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

THURSDAY, FEBRUARY 12, 1998

Thursday, February 12, 1998
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

Our Father God, we come into Your presence in the full knowledge of our need of Your help. We are but broken reeds, lashed by winds that mock our boasting pride. You alone are the greatness, the power, the glory and the victory. Deepen within us the sense of the greatness of our times with unsurpassing opportunities and with a glorious mission. Teach us to know that You are not only our Shelter, but a way of life. Give us eyes to see You, and wills to follow You.

Hear us, Lord, as we pray in praise and thanksgiving. Amen.

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

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

MOTION ADOPTED

Rep. BAUER moved that when the House adjourns, it adjourn in memory of David Poston of Myrtle Beach, which was agreed to.

REGULATIONS RECEIVED

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

Document No. 2235
Promulgated By Clemson University-Livestock-Poultry Health Division
Statutory Authority: 1976 Code Section 47-4-40
Vesicular Stomatitis Restrictions
Received By Speaker February 11, 1998
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date June 11, 1998

Document No. 2253
Promulgated By Budget and Control Board
Statutory Authority: 1976 Code Section 59-4-30 (B)
South Carolina Tuition Prepayment Program
Received By Speaker February 11, 1998
Referred to House Committee on Ways and Means
120 Day Review Expiration Date June 11, 1998

Document No. 2234
Promulgated By Clemson University-Livestock-Poultry Health Division
Statutory Authority: 1976 Code Section 47-4-40
Importation of Livestock-Sheep and Goats
Received By Speaker February 11, 1998
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date June 11, 1998

INTRODUCTION OF BILLS

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

H. 4621 -- Rep. Boan: A BILL TO AMEND SECTION 9-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCIDENTAL DEATH BENEFIT PENSION UNDER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REQUIRE THE BENEFITS PAID UNDER THIS PROGRAM TO BE ADJUSTED TO REFLECT INCREASES IN THE COST OF LIVING IN THE MANNER BENEFIT PAYMENTS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM ARE SO ADJUSTED.

Referred to Committee on Ways and Means.

H. 4622 -- Rep. Sheheen: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF PROPERTY AND THE APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH OWNERSHIP AS OF DECEMBER THIRTY-FIRST PRECEDING THE TAX YEAR AS THE DATE BY WHICH RESIDENTIAL PROPERTY MUST BE OWNED BY THE OWNER-OCCUPANT IN ORDER TO QUALIFY FOR THE FOUR PERCENT ASSESSMENT RATIO ALLOWED FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY.

Referred to Committee on Ways and Means.

H. 4623 -- Reps. Townsend, Stuart, Walker, Loftis and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-5316 SO AS TO PROVIDE PROVISIONS TO GOVERN THE OPERATION OF AN INTERMODAL TRAILER, CHASSIS, OR CONTAINER.

Referred to Committee on Education and Public Works.

CONCURRENT RESOLUTION

The following was introduced:

H. 4624 -- Rep. Mason: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SOUTH AIKEN HIGH SCHOOL "LADY THOROUGHBREDS" GIRLS' TENNIS TEAM, COACHES, AND STAFF FOR AN OUTSTANDING SEASON BY WINNING THE 1997 CLASS AAAA STATE CHAMPIONSHIP.

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

HOUSE RESOLUTION

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

H. 4625 -- Rep. Mason: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SOUTH AIKEN HIGH SCHOOL "LADY THOROUGHBREDS" GIRLS' TENNIS TEAM, COACHES, AND STAFF ON THURSDAY, FEBRUARY 19, 1998, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1997 CLASS AAAA STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the South Aiken High School "Lady Thoroughbreds" Girls' Tennis Team, coaches, and staff on Thursday, February 19, 1998, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1997 Class AAAA State Championship.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4626 -- Reps. Cotty and McMaster: A CONCURRENT RESOLUTION TO EXTEND SINCERE CONGRATULATIONS TO DR. RONALD K. COWDEN OF RICHLAND COUNTY FOR BEING SELECTED AS THE SOUTH CAROLINA 1998 PRINCIPAL OF THE YEAR AND TO HONOR AND PAY TRIBUTE TO DR. COWDEN, A TRULY OUTSTANDING PUBLIC SCHOOL ADMINISTRATOR AND PRINCIPAL WHO CONTINUES TO PIONEER NEW FRONTIERS OF EXCELLENCE IN PUBLIC EDUCATION AND WHO HAS BROUGHT GREAT PRIDE TO RICHLAND COUNTY SCHOOL DISTRICT TWO AND THE STATE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1022 -- Senator Washington: A CONCURRENT RESOLUTION TO RECOGNIZE MACK WILLIE RHODES AS A TRUE PUBLIC SERVANT AND OUTSTANDING SOUTH CAROLINIAN ON THE OCCASION OF HIS ONE HUNDREDTH BIRTHDAY ON FEBRUARY 25, 1998.

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

ROLL CALL

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

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

STATEMENT OF ATTENDANCE

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

Jennings G. McAbee                C. Anthony Harris, Jr.
George Campsen III                Richard M. Quinn, Jr.
Bradley L. Jordan                 Kenneth Kennedy
Wilbur L. Cave                    G. Ralph Davenport, Jr.
Amos Lee Gourdine                 Shirley R. Hinson
Douglas Jennings, Jr.             James L.M. Cromer, Jr.
Alma W. Byrd                      John G. Felder
Joseph H. Neal
Total Present--119

LEAVES OF ABSENCE

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

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

H. 3842 --CO-SPONSORS 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. 3842

DATE                     ADD
2/12/1998                     Rex Fontaine Rice
2/12/1998                     Alfred B. Robinson, Jr.
2/12/1998                     Walton J. McLeod

SENT TO THE SENATE

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

H. 4355 -- Reps. Fleming, Haskins, Leach, Meacham, Sandifer and Walker: A BILL TO AMEND SECTION 61-6-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROXIMITY REQUIREMENTS FOR ESTABLISHMENTS AND PLACES OF BUSINESS WITH LIQUOR LICENSES, SO AS TO EXTEND THESE REQUIREMENTS TO CHILD DAYCARE FACILITIES AND TO DEFINE "CHILD DAYCARE FACILITIES".

H. 3842--REQUESTS FOR DEBATE

The following Bill was taken up.

H. 3842 -- Reps. Wilkins, J. Smith, Baxley, McMaster, Beck, Hawkins, Delleney, Cromer, Davenport, Young-Brickell, Keegan, Allison, Fleming, Barfield, Jennings, Kelley, Loftis, Hamilton, Sharpe, Limbaugh, Mason, Sandifer, Meacham, McCraw, Hinson, Harrison, Knotts, Harrell, Simrill, Haskins, Cooper, Cato, Walker, Woodrum, Rodgers, Easterday, Klauber, Chellis, Mullen, Littlejohn, Stuart, Whatley, Trotter, Barrett, Hodges, Riser, Leach, McLeod, Rice and Robinson: A BILL TO AMEND TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES BY ADDING CHAPTER 2, SO AS TO PROVIDE ADVISORY SENTENCING GUIDELINES; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED, RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE AUTOMATICALLY CLASSIFIED; TO AMEND SECTION 16-3-654, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, SO AS TO PROVIDE PENALTY PROVISIONS AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 16-3-1075, RELATING TO FELONY CARJACKING, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-11-110, AS AMENDED, RELATING TO ARSON, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-15-140, AS AMENDED, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON A CHILD, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO CONFINEMENT OF PRISONERS, AND WORK RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-125, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSES" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-150, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE", AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO ELIGIBILITY FOR AND FORFEITURE OF GOOD CONDUCT CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME ANY PRISONER CAN EARN OFF HIS SENTENCE FOR GOOD BEHAVIOR TO THREE DAYS A MONTH, AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO ELIGIBILITY FOR EDUCATION CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME ANY PRISONER CAN EARN OFF HIS SENTENCE FOR PARTICIPATING IN AN EDUCATION PROGRAM TO SIX DAYS A MONTH, AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-430, RELATING TO RIOTING OR INCITING TO RIOT, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-13-650, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED THE CRIME, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTIONS 24-13-710 AND 24-13-720, BOTH AS AMENDED, RELATING TO THE SUPERVISED FURLOUGH PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO THE SHOCK INCARCERATION PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR ANY CRIME AND TO PROVIDE THAT CERTAIN OFFENDERS MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-21-560, RELATING TO PRISONERS WHO MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES BEFORE THEIR RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, SO AS TO PROVIDE THAT A PERSON SENTENCED TO A TERM OF IMPRISONMENT OF TWENTY YEARS OR MORE MUST COMPLETE NOT MORE THAN TWO YEARS OF COMMUNITY SUPERVISION AS A PART OF HIS SENTENCE, AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 56-5-2940, RELATING TO PENALTIES FOR VIOLATING THE DRIVING UNDER THE INFLUENCE PROVISIONS, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 56-5-2945, AS AMENDED, RELATING TO CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO REVISE THE PENALTY; TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110, RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS; TO REPEAL SECTION 24-13-100, RELATING TO THE DEFINITION OF "NO PAROLE OFFENSE", AND TO PROVIDE A SEVERABILITY CLAUSE, AND THAT ALL PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE PROVISIONS OF THIS ACT APPLY PROSPECTIVELY.

Reps. HARRISON, SANDIFER, BARRETT, McMASTER, HAWKINS, CATO, HARRELL, ROBINSON, FLEMING, R. SMITH and STILLE requested debate on the Bill.

ORDERED TO THIRD READING

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

H. 4459 -- Reps. Koon, Knotts, Rice and Bauer: A BILL TO AMEND SECTION 23-45-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS FOR FIRE PROTECTION SPRINKLER SYSTEM DESIGN AND INSTALLATION, SO AS TO DELETE CERTAIN PROVISIONS REGARDING DESIGN AND INSTALLATION, PROVIDE THAT LAYOUT AND INSTALLATION OF FIRE PROTECTION SPRINKLER SYSTEMS MUST BE ACCORDING TO THE 1998 EDITION OF THE NATIONAL FIRE PROTECTION ASSOCIATION NATIONAL FIRE CODES AND THE 1994 STANDARD BUILDING CODE, AND PROVIDE THAT THESE CODES AND STANDARDS SHALL APPLY UNLESS THE AUTHORITY HAVING JURISDICTION HAS ADOPTED MORE RECENT VERSIONS; TO AMEND SECTION 23-45-147, RELATING TO THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, SHOP DRAWINGS OF SPRINKLER SYSTEMS, CONTENTS, SUBMISSION, AND CERTIFICATE OF COMPLIANCE, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT SHOP DRAWINGS MUST CONTAIN SUFFICIENT INFORMATION TO SHOW COMPLIANCE WITH THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS TO THE DEGREE REQUIRED BY THE REGULATIONS OF THE STATE FIRE MARSHAL, PROVIDE THAT SHOP DRAWINGS MUST BEAR THE LICENSE NUMBER OF THE FIRE SPRINKLER CONTRACTOR LICENSED IN SOUTH CAROLINA WHO PREPARED THEM, PROVIDE THAT SHOP DRAWINGS MUST BE SUBMITTED TO THE LOCAL AUTHORITY HAVING JURISDICTION, THE STATE FIRE MARSHAL'S OFFICE, OR THE ENGINEERING/REVIEW DEPARTMENT OF THE OWNER'S INSURANCE UNDERWRITER OR ITS DESIGNEE, AND PROVIDE THAT A CERTIFICATE OF COMPLIANCE CERTIFYING THAT THE FIRE PROTECTION SPRINKLER SYSTEM WAS INSTALLED IN ACCORDANCE WITH APPROVED SHOP DRAWINGS MUST BE DELIVERED TO THE OWNER OF THE BUILDING AND THE AUTHORITY HAVING JURISDICTION BEFORE A CERTIFICATE OF OCCUPANCY MAY BE ISSUED; AND TO REPEAL SECTION 23-45-145, RELATING TO THE "FIRE SPRINKLER SYSTEM SPECIFICATION SHEET".

Rep. BAILEY explained the Bill.

H. 4459--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. BAILEY, with unanimous consent, it was ordered that H. 4459 be read the third time tomorrow.

H. 4377--POINT OF ORDER

The following Bill was taken up.

H. 4377 -- Reps. Haskins, Spearman, Kirsh, Wilkins, Bauer, Cato, Gamble, Leach, Sandifer, Young-Brickell, Riser and Moody-Lawrence: A BILL TO AMEND CHAPTER 75, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF LICENSED PROFESSIONAL COUNSELORS BY ADDING ARTICLE 3, SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF SPECIALISTS IN SCHOOL PSYCHOLOGY; TO AMEND SECTION 40-75-20, RELATING TO THE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, SO AS TO ADD A SPECIALIST IN SCHOOL PSYCHOLOGY TO THE BOARD; TO REQUIRE PERSONS QUALIFIED TO PRACTICE SCHOOL PSYCHOLOGY ON THE EFFECTIVE DATE OF THIS ACT TO APPLY FOR LICENSURE BEFORE OCTOBER 1, 1998; AND TO DESIGNATE SECTIONS 40-75-10 THROUGH 40-75-190 AS ARTICLE 1 OF CHAPTER 75, TITLE 40, ENTITLED "PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS" AND TO RENAME CHAPTER 75, TITLE 40 "PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, MARITAL AND FAMILY THERAPISTS, AND SPECIALISTS IN SCHOOL PSYCHOLOGY".

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 3820--POINT OF ORDER

The following Bill was taken up.

H. 3820 -- Reps. Beck, Edge, Mason, Carnell, Trotter, Sharpe, Cato, R. Smith, Clyburn, Limehouse, H. Brown, Harrison, Bailey and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-55 SO AS TO PROHIBIT PRACTICING PSYCHOLOGY WITHOUT A LICENSE; TO AMEND SECTION 40-55-50, RELATING TO ACTS CONSTITUTING PRACTICING AS A PSYCHOLOGIST SO AS TO FURTHER SPECIFY WHAT ACTS CONSTITUTE SUCH PRACTICE; TO AMEND SECTION 40-55-80, AS AMENDED, RELATING TO PSYCHOLOGY LICENSE AND APPLICATION REQUIREMENTS SO AS TO REMOVE THE PROVISIONS THAT A PERSON MAY HAVE A DOCTOR'S DEGREE IN AN ALLIED FIELD RATHER THAN IN PSYCHOLOGY AND THAT A LICENSE MAY BE AWARDED WITHOUT EXAMINATION; TO AMEND SECTION 40-55-90, RELATING TO EXEMPTIONS FROM PSYCHOLOGY LICENSURE SO AS TO FURTHER SPECIFY AND CLARIFY THESE EXEMPTIONS; AND TO AMEND SECTION 40-55-170, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF THE PSYCHOLOGY PRACTICE ACT SO AS TO CLARIFY THAT IT IS UNLAWFUL FOR A PERSON TO PRACTICE OR OFFER TO PRACTICE PSYCHOLOGY IN VIOLATION OF CHAPTER 55, TITLE 40, TO INCREASE PENALTIES, AND TO REQUIRE THE BOARD TO REFER POSSIBLE VIOLATIONS TO THE SOLICITOR.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

SENT TO THE SENATE

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

H. 4577 -- Ways and Means Committee: A BILL TO AMEND SECTIONS 12-21-2710, AS AMENDED, 12-21-2712, 12-21-2720, AS AMENDED, AND 12-21-2726, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COIN-OPERATED MACHINES OR DEVICES, SO AS TO EXTEND THE PROHIBITION ON SLOT MACHINES AND OTHER MACHINES OR DEVICES PERTAINING TO GAMES OF CHANCE TO VIDEO GAMES WITH A FREE PLAY FEATURE OR ANY OTHER COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING, TO EXTEND THE SEIZURE AND DESTRUCTION PROVISIONS APPLICABLE TO GAMES OF CHANCE TO THESE EXPANDED PROHIBITIONS, TO CONFORM EXISTING LICENSING REQUIREMENTS FOR COIN-OPERATED MACHINES AND DEVICES TO THESE EXPANDED PROHIBITIONS AND TO DELETE REFERENCES TO PROVISIONS OF LAW REPEALED BY THIS SECTION; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO DELETE THE OFFENSE OF OPERATING AN UNMETERED VIDEO GAME WITH A FREE PLAY FEATURE; TO AMEND SECTIONS 16-19-40 AND 16-19-50, RELATING TO THE OFFENSE OF GAMBLING, SO AS TO EXTEND THESE OFFENSES SPECIFICALLY TO PLAYING OR MAINTAINING ANY LICENSED COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING PURPOSES; AND TO REPEAL SECTIONS 12-21-2703, 16-19-60, AND ARTICLE 20, CHAPTER 21 OF TITLE 12, RELATING RESPECTIVELY TO THE RETAIL LICENSE REQUIREMENT FOR A LOCATION WITH VIDEO GAMES WITH A FREE PLAY FEATURE, THE EXEMPTION OF VIDEO GAMES WITH A FREE PLAY FEATURE FROM THE GAMBLING OFFENSES, AND THE VIDEO GAMES MACHINES ACT.

H. 4454--RECALLED AND REFERRED TO THE COMMITTEE
ON LABOR, COMMERCE AND INDUSTRY

On motion of Rep. BAILEY, with unanimous consent, the following Bill was recalled from the Committee on Judiciary and was referred to the Committee on Labor, Commerce and Industry.

H. 4454 -- Reps. Riser, Law, Harrison, Witherspoon, Sharpe, Trotter and Littlejohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-35 SO AS TO REQUIRE A SURVEYOR OF PROPERTY LINES TO NOTIFY AFFECTED LANDOWNERS OR THEIR REPRESENTATIVES OF THE DATE, TIME, AND MANNER OF THE SURVEY BEFORE SURVEYING AND TO PROVIDE A PENALTY FOR VIOLATING THIS SECTION.

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall H. 3054 from the Committee on Education and Public Works.

Rep. SHEHEEN objected.

H. 3300--NON-CONCURRENCE IN SENATE AMENDMENTS

The Senate amendments to the following Bill were taken up for consideration.

H. 3300 -- Reps. Breeland, Cave, Inabinett, Mack, J. Hines, Govan, M. Hines, J. Brown, Lloyd, Pinckney and Byrd: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNITY AND SORORITY LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.

Rep. TOWNSEND explained the Senate amendment.

The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.

H. 4562--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

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.

Whereas, dogs and cats give companionship to and share the homes of over 50,000,000 individuals in the United States; and

Whereas, two unaltered cats and their kittens can produce 420,000 more cats in seven years and two unaltered dogs and their puppies can produce 67,000 more dogs in six years; and

Whereas, humane societies and shelters euthanize eight to ten million dogs and cats each year, although many of them are healthy and adoptable, simply because there are not enough good homes; and

Whereas, the problem of companion animal overpopulation costs the taxpayers of this county millions of dollars annually through animal control programs aimed at coping with the millions of unwanted dogs and cats; and

Whereas, spaying and neutering dogs and cats have been shown to drastically reduce dog and cat overpopulation; and

Whereas, veterinarians, humane societies, and national and local animal protection organizations worked together to ensure the spaying or neutering of more than 78,000 companion animals through "Spay Day USA" in 1997; and

Whereas, veterinarians, humane societies, and national and local animal protection organizations have joined together again to advocate the spaying and neutering of companion animals during "Prevent A Litter Month" and on "Spay Day USA 1998"; and

Whereas, it would be beneficial for the citizens of the Palmetto State to observe "Prevent A Litter Month" and "Spay Day USA 1998" by having their own dogs or cats spayed or neutered or by sponsoring the spaying or neutering of another person's dog or cat. 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, designates February, 1998, as "Prevent A Litter Month" and Tuesday, February 24, 1998, as "Spay Day USA 1998" in South Carolina.

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

MOTION PERIOD

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

H. 4115--AMENDED AND INTERRUPTED DEBATE

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

H. 4115 -- Reps. Harrison, Wilkins, D. Smith, Knotts and McGee: 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.

Rep. SCOTT moved to table the Bill.

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

Yeas 30; Nays 69

Those who voted in the affirmative are:

Battle                 Baxley                 Breeland
Brown, J.              Brown, T.              Cave
Clyburn                Cobb-Hunter            Gourdine
Hines, J.              Howard                 Inabinett
Jennings               Kennedy                Kinon
Lee                    Lloyd                  Mack
McKay                  McLeod                 McMahand
Miller                 Moody-Lawrence         Neal
Pinckney               Scott                  Smith, F.
Smith, J.              Stoddard               Whipper

Total--30

Those who voted in the negative are:

Allison                Altman                 Askins
Barfield               Barrett                Beck
Bowers                 Brown, H.              Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Fleming                Gamble                 Hamilton
Harrell                Harris                 Harrison
Hawkins                Hinson                 Jordan
Keegan                 Kelley                 Klauber
Knotts                 Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Martin                 Mason
McCraw                 McGee                  McMaster
Meacham                Mullen                 Neilson
Phillips               Rhoad                  Rice
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Sheheen
Simrill                Smith, D.              Smith, R.
Stille                 Stuart                 Trotter
Vaughn                 Walker                 Whatley
Wilder                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--69

So, the House refused to table the Bill.

Rep. T. BROWN proposed the following Amendment No. 28 (Doc Name P:\AMEND\GJK\21146AC.98), which was tabled.

Amend the bill, as and if amended, in Section 1-13-5(A), by adding at the end of subsection (A) /No public post secondary institution of higher education may discriminate against or grant preferential treatment to any individual based on the individual's athletic ability or special talents./

Renumber sections to conform.

Amend totals and title to conform.

Rep. T. BROWN explained the amendment.

POINT OF ORDER

Rep. CROMER raised a Point of Order that Amendment No. 28 was out of order in that it was not germane to the Bill.

SPEAKER WILKINS overruled the Point of Order.

Rep. YOUNG moved to table the amendment.

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

Yeas 76; Nays 29

Those who voted in the affirmative are:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Battle                 Bauer                  Beck
Brown, H.              Campsen                Cato
Chellis                Cooper                 Cotty
Cromer                 Dantzler               Davenport
Easterday              Edge                   Fleming
Gamble                 Hamilton               Harrell
Harris                 Harrison               Haskins
Hawkins                Hinson                 Jordan
Keegan                 Kelley                 Kinon
Kirsh                  Klauber                Koon
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Maddox
Martin                 Mason                  McCraw
McGee                  McKay                  Meacham
Miller                 Mullen                 Neilson
Phillips               Quinn                  Rhoad
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Sheheen                Simrill                Smith, R.
Stille                 Stoddard               Stuart
Tripp                  Trotter                Vaughn
Walker                 Whatley                Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

Total--76

Those who voted in the negative are:

Bowers                 Breeland               Brown, J.
Brown, T.              Byrd                   Cave
Clyburn                Cobb-Hunter            Gourdine
Harvin                 Hines, J.              Howard
Inabinett              Jennings               Kennedy
Knotts                 Lee                    Lloyd
Mack                   McLeod                 McMahand
Moody-Lawrence         Neal                   Pinckney
Rice                   Scott                  Smith, J.
Whipper                Wilkes

Total--29

So, the amendment was tabled.

Rep. T. BROWN proposed the following Amendment No. 29 (Doc Name P:\AMEND\KGH\15399AC.98), which was tabled.

Amend the bill, as and if amended, in Section 1-13-5(A), by adding at the end of subsection (A) /No public post secondary institution of higher education may discriminate against or grant preferential treatment to any individual based on the individual's ability or talent in performing arts./

Renumber sections to conform.

Amend title to conform.

Rep. T. BROWN explained the amendment.

Rep. YOUNG moved to table the amendment.

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

Yeas 67; Nays 26

Those who voted in the affirmative are:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Beck                   Brown, H.              Campsen
Cato                   Chellis                Cooper
Cotty                  Cromer                 Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Gamble
Hamilton               Harrell                Harris
Harrison               Hinson                 Jordan
Keegan                 Kelley                 Kinon
Kirsh                  Klauber                Koon
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Martin
Mason                  McCraw                 McGee
McKay                  McMaster               Meacham
Phillips               Riser                  Rodgers
Sandifer               Seithel                Sharpe
Sheheen                Simrill                Smith, R.
Stille                 Stoddard               Stuart
Trotter                Vaughn                 Walker
Whatley                Whipper                Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

Total--67

Those who voted in the negative are:

Bowers                 Breeland               Brown, J.
Brown, T.              Byrd                   Cave
Clyburn                Gourdine               Govan
Harvin                 Hines, J.              Howard
Inabinett              Jennings               Kennedy
Knotts                 Lee                    Mack
McLeod                 McMahand               Moody-Lawrence
Neal                   Rice                   Robinson
Scott                  Smith, J.

Total--26

So, the amendment was tabled.

Rep. J. SMITH proposed the following Amendment No. 30 (Doc Name P:\AMEND\BBM\9667AC.98), which was tabled.

Amend the bill, as and if amended, Section 1-13-5, by adding an appropriate lettered subsection to read:

/( )     Notwithstanding any other provision of law, race may not be the basis for or a factor in the designation of district lines in any district for an elected office in this State including, but not limited to districts for seats in the General Assembly, county councils, and city councils./

Renumber sections to conform.

Amend title to conform.

Rep. J. SMITH moved to table the amendment, which was agreed to.

Rep. T. BROWN proposed the following Amendment No. 31 (Doc Name P:\AMEND\KGH\15398AC.98), which was ruled out of order.

Amend the bill, as and if amended, in Section 1-13-5(A), by adding at the end of subsection (A) /No public post secondary institution of higher education may discriminate against or grant preferential treatment to any individual based on the individual's athletic ability in football./

Renumber sections to conform.

Amend title to conform.

Rep. T. BROWN explained the amendment.

POINT OF ORDER

Rep. CROMER raised a Point of Order that Amendment No. 31 was out of order in that it was not germane to the Bill.

SPEAKER WILKINS overruled the Point of Order.

POINT OF ORDER

Rep. YOUNG raised a Point of Order that Amendment No. 31 was out of order in that it was not germane to the Bill.

SPEAKER WILKINS overruled the Point of Order.

POINT OF ORDER

Rep. YOUNG raised a Point of Order that Amendment No. 31 was out of order in that it was a duplicate of a previously tabled amendment.

SPEAKER WILKINS sustained the Point of Order in accordance with Rule 8.3 in that the amendment was dilatory and therefore ruled the amendment out of order.

Rep. T. BROWN proposed the following Amendment No. 32 (Doc Name P:\AMEND\KGH\15397AC.98), which was ruled out of order.

Amend the bill, as and if amended, in Section 1-13-5(A), by adding at the end of subsection (A) /No public post secondary institution of higher education may discriminate against or grant preferential treatment to any individual based on the individual's athletic ability in basketball./

Renumber sections to conform.

Amend title to conform.

POINT OF ORDER

Rep. YOUNG raised a Point of Order that Amendment No. 32 was out of order in that it was dilatory in nature.

SPEAKER WILKINS sustained the Point of Order in accordance with Rule 8.3 and therefore ruled the amendment out of order.

Rep. T. BROWN proposed the following Amendment No. 33 (Doc Name P:\AMEND\KGH\15396AC.98), which was tabled.

Amend the bill, as and if amended, in Section 1-13-5(A), by adding at the end of subsection (A) /No public post secondary institution of higher education may discriminate against or grant preferential treatment to any individual based on the individual's musical ability or talent./

Renumber sections to conform.

Amend title to conform.

Rep. T. BROWN explained the amendment.

Rep. YOUNG moved to table the amendment.

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

Yeas 71; Nays 26

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Battle                 Bauer                  Beck
Brown, H.              Campsen                Cato
Chellis                Cooper                 Cotty
Cromer                 Dantzler               Davenport
Delleney               Edge                   Fleming
Gamble                 Hamilton               Harrell
Harris                 Harrison               Haskins
Hawkins                Hinson                 Jordan
Keegan                 Kelley                 Kinon
Klauber                Knotts                 Koon
Law                    Leach                  Limehouse
Loftis                 Martin                 Mason
McCraw                 McGee                  McKay
McMaster               Meacham                Miller
Mullen                 Neilson                Phillips
Riser                  Rodgers                Sandifer
Seithel                Sheheen                Simrill
Smith, D.              Smith, R.              Stille
Stoddard               Stuart                 Townsend
Trotter                Vaughn                 Walker
Webb                   Whatley                Wilder
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--71

Those who voted in the negative are:

Askins                 Bowers                 Breeland
Brown, G.              Brown, J.              Brown, T.
Byrd                   Cave                   Gourdine
Govan                  Harvin                 Hines, J.
Inabinett              Jennings               Lee
Littlejohn             Lloyd                  Mack
McLeod                 McMahand               Moody-Lawrence
Neal                   Rhoad                  Rice
Scott                  Whipper

Total--26

So, the amendment was tabled.

Rep. HOWARD moved that the House do now adjourn.

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

Yeas 10; Nays 80

Those who voted in the affirmative are:

Askins                 Bowers                 Cave
Clyburn                Harvin                 Howard
Lee                    Mack                   McLeod
Moody-Lawrence

Total--10

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Battle                 Bauer
Baxley                 Beck                   Brown, G.
Brown, H.              Campsen                Cato
Chellis                Cooper                 Cotty
Cromer                 Dantzler               Davenport
Delleney               Edge                   Fleming
Gamble                 Hamilton               Harrell
Harris                 Harrison               Haskins
Hawkins                Hinson                 Jordan
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Martin
Mason                  McCraw                 McGee
McKay                  McMahand               McMaster
Meacham                Miller                 Neal
Neilson                Phillips               Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Seithel
Sheheen                Simrill                Smith, D.
Smith, F.              Smith, J.              Smith, R.
Stille                 Stuart                 Tripp
Trotter                Vaughn                 Walker
Webb                   Whatley                Wilder
Wilkes                 Wilkins                Woodrum
Young                  Young-Brickell

Total--80

So, the House refused to adjourn.

Rep. T. BROWN proposed the following Amendment No. 34 (Doc Name P:\AMEND\KGH\15402AC.98), which was ruled out of order.

Amend the bill, as and if amended, in Section 1-13-5(A), by adding at the end of subsection (A) /No public or private post secondary institution of higher education may discriminate against or grant preferential treatment to any individual based on the individual's athletic ability or any other special talent./

Renumber sections to conform.

Amend title to conform.

POINT OF ORDER

Rep. YOUNG raised a Point of Order that Amendment No. 34 was out of order in that it was not germane to the Bill.

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

Rep. T. BROWN proposed the following Amendment No. 35 (Doc Name P:\AMEND\KGH\15400AC.98), which was ruled out of order.

Amend the bill, as and if amended, in Section 1-13-5(A), by adding at the end of subsection (A) /No public post secondary institution of higher education may discriminate against or grant preferential treatment to any individual based on the individual's athletic ability./

Renumber sections to conform.

Amend title to conform.

POINT OF ORDER

Rep. YOUNG raised a Point of Order that Amendment No. 35 was out of order in that it was not germane to the Bill.

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

Rep. T. BROWN proposed the following Amendment No. 36 (Doc Name P:\AMEND\KGH\15401AC.98), which was ruled out of order.

Amend the bill, as and if amended, in Section 1-13-5(A), by adding at the end of subsection (A) /No private post secondary institution of higher education may discriminate against or grant preferential treatment to any individual based on the individual's athletic ability or any other special talent./

Renumber sections to conform.

Amend title to conform.

POINT OF ORDER

Rep. YOUNG raised a Point of Order that Amendment No. 36 was out of order in that it was not germane to the Bill.

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

Rep. NEAL proposed the following Amendment No. 37, which was tabled.

Amend the bill, as and if amended, SECTION 1, Page 4115-2, line 30, after /ethnicity,/ by inserting /sexual orientation,/.

Amend title to conform.

POINT OF ORDER

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

SPEAKER WILKINS overruled the Point of Order.

Rep. NEAL explained the amendment.

Rep. YOUNG moved to table the amendment.

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

Yeas 71; Nays 21

Those who voted in the affirmative are:

Allison                Altman                 Askins
Barfield               Barrett                Battle
Bauer                  Baxley                 Beck
Bowers                 Campsen                Chellis
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Gamble
Hamilton               Harrell                Harris
Harrison               Haskins                Hinson
Jordan                 Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Martin
Mason                  McCraw                 McGee
McKay                  McLeod                 McMaster
Meacham                Neilson                Phillips
Rhoad                  Rice                   Riser
Rodgers                Seithel                Sharpe
Sheheen                Simrill                Smith, J.
Smith, R.              Stille                 Stoddard
Townsend               Tripp                  Vaughn
Walker                 Whatley                Wilder
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--71

Those who voted in the negative are:

Breeland               Brown, G.              Brown, J.
Brown, T.              Byrd                   Clyburn
Cromer                 Harvin                 Hines, J.
Inabinett              Kennedy                Lloyd
Mack                   Miller                 Moody-Lawrence
Mullen                 Neal                   Quinn
Scott                  Whipper                Wilkes

Total--21

So, the amendment was tabled.

Rep. NEAL proposed the following Amendment No. 38, which was tabled.

Amend the bill, as and if amended, by deleting Section 2 and inserting:

/Section     2.     This act takes effect 2000./

Renumber sections to conform.

Amend title to conform.

Rep. NEAL explained the amendment.

Rep. SIMRILL moved to table the amendment.

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

Yeas 59; Nays 27

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bauer                  Beck
Campsen                Cato                   Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Gamble                 Hamilton               Harris
Harrison               Haskins                Hinson
Jordan                 Keegan                 Kinon
Kirsh                  Klauber                Knotts
Koon                   Leach                  Limehouse
Littlejohn             Maddox                 Mason
McCraw                 McGee                  McKay
McMaster               Meacham                Phillips
Quinn                  Rice                   Rodgers
Seithel                Sheheen                Simrill
Smith, R.              Stille                 Stoddard
Townsend               Trotter                Vaughn
Walker                 Webb                   Wilder
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--59

Those who voted in the negative are:

Battle                 Baxley                 Bowers
Breeland               Brown, G.              Brown, J.
Brown, T.              Byrd                   Cave
Clyburn                Cromer                 Gourdine
Harvin                 Hines, J.              Inabinett
Kennedy                Lloyd                  Mack
McLeod                 McMahand               Miller
Moody-Lawrence         Neal                   Pinckney
Scott                  Smith, J.              Wilkes

Total--27

So, the amendment was tabled.

Rep. NEAL proposed the following Amendment No. 39, which was tabled.

Amend the bill, as and if amended, by deleting Section 2 and inserting:

/Section     2.     This act takes effect 1999./

Renumber sections to conform.

Amend title to conform.

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

Rep. NEAL proposed the following Amendment No. 40 (Doc Name P:\AMEND\PSD\7162AC.98), which was tabled.

Amend the bill, as and if amended, by adding an appropriately lettered subsection to read:

/( )     For purposes of this section "race" means the definition provided for in 42 USCA Section 2000e-2./

Renumber sections to conform.

Amend title to conform.

Rep. NEAL explained the amendment.

Rep. YOUNG moved to table the amendment.

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

Yeas 67; Nays 22

Those who voted in the affirmative are:

Allison                Altman                 Askins
Barfield               Barrett                Bauer
Baxley                 Beck                   Campsen
Chellis                Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Felder
Fleming                Gamble                 Hamilton
Harrell                Harrison               Haskins
Hawkins                Hinson                 Keegan
Kelley                 Kinon                  Klauber
Knotts                 Koon                   Leach
Limehouse              Littlejohn             Mason
McCraw                 McGee                  McKay
McLeod                 McMaster               Meacham
Phillips               Quinn                  Rice
Robinson               Rodgers                Sandifer
Scott                  Seithel                Sharpe
Sheheen                Simrill                Smith, D.
Smith, R.              Stille                 Tripp
Trotter                Vaughn                 Walker
Webb                   Wilder                 Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

Total--67

Those who voted in the negative are:

Bowers                 Breeland               Brown, J.
Brown, T.              Byrd                   Clyburn
Cobb-Hunter            Cromer                 Gourdine
Harvin                 Hines, J.              Inabinett
Kennedy                Lloyd                  Mack
McMahand               Moody-Lawrence         Neal
Pinckney               Smith, F.              Smith, J.
Whipper

Total--22

So, the amendment was tabled.

Rep. NEAL proposed the following Amendment No. 41 (Doc Name P:\AMEND\PSD\7163AC.98), which was tabled.

Amend the bill, as and if amended, by adding an appropriately lettered subsection to read:

/( )     For purposes of this section "sex" means the definition provided for in 42 USCA Section 2000e-2./

Renumber sections to conform.

Amend title to conform.

Rep. NEAL explained the amendment.

Rep. YOUNG moved to table the amendment.

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

Yeas 68; Nays 27

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Beck                   Campsen                Cato
Chellis                Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Felder
Gamble                 Hamilton               Harris
Harrison               Haskins                Hawkins
Hinson                 Jordan                 Kelley
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Martin                 Mason
McCraw                 McGee                  McKay
McLeod                 McMaster               Meacham
Phillips               Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Sheheen                Simrill                Smith, J.
Smith, R.              Stille                 Stoddard
Tripp                  Vaughn                 Walker
Webb                   Whatley                Wilder
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--68

Those who voted in the negative are:

Askins                 Baxley                 Bowers
Breeland               Brown, G.              Brown, J.
Brown, T.              Byrd                   Cave
Clyburn                Cobb-Hunter            Cromer
Gourdine               Harvin                 Hines, J.
Inabinett              Jennings               Lee
Lloyd                  Mack                   McMahand
Moody-Lawrence         Neal                   Neilson
Scott                  Smith, F.              Wilkes

Total--27

So, the amendment was tabled.

AMENDMENT NO. 40--MOTION TO RECONSIDER TABLED

Rep. SCOTT moved to reconsider the vote whereby Amendment No. 40 was tabled.

Rep. YOUNG moved to table the motion.

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

Yeas 69; Nays 27

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Bauer                  Beck                   Cato
Chellis                Cooper                 Cotty
Dantzler               Delleney               Easterday
Edge                   Felder                 Fleming
Gamble                 Hamilton               Harrell
Harris                 Harrison               Haskins
Hawkins                Hinson                 Keegan
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Maddox                 Martin
Mason                  McCraw                 McGee
McKay                  McMaster               Meacham
Phillips               Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Seithel                Sharpe
Sheheen                Simrill                Smith, D.
Smith, J.              Smith, R.              Stille
Stoddard               Stuart                 Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--69

Those who voted in the negative are:

Battle                 Baxley                 Bowers
Breeland               Brown, G.              Brown, T.
Byrd                   Cave                   Clyburn
Cobb-Hunter            Cromer                 Gourdine
Govan                  Harvin                 Hines, J.
Inabinett              Jennings               Kennedy
Lee                    Lloyd                  Mack
Miller                 Moody-Lawrence         Neal
Pinckney               Scott                  Whipper

Total--27

So, the motion to reconsider was tabled.

Rep. NEAL proposed the following Amendment No. 42 (Doc Name P:\AMEND\PSD\7164AC.98), which was tabled.

Amend the bill, as and if amended, by adding an appropriately lettered subsection to read:

/( )     For purposes of this section "national origin" means the definition provided for in 42 USCA Section 2000e-1./

Renumber sections to conform.

Amend title to conform.

Rep. NEAL explained the amendment.

Rep. YOUNG moved to table the amendment.

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

Yeas 72; Nays 29

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Bauer                  Beck                   Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Felder                 Fleming                Gamble
Hamilton               Harrell                Harrison
Haskins                Hawkins                Hinson
Jordan                 Keegan                 Kelley
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Maddox                 Martin
Mason                  McCraw                 McGee
McKay                  McLeod                 McMaster
Meacham                Phillips               Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, J.              Smith, R.
Stoddard               Stuart                 Tripp
Trotter                Vaughn                 Webb
Whatley                Wilder                 Wilkins
Woodrum                Young                  Young-Brickell

Total--72

Those who voted in the negative are:

Bailey                 Battle                 Baxley
Bowers                 Breeland               Brown, G.
Brown, T.              Byrd                   Cave
Clyburn                Cromer                 Harris
Harvin                 Hines, J.              Inabinett
Jennings               Kennedy                Lee
Lloyd                  Mack                   Miller
Moody-Lawrence         Neal                   Neilson
Pinckney               Scott                  Smith, F.
Whipper                Wilkes

Total--29

So, the amendment was tabled.

Rep. NEAL proposed the following Amendment No. 43 (Doc Name P:\AMEND\PSD\7165AC.98), which was tabled.

Amend the bill, as and if amended, by adding an appropriately lettered subsection to read:

/( )     For purposes of this section "color" means the definition provided for in 42 USCA Section 2000e-2./

Renumber sections to conform.

Amend title to conform.

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

Rep. NEAL proposed the following Amendment No. 44 (Doc Name P:\AMEND\PSD\7171AC.98), which was tabled.

Amend the bill, as and if amended, Section 1-13-5, by adding an appropriately lettered subsection to read:

/( )     For purposes of this section "national origin" is as defined in State law./

Renumber sections to conform.

Amend totals and title to conform.

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

Rep. NEAL proposed the following Amendment No. 45 (Doc Name P:\AMEND\PSD\7169AC.98), which was tabled.

Amend the bill, as and if amended, Section 1-13-5, by adding an appropriately lettered subsection to read:

/( )     For purposes of this section "sex" is as defined in State law./

Renumber sections to conform.

Amend title to conform.

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

Rep. NEAL proposed the following Amendment No. 46 (Doc Name P:\AMEND\BBM\9666AC.98), which was tabled.

Amend the bill, as and if amended, Section 1-13-5(A), by inserting at the end of subsection (A):

/No preferential treatment may be granted to any family member of a member of the general assembly with regard to scholarships or tuition assistance to any post secondary institution of higher education in the State./

Amend title to conform.

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

Rep. NEAL proposed the following Amendment No. 47 (Doc Name P:\AMEND\BBM\9665AC.98), which was tabled.

Amend the bill, as and if amended, Section 1-13-5(A), by inserting at the end of subsection (A):

/No preferential treatment may be granted to any family member of a member of the general assembly with regard to economic benefits provided by the State, including, but not limited to, AFDC and food stamps./

Amend title to conform.

Rep. NEAL explained the amendment.

Rep. YOUNG moved to table the amendment.

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

Yeas 64; Nays 31

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Bauer                  Beck                   Brown, T.
Campsen                Cato                   Chellis
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Felder                 Fleming                Gamble
Hamilton               Harrell                Harrison
Haskins                Hawkins                Hinson
Jordan                 Keegan                 Kelley
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Leach
Limehouse              Martin                 Mason
McCraw                 McGee                  McKay
McMaster               Meacham                Phillips
Quinn                  Rhoad                  Riser
Sandifer               Seithel                Sharpe
Sheheen                Simrill                Smith, R.
Stille                 Stuart                 Townsend
Tripp                  Trotter                Walker
Webb                   Whatley                Whipper
Wilkins                Witherspoon            Woodrum
Young

Total--64

Those who voted in the negative are:

Bailey                 Baxley                 Bowers
Breeland               Brown, J.              Byrd
Cave                   Cobb-Hunter            Cromer
Harris                 Harvin                 Hines, J.
Howard                 Kennedy                Lee
Littlejohn             Lloyd                  Mack
McLeod                 McMahand               Moody-Lawrence
Neal                   Neilson                Pinckney
Rice                   Robinson               Scott
Smith, J.              Stoddard               Wilder
Wilkes

Total--31

So, the amendment was tabled.

Rep. NEAL proposed the following Amendment No. 48 (Doc Name P:\AMEND\KGH\15403AC.98), which was tabled.

Amend the bill, as and if amended, Section 1-13-5, by adding an appropriately numbered subsection to read:

/( )     For purposes of this section, "preferential treatment" means the same as such term is defined in federal law./

Renumber sections to conform.

Amend title to conform.

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

Rep. NEAL proposed the following Amendment No. 49 (Doc Name P:\AMEND\KGH\15404AC.98), which was tabled.

Amend the bill, as and if amended, Section 1-13-5, by adding an appropriately numbered subsection to read:

/( )     For purposes of this section, "discriminating against" means the same as such term is defined in federal law./

Renumber sections to conform.

Amend title to conform.

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

Rep. NEAL proposed the following Amendment No. 50 (Doc Name P:\AMEND\KGH\15405AC.98), which was tabled.

Amend the bill, as and if amended, Section 1-13-5, by adding an appropriately numbered subsection to read:

/( )     For purposes of this section, "state action" means the same as such term is defined in federal law./

Renumber sections to conform.

Amend title to conform.

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

Rep. NEAL proposed the following Amendment No. 51 (Doc Name P:\AMEND\KGH\15406AC.98), which was adopted.

Amend the bill, as and if amended, Section 1-13-5, by adding an appropriately lettered subsection to read:

/( )     For purposes of this section, "political subdivision" includes, but is not limited to, a city, county, municipality, special service district, and public service district./

Renumber sections to conform.

Amend title to conform.

Rep. NEAL explained the amendment.

Rep. SCOTT spoke in favor of the amendment.

The amendment was then adopted.

Rep. NEAL proposed the following Amendment No. 52 (Doc Name P:\AMEND\BBM\9664AC.98), which was tabled.

Amend the bill, as and if amended, Section 1-13-5(A), by inserting at the end of subsection (A):

/No preferential treatment may be granted to any family member of a member of the general assembly with regard to nursing home care provided by the State or any political subdivision of the State./

Amend title to conform.

Rep. NEAL explained the amendment.

Rep. YOUNG moved to table the amendment.

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

Yeas 60; Nays 37

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Battle                 Bauer                  Beck
Campsen                Cato                   Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Felder
Fleming                Gamble                 Hamilton
Harrell                Harris                 Harrison
Hinson                 Jordan                 Kinon
Kirsh                  Klauber                Knotts
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Martin
Mason                  McCraw                 McGee
McKay                  McMaster               Phillips
Riser                  Robinson               Sandifer
Seithel                Sharpe                 Sheheen
Smith, D.              Smith, R.              Stuart
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Whipper                Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--60

Those who voted in the negative are:

Baxley                 Bowers                 Breeland
Brown, G.              Brown, J.              Brown, T.
Byrd                   Clyburn                Cobb-Hunter
Cromer                 Gourdine               Harvin
Hines, J.              Howard                 Inabinett
Jennings               Keegan                 Kelley
Kennedy                Lee                    Lloyd
Mack                   McLeod                 Meacham
Moody-Lawrence         Neal                   Neilson
Pinckney               Rice                   Rodgers
Scott                  Simrill                Smith, F.
Smith, J.              Stoddard               Wilder
Wilkes

Total--37

So, the amendment was tabled.

Rep. NEAL proposed the following Amendment No. 53 (Doc Name P:\AMEND\BBM\9662AC.98), which was adopted.

Amend the bill, as and if amended, Section 1-13-5(A), by inserting at the end of subsection (A):

/No preferential treatment may be granted to any family member of a member of the general assembly with regard to employment with the State or any political subdivision of the State./

Amend title to conform.

Rep. NEAL explained the amendment.

Rep. YOUNG moved to table the amendment.

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

Yeas 51; Nays 52

Those who voted in the affirmative are:

Barfield               Barrett                Bauer
Beck                   Campsen                Cato
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Felder                 Fleming
Hamilton               Harrell                Harrison
Hinson                 Jordan                 Kirsh
Klauber                Koon                   Lanford
Law                    Leach                  Limehouse
Maddox                 Mason                  McCraw
McKay                  McMaster               Phillips
Rhoad                  Riser                  Robinson
Sandifer               Scott                  Sharpe
Sheheen                Smith, R.              Stille
Tripp                  Trotter                Vaughn
Whatley                Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--51

Those who voted in the negative are:

Allison                Bailey                 Battle
Baxley                 Bowers                 Breeland
Brown, J.              Brown, T.              Byrd
Cave                   Chellis                Clyburn
Cobb-Hunter            Cromer                 Gamble
Gourdine               Harris                 Harvin
Haskins                Hines, J.              Howard
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Knotts
Lloyd                  Mack                   Martin
McGee                  McLeod                 McMahand
Meacham                Moody-Lawrence         Mullen
Neal                   Neilson                Quinn
Rice                   Rodgers                Seithel
Simrill                Smith, D.              Smith, F.
Smith, J.              Stoddard               Walker
Webb                   Whipper                Wilder
Wilkes

Total--52

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 90; Nays 9

Those who voted in the affirmative are:

Allison                Bailey                 Barfield
Battle                 Bauer                  Baxley
Beck                   Bowers                 Breeland
Brown, J.              Brown, T.              Byrd
Cato                   Cave                   Chellis
Clyburn                Cobb-Hunter            Cromer
Dantzler               Davenport              Delleney
Edge                   Felder                 Fleming
Gamble                 Gourdine               Hamilton
Harrell                Harris                 Harvin
Haskins                Hawkins                Hinson
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Lanford                Leach                  Limehouse
Littlejohn             Lloyd                  Loftis
Mack                   Maddox                 Martin
Mason                  McCraw                 McGee
McKay                  McLeod                 McMahand
McMaster               Meacham                Moody-Lawrence
Mullen                 Neal                   Neilson
Quinn                  Rhoad                  Rice
Riser                  Rodgers                Sandifer
Scott                  Seithel                Sharpe
Sheheen                Simrill                Smith, F.
Smith, R.              Stille                 Tripp
Trotter                Vaughn                 Walker
Webb                   Whatley                Whipper
Wilder                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--90

Those who voted in the negative are:

Barrett                Campsen                Cotty
Easterday              Harrison               Jordan
Law                    Robinson               Wilkes

Total--9

So, the amendment was adopted.

RECORD FOR VOTING

I voted against Amendment No. 53 because I believe this prohibition of using an elected person's office to influence special treatment for the member or a member of his family is covered by the State Ethics Act. This amendment is duplicative of existing law and complicates and narrows a broad piece of legislation which could jeopardize its final passage.

Rep. MICHAEL E. EASTERDAY

Rep. NEAL proposed the following Amendment No. 54 (Doc Name P:\AMEND\BBM\9663AC.98), which was ruled out of order.

Amend the bill, as and if amended, Section 1-13-5(A), by inserting at the end of subsection (A):

/No preferential treatment may be granted to any family member of a member of the general assembly with regard to health care services provided by the State or any political subdivision of the State./

Amend title to conform.

Rep. NEAL explained the amendment.

POINT OF ORDER

Rep. HAWKINS raised a Point of Order that Amendment No. 54 was out of order in that Amendment No. 57 was not germane to the Bill.

Rep. NEAL argued contra.

Rep. SCOTT argued contra.

Rep. COBB-HUNTER argued contra.

SPEAKER WILKINS, in accordance with Rule 9.3, sustained the Point of Order and therefore ruled the amendment out of order.

Rep. NEAL proposed the following Amendment No. 55 (Doc Name P:\AMEND\PSD\7168AC.98), which was tabled.

Amend the bill, as and if amended, Section 1-13-5, by adding an appropriately lettered subsection to read:

/( )     For purposes of this section "race" is as defined in State law./

Renumber sections to conform.

Amend title to conform.

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

Rep. NEAL proposed the following Amendment No. 56, which was tabled.

Amend the bill, as and if amended, by deleting Section 2 and inserting:

/Section     2.     This act takes effect 2000./

Renumber sections to conform.

Amend title to conform.

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

Rep. SHEHEEN proposed the following Amendment No. 57 (Doc Name L:\H-EMBER\4115.1), which was adopted.

Amend Section 1-13-5 by adding the words "religion, age or disability" after the word "national orgin"

Renumber sections to conform.

Amend totals and title to conform.

Rep. SHEHEEN explained the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 105; Nays 0

Those who voted in the affirmative are:

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

Total--105

Those who voted in the negative are:

Total--0

So, the amendment was adopted.

Rep. NEAL proposed the following Amendment No. 58 (Doc Name P:\AMEND\GJK\21148AC.98), which was tabled.

Amend the bill, as and if amended, in Section 1-13-5(A), page 4115-2, line 29, after /ethnicity,/ by inserting /age,/

Renumber sections to conform.

Amend totals and title to conform.

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

Rep. NEAL proposed the following Amendment No. 59 (Doc Name P:\AMEND\GJK\21147AC.98), which was tabled.

Amend the bill, as and if amended, in Section 1-13-5(A), page 4115-2, line 29, after /ethnicity,/ by inserting /religion,/

Renumber sections to conform.

Amend totals and title to conform.

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

Rep. NEAL proposed the following Amendment No. 60 (Doc Name P:\AMEND\PSD\7172AC.98), which was tabled.

Amend the bill, as and if amended, Section 1-13-5, by adding an appropriately lettered subsection to read:

/( )     For purposes of this section "color" is as defined in State law./

Renumber sections to conform.

Amend title to conform.

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

Rep. NEAL proposed the following Amendment No. 61, which was tabled.

Amend the bill, as and if amended, by deleting Section 2 and inserting:

/Section     2.     This act takes effect 2002./

Renumber sections to conform.

Amend title to conform.

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

Rep. NEAL proposed the following Amendment No. 62, which was tabled.

Amend the bill, as and if amended, by deleting Section 2 and inserting:

/Section     2.     This act takes effect 2003./

Renumber sections to conform.

Amend title to conform.

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

Rep. NEAL proposed the following Amendment No. 63, which was tabled.

Amend the bill, as and if amended, by deleting Section 2 and inserting:

/Section     2.     This act takes effect 2004./

Renumber sections to conform.

Amend title to conform.

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

Rep. NEAL proposed the following Amendment No. 64, which was tabled.

Amend the bill, as and if amended, by deleting Section 2 and inserting:

/Section     2.     This act takes effect 2005./

Renumber sections to conform.

Amend title to conform.

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

Rep. NEAL proposed the following Amendment No. 65, which was tabled.

Amend the bill, as and if amended, by deleting Section 2 and inserting:

/Section     2.     This act takes effect 2006./

Renumber sections to conform.

Amend title to conform.

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

Rep. NEAL proposed the following Amendment No. 5 (Doc Name P:\AMEND\BBM\9326MM.97), which was tabled.

Amend the bill, as and if amended, in Section 1 on page 4115-2, by striking line 33 and inserting /education, public contracting, or health care./

Amend title to conform.

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

Rep. NEAL proposed the following Amendment No. 6, which was tabled.

Amend the bill, as and if amended, SECTION 1, page 4115-2, line 30, after /ethnicity,/ by inserting /age,/.

Amend title to conform.

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

Rep. NEAL proposed the following Amendment No. 7, which was tabled.

Amend the bill, as and if amended, in Section 1, on page 4115-1, at line 31, by striking /or granting preferential treatment/

Amend title to conform.

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

Rep. NEAL proposed the following Amendment No. 8, which was tabled.

Amend the bill, as and if amended, in Section 1, on page 4115-2, by striking line 33 and inserting /education, public contracting, or juvenile and adult corrections./

Amend title to conform.

Rep. NEAL explained the amendment.

Rep. HARRISON moved to table the amendment.

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

Yeas 75; Nays 27

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Bauer                  Beck                   Bowers
Campsen                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Fleming                Gamble                 Hamilton
Harrell                Harris                 Harrison
Haskins                Hawkins                Hinson
Jordan                 Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Leach                  Limehouse              Littlejohn
Loftis                 Maddox                 Martin
Mason                  McCraw                 McGee
McKay                  McLeod                 McMaster
Meacham                Mullen                 Phillips
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Sheheen                Simrill                Smith, D.
Smith, J.              Smith, R.              Stille
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--75

Those who voted in the negative are:

Askins                 Battle                 Baxley
Breeland               Brown, G.              Brown, J.
Brown, T.              Byrd                   Cave
Clyburn                Cromer                 Govan
Harvin                 Hines, J.              Inabinett
Jennings               Kennedy                Lee
Lloyd                  Mack                   McMahand
Moody-Lawrence         Neal                   Neilson
Pinckney               Scott                  Smith, F.

Total--27

So, the amendment was tabled.

Rep. NEAL proposed the following Amendment No. 9, which was tabled.

Amend the bill, as and if amended, Page 41153, by striking all of SECTION 2 and inserting:

/SECTION     2.     This act takes effect upon the final judicial approval of California Proposition 209./

Amend title to conform.

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

Rep. NEAL proposed the following Amendment 10, which was tabled.

Amend the bill, as and if amended, in Section 1, on page 4115-1, by striking all after /,/ on line 32 and inserting /or public education./

Amend title to conform.

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

Rep. NEAL proposed the following Amendment No. 11, which was tabled.

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

/SECTION     __.     This act is an expression of the concern of the State of South Carolina for the long history of discrimination against white males in this State./

Amend title to conform.

Rep. NEAL explained the amendment.

Rep. YOUNG 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 70 to 15.

Rep. NEAL proposed the following Amendment No. 12, which was adopted.

Amend the bill, as and if amended, in Section 1, on page 4115-3, after line 15, by adding /(I) Nothing in this section must be construed as preventing State Agencies from performing their responsibilities pursuant to Section 1-13-110./

Reletter subsections to conform.

Amend title to conform.

Rep. NEAL explained the amendment.

The amendment was then adopted.

Rep. NEAL proposed the following Amendment No. 13, which was tabled.

Amend the bill, as and if amended, in Section 1, on page 4115-3, after line 15, by adding /(I) Nothing in this section must be construed as prohibiting affirmative action plans to achieve equal employment opportunity./

Reletter subsections to conform.

Amend title to conform.

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

Rep. NEAL proposed the following Amendment No. 14, which was tabled.

Amend the bill, as and if amended, in Section 1, on Page 4115-3, by adding after line 15, /(I) Nothing in this section must be construed as prohibiting the State's institutions of higher learning from implementing their access and equity programs./

Reletter subsections to conform.

Amend title to conform.

Rep. NEAL explained the amendment.

Rep. YOUNG moved to table the amendment.

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

Yeas 62; Nays 39

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Bauer                  Beck                   Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Fleming
Gamble                 Hamilton               Harrell
Harrison               Haskins                Hawkins
Hinson                 Jordan                 Keegan
Kelley                 Kinon                  Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Martin
Mason                  McGee                  McKay
Meacham                Mullen                 Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Simrill
Smith, R.              Stoddard               Trotter
Vaughn                 Walker                 Whatley
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--62

Those who voted in the negative are:

Battle                 Baxley                 Bowers
Breeland               Brown, J.              Brown, T.
Byrd                   Cave                   Clyburn
Cobb-Hunter            Cromer                 Gourdine
Govan                  Harris                 Harvin
Hines, J.              Inabinett              Jennings
Kennedy                Lee                    Lloyd
Mack                   Maddox                 McCraw
McLeod                 McMahand               Miller
Moody-Lawrence         Neal                   Neilson
Phillips               Pinckney               Scott
Sheheen                Smith, J.              Stille
Webb                   Whipper                Wilder

Total--39

So, the amendment was tabled.

Rep. NEAL proposed the following Amendment No. 15, which was tabled.

Amend the bill, as and if amended, in Section 1 on page 4115-3, after line 15, by adding /(I)     Nothing in this section must be construed as prohibiting affirmative action plans to achieve equal educational opportunity./

Reletter subsections to conform.

Amend title to conform.

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

Rep. NEAL proposed the following Amendment No. 16, which was adopted.

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

/SECTION     _____.     Notwithstanding any other provision of law, the employment of quotas to achieve equality is prohibited./

Renumber sections to conform.

Amend title to conform.

Rep. NEAL explained the amendment.

The question then recurred to the adoption of the amendment.

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

The amendment was then adopted by a division vote of 81 to 3.

Rep. NEAL proposed the following Amendment No. 17, which was tabled.

Amend the bill, as and if amended, in Section 1, on Page 4115-2, by striking line 33 and inserting /education, public contracting, or housing./

Amend title to conform.

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

Rep. NEAL proposed the following Amendment No. 18, which was tabled.

Amend the bill, as and if amended, in Section 1, on page 4115-2, by striking line 33 and inserting /education, public contracting, or public law enforcement./

Amend title to conform.

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

Reps. MOODY-LAWRENCE, NEAL, CANTY and SCOTT proposed the following Amendment No. 27, which was tabled.

State Agencies:

All employers must list and publish all criteria that define the job qualifications.

Rep. MOODY-LAWRENCE explained the amendment.

Rep. YOUNG moved to table the amendment.

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

Yeas 77; Nays 23

Those who voted in the affirmative are:

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

Total--77

Those who voted in the negative are:

Bowers                 Breeland               Brown, J.
Brown, T.              Byrd                   Cave
Clyburn                Cobb-Hunter            Gourdine
Govan                  Harvin                 Hines, J.
Inabinett              Lee                    Lloyd
Mack                   McMahand               Moody-Lawrence
Neal                   Scott                  Smith, F.
Whipper                Wilkes

Total--23

So, the amendment was tabled.

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

Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, cloture having been ordered.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4603 -- Reps. J. Hines, Neilson and Baxley: A CONCURRENT RESOLUTION TO CONGRATULATE DR. MAMIE B. DUPREE OF SUMTER COUNTY, PRINCIPAL OF LAMAR ELEMENTARY SCHOOL, ON HER SELECTION AS A WOMAN OF ACHIEVEMENT FOR 1998 BY THE GOVERNOR'S OFFICE COMMISSION ON WOMEN IN APPRECIATION FOR HER EXEMPLARY SERVICE TO PUBLIC EDUCATION IN SOUTH CAROLINA.

H. 4604 -- Reps. J. Hines and M. Hines: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MS. HERMENA SWINTON OF FLORENCE COUNTY AND TO HONOR HER ON THE OCCASION OF BEING SELECTED AS THE "1997 OUTSTANDING OLDER SOUTH CAROLINIAN" BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES OFFICE ON AGING.

H. 4612 -- Reps. Young, Woodrum and Harvin: A CONCURRENT RESOLUTION RECOGNIZING AND SALUTING HARRY T. HARVIN, D.D.S., OF SUMTER COUNTY FOR HIS OUTSTANDING CAREER OF SERVICE AND EXTENDING BEST WISHES TO HIM UPON HIS RETIREMENT.

H. 4615 -- Reps. G. Brown and Harvin: A CONCURRENT RESOLUTION TO COMMEND AND THANK WADE S. KOLB, JR., OF SUMTER FOR HIS OUTSTANDING SERVICE AS SOLICITOR OF THE THIRD JUDICIAL CIRCUIT.

H. 4616 -- Reps. Wilkins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, 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 TO CONGRATULATE AND COMMEND THE SOUTH CAROLINA MEDICAL ASSOCIATION ON THE CELEBRATION OF ITS ONE HUNDRED FIFTY YEARS OF IMPROVING THE HEALTH OF THE CITIZENS OF THIS STATE.

H. 4620 -- Rep. G. Brown: A CONCURRENT RESOLUTION CONGRATULATING MRS. LILLIE MCCOY HUCKS ON THE HAPPY OCCASION OF HER SEVENTIETH BIRTHDAY, FEBRUARY 13, 1998.

ADJOURNMENT

At 12:30 P.M. the House in accordance with the motion of Rep. BAUER adjourned in memory of David Poston of Myrtle Beach, to meet at 10:00 A.M. tomorrow.

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