Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our Father God, as we come to the beginning of another week of service, we see the snow white scroll like a new page unfolding before us. We pray that throughout this day and this week our record may be unstained by any word or act unworthy of the best. Increase our dedication to the holiest and the highest, as we march to the drumbeat of Your truths. When the hammer of Your purpose is beating on the anvil of time, may this our beloved State be fashioned into an instrument in which Your will is always done.
To You, Lord, we render our praise and honor. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. McMAHAND moved that when the House adjourns, it adjourn in memory of Anderson Morman of Spartanburg, grandfather of Representative BRENDA LEE, which was agreed to.
Rep. LITTLEJOHN, from the Spartanburg Delegation, submitted a favorable report, on:
H. 4400 -- Rep. D. Smith: A BILL TO AMEND ACT 321 OF 1969, RELATING TO THE CREATION OF THE DRAYTON FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT THE BOARD OF FIRE CONTROL MAY BORROW FROM TWENTY THOUSAND DOLLARS TO FIVE HUNDRED THOUSAND DOLLARS.
Ordered for consideration tomorrow.
The following was introduced:
H. 4627 -- Rep. R. Smith: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SILVER SPIRIT MARCHING BAND OF SILVER BLUFF HIGH SCHOOL IN AIKEN COUNTY UPON WINNING THE CLASS 2A STATE MARCHING BAND CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. MEACHAM, with unanimous consent, the following was taken up for immediate consideration:
H. 4628 -- Reps. Meacham, Simrill, Moody-Lawrence, McCraw, Delleney and Kirsh: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 10, 1998, "YORK COUNTY DAY".
Whereas, the population of York County has grown over twenty percent during the past ten years to a current total of 143,800 and is expected to grow by 76,000 by the year 2015; and
Whereas, York County ranked second in the State in the number of jobs announced during 1997, with 2,296 new jobs; and
Whereas, York County's total estimated assessed property valuation for 1997 exceeded 558.2 million dollars; and
Whereas, York County expects to announce over 250 million dollars in existing industry investment in 1998; and
Whereas, gross retail sales in York County have more than doubled since 1986 and increased over five percent during the past year to an estimated 2.5 billion dollars; and
Whereas, a total of seventy companies, some nationally known, announced plans to locate or expand in York County in 1997, providing a capital investment of over 214 million dollars; and
Whereas, the citizens of York County passed a one cent sales tax to collect approximately 99 million dollars to be used to pay for critical road improvements. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly recognize York County for its many accomplishments and declare March 10, 1998, "York County Day".
Be it further resolved that a copy of this resolution be forwarded to each of the six chambers of commerce in York County.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4629 -- Rep. Neal: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MR. AND MRS. TALLY ADAMS OF RICHLAND COUNTY ON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY AND TO EXTEND BEST WISHES TO THEM AND THEIR FAMILY ON THIS DAY OF JOY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4630 -- Reps. Fleming and Wilder: A BILL TO AMEND ACT 951 OF 1970, AS AMENDED, RELATING TO THE SOUTH SIDE FIRE DISTRICT IN UNION COUNTY, SO AS TO INCREASE ITS BORROWING AUTHORITY FROM TWENTY THOUSAND DOLLARS TO TWO HUNDRED FIFTY THOUSAND DOLLARS.
On motion of Rep. FLEMING, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4631 -- Reps. Fleming, Seithel, Martin, Simrill and Davenport: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL SAFETY ACT OF 1998" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-7-12 SO AS TO PROVIDE FOR DESIGNATION AND ASSIGNMENT OF SCHOOL RESOURCE OFFICERS BY THE GOVERNING BODIES OF CERTAIN POLITICAL SUBDIVISIONS, INCLUDING SCHOOL DISTRICTS, TO WORK WITHIN THE SCHOOL SYSTEMS OF MUNICIPALITIES OR COUNTIES, AND TO DEFINE A SCHOOL RESOURCE OFFICER; BY ADDING SECTION 59-63-335 SO AS TO PROVIDE FOR PAYMENT OF A PARTY'S ATTORNEY'S FEES UPON FAILURE OF A SCHOOL ADMINISTRATOR TO REPORT CERTAIN CRIMINAL CONDUCT; TO AMEND SECTION 59-63-360, RELATING TO THE ATTORNEY GENERAL MONITORING SCHOOL CRIMES, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL OR HIS DESIGNEE MAY REPRESENT THE LOCAL SCHOOL DISTRICT WHEN A CRIMINAL CASE INVOLVING SCHOOL CRIME IS APPEALED TO AN APPELLATE COURT OF COMPETENT JURISDICTION; TO AMEND SECTION 59-63-370, RELATING TO STUDENT CONVICTION OR DELINQUENCY ADJUDICATION FOR CERTAIN OFFENSES, SO AS TO INCLUDE WEAPONS OFFENSES FOR PURPOSES OF NOTIFICATION OF THE SENIOR ADMINISTRATOR AT THE STUDENT'S SCHOOL AND PLACEMENT OF INFORMATION IN PERMANENT SCHOOL RECORDS; BY ADDING SECTION 59-63-375 SO AS TO DEFINE A WEAPON FOR PURPOSES OF SECTION 59-63-370.
Referred to Committee on Judiciary.
H. 4632 -- Reps. Fleming, Klauber, R. Smith, Kirsh, Seithel, Simrill, Mason, Hawkins, Moody-Lawrence, Martin, Phillips, Vaughn, Littlejohn, Walker, Davenport, Maddox, Whatley, Gamble and Limehouse: A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE SOUTH CAROLINA GANG VIOLENCE ACT WHICH PROHIBITS CERTAIN CONDUCT IN REGARD TO GANG VIOLENCE AND ACTIVITY AND TO PROVIDE CERTAIN PENALTIES FOR VIOLATIONS OF THIS PROVISION; AND TO AMEND SECTION 16-9-340, AS AMENDED, RELATING TO THE UNLAWFUL INTIMIDATION OF COURT OFFICIALS, JURORS, AND WITNESSES, SO AS TO INCLUDE GANG MEMBERS WITHIN THE PROHIBITION.
Referred to Committee on Judiciary.
H. 4633 -- Reps. Barrett, Meacham, Mason, Hawkins, Beck, Kirsh, Gourdine, Edge, Simrill, Moody-Lawrence, Sandifer, Martin, Robinson, Dantzler, Rodgers, Rice, Young-Brickell, Witherspoon, Byrd, Stille, Webb, Davenport, Maddox and Riser: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO REQUIRE REPORTING OF CONVICTIONS OF VIOLATIONS OCCURRING WHILE OPERATING A MOTOR VEHICLE TO THE DEPARTMENT OF PUBLIC SAFETY AND REPORTING VIOLATIONS WHILE HUNTING OR FISHING TO THE DEPARTMENT OF NATURAL RESOURCES; AND TO AMEND SECTIONS 50-9-1120 AND 56-1-720, RELATING RESPECTIVELY TO THE POINT SYSTEM FOR DRIVER LICENSES AND HUNTING AND FISHING LICENSES, SO AS TO ASSIGN POINTS UNDER THESE POINT SYSTEMS FOR LITTERING VIOLATIONS.
Referred to Committee on Judiciary.
H. 4634 -- Reps. Sandifer, Quinn, R. Smith, Easterday, Cooper, Simrill, Townsend, Kennedy, Rice, Trotter, Woodrum, Barrett, Cotty, Webb, Martin, Law, Kelley, Koon, Dantzler, McMaster, Harrell, Sharpe, McKay, H. Brown, Robinson, Young, McGee, Cato, Harrison, Riser, Boan, Jennings, Vaughn, Young-Brickell, Keegan, Felder, Haskins, Kirsh, Leach, Meacham and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-735 SO AS TO PROVIDE FOR THE PRORATION OF PROPERTY TAXES BETWEEN TRANSFEROR AND TRANSFEREE ON ITEMS OF PERSONAL PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, NOT INCLUDING MOTOR VEHICLES OR UNITS OF MANUFACTURED HOUSING, AND TO PROVIDE FOR THE LIABILITY FOR PAYMENT OF THE PRORATED TAXES.
Referred to Committee on Ways and Means.
H. 4635 -- Reps. Edge, Whipper, Cobb-Hunter, Easterday, Mason, Rodgers, Barfield, Bowers, Cave, Kennedy, Hamilton, Battle, Inabinett, Gourdine, Woodrum, Hawkins, Hinson, Cato, Seithel, Haskins, McCraw, Clyburn, Harrison, Robinson, Lloyd, Witherspoon, Byrd, Rice, McKay, Bailey, McGee, H. Brown, Rhoad, Dantzler, Kelley, Simrill, Keegan, Moody-Lawrence, Meacham, J. Brown, Limehouse, Whatley, J. Hines, Neilson, Jordan, Wilkes, Young-Brickell and Gamble: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 93 SO AS TO AUTHORIZE THE ISSUANCE OF CERTIFICATES OF AUTHORITY TO NONPROFIT CORPORATIONS TO OPERATE AS HEALTH PLAN PURCHASING COOPERATIVES IN THE STATE AND TO PROVIDE FOR RELATED MATTERS.
Referred to Committee on Labor, Commerce and Industry.
H. 4636 -- Reps. Harrell, Robinson, Campsen, Easterday, Sandifer, Whipper, Baxley, Seithel, Allison, Hinson, McKay, Littlejohn, Jennings, J. Hines, R. Smith, Clyburn, Bailey, Edge, Leach, Cobb-Hunter, Wilkins, Scott, McCraw, Neilson, T. Brown, Townsend, Chellis, Davenport, Stille, Young-Brickell, Walker, Woodrum, Rodgers, Webb, Gamble, A. Harris, Klauber, Kinon, Bauer, Dantzler, Phillips, Cato, Bowers, Barrett, Meacham and Mack: A JOINT RESOLUTION TO PROVIDE THAT NOTWITHSTANDING THE PROVISIONS OF SECTION 59-39-105 OF THE 1976 CODE RELATING TO THE REQUIREMENTS FOR A STAR DIPLOMA, FOR THE 1997-98 AND 1998-99 SCHOOL YEARS ONLY, GRADUATING SENIORS FROM HIGH SCHOOL SHALL BE GRANTED A WAIVER AS AND IF NECESSARY OF THE ADDITIONAL COMPUTER SCIENCE UNIT OR THE ADDITIONAL MATHEMATICS UNIT, OR BOTH, REQUIRED FOR A STAR DIPLOMA AND SCHOLARSHIP.
On motion of Rep. HARRELL, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4637 -- Reps. Fleming and Wilder: A BILL TO AMEND ACT 482 OF 1969, AS AMENDED, RELATING TO THE JONESVILLE FIRE DISTRICT IN UNION COUNTY, SO AS TO INCREASE ITS BORROWING AUTHORITY FROM SEVENTY-FIVE THOUSAND DOLLARS TO TWO HUNDRED FIFTY THOUSAND DOLLARS.
On motion of Rep. FLEMING, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4638 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 1-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACQUISITION AND DISPOSAL OF VEHICLES IN THE STATE FLEET, SO AS TO REQUIRE FIRST PRIORITY FOR PURCHASE OF PASSENGER VEHICLES BEING DISPOSED OF TO HEADS OF HOUSEHOLDS RECEIVING AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC) OR TO PUBLIC OR PRIVATE NONPROFIT AGENCIES WORKING WITH FAMILIES RECEIVING AFDC FOR THE PURPOSE OF ASSISTING THESE FAMILIES IN BECOMING SELF-SUFFICIENT.
Referred to Committee on Ways and Means.
H. 4640 -- Reps. Rhoad, Sharpe, Barfield, T. Brown and Webb: A JOINT RESOLUTION TO REQUIRE A PERSON ENGAGED IN PESTICIDE OPERATIONS TO ENSURE THAT ALL COMPRESSED GAS TANKS OR CYLINDERS USED TO SUPPLY PROPELLANT FOR PESTICIDES ARE EQUIPPED WITH PROPERLY FUNCTIONING BACK FLOW DEVICES.
Rep. RHOAD asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. KNOTTS objected.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 198 -- Senators Cork, Giese and Rose: A BILL TO AMEND SECTION 56-3-1975, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION OF HANDICAPPED PARKING PLACES, SO AS TO REQUIRE HANDICAPPED PARKING SIGNS ERECTED AFTER JUNE 30, 1997, TO INCLUDE THE PENALTIES FOR UNLAWFUL USE.
Referred to Committee on Education and Public Works.
S. 852 -- Senators Martin, J. Verne Smith, Alexander, Wilson, Leventis, Branton, Hutto and Giese: A BILL TO AMEND CHAPTER 3, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, BY ADDING ARTICLE 9 SO AS TO CREATE THE SOUTH CAROLINA JOCASSEE GORGES ENDOWMENT FUND.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 865 -- Senators McConnell, Reese and Mescher: A BILL TO AMEND SECTION 20-7-1370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF FAMILY COURT JUDGES, SO AS TO DELETE A PROVISION ALLOWING A FORMER MEMBER OF THE GENERAL ASSEMBLY TO BE ELECTED TO A FAMILY COURT JUDGESHIP NOTWITHSTANDING ANY OTHER PROVISION OF LAW.
Referred to Committee on Judiciary.
S. 948 -- Senators Ford and Patterson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 33 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION AGAINST MARRIAGES OF WHITES AND NEGROES, SO AS TO REPEAL THE PROHIBITION.
Referred to Committee on Judiciary.
On motion of Rep. ALLISON, with unanimous consent, the following was taken up for immediate consideration:
H. 4639 -- Reps. Allison, Neilson, Baxley and Cromer: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO OUR CURRENT "MISS SOUTH CAROLINA", JANET POWERS OF HARTSVILLE, AND TO ALL OF THE CONTESTANTS COMPETING IN THE 1998 MISS SOUTH CAROLINA PAGEANT FOR THE PURPOSE OF BEING RECOGNIZED FOR THEIR STATEWIDE AND COMMUNITY SERVICE AND CONGRATULATED ON THE SPECIAL OCCASION OF "MISS SOUTH CAROLINA APPRECIATION DAY" ON WEDNESDAY, APRIL 22, 1998, AT A TIME TO BE DETERMINED BY THE SPEAKER.
Be it resolved by the House of Representatives:
That our current "Miss South Carolina," Janet Powers of Hartsville, and all of the contestants competing in the 1998 Miss South Carolina Pageant are extended the privilege of the floor of the House of Representatives for the purpose of being recognized for their statewide and community service and congratulated on the special occasion of "Miss South Carolina Appreciation Day" on Wednesday, April 22, 1998, at a time to be determined by the Speaker.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Barfield Barrett Battle Bauer Baxley Boan Bowers Breeland Brown, H. Brown, J. Byrd Campsen Canty Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Lloyd Loftis 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 Sharpe Sheheen Smith, D. Smith, J. Smith, R. Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, February 17.
Tracy Edge George H. Bailey James L.M. Cromer, Jr. J. Gary Simrill Fletcher Nathaniel Smith, Jr. Timothy C. Wilkes David James Mack III Grady A. Brown Theodore A. Brown Jackson S. Whipper Harry R. Askins Lynn Seithel Scott Beck
LEAVES OF ABSENCE
The SPEAKER granted Rep. LEE a leave of absence for the week due to a death in the family.
The SPEAKER granted Rep. SPEARMAN a leave of absence for the day.
Announcement was made that Dr. Donald Gregg of Greenville is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
BILL NUMBER: H. 4354
DATE REMOVE
2/17/98 John W. Riser
BILL NUMBER: H. 4377
DATE ADD
2/17/98 Walton J. McLeod
The following Bill was taken up.
S. 567 -- Senators Wilson and Giese: A BILL TO AMEND CHAPTER 13, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGY AND COSMETOLOGISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONS IN CHAPTER 1, TITLE 40, AND AMONG OTHER THINGS, TO DISCONTINUE THE ISSUANCE OF TEMPORARY PERMITS AND TO TRANSFER STUDENT RECORDKEEPING RESPONSIBILITIES FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO BEAUTY SCHOOLS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15371AC.98), which was adopted.
Amend the bill, as and if amended, by deleting Section 40-13-110(A)(8) and inserting:
/(8) used a substance or device which is not labeled for cosmetic use./
Renumber sections to conform.
Amend title to conform.
Rep. BATTLE explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name P:\AMEND\KGH\15417AC.98), which was adopted.
Amend the bill, as and if amended, Page 567-24, immediately after line 12, by inserting:
/Section 40-13-355. No member of the board may conduct or be a provider of continuing education courses./
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 3 (Doc Name P:\AMEND\KGH\15416AC.98), which was adopted.
Amend the bill, as and if amended, Section 40-13-250(A), Page 567-21, line 25, before the /./, by inserting:
/; however, a person who has held a license for at least fifteen consecutive years and is sixty years of age or older is exempt from taking continuing education courses/
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. HAMILTON moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Carnell Easterday Hamilton Inabinett Leach Martin McGee Moody-Lawrence Stuart Woodrum Young
Those who voted in the negative are:
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Bowers Breeland Brown, H. Brown, J. Byrd Cato Cave Chellis Clyburn Cotty Cromer Dantzler Delleney Edge Fleming Gamble Harrell Harris Harrison Harvin Hines, J. Hines, M. Hinson Howard Jordan Keegan Kirsh Klauber Knotts Koon Law Limehouse Littlejohn Lloyd Loftis Maddox Mason McAbee McCraw McKay McLeod McMaster Meacham Miller Mullen Neal Neilson Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Stoddard Townsend Tripp Webb Wilder Wilkes Witherspoon Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. JORDAN proposed the following Amendment No. 4 (Doc Name P:\AMEND\GJK\21187CM.98), which was adopted.
Amend the bill, as and if amended, in Section 40-13-10 of the 1976 Code as contained in SECTION 1, page 567-14, beginning on line 38 by deleting /with the advice and consent of the Senate/ after /Governor/;
Renumber sections to conform.
Amend totals and title to conform.
Rep. JORDAN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4377 -- Reps. Haskins, Spearman, Kirsh, Wilkins, Bauer, Cato, Gamble, Leach, Sandifer, Young-Brickell, Riser, Moody-Lawrence and McLeod: 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".
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7181AC.98), which was adopted.
Amend the bill, as and if amended, Section 1 of the bill, page 5, after line 12 by inserting:
/"Section 40-75-400. (A) Nothing in this chapter may be construed to create a right in a licensed specialist in school psychology to:
(1) have paid to a licensed specialist in school psychology a benefit under:
(A) a self-funded plan providing benefits to residents of this State;
(B) accident and health insurance provided to residents of this state;
(C) a plan of operation established by a health maintenance organization licensed in this State; or
(2) have a claim against a third party payer, however situated."/
Renumber sections to conform.
Amend title to conform.
Rep. LAW explained the amendment.
Rep. BAXLEY raised a Point of Order that Amendment No. 1 was out of order under Rule 9.3 in that it was not germane to the Bill.
Rep. HASKINS argued contra.
Rep. SCOTT argued that the Amendment was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. BAXLEY objected to the Bill.
Rep. LAW continued speaking.
Rep. BAXLEY spoke against the amendment and moved to table the amendment.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Breeland Brown, J. Byrd Cave Cobb-Hunter Gourdine Harris Hines, J. Hines, M. Inabinett Jennings Lloyd Mack McLeod McMahand Moody-Lawrence Neal Pinckney Scott Smith, F. Smith, J. Webb Wilder
Those who voted in the negative are:
Allison Altman Bailey Barfield Barrett Battle Bauer Beck Boan Bowers Brown, H. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Edge Felder Gamble Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Howard Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Maddox Martin Mason McAbee McCraw McGee McKay McMaster Meacham Miller Mullen Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Stoddard Stuart Townsend Tripp Trotter Whatley Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of amendments.
Rep. CATO moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4641 -- Reps. McKay, Sheheen, H. Brown, Carnell, McAbee, Baxley, Harrison, Felder and Boan: A CONCURRENT RESOLUTION TO EXTEND THE VERY BEST WISHES OF THE GENERAL ASSEMBLY TO RUSSELL MUNN OF COLUMBIA AS HE RECOVERS FROM HEART SURGERY AND TO WISH HIM A VERY SPEEDY RECOVERY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4642 -- Rep. Townsend: A BILL TO AMEND ACT 258 OF 1998, RELATING GENERALLY TO THE ISSUANCE, SUSPENSION, REVOCATION, AND RENEWAL OF A BEGINNER'S PERMIT, SPECIAL RESTRICTED DRIVER'S LICENSE, PROVISIONAL DRIVER'S LICENSE, AND REGULAR DRIVER'S LICENSE, THE EFFECT OF CERTAIN CONVICTIONS ON A PERSON'S DRIVING RECORD, ISSUANCE OF CERTIFICATES FOR COMPLETING A DRIVER TRAINING COURSE, EXCEPTIONS FROM THE DRIVER'S LICENSING REQUIREMENT, THE TESTING OF THE BAC DATAMASTER, THE ISSUANCE OF LAW ENFORCEMENT OFFICER CERTIFICATES, AND THE OPERATION OF COMMERCIAL MOTOR VEHICLES, SO AS TO PROVIDE THAT A PERSON WHO IS A HOLDER OF A SPECIAL RESTRICTED DRIVER'S LICENSE MAY OBTAIN A REGULAR DRIVER'S LICENSE BEFORE THE AGE OF SEVENTEEN UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Education and Public Works.
H. 4643 -- Reps. Cromer and Clyburn: A BILL TO AMEND SECTION 8-13-1120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATEMENT OF ECONOMIC INTERESTS, SO AS TO REQUIRE IT TO BE FILED ELECTRONICALLY WHEN POSSIBLE.
Referred to Committee on Judiciary.
H. 4644 -- Reps. Quinn and Harrison: A JOINT RESOLUTION TO REQUIRE THE STATE TO SET ASIDE $1,500,000 ANNUALLY TO PAY FEES AND EXPENSES OF PRIVATE COUNSEL APPOINTED IN NONCAPITAL CASES.
Rep. HARRISON asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. SCOTT objected.
Referred to Committee on Ways and Means.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
H. 4377 -- Reps. Haskins, Spearman, Kirsh, Wilkins, Bauer, Cato, Gamble, Leach, Sandifer, Young-Brickell, Riser, Moody-Lawrence and McLeod: 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".
Rep. CATO moved to adjourn debate upon the Bill until Wednesday, February 18, which was adopted.
The following was received.
Columbia, S.C., February 17, 1998
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:00 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. HASKINS the invitation was accepted.
Rep. CATO moved that the House recede until the Ratification of Acts,
and upon completion, the House stand adjourned, which was agreed to.
At 1:00 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R268) S. 75 -- Senators Drummond and Holland: AN ACT TO RATIFY AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, SO AS TO PROVIDE FOR THE "VICTIM'S BILL OF RIGHTS" BY ADDING SECTION 24; AND ALSO TO RATIFY AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION, RELATING TO THE RIGHT OF BAIL, CRUEL OR UNUSUAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE THAT BAIL MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT OFFENSES.
(R269) S. 204 -- Senator Courson: AN ACT TO AMEND SECTION 38-45-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACING INSURANCE WITH A SURPLUS LINES INSURER, SO AS TO CHANGE FROM TWENTY TO THIRTY THE NUMBER OF DAYS WITHIN WHICH A BROKER MUST FILE A WRITTEN REQUEST WITH THE DEPARTMENT OF INSURANCE FOR APPROVAL OF THE PLACEMENT.
(R270) S. 220 -- Senator Hayes: AN ACT TO AMEND SECTION 15-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABATEMENT OF NUISANCES, SO AS TO INCLUDE THE USE OF BUILDINGS OR PLACES FOR REPEATED ACTS OF UNLAWFUL POSSESSION OR SALE OF CONTROLLED SUBSTANCES AND CONTINUOUS BREACH OF THE PEACE AS NUISANCES SUBJECT TO ABATEMENT, AND TO DEFINE "CONTINUOUS BREACH OF THE PEACE".
(R271) S. 380 -- Senator McConnell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-25-315 SO AS TO PROVIDE FOR EMERGENCY CEASE AND DESIST ORDERS TO PREVENT THE UNAUTHORIZED TRANSACTION OF INSURANCE BUSINESS WITHIN THIS STATE AND PROVIDE FOR RELATED MATTERS; AND TO AMEND SECTION 38-25-330, AS AMENDED, RELATING TO THE PENALTY FOR VIOLATING CHAPTER 25, TITLE 38 ON THE UNAUTHORIZED TRANSACTION OF INSURANCE BUSINESS, SO AS TO REQUIRE A WILFULL VIOLATION BEFORE A CONVICTION MAY BE HAD OR A PENALTY IMPOSED, AND CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY.
(R272) S. 832 -- Senators Holland and Giese: AN ACT TO ABOLISH THE KERSHAW COUNTY BOARD OF VOTER REGISTRATION AND KERSHAW COUNTY ELECTION COMMISSION, AND TO CREATE THE KERSHAW COUNTY BOARD OF ELECTIONS AND REGISTRATION.
(R273) S. 861 -- Senator Drummond: AN ACT TO AMEND ACT 1147 OF 1968, AS AMENDED, RELATING TO THE GREENWOOD COUNTY VOCATIONAL FACILITY, SO AS TO RENAME THE FACILITY THE GREENWOOD COUNTY CAREER CENTER.
(R274) S. 923 -- Senator Holland: A JOINT RESOLUTION TO PROVIDE THAT CONCURRENT LAW ENFORCEMENT JURISDICTION IS GRANTED TO THE UNITED STATES OF AMERICA OVER THE NATIONAL ADVOCACY CENTER FOR AS LONG AS THE UNITED STATES OF AMERICA LEASES THE CENTER.
(R275) S. 924 -- Senators Matthews and Hutto: AN ACT TO AMEND ACT 526 OF 1996, RELATING TO THE CONSOLIDATION OF THE SCHOOL DISTRICTS OF ORANGEBURG COUNTY, SO AS TO PROVIDE FOR CERTAIN PROCEDURAL REQUIREMENTS WHICH MUST BE MET BEFORE SCHOOLS MAY BE CLOSED BY THE BOARD OF TRUSTEES OF A CONSOLIDATED DISTRICT, AND TO REQUIRE THE MAINTENANCE OF ALL SCHOOL BUILDINGS WHICH ARE THE RESPONSIBILITY OF A CONSOLIDATED SCHOOL BOARD.
(R276) S. 925 -- Senators Cork and Washington: AN ACT TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
(R277) S. 928 -- Senators Lander, Waldrep, McConnell and Courtney: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A BILL OF RIGHTS FOR CRIME VICTIMS, SO AS TO PROVIDE THAT REQUIREMENTS THAT VICTIMS OF CRIMES BE NOTIFIED AND INFORMED OF THEIR RIGHTS AND PRIVILEGES CONFERRED UPON THEM UNDER THIS SECTION DO NOT APPLY TO CRIMES THE GENERAL ASSEMBLY BY LAW EXCLUDES FROM THESE REQUIREMENTS, AND TO PERMIT THE GENERAL ASSEMBLY BY LAW TO FURTHER DEFINE THE TERM "VICTIM" FOR PURPOSES OF THIS SECTION TO STIPULATE THE SPECIFIC INDIVIDUALS TO WHOM THIS SECTION APPLIES.
(R278) H. 3215 -- Reps. Simrill and Meacham: AN ACT TO AMEND SECTION 17-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TOWN OR CITY POLICE OFFICER'S JURISDICTION WHEN HE IS IN PURSUIT OF AN OFFENDER, SO AS TO PROVIDE THAT THE OFFICER MAY ARREST AN OFFENDER WITHIN THE TOWN OR CITY'S CORPORATE LIMITS, WITHIN THE COUNTY IN WHICH THE TOWN OR CITY IS LOCATED, OR AT A PLACE WITHIN THREE MILES OF THE CORPORATE LIMITS, TO PROVIDE THAT WHEN COUNTY POLICE AUTHORITIES ARE IN PURSUIT OF AN OFFENDER FOR VIOLATING A COUNTY ORDINANCE OR STATE STATUTE COMMITTED WITHIN THE UNINCORPORATED AREAS OF THE COUNTY, THE AUTHORITIES MAY ARREST THE OFFENDER WITHIN THE UNINCORPORATED AREAS OR AT A PLACE WITHIN AN ADJACENT COUNTY, AND TO PROVIDE THAT WHEN A LAW ENFORCEMENT OFFICER'S JURISDICTION IS EXPANDED, CERTAIN AUTHORITY, RIGHTS, PRIVILEGES, AND IMMUNITIES THAT ARE APPLICABLE TO AN OFFICER EMPLOYED WITHIN HIS JURISDICTION ARE EXTENDED TO HIS EXPANDED JURISDICTION.
(R279) H. 3590 -- Reps. Gourdine, Altman, Breeland, Harrell, Cobb-Hunter, Bailey, Inabinett, H. Brown, Hinson, Law, Govan, Chellis, Mack, Stuart, Lloyd, Dantzler, Seithel, Limehouse, Felder, Whatley, Battle, Young-Brickell and Campsen: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-708 SO AS TO PROHIBIT IN GAME ZONE 6 THE USE OF ARTIFICIAL LIGHTS FROM ANY VEHICLE OR WATER AND CONVEYANCE FOR THE PURPOSE OF OBSERVING OR HARASSING WILDLIFE AND TO PROVIDE AN EXCEPTION AND PENALTIES.
(R280) H. 4131 -- Rep. Sheheen: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF SECONDARY ROAD S28-52, ACADEMY DRIVE, IN KERSHAW COUNTY, BETWEEN U.S. HIGHWAY 1 NORTH AND THE CAMDEN MILITARY ACADEMY PROPERTY LINE.
(R281) H. 4189 -- Reps. T. Brown and Miller: AN ACT TO AMEND SECTION 7-7-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GEORGETOWN COUNTY, SO AS TO REVISE CERTAIN OF THESE PRECINCTS.
(R282) H. 4466 -- Reps. Sheheen and H. Brown: AN ACT TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
(R283) H. 4469 -- Reps. Limehouse, Cato, Campsen and H. Brown: AN ACT TO AMEND SECTION 54-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE OF PORT PILOTS SO AS TO DIRECT THE COMMISSIONERS OF PILOTAGE TO ESTABLISH CERTAIN SHORT BRANCH LICENSE REQUIREMENTS AND RESTRICTIONS; AND TO AMEND SECTION 54-15-120 RELATING TO PREREQUISITES TO LICENSING IN THE PORT OF CHARLESTON, SO AS TO REVISE THE LEVELS WHICH AN APPRENTICE MUST OBTAIN BEFORE LICENSURE.
The Senate returned to the House with concurrence the following:
H. 4295 -- Reps. Neilson, Stuart and Rhoad: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA AREA HEALTH EDUCATION CONSORTIUM IN CONDUCTING ITS STATEWIDE NEEDS ASSESSMENT OF ALL HEALTH PROFESSIONALS TO EXAMINE THE PROBLEMS OF THE RECRUITMENT AND RETENTION OF NURSES AIDES IN SOUTH CAROLINA NURSING HOMES AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 1998.
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.
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.
H. 4627 -- Rep. R. Smith: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SILVER SPIRIT MARCHING BAND OF SILVER BLUFF HIGH SCHOOL IN AIKEN COUNTY UPON WINNING THE CLASS 2A STATE MARCHING BAND CHAMPIONSHIP.
H. 4629 -- Rep. Neal: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MR. AND MRS. TALLY ADAMS OF RICHLAND COUNTY ON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY AND TO EXTEND BEST WISHES TO THEM AND THEIR FAMILY ON THIS DAY OF JOY.
At 1:25 P.M. the House in accordance with the motion of Rep. McMAHAND adjourned in memory of Anderson Morman of Spartanburg, grandfather of Representative BRENDA LEE, to meet at 2:00 P.M. tomorrow.
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