional bail bondsman and surety and professional runners may be issued, pursuant to Section 38-53-80, an applicant shall complete not less than twenty hours of education in subjects pertinent to the duties and responsibilities of a surety bail bondsman and a professional bail bondsman and surety and professional runners, including all laws and regulations related to being a surety bail bondsman and a professional bail bondsman and surety and professional runners.

Each licensee shall complete annually not less than six hours of continuing education in subjects related to the duties and responsibilities of a surety bail bondsman and a professional bail bondsman and surety and professional runners before renewal of the license. This continuing education does not include a written or oral examination.

(B)     A person licensed as a surety bail bondsman and a professional bail bondsman and surety and professional runners before the effective date of this section is not required to complete twenty hours of education before being licensed but is subject to the six hours of continuing education requirement in order to renew a license.

(C)     The bondsman association for the State and other groups or associations approved by the Department of Insurance, shall provide education for bail bondsman licensure as required by this section. The Department of Insurance shall approve the courses offered and ensure that the education meets the general standards for education established by the department.

(D)     A person who falsely represents the requirements of this section is subject, after notice and hearing, to the penalties and fines set forth in this chapter.

(E)     The director shall issue necessary rules for the effective administration of this section."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. J. BROWN explained the amendment.

Rep. KLAUBER spoke in favor of the amendment.

The amendment was then adopted.

Rep. SCOTT proposed the following Amendment No. 4 (Doc Name P:\AMEND\DKA\4206MM.97), which was ruled out of order.

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

/SECTION     __.     Section 38-53-50(A) of the 1976 Code, as last amended by Act 179 of 1989, is further amended to read:

"(A) A surety desiring to surrender a defendant for 'good cause' or the nonpayment of fees must give three days' notice to the defendant and his attorney of his intention to attempt to revoke the bail bond. After the three-day period has expired, the surety shall then take the defendant before the appropriate judge and show good cause why he should be relieved to obtain a commitment order and deliver it together with the defendant to the official in charge of incarcerating defendants. However, if circumstances exist in which incarceration of the defendant is required to prevent imminent violation of the specific terms of the bail bond, or if the defendant has violated the specific terms of the bail bond previously, the surety may take the defendant before the appropriate judge for a commitment order. If the appropriate judge is not available within a reasonable period of time or if circumstances warrant immediate incarceration of the defendant, the surety may deliver the defendant with an affidavit stating the facts to support the surrender of the defendant for good cause. If the surety surrenders the defendant with an affidavit, the surety must take the defendant before the next available appropriate judge for a commitment order. A surety who surrenders a defendant with an affidavit for less than good cause is subject to penalties imposed for perjury as provided in Article 1, Chapter 9 of Title 16."/

Renumber sections to conform.

Amend title to conform.

Rep. SCOTT explained the amendment.

POINT OF ORDER

Rep. KLAUBER raised a Point of Order that Amendment No. 4 was not germane to the Bill in that the amendment deals with a defendant who violates specific terms of the bail bond and does not deal with the force and effect of the Bill which is continuing education requirements for bail bondsmen.

Rep. SCOTT argued contra.

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

Rep. SCOTT proposed the following Amendment No. 5 (Doc Name P:\AMEND\DKA\4205mm.97), which was ruled out of order.

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

/SECTION __.     Section 22-5-510 of the 1976 Code is amended by adding at the end:

"A person charged with a bailable offense must have a bond hearing within twenty-four hours of his arrest and must be released within two hours after sufficient bond is offered by him or a surety."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. SCOTT explained the amendment.

POINT OF ORDER

Rep. KLAUBER raised a Point of Order that Amendment No. 5 was not germane to the Bill.

Rep. SCOTT argued contra.

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

Rep. KLAUBER explained the Bill.

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

H. 3121--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3121 -- Reps. Kelley and Bauer: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 51 SO AS TO PROVIDE FOR THE ISSUANCE OF "SOUTH CAROLINA: FIRST IN GOLF" LICENSE PLATES, AND TO PROVIDE FOR THE DISBURSEMENT OF THE FEES COLLECTED.

Rep. KNOTTS proposed the following Amendment No. 2 (Doc Name P:\AMEND\GJK\20280SD.97), which was ruled out of order.

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

/SECTION     ____.     Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 52
Charter Limousine License Plates

Section 56-3-5300.     (A)     In addition to complying with any other registration and license fee requirement contained in this chapter, a 'charter limousine' regulated by the South Carolina Public Service Commission must acquire a special license plate from the Department of Public Safety upon submission of proof that the 'charter limousine' is certified as a Class 'C'- 'Charter Limousine' by the commission.

(B)     The biennial fee for this special license plate is twenty-five dollars."/

Renumber sections to conform.

Amend totals to conform.

Rep. KNOTTS explained the amendment.

POINT OF ORDER

Rep. KIRSH raised a Point of Order that Amendment No. 2 was not germane to the Bill in that the amendment deals with the promotion of golf and tourism in the State.

Rep. KNOTTS argued contra.

SPEAKER WILKINS stated that the substantial effect of the proposed amendment was not related to limousine tags, therefore he sustained the Point of Order and ruled the amendment out of order.

Reps. CARNELL and KLAUBER proposed the following Amendment No. 3 (Doc Name P:\AMEND\DKA\4203CM.97), which was ruled out of order.

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

/SECTION     __.     Section 56-3-3310 of the 1976 Code, as last amended by Act 422 of 1996, is further amended to read:

"Section 56-3-3310.     (A)The department may issue a permanent special motor vehicle license plate to a recipient of the Purple Heart for use on a private passenger motor vehicle. The biennial one-time fee for the special license plate is the same as the fee provided in Article 5, Chapter 3 of this Title eighteen dollars, and only one plate may be issued to a person. The application for a special plate must include proof the applicant is a recipient of the Purple Heart.

(B)     If the design of this special license plate is changed, a purchaser of the license plate must pay the one-time fee contained in subsection (A)."

Renumber sections to conform.

Amend title to conform.

Rep. KLAUBER explained the amendment.

POINT OF ORDER

Rep. KELLEY raised a Point of Order that Amendment No. 3 was not germane to the Bill.

Rep. KLAUBER argued contra.

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

Rep. STODDARD proposed the following Amendment No. 4 (Doc Name P:\AMEND\DKA\4207CM.97), which was adopted.

Amend the bill, as and if amended, Section 56-3-5200, SECTION 1, page 2, line 11, by deleting /Eighteen/ and inserting / Twenty-four /; and line 12, by deleting /Fifty-two/ and inserting /Forty-six / .

Renumber sections to conform.

Amend title to conform.

Rep. STODDARD explained the amendment.

The amendment was then adopted.

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

S. 361-- REQUESTS FOR DEBATE

Reps. T. BROWN and INABINETT withdrew their requests for debate on the following Joint Resolution whereupon requests for debate were raised by Reps. WALKER, SANDIFER, KIRSH, LITTLEJOHN and F. SMITH.

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.

H. 3145--REQUESTS FOR DEBATE WITHDRAWN, AMENDED AND INTERRUPTED DEBATE

Upon the withdrawal of requests for debate by Reps. NEAL, J. BROWN, GOURDINE, F. SMITH and MACK, the following Bill was taken up.

H. 3145 -- Reps. Inabinett, Cromer, Vaughn, Sharpe, Beck, Wilkes, Haskins, Lloyd, Carnell, Altman, Young, Hinson, Rodgers, Miller, Campsen, Breeland, Webb, Bauer, R. Smith, Stuart and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-15 SO AS TO PROVIDE THAT THE TEACHING OF EBONICS, OTHERWISE REFERRED TO AS "BLACK ENGLISH", IS PROHIBITED IN THE PUBLIC ELEMENTARY AND SECONDARY SCHOOLS OF THIS STATE, AND IN THE STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING, INCLUDING TECHNICAL COLLEGES; AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL NOT BE CONSTRUED AS INFRINGING UPON THE AUTHORITY OF SCHOOLS TO INSTRUCT STUDENTS IN BLACK HISTORY AS PERMITTED BY LAW.

Rep. INABINETT proposed the following Amendment No. 2 (Doc Name P:\AMEND\GJK\20158SD.97), which was adopted.

Amend the bill, as and if amended, in Section 59-29-15 of the 1976 Code as contained in SECTION 1, by adding a new paragraph at the end to read:

/'Ebonics' means a combination of ebony and phonics and is a dialect made up of English vocabulary and an African structure and grammar./

Renumber sections to conform.

Amend title to conform.

Rep. WALKER explained the amendment.

The amendment was then adopted.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20058SD.97), which was adopted.

Amend the bill, as and if amended, in Section 59-29-15 of the 1976 Code, as contained in SECTION 1, by striking /, otherwise referred to as 'Black English',/ which begins on line 28, page 1.

When amended Section 59-29-15 of the 1976 Code shall read:

"Section 59-29-15.     The teaching of Ebonics is prohibited in the public elementary and secondary schools of this State, and in the state-supported institutions of higher learning, including technical colleges.

The provisions of this section shall not be construed as infringing upon the authority to instruct students in black history as permitted by Section 59-29-55 or other provisions of law."

Renumber sections to conform.

Amend title to conform.

Rep. WALKER explained the amendment.

The amendment was then adopted.

Rep. WALKER explained the Bill.

Rep. PINCKNEY spoke against the Bill.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill.

OBJECTION TO RECALL

Rep. GOVAN asked unanimous consent to recall H. 3192 from the Committee on Ways and Means.

Rep. SIMRILL objected.

OBJECTION TO RECALL

Rep. GOVAN asked unanimous consent to recall H. 3070 from the Committee on Judiciary.

Rep. YOUNG-BRICKELL objected.

H. 3561--AMENDED AND ADOPTED

The following House Resolution was taken up.

H. 3561 -- Reps. Scott, Allison, Altman, 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, Cromer, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Woodrum, Young and Young-Brickell: A HOUSE RESOLUTION TO PROVIDE THAT PORTRAITS OF FORMER SPEAKERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES SAMUEL J. LEE AND ROBERT BROWN ELLIOTT BE PLACED IN THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES UPON COMPLETION OF THE STATE HOUSE RENOVATION PROJECT.

Amend Title To Conform

Whereas, two African-Americans served as Speakers of the South Carolina House of Representatives from 1872-1877; and

Whereas, the Honorable Samuel J. Lee of Aiken County was the first African-American to serve as Speaker of the South Carolina House of Representatives; and

Whereas, he was nominated to the office of Speaker of the House of Representatives by the Honorable James A. Bowley, a senator from Georgetown; and

Whereas, Senator Lee was unanimously elected Speaker of the House of Representatives upon receiving one hundred nine votes; and

Whereas, he served as Speaker of the House of Representatives from 1872-1874; and

Whereas, the Honorable Robert Brown Elliott was the second African-American to serve as Speaker of the South Carolina House of Representatives; and

Whereas, he served as Speaker of the South Carolina House of Representatives from 1874 to 1877; and

Whereas, Speaker Elliott was born in Boston, Massachusetts and graduated from the Massachusetts Law School; and

Whereas, he served as a member of the South Carolina House of Representatives and the United States House of Representatives; and

Whereas, Speaker Elliott is credited with having performed well in his leadership role in the South Carolina House of Representatives; and

Whereas, the members of the South Carolina House of Representatives believe it is fitting and proper to have appropriate portraits of Speaker Samuel J. Lee and Speaker Robert Brown Elliott placed in the Chamber of the House of Representatives upon completion of the State House renovation project. Now, therefore,

Be it resolved by the House of Representatives:

That the Speaker of the House of Representatives shall commission an artist to paint portraits of former Speakers of the South Carolina House of Representatives Samuel J. Lee and Robert Brown Elliott. The cost of the portraits shall be paid from the approved accounts of the House as determined by the Speaker. The portraits shall be displayed in the House Chamber in a location determined by the Speaker upon completion of the State House renovation project.

Reps. WILKINS and SCOTT proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20370SD.97), which was adopted.

Amend the resolution, as and if amended, by striking all after the resolving words and inserting:

/That the Speaker of the House of Representatives shall commission an artist to paint portraits of former Speakers of the South Carolina House of Representatives Samuel J. Lee and Robert Brown Elliott. The cost of the portraits shall be paid from the approved accounts of the House as determined by the Speaker. The portraits shall be displayed in the House Chamber in a location determined by the Speaker upon completion of the statehouse renovation project./

Renumber sections to conform.

Amend totals and title to conform.

Rep. SCOTT explained the amendment.

The amendment was then adopted.

The Resolution, as amended, was adopted.

MOTION PERIOD

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

S. 361--RECOMMITTED

The following Joint Resolution was taken up.

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.

Rep. WALKER moved to recommit the Joint Resolution to the Committee on Education and Public Works, which was agreed to.

H. 3342--COMMITTED

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.

Rep. SANDIFER moved to commit the Bill to the Committee on Judiciary, which was agreed to.

RECURRENCE TO THE MORNING HOUR

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

INTRODUCTION OF BILLS

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

H. 3642 -- Rep. Davenport: A BILL TO AMEND SECTION 34-11-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL JURISDICTION AND PENALTIES FOR DRAWING AND UTTERING OF FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS DRAWN ON A BANK OR DEPOSITORY, SO AS TO PROVIDE THAT THE COURT MAY GARNISH THE WAGES OF AN OFFENDER TO SATISFY A FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER DRAWN ON A BANK OR DEPOSITORY.

Referred to Committee on Judiciary.

S. 14 -- Senator Short: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF OCTOBER 16, 1996, MISSED BY THE STUDENTS OF MCCROREY-LISTON ELEMENTARY SCHOOL OF THE FAIRFIELD COUNTY SCHOOL DISTRICT DUE TO THE LACK OF WATER IN THE SCHOOL, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.

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

H. 3145--ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of the Bill.

H. 3145 -- Reps. Inabinett, Cromer, Vaughn, Sharpe, Beck, Wilkes, Haskins, Lloyd, Carnell, Altman, Young, Hinson, Rodgers, Miller, Campsen, Breeland, Webb, Bauer, R. Smith, Stuart and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-15 SO AS TO PROVIDE THAT THE TEACHING OF EBONICS, OTHERWISE REFERRED TO AS "BLACK ENGLISH", IS PROHIBITED IN THE PUBLIC ELEMENTARY AND SECONDARY SCHOOLS OF THIS STATE, AND IN THE STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING, INCLUDING TECHNICAL COLLEGES; AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL NOT BE CONSTRUED AS INFRINGING UPON THE AUTHORITY OF SCHOOLS TO INSTRUCT STUDENTS IN BLACK HISTORY AS PERMITTED BY LAW.

Rep. CROMER spoke in favor of the Bill.

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

Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Yeas 102; Nays 2

Those who voted in the affirmative are:

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

Total--102

Those who voted in the negative are:

Pinckney               Whipper

Total--2

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

RECURRENCE TO THE MORNING HOUR

Rep. YOUNG-BRICKELL moved that the House recur to the morning hour, which was agreed to.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 3643 -- Reps. Young-Brickell, Bailey, Cobb-Hunter, Chellis and Harrell: A BILL TO ESTABLISH THE DORCHESTER COUNTY BOARD OF ELECTIONS AND REGISTRATION AND PROVIDE FOR ITS MEMBERSHIP AND GOVERNANCE, AND TO ABOLISH THE DORCHESTER COUNTY ELECTION COMMISSION AND THE DORCHESTER COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS POWERS AND DUTIES IN THE BOARD ESTABLISHED BY THIS ACT.

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

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3627 -- Reps. Knotts, Bauer, Gamble, Koon, Riser, Spearman, Stuart, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, 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, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, 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, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stoddard, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND THANKING DEPUTY GREG SMITH OF THE LEXINGTON COUNTY SHERIFF'S OFFICE AND TERRY ALEXANDER OF THE STATE LAW ENFORCEMENT DIVISION (SLED) FOR THEIR EFFORTS IN RESOLVING THE ST. JOHN BAPTIST CHURCH INVESTIGATION.

H. 3630 -- Reps. Harvin and Cato: A CONCURRENT RESOLUTION COMMENDING AND THANKING CECIL W. THOMAS FOR HIS MANY YEARS OF DEDICATED AND EXCELLENT SERVICE TO THE SOUTH CAROLINA DEPARTMENT OF INSURANCE AND STATE GOVERNMENT AND WISHING HIM HAPPINESS FOLLOWING HIS RETIREMENT.

H. 3631 -- Rep. Miller: A CONCURRENT RESOLUTION COMMENDING MICHEL GRAYDON FOR HER OUTSTANDING CONTRIBUTIONS TO THE GEORGETOWN COMMUNITY AND GEORGETOWN COUNTY IN THE AREAS OF HISTORY AND THE ARTS.

H. 3639 -- Reps. Klauber, Carnell, Parks and Stille: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF SOUTH CAROLINA HIGHWAY PATROLMAN SERGEANT FIRST CLASS JAMES D. SHAY OF GREENWOOD COUNTY UPON HIS DEATH.

H. 3640 -- Reps. Klauber, Carnell, Parks and Stille: A CONCURRENT RESOLUTION CONGRATULATING THE MEN'S TENNIS TEAM OF LANDER UNIVERSITY ON WINNING THE 1996 NCAA DIVISION II NATIONAL CHAMPIONSHIP.

ADJOURNMENT

At 11:30 A.M. the House in accordance with the motion of Rep. G. BROWN adjourned in memory of James Robert "Robbie" Stokes, Jr. of Cedar Creek, to meet at 10:00 A.M. tomorrow.

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