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

TUESDAY, FEBRUARY 3, 1998

Tuesday, February 3, 1998
(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:

God, our Heavenly Father, we bow in Your presence with a sense of our oneness before our God. Endue with Your wisdom our fallible minds. Give us the stature to match the opportunities of the days in which our lots are cast. Distill upon our restless spirits the dews of quietness and tranquility, that in simple trust and deeper reverence we may be found steadfast, always abounding in the work of the Lord, knowing that in Him and for Him our labors are not in vain. Feed our minds with Your truths, guide our feet in the way of uprightness.

Give us the peace that passes all understanding. Amen.

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

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

MOTION ADOPTED

Rep. PHILLIPS moved that when the House adjourns, it adjourn in memory of J. Arthur Bridges of Cherokee County, which was agreed to.

REGULATIONS RECEIVED

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

Document No. 2277
Promulgated By Department of Labor, Licensing and Regulation - Manfactured Housing Board
Statutory Authority: 1976 Code Section 4-29-50
Manufactured Housing
Received By Speaker January 29, 1998
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date May 29, 1998

Document No. 2272
Promulgated By Department of Labor, Licensing and Regulation - Board of Medical Examiners
Statutory Authority: 1976 Code Section 40-47-20
Initial Complaint; Formal Complaint; Duty of the Panel; Review by the Board; Duty of Board after Review; Appeal of Decision; Proceedings Private Until Filed; Administrator is Agent for Service of Notices on Non-resident Physicians; Investigations and Injunctions; Docket of Complaints; Confidentiality of Disciplinary Proceedings; Final Orders of the Board; Content of Petition for Reinstatement; Board's Report to be Filed; Procedure Thereupon; Investigation at Instance of Board or Commission Members; Procedure Thereunder
Received By Speaker January 29, 1998
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date May 29, 1998

Document No. 2274
Promulgated By Department of Labor, Licensing and Regulation - State Board of Registration for Professional Engineers and Land Surveyors
Statutory Authority: 1976 Code Section 40-22-130
Re-Examination
Received By Speaker January 29, 1998
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date May 29, 1998

Document No. 2273
Promulgated By Department of Labor, Licensing and Regulation - State Athletic Commission
Statutory Authority: 1976 Code Section 52-7-30
Boxing
Received By Speaker February 3, 1998
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date June 3, 1998

Document No. 2270
Promulgated By Department of Labor, Licensing and Regulation - Board of Examiners in Speech-Language Pathology and Audiology
Statutory Authority: 1976 Code Section 40-67-10
General Licensing Provisions; Pathology Assistants; Supervised Professional Employment; Audiology License - Hearing Aid Dispensing; Continuing Education; Code of Ethics
Received By Speaker February 3, 1998
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date June 3, 1998

Document No. 2282
Promulgated By Department of Labor, Licensing and Regulation - Building Codes Council
Statutory Authority: 1976 Code Section 6-8-20
Definitions; Registration Required; Classifications Requiring Registration; Maximum Time for Registration; Application Required; Qualifications for Certification; Exemptions; Registration Renewal; Fees; Continuing Education; Powers of Council; Conflict of Interest; Denial, Suspension and Revocation; Preferring of Charges and Hearing; Appeal from Action of Council; Registration Reinstatement and Replacement; Penalties; Injunction
Received By Speaker February 3, 1998
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date June 3, 1998

CONCURRENT RESOLUTION

The following was introduced:

H. 4555 -- Reps. Klauber and Carnell: A CONCURRENT RESOLUTION RECOGNIZING AND SALUTING PARK SEED COMPANY OF GREENWOOD FOR ITS "SEEDS IN SPACE II" PROGRAM AND COMMENDING THE COMPANY FOR ITS MANY ACCOMPLISHMENTS OVER THE YEARS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4556 -- Reps. Wilkins, Harrison, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE PEDEN B. MCLEOD OF COLLETON COUNTY FOR HIS OUTSTANDING LEADERSHIP AS CODE COMMISSIONER AND DIRECTOR OF THE LEGISLATIVE COUNCIL, EXPRESSING DEEPEST APPRECIATION TO HIM FOR HIS MANY YEARS OF DEDICATED AND EXCELLENT PUBLIC SERVICE, AND EXTENDING BEST WISHES TO HIM UPON HIS RETIREMENT; AND DESIGNATING HIM "SOUTH CAROLINA CODE COMMISSIONER EMERITUS".

Whereas, the Honorable Peden B. McLeod has served as Code Commissioner and Director of the Legislative Council since October of 1990 and will retire from that position and from state governmental service on February 16, 1998; and

Whereas, Commissioner McLeod's service to the members of the General Assembly as Code Commissioner and Director of the Legislative Council has been outstanding and is greatly appreciated; he always stood ready to assist the General Assembly in its work in innumerable ways, and indeed, the work of the Senate and the House of Representatives was successful in great measure because of his efforts and contributions; and

Whereas, he graduated from Wofford College in 1962 and from the University of South Carolina School of Law in 1967; he has for more than thirty years been a leading member of the South Carolina Bar; he has served as Chairman of the Board of Directors of the Bank of Walterboro; he is a permanent member of the United States Fourth Judicial Circuit Conference; he was a member of the House of Delegates for the South Carolina Bar from 1975 to 1983; and he served as a member of the Walterboro City Council from 1970 to 1972; and

Whereas, he was Commander of Post 93 of the American Legion from 1971 to 1972 and District Chairman of the Boy Scouts of America from 1967 to 1971; he was a member of the South Carolina Law Review and the Society of the Wig and Robe during his law school years; and he received the Jaycees Distinguished Service Award in 1972; and

Whereas, Commissioner McLeod also had a distinguished career in the General Assembly; he was elected to the House of Representatives in 1972 from Colleton County and served as Assistant Majority Leader from 1977 to 1979; he was Chairman of the Joint Appropriations Review Committee from 1978 to 1979; he was elected to the Senate in 1979, became Chairman of the Senate Medical Affairs Committee, and remained in the Senate until October 1, 1990, when he became Code Commissioner and Director of the Legislative Council; in the latter capacity, he was a Commissioner of the National Conference of Commissioners on Uniform State Laws, Secretary of the Judicial Council of the State of South Carolina, and Commissioner of the Constitutional Ballot Commission; and

Whereas, his long career of public service is known for excellence, self-sacrifice, dedication, vision, and hard work; he has always sought to do what is right and best for South Carolina; and his efforts will forever be remembered and appreciated. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, highly commends the Honorable Peden B. McLeod of Colleton County for his outstanding leadership as Code Commissioner and Director of the Legislative Council, expresses deepest gratitude to him for his many years of dedicated and excellent public service, and extends best wishes to him upon his retirement.

Be it further resolved that the General Assembly designates the Honorable Peden B. McLeod "South Carolina Code Commissioner Emeritus" in recognition of his outstanding career of service to his community, State, and nation.

Be it further resolved that a copy of this resolution be forwarded to the Honorable Peden B. McLeod.

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

INTRODUCTION OF BILLS

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

H. 4557 -- Rep. Davenport: A BILL TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED ACTS AND PENALTIES IN CONNECTION WITH POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, SO AS TO REMOVE COCAINE FROM THE PENALTY AND PRIMA FACIE EVIDENCE PROVISIONS OF SECTION 44-53-370 AS THEY RELATE TO THE OFFENSES OF UNLAWFUL POSSESSION OF COCAINE, AND POSSESSION OF COCAINE WITH INTENT TO DISTRIBUTE; AND TO AMEND SECTION 44-53-375, AS AMENDED, RELATING TO PROHIBITED ACTS AND PENALTIES IN CONNECTION WITH POSSESSION, DISTRIBUTION, AND MANUFACTURE OF ICE, CRANK, AND CRACK COCAINE, SO AS TO EQUALIZE THE PENALTIES FOR UNLAWFUL POSSESSION OF COCAINE AND CRACK COCAINE AND THE PENALTIES FOR POSSESSION OF COCAINE AND CRACK COCAINE WITH INTENT TO DISTRIBUTE BY INCLUDING COCAINE IN THE PENALTY AND PRIMA FACIE EVIDENCE PROVISIONS OF SECTION 44-53-375.

Referred to Committee on Judiciary.

H. 4558 -- Reps. Haskins, Altman, Barfield, Campsen, Davenport, Delleney, Hamilton, Leach, Loftis, Riser, Robinson, Sandifer, Sharpe, Simrill, R. Smith, Hinson, Jordan, Koon, Littlejohn, Cooper and Easterday: A BILL TO AMEND TITLE 1, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING ARTICLE 5, SO AS TO ENACT THE RIGHT TO LIFE ACT OF SOUTH CAROLINA WHICH ESTABLISHES THAT THE RIGHT TO DUE PROCESS VESTS AT FERTILIZATION.

Referred to Committee on Judiciary.

S. 388 -- Senator Mescher: A BILL TO AMEND ARTICLE 1, CHAPTER 13, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-237 SO AS TO ESTABLISH LIMITS ON BLACK BASS TAKEN FROM LAKES MARION AND MOULTRIE AND IN CERTAIN PORTIONS OF THE SANTEE RIVER; AND BY AMENDING SECTION 50-13-210 OF THE 1976 CODE, RELATING TO DAILY CREEL LIMITS ON FISH, SO AS TO CONFORM IT WITH LIMITS ON BLACK BASS FROM LAKES MARION AND MOULTRIE AND IN CERTAIN PORTIONS OF THE SANTEE RIVER.

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

S. 835 -- Senators Peeler and Reese: A BILL TO REPEAL SECTION 50-1-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR REPORTING OF HUNTING ACCIDENTS.

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

ROLL CALL

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

Allison                Altman                 Bailey
Barrett                Battle                 Bauer
Baxley                 Beck                   Boan
Bowers                 Breeland               Brown, G.
Brown, J.              Campsen                Carnell
Cato                   Cave                   Chellis
Clyburn                Cobb-Hunter            Cooper
Cromer                 Dantzler               Davenport
Delleney               Easterday              Fleming
Gamble                 Gourdine               Govan
Hamilton               Harris                 Harrison
Harvin                 Haskins                Hawkins
Hines, J.              Hines, M.              Hinson
Howard                 Inabinett              Jordan
Keegan                 Kelley                 Kennedy
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Mack                   Martin                 Mason
McAbee                 McGee                  McKay
McLeod                 McMahand               Meacham
Miller                 Moody-Lawrence         Neal
Phillips               Pinckney               Quinn
Rhoad                  Riser                  Robinson
Rodgers                Sandifer               Scott
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, R.              Stille
Stoddard               Stuart                 Townsend
Trotter                Vaughn                 Walker
Whatley                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, February 3.

Daniel L. Tripp                   J. Cordell Maddox, Jr.
Harry R. Askins                   Robert W. Harrell, Jr.
Tracy Edge                        Henry E. Brown, Jr.
James Emerson Smith, Jr.          Denny W. Neilson
Alma W. Byrd                      James N. Law
Fletcher Nathaniel Smith, Jr.     Jackson S. Whipper
E. DeWitt McCraw                  Liston D. Barfield
Rex Fontaine Rice                 Lynn Seithel
Bill Cotty                        Joe McMaster
Byron K . Webb                    Douglas Jennings, Jr.
Theodore A. Brown                 John G. Felder
Total Present--120

LEAVES OF ABSENCE

The SPEAKER granted Rep. WEBB a temporary leave of absence.

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

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

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

The SPEAKER granted Reps. F. SMITH and McCRAW a temporary leave of absence.

DOCTOR OF THE DAY

Announcement was made that Drs. Roger Gaddy of Winnsboro and Duren Johnson of Lancaster are the Doctors of the Day for the General Assembly.

H. 4412--CO-SPONSOR ADDED

In accordance with House Rule 5.2 below:

"5.2     Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

BILL NUMBER: H. 4412

DATE         ADD:

2/3/98             J.M. Knotts, Jr.

H. 4498--CO-SPONSOR ADDED

BILL NUMBER: H. 4498

DATE         ADD:

2/3/98             J.M. Knotts, Jr.

H. 3605--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., January 29, 1998
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3605:
H. 3605 -- Reps. Sharpe and Harrison: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDIA OF PAYMENT OF TAXES COLLECTED BY COUNTY TREASURERS, SO AS TO PROVIDE FOR THE COLLECTION OF CHECKS TENDERED IN PAYMENT OF COUNTY AND MUNICIPAL TAXES THAT ARE DISHONORED BY THE DRAWEE BANK OR FINANCIAL INSTITUTION OR OTHERWISE RETURNED TO THE TREASURER UNPAID, TO PROVIDE THAT PAYMENT OF CHECKS TENDERED AS PAYMENT FOR COUNTY OR MUNICIPAL TAXES THAT ARE DISHONORED OR RETURNED UNPAID BY THE DRAWEE BANK OR FINANCIAL INSTITUTION MAY BE ENFORCED IN THE MANNER PRESCRIBED BY CHAPTER 11, TITLE 34, SO LONG AS NO PERSON SHALL BE TWICE PUT IN JEOPARDY FOR THE SAME OFFENSE, TO PROVIDE THAT COUNTY OR MUNICIPAL TAXES REMAINING UNPAID AS A RESULT OF THE DISHONOR OR RETURN OF A CHECK BY THE DRAWEE BANK REMAIN A LIEN ON PROPERTY SUBJECT TO THE TAX UNTIL THE TAXES AND ALL PENALTIES, INTEREST AND OTHER CHARGES DUE THEREON ARE PAID IN FULL, AND TO PROVIDE THAT THE REMEDIES PROVIDED BY THIS SECTION ARE CUMULATIVE TO ALL OTHER REMEDIES PROVIDED BY LAW FOR THE COLLECTION OF TAXES.
and asks for a Committee of Conference and has appointed Senators Passailaigue, Setzler and Hayes of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. McKAY, KEEGAN and HARRISON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

S. 380 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-25-315 SO AS TO PROVIDE FOR EMERGENCY CEASE AND DESIST ORDERS TO PREVENT THE UNAUTHORIZED TRANSACTION OF INSURANCE BUSINESS WITHIN THIS STATE AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 38-2-10, AS AMENDED, RELATING TO INSURANCE AND ADMINISTRATIVE PENALTIES, SO AS TO PROVIDE THAT TEN PERCENT OF THE AMOUNT COLLECTED AS PENALTIES MUST BE RETAINED BY THE DEPARTMENT OF INSURANCE AND CONSIDERED "OTHER FUNDS", REQUIRE THE DEPARTMENT TO SUBMIT AN ANNUAL REPORT FOR CERTAIN PURPOSES, AND ALLOW THESE COLLECTED FUNDS TO BE CARRIED FORWARD INTO SUCCEEDING FISCAL YEARS; AND TO AMEND SECTION 38-25-330, AS AMENDED, RELATING TO THE PENALTY FOR VIOLATING CHAPTER 25, TITLE 38 ON THE UNAUTHORIZED TRANSACTION OF INSURANCE BUSINESS, SO AS TO REQUIRE A WILFULL VIOLATION BEFORE A CONVICTION MAY BE HAD OR A PENALTY IMPOSED, AND CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY.

S. 204 -- Senator Courson: A BILL TO AMEND SECTION 38-45-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACING INSURANCE WITH A SURPLUS LINES INSURER, SO AS TO CHANGE FROM TWENTY TO THIRTY THE NUMBER OF DAYS WITHIN WHICH A BROKER MUST FILE A WRITTEN REQUEST WITH THE DEPARTMENT OF INSURANCE FOR APPROVAL OF THE PLACEMENT.

SENT TO THE SENATE

The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.

H. 4401 -- Reps. D. Smith, Harrison, Young, Baxley, McMaster, Wilkins and Delleney: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A BILL OF RIGHTS FOR CRIME VICTIMS, SO AS TO PROVIDE THAT REQUIREMENTS THAT VICTIMS OF CRIMES BE NOTIFIED AND INFORMED OF THEIR RIGHTS AND PRIVILEGES CONFERRED UPON THEM UNDER THIS SECTION DO NOT APPLY TO CRIMES THE GENERAL ASSEMBLY BY LAW EXCLUDES FROM THESE REQUIREMENTS, AND TO PERMIT THE GENERAL ASSEMBLY BY LAW TO FURTHER DEFINE THE TERM "VICTIM" FOR PURPOSES OF THIS SECTION TO STIPULATE THE SPECIFIC INDIVIDUALS TO WHOM THIS SECTION APPLIES.

H. 3617--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3617 -- Reps. Mason, Felder, Knotts, Easterday, R. Smith, Bailey, Sandifer, Seithel, Stoddard, Vaughn, Haskins, McMahand, F. Smith, Cato, Walker, Kelley, Phillips, Littlejohn, Beck, Hawkins, Sharpe, Young-Brickell, Hamilton, Koon, Lanford, Lloyd, Cave, Barfield, Young, Miller, Kirsh, Martin, Riser, McLeod, McCraw and Jordan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-745 SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON THROUGH 'CLONING' TO GROW OR CREATE A HUMAN BEING OR TO CONSPIRE TO DO SO, TO DEFINE CLONING FOR THIS PURPOSE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15345AC.98), which was adopted.

Amend the bill, as and if amended, page 1, by deleting Section 16-17-745(E) and inserting:

/(E)     No state funds may be expended to clone a human being./

Renumber sections to conform.

Amend title to conform.

Rep. WILDER explained the amendment.

The amendment was then adopted.

Rep. LIMEHOUSE proposed the following Amendment No. 3 (Doc Name P:\AMEND\GJK\21103AC.98), which was adopted.

Amend the bill, as and if amended, in Section 16-17-745 by adding at the end:

/(F)     A license to practice a profession or occupation issued by a board, agency, or department of this State must be suspended immediately if the licensee violates subsection (A) while engaging in that profession or occupation./

Renumber sections to conform.

Amend totals and title to conform.

Rep. LIMEHOUSE explained the amendment.

The amendment was then adopted.

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

ORDERED TO THIRD READING

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

H. 4063 -- Rep. Harrison: A BILL TO AMEND SECTIONS 44-9-90 AND 44-9-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, SO AS TO DELETE THE PROVISION REQUIRING THE COMMISSION TO COLLECT STATISTICS ON AND PROMULGATE REGULATIONS FOR PERSONS WITH MENTAL DEFICIENCIES OR EPILEPSY; TO AMEND SECTION 44-15-50 RELATING TO LIMITATIONS ON GRANTS THAT MAY BE AWARDED TO LOCAL MENTAL HEALTH PROGRAMS, SO AS TO DELETE LIMITS TIED TO 1974-75 EXPENDITURES; TO AMEND SECTION 44-15-80, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF MENTAL HEALTH, SO AS TO FURTHER AUTHORIZE ACCESS TO TREATMENT FOR THOSE UNABLE TO PAY; TO AMEND SECTION 44-17-410, AS AMENDED, RELATING TO PROCEDURES FOR EMERGENCY MENTAL HEALTH ADMISSIONS, SO AS TO REVISE CERTAIN ASPECTS OF THESE PROCEDURES; TO AMEND SECTION 44-17-540, AS AMENDED, AND SECTION 44-17-580, RELATING TO JUDICIAL HEARINGS CONCERNING COMMITMENT SO AS TO CLARIFY WHEN A PETITION SEEKING COMMITMENT MUST BE DISMISSED; TO AMEND SECTION 44-22-150, AS AMENDED, RELATING TO RESTRAINING MENTAL HEALTH PATIENTS, SO AS TO DEFINE THE TERM 'RESTRAINT'; AND TO AMEND SECTION 44-23-1100 RELATING TO CONFIDENTIALITY OF PROBATE RECORDS ON MENTAL HEALTH PATIENTS, SO AS TO CHANGE WHAT STANDARDS AND PROCEDURES APPLY.

Rep. CAVE explained the Bill.

H. 4412 -- Reps. Kelley, Sandifer, Woodrum, Barfield, Robinson, Edge, Keegan, Cotty, Witherspoon, Riser, Barrett and Knotts: A BILL TO AMEND SECTION 17-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELEASE ON PERSONAL RECOGNIZANCE, SO AS TO PROVIDE THAT A PERSON CHARGED WITH A MAGISTRATE'S COURT OR MUNICIPAL COURT OFFENSE MAY WAIVE HIS APPEARANCE BEFORE THE COURT AND POST A BOND IN AN AMOUNT PREVIOUSLY APPROVED BY THE COURT.

Rep. HARRISON explained the Bill.

H. 4303--REQUESTS FOR DEBATE

The following Joint Resolution was taken up.

H. 4303 -- Reps. Inabinett, Govan, Jordan, Maddox, Cromer, Kennedy, Whipper, Campsen, Tripp, Jennings, J. Hines, Breeland, Cobb-Hunter, Robinson, Pinckney, Neal, Miller, Cotty, Baxley and Parks: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 33 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MARRIAGES OF WHITES AND NEGROES AND THE AGE OF CONSENT FOR AN UNMARRIED WOMAN, SO AS TO DELETE THE PROVISION MAKING MARRIAGE OF WHITES AND NEGROES UNLAWFUL.

Reps. HARRISON, YOUNG, WOODRUM, SCOTT, McGEE, BARRETT, JORDAN, HOWARD, McMAHAND and LEE requested debate on the Joint Resolution.

S. 220--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill, which was adopted.

S. 220 -- Senator Hayes: A BILL TO AMEND SECTION 15-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABATEMENT OF NUISANCES, SO AS TO INCLUDE THE USE OF BUILDINGS OR PLACES FOR GAMBLING, ILLEGAL POSSESSION OR SALE OF ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES, AND CONTINUOUS BREACH OF THE PEACE AS A NUISANCE SUBJECT TO ABATEMENT.

H. 4535--REQUESTS FOR DEBATE

The following Bill was taken up.

H. 4535 -- Ways and Means Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 149 SO AS TO ESTABLISH LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS UNDER WHICH THE STATE OF SOUTH CAROLINA SHALL PROVIDE SCHOLARSHIPS TO COVER THE COST OF ATTENDANCE UP TO SPECIFIED LIMITS TO ELIGIBLE RESIDENT STUDENTS ATTENDING ACCREDITED PUBLIC OR INDEPENDENT TWO-YEAR AND FOUR-YEAR INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND TECHNICAL COLLEGES.

Reps. BOAN, ALLISON, KENNEDY, YOUNG-BRICKELL, SANDIFER, TROTTER, CHELLIS, BAILEY, MASON, ALTMAN, BARRETT, HINSON, CAVE, PINCKNEY and R. SMITH requested debate on the Bill.

S. 928--ORDERED TO THIRD READING

The following Joint Resolution was taken up.

S. 928 -- Senators Lander, Waldrep, McConnell and Courtney: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A BILL OF RIGHTS FOR CRIME VICTIMS, SO AS TO PROVIDE THAT REQUIREMENTS THAT VICTIMS OF CRIMES BE NOTIFIED AND INFORMED OF THEIR RIGHTS AND PRIVILEGES CONFERRED UPON THEM UNDER THIS SECTION DO NOT APPLY TO CRIMES THE GENERAL ASSEMBLY BY LAW EXCLUDES FROM THESE REQUIREMENTS, AND TO PERMIT THE GENERAL ASSEMBLY BY LAW TO FURTHER DEFINE THE TERM "VICTIM" FOR PURPOSES OF THIS SECTION TO STIPULATE THE SPECIFIC INDIVIDUALS TO WHOM THIS SECTION APPLIES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION     1.     It is proposed that Section 24, Article I of the Constitution of this State is amended by adding a new subsection (D) to read:

"(D)     For purposes of this section, victims of any misdemeanor or felony under the laws of this State or at common law must be notified of or provided with the information required by this section unless the General Assembly by law excludes particular misdemeanors or felonies from these notification provisions. The terms 'crime', 'criminal conduct', 'charge', or any variations thereof in another context as used herein shall mean all misdemeanors and felonies under the laws of this State or at common law except those crimes the General Assembly specifically excludes from the notification provisions of this section. The General Assembly is also authorized by law to further define the term 'victim' for purposes of this section to stipulate the specific individuals to whom this section applies."

SECTION     2.     The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 24, Article I of the Constitution of this State relating to a bill of rights for crime victims be amended so as to provide that requirements that victims of crimes be notified and informed of their rights and privileges conferred upon them under this section do not apply to crimes the General Assembly by law excludes from these requirements, and to permit the General Assembly by law to further define the term 'victim' for purposes of this section to stipulate the specific individuals to whom the section applies?

Yes     _
No     _

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Rep. YOUNG explained the Joint Resolution.

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Yeas 104; Nays 0

Those who voted in the affirmative are:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Battle                 Bauer                  Baxley
Beck                   Boan                   Bowers
Breeland               Brown, H.              Brown, J.
Byrd                   Campsen                Carnell
Cato                   Cave                   Chellis
Clyburn                Cooper                 Cromer
Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming
Gamble                 Gourdine               Govan
Hamilton               Harrell                Harris
Harrison               Harvin                 Haskins
Hawkins                Hines, J.              Hines, M.
Hinson                 Howard                 Inabinett
Jordan                 Keegan                 Kelley
Kennedy                Kinon                  Kirsh
Klauber                Knotts                 Koon
Lanford                Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Mack                   Maddox
Martin                 Mason                  McAbee
McGee                  McKay                  McLeod
Meacham                Miller                 Moody-Lawrence
Neal                   Neilson                Phillips
Pinckney               Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sheheen                Simrill                Smith, D.
Smith, J.              Smith, R.              Stille
Stoddard               Stuart                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Whatley                Wilder
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--104

Those who voted in the negative are:

Total--0

So, the Joint Resolution having received the necessary two-thirds vote, was passed and ordered to third reading.

MOTION PERIOD

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

H. 4115--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill, which was adopted.

H. 4115 -- Reps. Limbaugh, Harrison, Wilkins, D. Smith and Knotts: A BILL TO AMEND CHAPTER 13, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-5 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.

H. 3968--COMMITTED

The following Bill was taken up.

H. 3968 -- Reps. Simrill, Kirsh, Meacham and Moody-Lawrence: A BILL TO ALLOW THE YORK COUNTY LEGISLATIVE DELEGATION THE AUTHORITY TO OVERRIDE A DECISION OF THE DEPARTMENT OF TRANSPORTATION CONCERNING THE PLACEMENT OF ELECTRICAL TRAFFIC-CONTROL DEVICES.

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

H. 3784--DEBATE ADJOURNED

Rep. HASKINS moved to adjourn debate upon the following Bill until Tuesday, February 10, which was adopted.

H. 3784 -- Reps. Haskins, Jordan, Neal, H. Brown, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Bowers, G. Brown, Byrd, Cato, Cave, Clyburn, Cobb-Hunter, Cooper, Davenport, Edge, Fleming, Hamilton, J. Hines, M. Hines, Hodges, Howard, Jennings, Kelley, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Maddox, McCraw, McKay, Meacham, Miller, Parks, Phillips, Pinckney, Quinn, Rice, Riser, Robinson, Sandifer, Scott, Sharpe, Simrill, F. Smith, R. Smith, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Whipper, Woodrum, Young and Govan: A BILL TO AMEND CHAPTER 45, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF PHYSICAL THERAPISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICAL THERAPISTS INCLUDING, BUT NOT LIMITED TO, DELETING THE REQUIREMENT FOR TREATMENT BY PRESCRIPTION OF A PHYSICIAN OR DENTIST, CLARIFYING THE SCOPE OF PRACTICE, PROHIBITING, RECEIVING, OR IN ANY WAY PARTICIPATING IN REFUNDING FEES FOR PATIENT REFERRALS, REVISING REQUIREMENTS FOR LICENSEES NOT GRADUATING FROM AN APPROVED SCHOOL, ESTABLISHING PROVISIONAL LICENSES AND BIENNIAL LICENSURE, REQUIRING CONTINUING EDUCATION FOR RENEWAL, PROVIDING A CIVIL PENALTY, AND INCREASING CRIMINAL PENALTIES.

H. 4303--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Joint Resolution, which was adopted.

H. 4303 -- Reps. Inabinett, Govan, Jordan, Maddox, Cromer, Kennedy, Whipper, Campsen, Tripp, Jennings, J. Hines, Breeland, Cobb-Hunter, Robinson, Pinckney, Neal, Miller, Cotty, Baxley and Parks: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 33 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MARRIAGES OF WHITES AND NEGROES AND THE AGE OF CONSENT FOR AN UNMARRIED WOMAN, SO AS TO DELETE THE PROVISION MAKING MARRIAGE OF WHITES AND NEGROES UNLAWFUL.

H. 4535--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

H. 4535 -- Ways and Means Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 149 SO AS TO ESTABLISH LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS UNDER WHICH THE STATE OF SOUTH CAROLINA SHALL PROVIDE SCHOLARSHIPS TO COVER THE COST OF ATTENDANCE UP TO SPECIFIED LIMITS TO ELIGIBLE RESIDENT STUDENTS ATTENDING ACCREDITED PUBLIC OR INDEPENDENT TWO-YEAR AND FOUR-YEAR INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND TECHNICAL COLLEGES.

Rep. BOAN proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21099SD.98), which was adopted.

Amend the bill, as and if amended, in Section 59-149-20 of the 1976 Code, as contained in SECTION 1, by striking subsection (B) thereof which begins on line 7, page 2, and inserting:

/(B)     A student attending such a public or independent institution of this State and who is seeking a LIFE scholarship as a freshman meets the residency requirements of this chapter if he meets the requirements of Section 59-149-50(A) in regard to high school or home school graduation requirements and is classified as a resident of South Carolina for in-state tuition purposes under Chapter 112 of this title at the time of enrollment at the institution./

Amend the bill further , as and if amended, in Section 59-149-50 of the 1976 Code, as contained in SECTION 1 by striking the first sentence of subsection (A) which begins on line 26, page 2, and inserting:

/To be eligible for a LIFE scholarship for the freshman year, a student must be either a member of a class graduating from a high school located in this State on or after May, 1997, a home school student who has successfully completed a high school home school program in this State in the manner required by law on or after May, 1997, or a student graduating from a preparatory high school outside this State on or after May, 1997, while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent./

Renumber sections to conform.

Amend totals and title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. STUART proposed the following Amendment No. 2 (Doc Name P:\AMEND\JIC\5205MM.98), which was tabled.

Amend the bill, as and if amended, Section 59-149-50, as contained in SECTION 1, page 3, by adding at line 21:

/(E)     In addition to all other eligibility requirements for the LIFE scholarship, each recipient shall undertake and provide documentatin of at least fifty hours of community service each year he is in receipt of the scholarship./

Amend title to conform.

Rep. STUART explained the amendment.

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

Rep. HASKINS proposed the following Amendment No. 3 (Doc Name P:\AMEND\GJK\21130HTC.98), which was adopted.

Amend the bill, as and if amended, by inserting immediately after /State/ before the comma, on line 39, page 1, /and four-year colleges and universities chartered prior to 1962 whose main campus is located in this State/; and by inserting after /colleges./ on line 42, page 1, /Notwithstanding the above provisions of this section specifically excluded from those institutions eligible to receive LIFE scholarship funds under the provisions of this chapter are colleges and universities whose primary purpose is religious or theological training and the granting of professional degrees, for-profit institutions chartered after 1961, and institutions whose main campus is located out of this State./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HASKINS explained the amendment.

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

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

Yeas 49; Nays 64

Those who voted in the affirmative are:

Bailey                 Barfield               Battle
Baxley                 Boan                   Breeland
Brown, G.              Brown, J.              Brown, T.
Byrd                   Cave                   Clyburn
Cobb-Hunter            Edge                   Gourdine
Govan                  Hines, J.              Hines, M.
Howard                 Keegan                 Kelley
Kennedy                Kinon                  Kirsh
Lee                    Lloyd                  Mack
Maddox                 McKay                  McLeod
McMahand               McMaster               Miller
Moody-Lawrence         Neal                   Neilson
Pinckney               Rhoad                  Riser
Rodgers                Sandifer               Scott
Sheheen                Smith, J.              Stille
Stuart                 Wilder                 Wilkes
Witherspoon

Total--49

Those who voted in the negative are:

Allison                Altman                 Askins
Barrett                Bauer                  Beck
Brown, H.              Campsen                Carnell
Cato                   Chellis                Cooper
Cotty                  Cromer                 Dantzler
Davenport              Delleney               Easterday
Fleming                Gamble                 Hamilton
Harrell                Harris                 Harrison
Harvin                 Haskins                Hawkins
Hinson                 Inabinett              Jordan
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Limehouse              Littlejohn             Loftis
Martin                 Mason                  McAbee
McGee                  Meacham                Phillips
Quinn                  Rice                   Robinson
Seithel                Sharpe                 Simrill
Smith, D.              Smith, R.              Stoddard
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Whatley
Wilkins                Woodrum                Young
Young-Brickell

Total--64

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 63; Nays 51

Those who voted in the affirmative are:

Allison                Altman                 Barrett
Bauer                  Beck                   Brown, H.
Campsen                Carnell                Cato
Chellis                Cooper                 Cromer
Dantzler               Davenport              Delleney
Easterday              Fleming                Gamble
Hamilton               Harrell                Harris
Harrison               Harvin                 Haskins
Hawkins                Hinson                 Jordan
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Limehouse              Littlejohn             Loftis
Maddox                 Martin                 Mason
McAbee                 McGee                  Meacham
Phillips               Quinn                  Rice
Robinson               Sandifer               Seithel
Sharpe                 Simrill                Smith, D.
Smith, R.              Stoddard               Townsend
Tripp                  Trotter                Vaughn
Walker                 Whatley                Wilkins
Woodrum                Young                  Young-Brickell

Total--63

Those who voted in the negative are:

Askins                 Bailey                 Barfield
Battle                 Baxley                 Boan
Breeland               Brown, G.              Brown, J.
Brown, T.              Byrd                   Cave
Clyburn                Cobb-Hunter            Cotty
Edge                   Gourdine               Govan
Hines, J.              Hines, M.              Howard
Keegan                 Kelley                 Kennedy
Kinon                  Kirsh                  Lee
Lloyd                  Mack                   McKay
McLeod                 McMahand               McMaster
Miller                 Moody-Lawrence         Neal
Neilson                Pinckney               Rhoad
Riser                  Rodgers                Scott
Sheheen                Smith, F.              Smith, J.
Stille                 Stuart                 Webb
Wilder                 Wilkes                 Witherspoon

Total--51

So, the amendment was adopted.

Rep. BOAN moved that the House recede until 2:45 P.M., which was adopted.

Further proceedings were interrupted by the House receding, the pending question being consideration of amendments.

THE HOUSE RESUMES

At 2:45 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised. A quorum was later present.

LEAVE OF ABSENCE

The SPEAKER granted Rep. WOODRUM a leave of absence.

H. 4535--AMENDED AND ORDERED TO THIRD READING

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

H. 4535 -- Ways and Means Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 149 SO AS TO ESTABLISH LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS UNDER WHICH THE STATE OF SOUTH CAROLINA SHALL PROVIDE SCHOLARSHIPS TO COVER THE COST OF ATTENDANCE UP TO SPECIFIED LIMITS TO ELIGIBLE RESIDENT STUDENTS ATTENDING ACCREDITED PUBLIC OR INDEPENDENT TWO-YEAR AND FOUR-YEAR INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND TECHNICAL COLLEGES.

Reps. VAUGHN and ALLISON proposed the following Amendment No. 4 (Doc Name P:\AMEND\GJK\21124SD.98), which was tabled.

Amend the bill, as and if amended, Section 59-149-10 of the 1976 Code, as contained in SECTION 1, by striking the second sentence and inserting: /These scholarships shall be scholarships to cover the cost of attendance as defined by the Commission on Higher Education by regulation up to a maximum of two thousand dollars a year to eligible resident students attending Southern Association of Colleges and Schools (SACS) accredited public or independent two-year or four-year colleges and universities in this State and technical colleges./

Renumber sections to conform.

Amend totals and title to conform.

Rep. VAUGHN explained the amendment.

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

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

Yeas 66; Nays 29

Those who voted in the affirmative are:

Bailey                 Barrett                Battle
Bauer                  Baxley                 Beck
Boan                   Breeland               Brown, G.
Brown, H.              Brown, J.              Byrd
Campsen                Cave                   Chellis
Cotty                  Cromer                 Dantzler
Gamble                 Gourdine               Harrell
Harris                 Harrison               Hines, J.
Hines, M.              Hinson                 Howard
Inabinett              Jennings               Jordan
Keegan                 Kennedy                Kinon
Kirsh                  Koon                   Law
Lloyd                  Mack                   Maddox
McGee                  McMahand               McMaster
Moody-Lawrence         Neal                   Neilson
Phillips               Rhoad                  Riser
Rodgers                Sandifer               Scott
Seithel                Sheheen                Simrill
Smith, J.              Smith, R.              Stille
Stoddard               Stuart                 Webb
Whatley                Wilder                 Wilkins
Witherspoon            Young                  Young-Brickell

Total--66

Those who voted in the negative are:

Allison                Altman                 Barfield
Bowers                 Brown, T.              Carnell
Cato                   Clyburn                Cooper
Davenport              Delleney               Easterday
Hamilton               Hawkins                Klauber
Lanford                Leach                  Lee
Littlejohn             Loftis                 Martin
McAbee                 Meacham                Rice
Sharpe                 Townsend               Trotter
Vaughn                 Walker

Total--29

So, the amendment was tabled.

Rep. DAVENPORT proposed the following Amendment No. 5 (Doc Name P:\AMEND\GJK\21122SD.98 ), which was tabled.

Amend the bill, as and if amended, in Section 59-149-50 of the 1976 Code, as contained in SECTION 1, by adding a new subsection (E) to read:

/(E)     Notwithstanding the above provisions of this section, students who graduate from an alternative high school in this State with a 2.5 cumulative grade average on a 4.0 scale and a Scholastic Aptitude Test (SAT) or ACT score at least equal to the statewide average on such scores from the previous year also shall be eligible to receive a LIFE Scholarship under this chapter if they meet all other requirements of this chapter. /

Renumber sections to conform.

Amend totals and title to conform.

Rep. DAVENPORT explained the amendment.

Rep. BOAN moved to table the amendment.

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

Yeas 56; Nays 40

Those who voted in the affirmative are:

Altman                 Askins                 Bailey
Barfield               Barrett                Bauer
Baxley                 Beck                   Boan
Brown, H.              Brown, J.              Byrd
Campsen                Cato                   Chellis
Cotty                  Cromer                 Dantzler
Delleney               Gamble                 Gourdine
Govan                  Harrell                Harris
Harrison               Hawkins                Hinson
Jennings               Jordan                 Keegan
Kennedy                Kinon                  Kirsh
Klauber                Koon                   Leach
McAbee                 McGee                  McKay
McMaster               Meacham                Neilson
Rhoad                  Riser                  Rodgers
Sandifer               Simrill                Smith, R.
Stille                 Stuart                 Webb
Wilder                 Wilkins                Witherspoon
Young                  Young-Brickell

Total--56

Those who voted in the negative are:

Allison                Battle                 Bowers
Breeland               Brown, G.              Brown, T.
Clyburn                Cooper                 Davenport
Easterday              Hamilton               Hines, J.
Hines, M.              Howard                 Inabinett
Lanford                Lee                    Littlejohn
Lloyd                  Loftis                 Mack
Maddox                 Martin                 McMahand
Miller                 Moody-Lawrence         Neal
Phillips               Pinckney               Rice
Scott                  Seithel                Sharpe
Sheheen                Smith, J.              Stoddard
Townsend               Trotter                Vaughn
Walker

Total--40

So, the amendment was tabled.

Rep. SCOTT proposed the following Amendment No. 11 (Doc Name P:\AMEND\GJK\21120SD.98), which was tabled.

Amend the bill, as and if amended, by adding a new section immediately after Section 59-149-130, page 4:

/Section 59-149-135.         To be eligible to receive a LIFE Scholarship under this chapter, a student and his or her parents or guardians if the student is their dependent may not have a combined state taxable income in excess of fifty thousand dollars." /

Renumber sections to conform.

Amend totals and title to conform.

Rep. SCOTT explained the amendment.

Rep. BOAN spoke against the amendment.

Rep. SCOTT spoke in favor of the amendment.

Rep. BOAN moved to table the amendment.

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

Yeas 82; Nays 18

Those who voted in the affirmative are:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Battle                 Bauer                  Baxley
Beck                   Boan                   Brown, H.
Campsen                Carnell                Chellis
Cooper                 Cotty                  Cromer
Dantzler               Delleney               Easterday
Edge                   Fleming                Gamble
Hamilton               Harrell                Harris
Harrison               Haskins                Hinson
Jennings               Jordan                 Keegan
Kelley                 Kennedy                Kinon
Kirsh                  Knotts                 Koon
Lanford                Law                    Leach
Limehouse              Littlejohn             Loftis
Maddox                 Martin                 McAbee
McGee                  McKay                  McMaster
Meacham                Miller                 Neilson
Phillips               Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Sheheen                Simrill                Smith, D.
Smith, F.              Smith, R.              Stille
Stuart                 Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Whatley                Wilder
Wilkes                 Wilkins                Young
Young-Brickell

Total--82

Those who voted in the negative are:

Breeland               Brown, G.              Brown, J.
Brown, T.              Byrd                   Clyburn
Cobb-Hunter            Gourdine               Hines, J.
Hines, M.              Howard                 Inabinett
Lloyd                  Mack                   Moody-Lawrence
Neal                   Scott                  Stoddard

Total--18

So, the amendment was tabled.

Rep. SCOTT proposed the following Amendment No. 12 (Doc NameP:\AMEND\GJK\21116SD.98 Scott Am 4535), which was tabled.

Amend the bill, as and if amended, by striking Section 59-149-10 of the 1976 Code as contained in SECTION 1, and inserting:

/Section 59-149-10.     Legislative Incentives for Future Excellence (LIFE) Scholarships are hereby established which shall be offered by the State. These scholarships shall be scholarships to cover the cost of attendance as defined by the Commission on Higher Education by regulation to eligible resident students attending Southern Association of Colleges and Schools (SACS) accredited public four-year colleges and universities in this State, and to cover the cost of attendance to eligible resident students attending SACS accredited public two-year colleges or universities in this State and technical colleges. Scholarships to cover the cost of attendance up to a maximum of three thousand dollars shall be provided also to students attending two-year or four-year independent colleges and universities in this State which have been accredited by the Southern Association of Colleges and Schools (SACS). These LIFE scholarships must be granted and awarded as provided in this chapter./

Renumber sections to conform.

Amend totals and title to conform.

Rep. SCOTT explained the amendment.

Rep. BOAN moved to table the amendment.

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

Yeas 79; Nays 16

Those who voted in the affirmative are:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Battle                 Bauer                  Baxley
Beck                   Boan                   Brown, H.
Campsen                Chellis                Cooper
Cotty                  Cromer                 Dantzler
Delleney               Easterday              Edge
Fleming                Gamble                 Hamilton
Harrell                Harris                 Harrison
Haskins                Hawkins                Hinson
Jennings               Jordan                 Keegan
Kelley                 Kennedy                Kinon
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Limehouse              Littlejohn             Loftis
Maddox                 McAbee                 McCraw
McGee                  McLeod                 McMaster
Meacham                Miller                 Neilson
Phillips               Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sheheen
Simrill                Smith, D.              Smith, F.
Smith, R.              Stille                 Stuart
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkins                Young
Young-Brickell

Total--79

Those who voted in the negative are:

Breeland               Brown, G.              Brown, T.
Byrd                   Cave                   Clyburn
Gourdine               Govan                  Hines, J.
Hines, M.              Inabinett              Lloyd
Mack                   Moody-Lawrence         Neal
Scott

Total--16

So, the amendment was tabled.

Rep. SCOTT proposed the following Amendment No. 13 (Doc Name P:\AMEND\GJK\21119SD.98), which was tabled.

Amend the bill, as and if amended, in Section 59-149-10 of the 1976 Code, as contained in SECTION 1, by adding at the end:

/Persons who receive a GED shall receive a one-time five hundred dollar grant which may be used to attend any educational or vocational training of the person's choice./

Renumber sections to conform.

Amend totals and title to conform.

Rep. SCOTT explained the amendment.

Rep. BOAN moved to table the amendment.

Rep. SCOTT demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 65 to 17.

Rep. SCOTT proposed the following Amendment No. 14 (Doc Name P:\AMEND\GJK\21118SD.98), which was tabled.

Amend the bill, as and if amended, in Section 59-149-50 of the 1976 Code, as contained in SECTION 1, beginning on line 34, page 2,by striking / and have scored 1000 or better on the Scholastic Aptitude Test (SAT) or have the equivalent ACT score beginning with school year 1998-99, 1050 or better beginning with school year 2000-2001, and 1100 or better beginning with school year 2002-2003; provided that if the student is to attend such a public or independent two-year college or university in this State, including a technical college, the SAT requirement does not apply. If a student chooses to attend such a four-year public or independent institution of this State and does not make the required SAT score, the student may earn a LIFE scholarship after his freshman year if he meets the grade point average and semester credit hour requirements of subsection (B)./ and by striking, beginning on line 6, page 3, the following: /except for the SAT requirement/

Renumber sections to conform.

Amend totals and title to conform.

Rep. SCOTT explained the amendment.

Rep. BOAN spoke against the amendment.

LEAVE OF ABSENCE

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

Rep. BOAN continued speaking.

Rep. SCOTT spoke in favor of the amendment.

Rep. BOAN moved to table the amendment.

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

Yeas 77; Nays 25

Those who voted in the affirmative are:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Battle                 Bauer                  Baxley
Beck                   Boan                   Brown, H.
Campsen                Cato                   Chellis
Cooper                 Cotty                  Cromer
Dantzler               Davenport              Delleney
Easterday              Edge                   Gamble
Hamilton               Harrell                Harris
Harrison               Haskins                Hawkins
Hinson                 Jennings               Jordan
Keegan                 Kelley                 Kennedy
Kinon                  Kirsh                  Knotts
Koon                   Leach                  Limehouse
Loftis                 Maddox                 Martin
McAbee                 McGee                  McKay
McMaster               Meacham                Miller
Neilson                Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Sheheen                Simrill                Smith, D.
Smith, J.              Smith, R.              Stille
Stuart                 Townsend               Trotter
Vaughn                 Walker                 Webb
Whatley                Wilder                 Wilkins
Witherspoon            Young-Brickell

Total--77

Those who voted in the negative are:

Breeland               Brown, G.              Brown, J.
Brown, T.              Byrd                   Cave
Clyburn                Gourdine               Govan
Harvin                 Hines, J.              Hines, M.
Inabinett              Lee                    Littlejohn
Lloyd                  Mack                   McLeod
McMahand               Moody-Lawrence         Neal
Scott                  Smith, F.              Stoddard
Whipper

Total--25

So, the amendment was tabled.

Rep. ALLISON proposed the following Amendment No. 15 (Doc Name P:\AMEND\KGH\15372MM.98), which was rejected.

Amend the bill, as and if amended, SECTION 1, Section 59-149-10, Page 1, line 38, by deleting /four-year/ before /colleges/ and adding /four-year/ between /public/ and /or/.

Amend further, page 1, line 41, by deleting /or independent two-year/.

Renumber sections to conform.

Amend title to conform.

Rep. ALLISON explained the amendment.

Rep. BOAN spoke against the amendment.

The amendment was then rejected by a division vote of 24 to 46.

Rep. ALTMAN proposed the following Amendment No. 17 (Doc Name P:\AMEND\GJK\21127HTC.98), which was tabled.

Amend the bill, as and if amended, in Section 59-149-50(A) as contained in SECTION 1, page 2, by striking lines 34 through 41 and inserting:

/minimum ninety-two average on a one hundred scale, been in the academic top five percent of the graduating class (except with respect to a home-schooled student), and have scored 1250 or better on the SAT or an equivalent ACT score. If a student chooses to attend such a/

Renumber sections to conform.

Amend totals and title to conform.

Rep. ALTMAN explained the amendment.

LEAVE OF ABSENCE

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

Rep. ALTMAN continued speaking.

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

Rep. ALTMAN demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 67 to 7.

Rep. ALTMAN proposed the following Amendment No. 18 (Doc Name P:\AMEND\GJK\21129HTC.98), which was tabled.

Amend the bill, as and if amended, in Section 59-149-50(B) as contained in SECTION 1, page 3, line 10, by inserting before the period /and perform at least twelve hours of voluntary service weekly on behalf of the institution. Institutions shall report compliance with this service requirement quarterly to the State Budget and Control Board./

Renumber sections to conform.

Amend totals and title to conform.

Rep. ALTMAN explained the amendment.

POINT OF ORDER

Rep. NEILSON raised a Point of Order that Amendment No. 18 was out of order in that it was not germane to the Bill.

SPEAKER WILKINS overruled the Point of Order.

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

Rep. ALTMAN proposed the following Amendment No. 19 (Doc Name P:\AMEND\GJK\21128HTC.98), which was adopted.

Amend the bill, as and if amended, in Section 59-149-90(A) as contained in SECTION 1, page 4, line 1, by striking /felonies/ and inserting /felonies or any alcohol or drug-related offenses/

Renumber sections to conform.

Amend totals and title to conform.

Rep. ALTMAN explained the amendment.

Rep. BOAN spoke in favor of the amendment.

The amendment was then adopted.

Reps. STUART and BOWERS proposed the following Amendment No. 20 (Doc Name P:\AMEND\JIC\5205MM.98), which was tabled.

Amend the bill, as and if amended, Section 59-149-50, as contained in SECTION 1, page 3, by adding at line 21:

/(E)     In addition to all other eligibility requirements for the LIFE scholarship, each recipient shall undertake and provide documentatin of at least fifty-two hours of community service each year he/she is in receipt of the scholarship./

Amend title to conform.

Rep. STUART explained the amendment.

Rep. BOAN moved to table the amendment.

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

Yeas 55; Nays 45

Those who voted in the affirmative are:

Askins                 Bailey                 Barfield
Baxley                 Boan                   Breeland
Brown, H.              Brown, J.              Chellis
Clyburn                Cooper                 Cromer
Dantzler               Edge                   Fleming
Gamble                 Gourdine               Hamilton
Harris                 Harrison               Haskins
Hinson                 Jordan                 Kelley
Kirsh                  Knotts                 Law
Leach                  Limehouse              Lloyd
Loftis                 McGee                  McKay
McMaster               Meacham                Neilson
Quinn                  Rhoad                  Riser
Sandifer               Scott                  Sharpe
Simrill                Smith, R.              Townsend
Trotter                Vaughn                 Walker
Webb                   Whatley                Wilkes
Wilkins                Witherspoon            Young
Young-Brickell

Total--55

Those who voted in the negative are:

Allison                Barrett                Battle
Bauer                  Beck                   Bowers
Brown, G.              Brown, T.              Campsen
Cave                   Cotty                  Davenport
Delleney               Easterday              Govan
Harvin                 Hawkins                Hines, J.
Howard                 Inabinett              Jennings
Keegan                 Kennedy                Klauber
Koon                   Lee                    Littlejohn
Martin                 Mason                  McLeod
Miller                 Moody-Lawrence         Phillips
Rice                   Robinson               Rodgers
Seithel                Sheheen                Smith, D.
Smith, F.              Smith, J.              Stille
Stoddard               Stuart                 Tripp

Total--45

So, the amendment was tabled.

Reps. STUART and BOWERS proposed the following Amendment No. 21 (Doc Name P:\AMEND\JIC\5205MM.98), which was tabled.

Amend the bill, as and if amended, Section 59-149-50, as contained in SECTION 1, page 3, by adding at line 21:

/(E)     In addition to all other eligibility requirements for the LIFE scholarship, each recipient shall undertake and provide documentatin of at least forty hours of community service each year he or she is in receipt of the scholarship./

Amend title to conform.

Rep. STUART explained the amendment.

Rep. BOWERS spoke in favor of the amendment.

Rep. SIMRILL spoke against the amendment.

Reps. TRIPP, BOWERS and HAWKINS spoke in favor of the amendment.

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

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

Yeas 76; Nays 27

Those who voted in the affirmative are:

Allison                Askins                 Bailey
Barfield               Battle                 Boan
Breeland               Brown, H.              Brown, T.
Cato                   Chellis                Clyburn
Cooper                 Cotty                  Cromer
Dantzler               Delleney               Easterday
Edge                   Fleming                Gamble
Gourdine               Hamilton               Harrell
Harris                 Harrison               Haskins
Hines, J.              Hinson                 Inabinett
Jennings               Jordan                 Keegan
Kelley                 Kinon                  Kirsh
Law                    Leach                  Limehouse
Lloyd                  Mack                   Maddox
Mason                  McAbee                 McGee
McKay                  McLeod                 McMaster
Meacham                Moody-Lawrence         Neal
Neilson                Quinn                  Rhoad
Riser                  Sandifer               Scott
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, F.              Smith, R.
Stille                 Townsend               Trotter
Vaughn                 Walker                 Webb
Whatley                Whipper                Wilder
Wilkins                Witherspoon            Young
Young-Brickell

Total--76

Those who voted in the negative are:

Altman                 Barrett                Bauer
Baxley                 Beck                   Bowers
Brown, G.              Brown, J.              Byrd
Campsen                Davenport              Harvin
Hawkins                Kennedy                Klauber
Knotts                 Koon                   Lee
Martin                 Miller                 Phillips
Rice                   Robinson               Rodgers
Seithel                Stuart                 Tripp

Total--27

So, the amendment was tabled.

Rep. EASTERDAY proposed the following Amendment No. 24 (Doc Name P:\AMEND\DKA\4777SD.98), which was tabled.

Amend the bill, as and if amended, SECTION 1, page 4, by inserting after line 35:

/Section 59-149-150.     The scholarships provided under this chapter shall be in the form of interest-free loans to the students who meet the requirements herein for such scholarships. The loan shall be between the student and the Commission on Higher Education or its designee, and the obligation shall be embodied in a note payable to the commission or its designee by the student as the maker thereof. Principal on the loan shall be repaid after the student completes his undergraduate degree or ceases his qualifying college enrollment in such installments as may be agreed to between the student and the commission. No interest shall accrue on the principal unless a principal payment becomes in arrears and in this event interest shall accrue at the statutory rate provided in Section 34-31-20(A)./

Renumber sections to conform.

Amend title to conform.

Rep. EASTERDAY explained the amendment.

POINT OF ORDER

Rep. SCOTT raised a Point of Order that Amendment No. 24 was out of order in that it was not germane to the Bill.

Rep. EASTERDAY argued contra.

SPEAKER WILKINS overruled the Point of Order.

Rep. EASTERDAY continued speaking.

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

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

Yeas 68; Nays 21

Those who voted in the affirmative are:

Askins                 Bailey                 Battle
Boan                   Bowers                 Breeland
Brown, H.              Brown, J.              Brown, T.
Byrd                   Carnell                Cato
Cave                   Chellis                Clyburn
Cotty                  Cromer                 Dantzler
Delleney               Edge                   Gamble
Gourdine               Harrell                Harrison
Harvin                 Hines, J.              Hinson
Inabinett              Keegan                 Kelley
Kennedy                Kirsh                  Law
Lee                    Limehouse              Lloyd
Maddox                 Martin                 McAbee
McGee                  McKay                  McLeod
McMahand               Meacham                Moody-Lawrence
Neal                   Neilson                Phillips
Quinn                  Riser                  Rodgers
Sandifer               Sheheen                Simrill
Smith, F.              Stille                 Stuart
Townsend               Trotter                Walker
Webb                   Whatley                Whipper
Wilder                 Wilkins                Witherspoon
Young                  Young-Brickell

Total--68

Those who voted in the negative are:

Altman                 Barrett                Bauer
Campsen                Davenport              Easterday
Hamilton               Haskins                Jordan
Knotts                 Lanford                Leach
Littlejohn             Miller                 Rice
Robinson               Seithel                Smith, D.
Stoddard               Tripp                  Vaughn

Total--21

So, the amendment was tabled.

Rep. NEAL proposed the following Amendment No. 28 (Doc Name P:\AMEND\PT\1669CM.98), which was rejected.

Amend the bill, as and if amended, Section 59-149-10 as contained in SECTION 1, line 2, after the /./ by inserting:

/All two-year independent religious colleges and universities not accredited by the Southern Association of Colleges and Schools, are also qualified institutions which eligible students may attend with use of life scholarship funds under the provisions of this chapter./

Renumber sections to conform.

Amend title to conform.

Rep. NEAL explained the amendment.

Rep. BOAN spoke against the amendment.

Rep. NEAL spoke in favor of the amendment.

Rep. BOAN moved to table the amendment.

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

Yeas 43; Nays 57

Those who voted in the affirmative are:

Askins                 Bailey                 Barrett
Boan                   Brown, H.              Carnell
Chellis                Cotty                  Cromer
Dantzler               Davenport              Edge
Fleming                Gamble                 Harrell
Haskins                Hinson                 Keegan
Kelley                 Koon                   Law
Leach                  Limehouse              Martin
McAbee                 McGee                  McKay
McMaster               Neilson                Rhoad
Riser                  Robinson               Rodgers
Sandifer               Smith, D.              Stuart
Trotter                Vaughn                 Walker
Webb                   Wilkins                Witherspoon
Young-Brickell

Total--43

Those who voted in the negative are:

Allison                Altman                 Barfield
Battle                 Bauer                  Baxley
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, T.              Byrd
Campsen                Cato                   Cave
Clyburn                Cobb-Hunter            Cooper
Delleney               Easterday              Gourdine
Govan                  Hamilton               Harrison
Harvin                 Hawkins                Hines, J.
Howard                 Inabinett              Jordan
Kennedy                Kirsh                  Knotts
Lee                    Littlejohn             Lloyd
Maddox                 McLeod                 McMahand
Meacham                Miller                 Moody-Lawrence
Neal                   Phillips               Quinn
Rice                   Seithel                Sheheen
Simrill                Smith, F.              Stille
Stoddard               Tripp                  Whatley
Whipper                Wilder                 Young

Total--57

So, the House refused to table the amendment.

Rep. BOAN spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 39; Nays 71

Those who voted in the affirmative are:

Altman                 Battle                 Bowers
Breeland               Brown, G.              Brown, T.
Byrd                   Campsen                Cave
Cobb-Hunter            Delleney               Gourdine
Govan                  Harvin                 Hines, J.
Inabinett              Jordan                 Kennedy
Kirsh                  Lee                    Lloyd
Mack                   Maddox                 McMahand
Meacham                Miller                 Moody-Lawrence
Neal                   Rice                   Scott
Seithel                Sheheen                Simrill
Smith, F.              Smith, J.              Stoddard
Tripp                  Whipper                Wilkes

Total--39

Those who voted in the negative are:

Allison                Askins                 Bailey
Barfield               Barrett                Bauer
Baxley                 Beck                   Boan
Brown, H.              Brown, J.              Carnell
Cato                   Chellis                Cooper
Cotty                  Cromer                 Dantzler
Davenport              Easterday              Edge
Fleming                Gamble                 Hamilton
Harrell                Harris                 Harrison
Hawkins                Hinson                 Jennings
Keegan                 Kelley                 Kinon
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Limehouse              Littlejohn             Loftis
Martin                 Mason                  McAbee
McGee                  McKay                  McLeod
McMaster               Neilson                Phillips
Quinn                  Riser                  Robinson
Rodgers                Sandifer               Sharpe
Smith, D.              Smith, R.              Stille
Stuart                 Townsend               Trotter
Walker                 Webb                   Whatley
Wilder                 Wilkins                Witherspoon
Young                  Young-Brickell

Total--71

So, the amendment was rejected.

Rep. GOVAN proposed the following Amendment No. 29 (Doc Name P:\AMEND\PT\1670CM.98), which was adopted.

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

/Section _________.     All institutions participating in the LIFE Scholarship Program must report their enrollment and other relevant data as solicited by the Commission on Higher Education which may audit these institutions to ensure compliance with this provision. /

Renumber sections to conform.

Amend title to conform.

Rep. CROMER explained the amendment.

The amendment was then adopted.

Rep. LITTLEJOHN proposed the following Amendment No. 31 (Doc Name P:\AMEND\KGH\15372MM.98), which was rejected.

Amend the bill, as and if amended, SECTION 1, Section 59-149-10, Page 1, line 38, by deleting /four-year/ before /colleges/ and adding /four-year/ between /public/ and /or/.

Line 39, page 2 strike /or independent/ after public.

Amend further, page 1, line 41, by deleting /or independent two-year/.

Renumber sections to conform.

Amend title to conform.

Rep. LITTLEJOHN explained the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 35; Nays 62

Those who voted in the affirmative are:

Allison                Altman                 Beck
Bowers                 Cato                   Cooper
Davenport              Easterday              Hamilton
Harvin                 Haskins                Hawkins
Lanford                Leach                  Lee
Littlejohn             Loftis                 Maddox
Martin                 Mason                  McLeod
Meacham                Quinn                  Rice
Rodgers                Seithel                Sharpe
Simrill                Smith, R.              Stoddard
Townsend               Tripp                  Vaughn
Walker                 Wilder

Total--35

Those who voted in the negative are:

Askins                 Bailey                 Barfield
Barrett                Battle                 Bauer
Baxley                 Boan                   Breeland
Brown, G.              Brown, H.              Brown, T.
Byrd                   Campsen                Carnell
Chellis                Clyburn                Cotty
Cromer                 Dantzler               Delleney
Edge                   Gamble                 Gourdine
Harrell                Harris                 Harrison
Hines, J.              Hinson                 Keegan
Kennedy                Kirsh                  Knotts
Koon                   Limehouse              Lloyd
Mack                   McAbee                 McGee
McKay                  McMahand               McMaster
Moody-Lawrence         Neal                   Neilson
Phillips               Riser                  Robinson
Sandifer               Scott                  Sheheen
Smith, J.              Stille                 Stuart
Webb                   Whatley                Whipper
Wilkes                 Wilkins                Witherspoon
Young                  Young-Brickell

Total--62

So, the amendment was rejected.

Rep. TRIPP proposed the following Amendment No. 32 (Doc Name P:\AMEND\PT\1673CM.98), which was ruled out of order.

Amend the bill, as and if amended, SECTION 1, by adding the following section to read:

/Section .     Any college or university that accepts scholarship monies pursuant to this chapter cannot raise their tuition annually beyond the annual rate of inflation as determined by the Consumer Price Index./

Renumber sections to conform.

Amend title to conform.

Rep. TRIPP explained the amendment.

POINT OF ORDER

Rep. SIMRILL raised a Point of Order that Amendment No. 32 was out of order in that it was not germane to the Bill.

Rep. HASKINS stated that the amendment was not germane.

Rep. TRIPP argued contra.

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

Rep. GOVAN proposed the following Amendment No. 33 (Doc Name P:\AMEND\PT\1674CM.98), which was tabled.

Amend the bill, as and if amended, SECTION 1, page 2, Section 59-149-50(A), line 35, after /scored/ by deleting /1000/ and inserting /950/.

Amend the bill further, SECTION 1, page 2, Section 59-149-50(A), line 36, after /1998-99,/ by deleting /1050/ and inserting /and 1000/

Amend the bill further, SECTION 1, page 2, Section 59-149-50(A), line 37, after /2000-2001/ by deleting /, and 1100 or better beginning with school year 2002-2003/

Renumber sections to conform.

Amend title to conform.

Rep. GOVAN explained the amendment.

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

Rep. GOVAN proposed the following Amendment No. 35 (Doc Name P:\AMEND\GJK\21135HTC.98), which was tabled.

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

/SECTION     ____.     Section 59-5-65 of the 1976 Code, as last amended by Act 164 of 1993, is further amended by adding a new item at the end to read:

"(17)     Establish by school year 1998-99 a uniform grading system to be used by all public schools in this State. The grading system established is authorized to permit variations in grading between elementary and secondary schools and in other instances where variation is necessary due to curriculum differences."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. GOVAN explained the amendment.

Rep. BOAN moved to table the amendment.

Rep. GOVAN demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 70 to 14.

Rep. BAUER proposed the following Amendment No. 10 (Doc Name P:\AMEND\GJK\21113SD.98), which was tabled.

Amend the bill, as and if amended, in Section 59-149-50 of the 1976 Code, as contained in SECTION 1, by inserting immediately after /score/ on line 1, page 3, /or have the required grade point average in high school/ and by inserting after /requirement/ of line 7, page 3, /or the grade point average requirement, or both./

Renumber sections to conform.

Amend totals and title to conform.

Rep. BAUER explained the amendment.

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

Rep. DAVENPORT proposed the following Amendment No. 26 (Doc Name P:\AMEND\PT\1675CM.98), which was adopted.

Amend the bill, as and if amended, page 3, by inserting after line 20:

/Section 59-149-55.     Notwithstanding the requirements under this chapter for a LIFE Scholarship, in the case of a student enrolled in the South Carolina School for the Deaf and the Blind or the Wil Lou Gray Opportunity School whose handicap impacts on his ability to meet the requirements of this chapter, the student may forward an application for a LIFE Scholarship to the Commission on Higher Education. The commission shall review the application, degree of handicap, and special circumstances of the applicant. After a review, the commission may waive those requirements presenting a hardship to the handicapped student and order the award of a LIFE Scholarship./

Renumber sections to conform.

Amend title to conform.

Rep. DAVENPORT explained the amendment.

The amendment was then adopted.

Rep. TRIPP proposed the following Amendment No. 37 (Doc Name P:\AMEND\GJK\21137SD.98), which was tabled.

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

/SECTION     ___.     Any student who accepts LIFE Scholarship funds under this chapter may only use them at a college or university which beginning with the 1998-99 fall semester does not increase its annual tuition and fees by more than the percentage increase in the Higher Education Price Index over that of the previous year. " /

Renumber sections to conform.

Amend totals and title to conform.

Rep. TRIPP explained the amendment.

POINT OF ORDER

Rep. HAMILTON raised the Point of Order that Amendment No. 37 was out of order in that it was not germane to the Bill.

Rep. TRIPP argued contra.

SPEAKER WILKINS overruled the Point of Order.

Rep. TRIPP continued speaking.

Rep. BOAN spoke in favor of the amendment.

Rep. TRIPP spoke in favor of the amendment.

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

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

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

Yeas 104; Nays 6

Those who voted in the affirmative are:

Allison                Askins                 Bailey
Barfield               Barrett                Battle
Bauer                  Baxley                 Beck
Boan                   Bowers                 Breeland
Brown, G.              Brown, H.              Brown, J.
Brown, T.              Byrd                   Campsen
Carnell                Cato                   Cave
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Cromer
Dantzler               Delleney               Edge
Felder                 Fleming                Gamble
Gourdine               Govan                  Harrell
Harris                 Harrison               Harvin
Haskins                Hawkins                Hines, J.
Hinson                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Mack                   Maddox
Martin                 Mason                  McAbee
McGee                  McKay                  McLeod
McMaster               Meacham                Miller
Moody-Lawrence         Neal                   Neilson
Phillips               Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, F.              Smith, J.
Smith, R.              Stille                 Stuart
Townsend               Trotter                Vaughn
Walker                 Webb                   Whatley
Whipper                Wilder                 Wilkins
Young                  Young-Brickell

Total--104

Those who voted in the negative are:

Altman                 Davenport              Easterday
Hamilton               Jordan                 Tripp

Total--6

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

RECORD OF VOTING

I was unable to be present at the time the final vote was taken on this Bill. Had I been present, I would have voted in favor of the Bill.

Rep. CLEMENTA C. PINCKNEY

RECORD FOR VOTING

I missed the vote on final passage of the Bill on LIFE Scholarships. My intent was to vote yes.

Rep. TIMOTHY C. WILKES

STATEMENT FOR THE JOURNAL ON BILL H. 4535

Last week, the House of Representatives voted overwhelmingly in favor of the PASS Legislation. This PASS Legislation does many things for education. But two things I'd like to highlight are Performance and Accountability. In reference to Performance it was argued clearly that Bob Jones University has molded good people for our State, many who are members of the General Assembly. However, when we come to the issue of Accountability, because Bob Jones University is located in a different section of the State from Clinton Jr. College, is it okay to have it be a part of the Life Scholarship Program? Could it be that since Clinton Jr. College is a Presbyterian College and Bob Jones University is of its own denomination makes it acceptable? Finally, is it because Clinton Jr. College allows co-mingling of all people based on their faith of all men are created in the image of God and Bob Jones University's philosophy is slightly different? Whatever the reason might be for supporting one over the other for the Life Scholarship Program, we can all agree that neither college is accredited by the S.A.C.

Rep. THEODORE A. BROWN

RECURRENCE TO THE MORNING HOUR

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

INVITATIONS

On motion of Rep. QUINN, with unanimous consent, the following were taken up for immediate consideration and accepted.

January 30, 1998
TO:                 Representative Rick Quinn

Chairman, House Invitations Committee
FROM:         Jim Bradley

CEO, Charleston Metro Chamber of Commerce
SUBJECT:     Capital Issues Mission Reception, February 11, 1998

Adam's Mark Hotel, 8:00-10:00 P.M.

Please accept this memorandum as an invitation to the House of Representatives to join the Charleston Metro Chamber of Commerce and other Urban Chambers of Commerce at a reception to honor the South Carolina State Ports Authority.

The details are February 11, 1998, 8:00-10:00 P.M., Adam's Mark Hotel, Columbia, S.C.

The South Carolina Senate has also been invited to this event as well as Constitutional Officers of the State of South Carolina.

We look forward to this event and your attendance. If you are in need of further information, please do not hesitate to contact the Charleston Metro Chamber of Commerce.

Your paperwork requirements will be completed after the reception.

Thank you for your help in this matter.

February 2, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The South Carolina Vocational Association and the South Carolina Vocational Directors Association would like to host a drop-in brunch for the General Assembly on February 18, 1998. Please put the drop-in brunch on the February Calendar for Wednesday, February 18, 1998, from 9:00-11:30 A.M. Our brunch will be held in Room 208 of the Blatt Building.

We will have teachers, administrators and others interested in education from throughout our State to be on hand. We want to let all of you know how much we appreciate your efforts in the legislature.

If you have any questions regarding our drop-in, please give me a call at 735-3330.

Sincerely,
Nancy Verburg
President, South Carolina Vocational Directors Association

April 23, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The Municipal Association of South Carolina would like to extend an invitation to members of the South Carolina House of Representatives to attend a reception on Wednesday evening, February 18, 1998, from 6:00 P.M. to 7:30 P.M. at the Columbia Adam's Mark. This reception is part of the Association's 24th Annual Winter Meeting and Legislative Conference.

Thanks for your help. If you have any questions, please call Betsy McDonald at 799-9574 ext. 1205.

Best wishes,

Sincerely,
Wayne George
Mayor, City of Mullins
President

February 2, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

It is with pleasure that the South Carolina Funeral Director's Association extends a formal invitation to all members of the General Assembly for a reception on February 17, 1998, from 6:00 P.M.-8:00 P.M. at the Capital City Club. We would ask that this invitation be added to the General Assembly Calendar for 1998.

Thank you in advance for your consideration in this matter.

With kind regards and best wishes, we remain,

Very truly yours,
John L. Petty, III
President
February 2, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

I would like to request that the South Carolina Policy Council Headquarters Ribbon Cutting Reception be placed on the House of Representatives Calendar for February 25, 1998, as we are eager to invite the members of the House to join us for this event.

The Ribbon Cutting Reception will take place at the new headquarters which is located at 1323 Pendleton Street in Columbia. The Reception will begin at 7:30 P.M.

Thank you for your assistance with this. If there are any questions, please contact Marian Meacham, the Director of Development, at 779-5022. I look forward to seeing you on February 25th, if not earlier.

Sincerely,
Edward T. McMullen, Jr.
President

January 13, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

On behalf of the South Carolina Self-Insurers Association, we would like to invite the members of the House of Representatives to a breakfast drop-in on February 26, 1998, from 8:30 A.M. until 10:30 A.M. in Room 208 of the Blatt House Office Building.

Sincerely,
Sandra C. Morgan
Chairman, Legislative Committee

HOUSE RESOLUTION

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

H. 4559 -- Rep. Wilkins: A HOUSE RESOLUTION TO WELCOME TOM BERENGER, DISTINGUISHED STAGE, SCREEN, AND TELEVISION ACTOR, TO THE STATE CAPITOL, TO THANK HIM FOR HIS TRULY UNSELFISH GIFT OF A PRICELESS HISTORICAL CIVIL WAR FLAG TO THE STATE OF SOUTH CAROLINA, AND TO GRANT HIM THE PRIVILEGE OF THE HOUSE FLOOR ON WEDNESDAY, FEBRUARY 4, 1998.

Whereas, Tom Berenger is known worldwide for his many distinguished accomplishments as a television, stage, and motion picture actor who has received high accolades during his remarkable career including Academy Award and Emmy nominations and Golden Globe Awards; and

Whereas, he is a man of many talents. He is a native of Chicago, Illinois, is fluent in Italian and Spanish, and attended the University of Missouri as a journalism major, with hopes of becoming a sport's writer. He was cast in a stage production of "Who's Afraid of Virginia Woolf?", and his career path changed forever; and

Whereas, his work took him all over the world, but during the filming of the movie, "The Big Chill", in 1982 and 1983, he fell in love with Beaufort, South Carolina, which he then made his home; and

Whereas, Tom Berenger is an extremely generous and caring person who has contributed freely of his time, talents, and resources for the public good in many ways. He donated and helped to build a YMCA in Beaufort and has acquired and donated to the State of South Carolina a priceless historical Civil War flag which the citizens of our State deeply appreciate and will forever treasure; and

Whereas, the members of the House of Representatives, by this resolution, would like to welcome him to the State Capitol on his current visit and are desirous of extending to him the privilege of the House floor on Wednesday, February 4, 1998. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives hereby welcome Tom Berenger, distinguished stage, screen, and television actor, to the State Capitol, and thank him on behalf of the citizens of our State for his truly unselfish gift of a priceless historical Civil War flag to the State of South Carolina.

Be it further resolved that pursuant to Rule 10.1 of the Rules of the House, Mr. Berenger may be admitted to the House chamber and is granted the privilege of the House floor during his visit on Wednesday, February 4, 1998.

Be it further resolved that a copy of this resolution be presented to Mr. Berenger.

The Resolution was adopted.

HOUSE RESOLUTION

On motion of Rep. H. BROWN, with unanimous consent, the following was introduced and taken up for immediate consideration:

H. 4560 -- Reps. Wilkins, H. Brown, Koon, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO SOUTH CAROLINA STATE PORTS AUTHORITY CHAIRMAN, WILLIAM L. BETHEA, JR., AND BERNARD S. GROSECLOSE, JR., PRESIDENT AND CHIEF EXECUTIVE OFFICER, AND ANITA ZUCKER, PRESIDENT AND CHAIRMAN OF THE BOARD OF THE CHARLESTON METRO CHAMBER OF COMMERCE ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED FOR THE OUTSTANDING CONTRIBUTIONS THAT THE STATE PORTS AUTHORITY HAS MADE TO THE ECONOMY OF THIS STATE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to South Carolina State Ports Authority Chairman, William L. Bethea, Jr., and Bernard S. Groseclose, Jr., President and Chief Executive Officer, and Anita Zucker, President and Chairman of the Board of the Charleston Metro Chamber of Commerce on a date and at a time to be determined by the Speaker, for the purpose of being recognized for the outstanding contributions that the State Ports Authority has made to the economy of this State.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4561 -- Reps. Young, G. Brown, Woodrum, Harvin, Neal and Canty: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF THE HONORABLE BERNARD J. WARSHAUER, RETIRED FAMILY COURT JUDGE FROM SUMTER COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4562 -- Rep. Sharpe: A CONCURRENT RESOLUTION DESIGNATING FEBRUARY, 1998, AS "PREVENT A LITTER MONTH" AND TUESDAY, FEBRUARY 24, 1998, AS "SPAY DAY USA 1998" IN SOUTH CAROLINA.

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

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

ADJOURNMENT

At 5:25 P.M. the House in accordance with the motion of Rep. PHILLIPS adjourned in memory of J. Arthur Bridges of Cherokee County, to meet at 2:00 P.M. tomorrow.

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