South Carolina General Assembly
111th Session, 1995-1996
Journal of the House of Representatives

THURSDAY, JANUARY 18, 1996

Thursday, January 18, 1996
(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:

Lord, in the business of this day keep us focused on You. Work through us, we pray, to soothe pains and mend wounds. Where there is injustice, make of us Your healing hands. Forgive our failures and frailties which we try so desperately to hide. Grant us the peace of Your presence, and let us rest in the certainty that Your forgiveness will surely bless us tomorrow. At times we seem to loose a sense of purpose, and we drift like leaves driven in the wind. Keep steadfast, then, our sense of purpose anchored in Your infallible Word, and help us to know that whatever we do for You and for others is forever worthwhile.

Be with us, then, lest we forget, lest we forget. 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. COTTY moved that when the House adjourns, it adjourn in memory of James E. Georgaklis of Columbia, which was agreed to.

REPORT OF STANDING COMMITTEE

Rep. WELLS, from the Spartanburg Delegation, submitted a favorable report, on:

H. 3161 -- Rep. Littlejohn: A BILL TO AMEND ACT 388 OF 1969, AS AMENDED, RELATING TO THE CREATION OF THE GLENDALE AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL FROM THREE TO FIVE.

Ordered for consideration tomorrow.

APPOINTMENT CONFIRMED

The following was received.

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

January 2, 1996
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

STATEWIDE APPOINTMENT

Reappointment, State Ethics Commission, with term to commence June 30, 1996, and to expire June 30, 2001:

At-Large:

Mr. Richard Vance Davis, 117 Hialeah Road, Greenville, S.C. 29607

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

HOUSE RESOLUTION

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

H. 4457 -- Rep. Wilkins: A HOUSE RESOLUTION TO SET THURSDAY, JANUARY 25, 1996, AT 10:30 A.M. AS THE TIME FOR ELECTING A MEMBER TO FILL A VACANCY ON THE HOUSE OPERATIONS AND MANAGEMENT COMMITTEE.

Be it resolved by the House of Representatives:

That the House of Representatives elect a member to fill a vacancy on the House Operations and Management Committee on Thursday, January 25, 1996, at 10:30 a.m. in the Hall of the House of Representatives.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 4458 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2907 SO AS TO EXEMPT SUPERVISED VOLUNTEERS IN CHILD DAY CARE SETTINGS FROM REQUIRED FINGERPRINT REVIEWS AND TO PROVIDE THAT AN EMPLOYEE OR CAREGIVER IN A CHILD DAY CARE SETTING ONLY MUST OBTAIN A STATE FINGERPRINT REVIEW UPON A CHANGE OF EMPLOYMENT.

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

H. 4459 -- Rep. Townsend: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO CHANGE THE NUMBER OF REQUIRED HOURS OF SUCH EDUCATION BIENNIALLY.

Referred to Committee on Labor, Commerce and Industry.

H. 4460 -- Reps. J. Brown, McMahand, Williams and Byrd: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-270 SO AS TO PROVIDE THAT NOTHING IN TITLE 38 MAY LIMIT AN INSURER OR OTHER THIRD PARTY PAYOR FROM DETERMINING THE SCOPE OF ITS BENEFITS AND OTHER TERMS OF ITS CONTRACTS WITH PROVIDERS EXCEPT THAT THE CONTRACT PROVIDING COVERAGE TO AN INSURED MAY NOT EXCLUDE THE RIGHT OF ASSIGNMENT OF BENEFITS TO A PROVIDER AT THE SAME BENEFIT RATE AS PAID TO A CONTRACT PROVIDER.

Referred to Committee on Labor, Commerce and Industry.

H. 4461 -- Reps. Tucker, Herdklotz, G. Brown, J. Brown, Inabinett, Bailey, McMahand, Dantzler, S. Whipper, Richardson, Knotts, Whatley, Stuart, Fulmer, Shissias, Stoddard, Koon, Byrd, Vaughn, Waldrop, Martin, McCraw, Delleney, Easterday, J. Young, Law, Lloyd, Meacham, Tripp, Felder, Phillips, Lanford, McKay and Kinon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-75 SO AS TO PROVIDE THAT NO PERSON MAY BE CHARGED WITH SHOOTING DOVES OVER BAIT IF THE FIELD OVER WHICH THE DOVES ARE HUNTED HAS BEEN PREPARED BY BROADCASTING WHEAT BY HAND OR MACHINE RANDOMLY OVER THE FIELD WHERE THE WHEAT SEEDS HAVE NOT BEEN PILED TOGETHER IN MOUNDS, CLUMPS, OR SIMILAR NONRANDOM CONFIGURATIONS.

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

H. 4462 -- Reps. Riser, G. Brown, Koon and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-13-45 SO AS TO CREATE TWO CLASSES OF PESTICIDE REGISTRATION FEES, TO PROVIDE FOR AMOUNT OF THE FEE FOR A BASIC FEE, AND PROVIDE A PROCEDURE FOR THE DETERMINATION OF THE SPECIAL FEE AND HOW THE MONIES DERIVED FROM THE SPECIAL FEE MUST BE USED; AND TO AMEND SECTION 46-13-40, AS AMENDED, RELATING TO STANDARDS FOR CERTIFICATION OF PESTICIDE APPLICATORS, SO AS TO DELETE THE ANNUAL FEES FOR RESTRICTED AND UNRESTRICTED USE OF A PESTICIDE PRODUCT.

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

H. 4463 -- Reps. Allison, Wells, Limbaugh, Seithel, Simrill, Shissias, Hallman, Cotty, Bailey, Lanford, Meacham, Law, Lee, Littlejohn, Fleming, Walker, Wofford, Stuart, Chamblee, Vaughn, Sandifer, Stille, Dantzler, Fulmer, Townsend, Tucker, Davenport, Thomas and Phillips: A BILL TO AMEND SECTION 16-3-1550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIM IMPACT STATEMENTS, SO AS TO PROVIDE THAT A STATEMENT MAY BE CONSIDERED AT A SENTENCING OR DISPOSITION HEARING IN FAMILY COURT, AND A COPY OF A STATEMENT MUST BE FORWARDED TO THE BOARD OF JUVENILE PAROLE.

Referred to Committee on Judiciary.

H. 4464 -- Reps. Allison, Wells, Seithel, Simrill, Townsend, Shissias, Hallman, Cotty, Lanford, Meacham, Vaughn, Lee, Littlejohn, Walker, Dantzler, Chamblee, Wofford, Stille, Stuart, Bailey, Limbaugh, Sandifer, Tucker, Fleming, Fulmer, Law, Davenport, Thomas and Phillips: A BILL TO AMEND SECTION 16-3-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO REVISE THE AGE OF A VICTIM OF THIS OFFENSE.

Referred to Committee on Judiciary.

H. 4465 -- Reps. Allison, Wells, Seithel, Shissias, Hallman, Cotty, Lanford, Townsend, Lee, Littlejohn, Fleming, Walker, Chamblee, Stille, Bailey, Dantzler, Sandifer, Fulmer, Law, Davenport, Vaughn, Thomas, Tucker and Phillips: A BILL TO AMEND SECTION 16-15-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON CERTAIN CHILDREN, SO AS TO REVISE THE AGES OF A VICTIM AND A PERPETRATOR OF THIS OFFENSE.

Referred to Committee on Judiciary.

H. 4466 -- Rep. Kirsh: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA NONECONOMIC DAMAGE AWARDS ACT OF 1996" WHICH PROVIDES FOR CERTAIN LIMITS ON THE AMOUNT AND TYPES OF DAMAGE AWARDS IN PERSONAL INJURY ACTIONS, AND WHICH PROVIDES FOR FINDINGS WHICH MUST BE MADE IN REGARD TO SUCH DAMAGE AWARDS.

Referred to Committee on Judiciary.

H. 4467 -- Reps. Allison, Vaughn, Cain, McCraw, Wilder, Kinon, S. Whipper, Littlejohn, Fleming, Wells, Kirsh, Jennings, Moody-Lawrence, Bailey, Cooper, Phillips, Lanford and Stille: A BILL TO AMEND SECTION 6-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF A PETITION PRIOR TO THE ACQUISITION OF A PROJECT BY A JOINT AGENCY, SO AS TO FURTHER ALLOW THE PUBLIC SERVICE COMMISSION TO APPROVE CERTAIN TYPES OF PROJECTS WHICH CONSIST OF CERTAIN KINDS OF ELECTRIC GENERATING PLANTS AND PROVIDE THAT THE COMMISSION'S APPROVAL IS NOT NECESSARY FOR PROJECTS FOR TRANSMISSION, DISTRIBUTION, OR TRANSFORMATION OF ELECTRIC POWER AND ENERGY; TO AMEND SECTION 6-23-90, RELATING TO THE RIGHTS AND POWERS OF A JOINT AGENCY, SO AS TO DELETE A REFERENCE TO SECTION 6-23-120, DELETE THE PROVISION WHICH PROVIDES FOR JOINT AGENCIES TO ACQUIRE NOT LESS THAN TEN PERCENT OF RATED CAPACITY FROM AN ELECTRIC SUPPLIER, ADDING A PROVISION FOR JOINT AGENCIES TO NEGOTIATE AND ENTER CONTRACTS WITH ANY PERSON, FIRM, OR CORPORATION, WITHIN OR WITHOUT THE STATE, AUTHORIZING JOINT AGENCIES TO ENTER INTO CONTRACTS MAKING THEM OBLIGATED TO MAKE PAYMENTS REQUIRED BY A CONTRACT WHERE THE FACILITIES FROM WHICH SERVICES ARE PROVIDED ARE COMPLETED, OPERABLE AND OPERATING, AND THAT THESE PAYMENTS ARE NOT SUBJECT TO REDUCTIONS AND ARE NOT CONDITIONED UPON THE PERFORMANCE OR NONPERFORMANCE OF ANY PARTY; TO AMEND SECTION 6-23-170, RELATING TO INVESTMENTS OF A JOINT AGENCY OF MONIES PENDING DISBURSEMENT, SO AS TO PROVIDE THAT THE BOARD OF DIRECTORS OR PERSONS AUTHORIZED TO MAKE INVESTMENT DECISIONS ON BEHALF OF JOINT AGENCIES ARE CONSIDERED TO BE TRUSTEES AND SUBJECT TO THE PRUDENT INVESTOR STANDARD; AND TO REPEAL SECTION 6-23-120, RELATING TO THE SALE OF EXCESS POWER OR OUTPUT OF A PROJECT NOT THEN REQUIRED BY ANY OF THE MEMBERS OF THE JOINT AGENCY.

Referred to Committee on Labor, Commerce and Industry.

H. 4468 -- Rep. Kirsh: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 34 SO AS TO ENACT THE "SOUTH CAROLINA ELIMINATION OF DOUBLE RECOVERIES ACT OF 1996" WHICH IN TORT ACTIONS PERMITS THE INTRODUCTION INTO EVIDENCE OF COLLATERAL SOURCE PAYMENTS WHICH HAVE BEEN PAID OR MAY BE DUE THE CLAIMANT, WHICH PERMITS THE TRIER OF FACT TO CONSIDER THESE COLLATERAL SOURCE PAYMENTS WHEN DETERMINING THE AMOUNT OF DAMAGES, AND WHICH REQUIRES CERTAIN FINDINGS IN REGARD TO DAMAGE AWARDS IN TORT ACTIONS.

Referred to Committee on Judiciary.

H. 4469 -- Reps. Wilkins, Sharpe, Haskins, Cato, D. Smith, Townsend, J. Brown and Harrison: A BILL TO ENACT THE "SOUTH CAROLINA EFFECTIVE DEATH PENALTY ACT OF 1996" INCLUDING PROVISIONS TO ADD SECTION 16-3-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROHIBIT, WITHOUT PRIOR COURT APPROVAL, CONTACT WITH JURORS WHO SENTENCED AN INDIVIDUAL TO DEATH BY ATTORNEYS OR AGENTS OF THAT INDIVIDUAL; BY ADDING SECTION 17-25-375 SO AS TO FURTHER PROVIDE FOR PROCEDURES FOR THE SETTING OF EXECUTION DATES; BY AMENDING SECTION 17-25-380, RELATING TO NOTICES OF THE INTENT TO EXECUTE A DEATH SENTENCE, SO AS TO FURTHER PROVIDE FOR THESE NOTICE REQUIREMENTS; BY ADDING SECTION 17-27-130 SO AS TO CLARIFY THE CIRCUMSTANCES WHEN THE ATTORNEY-CLIENT PRIVILEGE IS WAIVED IN STATE POST-CONVICTION PROCEEDINGS, AND TO PROVIDE FOR CERTAIN ACCESS OF NEW COUNSEL TO THE FILES OF PRIOR COUNSEL IN CASES OF DEFENDANTS SENTENCED TO DEATH; BY ADDING SECTION 17-27-140 SO AS TO REQUIRE THE SENTENCING TRIAL JUDGE IN CAPITAL CASES TO PRESIDE OVER COLLATERAL REVIEW PROCEEDINGS UNLESS ACTUAL BIAS OR PREJUDICE IS FOUND TO EXIST; BY ADDING SECTION 17-27-150 SO AS TO PROVIDE THAT DISCOVERY PROCESSES ARE ONLY AVAILABLE TO THE PARTIES IN A STATE POST-CONVICTION RELIEF CASE UPON A SHOWING OF GOOD CAUSE; AND BY ADDING SECTION 17-27-160 SO AS TO PROVIDE FOR TIME LIMITS IN CERTAIN MATTERS IN STATE POST-CONVICTION RELIEF CASES INVOLVING A SENTENCE OF DEATH FOR THE PURPOSE OF EXPEDITING REVIEW OF SUCH CASES, AND TO FURTHER PROVIDE FOR THE APPOINTMENT AND COMPENSATION OF COUNSEL IN THESE CASES.

Referred to Committee on Judiciary.

H. 4470 -- Rep. Hodges: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXCLUDE FROM THE DEFINITION FEES IMPOSED ON THE SALE OF MOTOR OIL, NEW TIRES, LEAD-ACID BATTERIES, AND WHITE GOODS PURSUANT TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991.

Referred to Committee on Ways and Means.

H. 4471 -- Reps. Cato, Vaughn, Easterday, Tripp and Rice: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1996 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY FAVOR SUBDIVIDING THE DISTRICT INTO THREE OR MORE SEPARATE SCHOOL DISTRICTS AND REQUIRING THE CHAIRMAN OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION TO SUBMIT A PLAN OF SUBDIVISION DEVELOPED BY THE DELEGATION TO THE QUALIFIED ELECTORS OF THE DISTRICT IN 1998 FOR THEIR APPROVAL IF THE RESULTS OF THE 1996 REFERENDUM ARE IN FAVOR OF SUBDIVIDING THE DISTRICT.

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

H. 4472 -- Reps. Klauber, Hallman, Seithel, H. Brown, Sandifer, Cain, Kirsh, Richardson, R. Smith, Bailey, Fulmer, Wofford, Young-Brickell, Dantzler, Koon, Wilkins, J. Young, Cato, Limbaugh, Carnell, J. Harris, Wells, Allison, Spearman, Waldrop and Phillips: A BILL TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS AND PRISONERS, BY ADDING CHAPTER 27 SO AS TO REQUIRE SPECIFIED PAYMENTS OF FILING FEES AND COURT COSTS REGARDING INMATE LITIGATION, TO PROVIDE FOR THE LOSS OF EARNED WORK, EDUCATION, AND GOOD-TIME CREDITS BY A PRISONER IF THE COURT FINDS HE ENGAGED IN CERTAIN IMPROPER ACTIONS REGARDING LEGAL OR ADMINISTRATIVE PROCEEDINGS, AND TO PREVENT A PRISONER FROM BRINGING CERTAIN CIVIL ACTIONS OR APPEALS IF HE HAS BEEN FOUND ON THREE OR MORE PRIOR OCCASIONS OF HAVING INSTITUTED FRIVOLOUS LITIGATION.

Referred to Committee on Judiciary.

H. 4473 -- Reps. Littlejohn, Wells, Wilder, Walker, Davenport, Lanford, Allison, Lee, Vaughn and D. Smith: A BILL TO AMEND ACT 879 OF 1960, AS AMENDED, RELATING TO THE CREATION OF THE CROFT FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL FROM THREE TO FIVE AND DECREASE FROM SIX TO FOUR YEARS THE LENGTH OF THE TERM OF THE COMMISSIONERS.

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

ROLL CALL

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

Allison                Anderson               Askins
Bailey                 Baxley                 Boan
Breeland               Brown, H.              Brown, T.
Cain                   Cato                   Cave
Chamblee               Clyburn                Cobb-Hunter
Cooper                 Cotty                  Cromer
Dantzler               Davenport              Delleney
Easterday              Elliott                Fleming
Fulmer                 Gamble                 Govan
Hallman                Harrell                Harris, J.
Harris, P.             Harrison               Haskins
Herdklotz              Hines, J.              Hines, M.
Hodges                 Howard                 Inabinett
Jaskwhich              Jennings               Keegan
Kelley                 Kennedy                Kinon
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Lee                    Limbaugh               Limehouse
Littlejohn             Lloyd                  Marchbanks
Martin                 Mason                  McAbee
McCraw                 McKay                  McMahand
McTeer                 Meacham                Moody-Lawrence
Neal                   Neilson                Phillips
Rhoad                  Rice                   Richardson
Riser                  Robinson               Sandifer
Scott                  Seithel                Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Thomas                 Townsend               Tripp
Trotter                Tucker                 Vaughn
Waldrop                Walker                 Wells
Whatley                Whipper, L.            Whipper, S.
White                  Wilder                 Wilkes
Wilkins                Williams               Witherspoon
Wofford                Worley                 Wright
Young                  Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, January 18.

Joe E. Brown                      William D. Keyserling
Alma W. Byrd                      Timothy F. Rogers
Richard M. Quinn, Jr.             Heyward G. Hutson
Ralph W. Canty                    Grady A. Brown
Marion P. Carnell                 C. Alex Harvin III
Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. McELVEEN a leave of absence for the day due to a family medical situation.

DOCTOR OF THE DAY

Announcement was made that Dr. John Ravita of Columbia is the Doctor of the Day for the General Assembly.

ORDERED TO THIRD READING

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

H. 4455 -- Rep. Delleney: A BILL TO AMEND SECTION 7-7-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND PLACES IN CHESTER COUNTY, SO AS TO CHANGE THE POLLING PLACE IN THE EDGEMOOR PRECINCT FROM THE OLD EDGEMOOR SCHOOLHOUSE TO THE EDGEMOOR COMMUNITY PARK.

H. 4329 -- Reps. P. Harris, Waldrop, Neilson, Lanford, Inabinett, Keyserling, Hutson, Cain, Shissias, T. Brown, J. Brown, Harvin, Carnell, Rogers, Scott, Meacham and Clyburn: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON AGING IN CONJUNCTION WITH THE CENTER OF HEALTH POLICY, INSTITUTE OF PUBLIC AFFAIRS, UNIVERSITY OF SOUTH CAROLINA, TO EVALUATE AND STUDY OPTIONS FOR CONSUMER FINANCING OF LONG-TERM CARE AND TO REPORT AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY.

Rep. CAVE explained the Joint Resolution.

H. 4361 -- Reps. P. Harris, Waldrop, Neilson, Lanford, Inabinett, Keyserling, Cain, Shissias, T. Brown, J. Brown, Jennings, Harvin, Carnell, Rogers and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-36-325 SO AS TO DIRECT THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER TO DEVELOP A GRANT PROGRAM TO ASSIST WITH PROBLEMS RELATIVE TO THIS DISEASE AND TO REQUIRE THE GRANT RECIPIENT TO PROVIDE MATCHING FUNDS OR IN-KIND CONTRIBUTIONS.

Rep. CAVE explained the Bill.

H. 4329--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. BAILEY, with unanimous consent, it was ordered that H. 4329 be read the third time tomorrow.

H. 4361--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. NEILSON, with unanimous consent, it was ordered that H. 4361 be read the third time tomorrow.

SENT TO THE SENATE

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

H. 3879 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-3-315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPUTY ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THEIR AUTHORITY, POWERS, AND REQUIREMENTS.

H. 3532 -- Reps. Wright, H. Brown, Cato, Cooper, Fulmer, Harvin, Harwell, Keegan, Knotts, Koon, Wilkins and A. Young: A BILL TO AMEND TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMUSEMENTS, GAMES, AND ATHLETIC CONTESTS BY ADDING CHAPTER 19 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN A ROLLER SKATING ACTIVITY CAUSED BY AN INHERENT RISK OF ROLLER SKATING.

H. 4442 -- Reps. Vaughn, McMahand, Cato, Rice, Anderson, Herdklotz, Tripp, Haskins, Wilkins, Easterday and Jaskwhich: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF AUGUST 28, 1995, MISSED BY THE STUDENTS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE DISTRICT'S SCHOOLS WERE CLOSED DUE TO RECORD-SETTING RAINS, HEAVY FLOODING, AND CLOSED ROADS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 4397 -- Reps. Wilkins, Huff, Sharpe, H. Brown, D. Smith, Cato, Townsend, Haskins, J. Brown, Littlejohn, Herdklotz, Hutson, J. Young, Jennings, Simrill, Bailey, Harrell, Allison, Law, Walker, Gamble and Richardson: A BILL ENACTING THE ECONOMIC DEVELOPMENT INDUSTRIAL CLUSTER ACT OF 1996, BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-6-3480, 38-7-190, AND 12-10-45 SO AS TO ALLOW CERTAIN INCOME TAX CREDITS TO BE APPLIED AGAINST INSURANCE PREMIUM TAX LIABILITIES AND VICE VERSA AND TO PROVIDE FOR THE DESIGNATION OF ADDITIONAL ENTERPRISE ZONES IN THE CASE OF PROJECTS OF QUALIFYING TIRE MANUFACTURERS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE TAX CREDIT CARRY FORWARD PERIOD FROM TEN TO FIFTEEN YEARS; TO AMEND SECTION 12-10-70, RELATING TO ADDITIONAL TAX CREDITS ALLOWED IN ENTERPRISE ZONES AND OTHER SITUATIONS RELATED TO SOCIO-ECONOMIC STATUS, SO AS TO EXTEND THESE PROVISIONS TO QUALIFYING TIRE MANUFACTURERS AND ALLOW THE QUALIFICATION OF A PERCENTAGE OF TRANSFERRED EMPLOYEES AS NEW EMPLOYEES IN THE CASE OF AN ELIGIBLE TIRE MANUFACTURER; TO AMEND SECTION 12-10-80, RELATING TO THE JOB DEVELOPMENT FEES ALLOWED QUALIFYING BUSINESSES, SO AS TO CLARIFY THE STATUS OF THE FEES IN THE EVENT OF DISQUALIFICATION AND PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH JOB DEVELOPMENT FEES MAY BE EXPENDED; TO AMEND SECTION 12-14-30, RELATING TO DEFINITIONS UNDER THE ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT OF 1995, SO AS TO PROVIDE ADDITIONAL ELIGIBILITY FOR QUALIFYING FOR THE BENEFITS ALLOWED IN THE ACT; TO AMEND SECTION 12-21-2423, AS AMENDED, RELATING TO THE RETENTION OF A PORTION OF ADMISSIONS LICENSE TAXES FOR MAJOR TOURISM OR RECREATION PROJECTS, SO AS TO CLARIFY THE APPLICATION OF THE PROVISION ALLOWING THE RETENTION OF THESE TAX REVENUES; AND TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND ALLOWABLE DEPRECIATION OF PROPERTY FOR PURPOSES OF PROPERTY TAXATION, SO AS TO ALLOW A HIGHER DEPRECIATION RATE FOR RUBBER PRODUCTS AND ALLOW A LOWER DEPRECIATION LIMIT FOR QUALIFYING TIRE MANUFACTURERS.

H. 4425 -- Ways and Means Committee: A JOINT RESOLUTION MAKING APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.

H. 3307--DEBATE ADJOURNED

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

H. 3307 -- Reps. J. Brown, Baxley, Jennings, Limbaugh, Law, H. Brown, Cotty, Knotts, Witherspoon, A. Young, Townsend, Clyburn, Moody-Lawrence, Rogers, Fleming, Walker, Scott, Hines, Stuart, R. Smith, Neal, Littlejohn, Anderson, Cave, Lanford, Kennedy, Inabinett, Tripp, Stille, Hallman, Phillips, G. Brown, Simrill, Govan, Wright, Wilder, Neilson, S. Whipper, Harwell, Richardson, Breeland, Shissias, Easterday, Fair, Harrison, L. Whipper, Vaughn, Wells, Spearman, McCraw, Herdklotz, Huff, Beatty, Williams, Riser, Kelley, Cooper, J. Young, T. Brown, Dantzler, Haskins, Sharpe, Klauber, Kirsh, Thomas, Byrd, Mason, Davenport and Jaskwhich: A BILL TO AMEND SECTION 40-51-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF PODIATRY, ITS MEMBERS, TERMS, AND REMOVAL, SO AS TO REVISE THE PROCEDURES FOR NOMINATING MEMBERS AND FOR REMOVAL FROM OFFICE AND TO DELETE THE PROVISIONS PERTAINING TO A MEDICAL CONSULTANT AND A LEGAL ADVISOR TO THE BOARD; TO AMEND SECTION 40-51-80, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO ALLOW RECIPROCAL LICENSING WITHOUT TAKING AN EXAMINATION; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSES WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; AND TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS.

Rep. J. BROWN moved to adjourn debate upon the Senate amendments, until Tuesday, February 6, which was adopted.

H. 3203--SENT TO THE SENATE

The following Bill was taken up.

H. 3203 -- Rep. Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES OR APPOINTED OR ELECTED TO A COUNTY BOARD OF EDUCATION AFTER JULY 1, 1995, WHO PREVIOUSLY HAS NOT SERVED IN SUCH OFFICE, SHALL SUCCESSFULLY COMPLETE AN ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL REIMBURSE LOCAL SCHOOL DISTRICTS AND BOARDS OF EDUCATION FOR THE COST OF THESE ORIENTATIONS UP TO A MAXIMUM AMOUNT PER YEAR.

The Bill was read the third time, and ordered sent to the Senate by a division vote of 59 to 24.

SENT TO THE SENATE

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

H. 3057 -- Reps. Tucker, Simrill, Wofford, D. Smith, Haskins, Vaughn, Harrison, Cooper, Limbaugh, Elliott, Richardson, Gamble, Stuart, Phillips, Knotts and Spearman: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF CIRCUIT COURT JURY LISTS FROM A TAPE OF THOSE PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO DELETE THIS PROVISION AND PROVIDE THAT THESE JURY LISTS MUST BE PREPARED BY THE STATE ELECTION COMMISSION FROM THE NAMES OF THE REGISTERED VOTERS IN THE COUNTY.

H. 3653--SENT TO THE SENATE

The following Bill was taken up.

H. 3653 -- Reps. Cato, H. Brown, G. Brown, Neilson, Bailey, A. Young, Knotts, Meacham, Davenport, Simrill, Shissias, Cooper, Wright, Jennings, Spearman, Marchbanks and Harrison: A BILL TO AMEND SECTION 56-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO REVISE THE DEFINITION OF "MOTOR VEHICLE LIABILITY POLICY".

Rep. WALKER spoke against the Bill.

Rep. CATO spoke in favor of the Bill.

LEAVE OF ABSENCE

The SPEAKER granted Rep. CANTY a leave of absence for the remainder of the day to attend a funeral.

Rep. RICHARDSON spoke in favor of the Bill.

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

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

Yeas 88; Nays 26

Those who voted in the affirmative are:

Allison                Anderson               Askins
Bailey                 Boan                   Brown, G.
Brown, H.              Brown, T.              Cain
Cato                   Cooper                 Cotty
Cromer                 Dantzler               Davenport
Delleney               Easterday              Elliott
Felder                 Fleming                Fulmer
Gamble                 Govan                  Hallman
Harris, J.             Harris, P.             Harrison
Haskins                Herdklotz              Hodges
Hutson                 Inabinett              Jennings
Kennedy                Keyserling             Kinon
Kirsh                  Klauber                Knotts
Lanford                Law                    Limbaugh
Limehouse              Lloyd                  Marchbanks
Martin                 McAbee                 McMahand
Meacham                Moody-Lawrence         Neilson
Quinn                  Rhoad                  Richardson
Riser                  Robinson               Rogers
Sandifer               Scott                  Seithel
Shissias               Simrill                Smith, D.
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Thomas
Townsend               Tripp                  Trotter
Tucker                 Vaughn                 Waldrop
Wells                  Whatley                Whipper, L.
Whipper, S.            White                  Wilder
Wilkes                 Wilkins                Wofford
Worley                 Wright                 Young
Young-Brickell

Total--88

Those who voted in the negative are:

Baxley                 Byrd                   Canty
Cave                   Chamblee               Clyburn
Cobb-Hunter            Harrell                Hines, J.
Hines, M.              Howard                 Jaskwhich
Keegan                 Kelley                 Koon
Lee                    Littlejohn             Mason
McCraw                 McTeer                 Neal
Phillips               Rice                   Sheheen
Walker                 Witherspoon

Total--26

So, the Bill was read the third time, and ordered sent to the Senate.

S. 870--DEBATE ADJOURNED

Rep. TOWNSEND moved to adjourn debate upon the following Concurrent Resolution until Wednesday, January 24, which was adopted.

S. 870 -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE HIGHWAY 76/378 IN SUMTER COUNTY AS THE R. J. CHIC MATHIS HIGHWAY.

H. 4419--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 4419 -- Rep. Anderson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME SOUTH CAROLINA HIGHWAY 81 FROM THE CITY LIMIT OF GREENVILLE TO THE POINT ONE MILE SOUTH OF THE CITY LIMIT IN GREENVILLE COUNTY IN HONOR OF BISHOP WILLIAM EDWARD FULLER, SR.

Whereas, Bishop William Edward Fuller, Sr., was born on January 29, 1875, in Mountville, South Carolina; and

Whereas, Bishop Fuller led the Fire Baptized Holiness Church of God of the Americas for sixty years; and

Whereas, Bishop Fuller was a great statesman, educator, a man of cohesive power and wisdom, a dynamic preacher, and a crusader for the true and living God; and

Whereas, he was the founder, organizer, and president of the Fuller Normal and Industrial Institute in Atlanta, Georgia, which opened its doors in 1912; and

Whereas, in 1923, Bishop Fuller moved the Fuller Normal and Industrial Institute from Atlanta, Georgia, to Greenville, South Carolina; and

Whereas, under his leadership, the Greenville campus grew to include twelve acres of land, the Caroline Williams Phelps Administration Building, and Emma Wright Fuller Hall which served as an academic classroom building and dormitory; and

Whereas, after Bishop Fuller's death in 1958, his son, Bishop William Edward Fuller, Jr., has carried on his father's legacy by overseeing the addition of ten and one-half acres to the Institute's campus and construction of four additional buildings; and

Whereas, the Fuller Normal and Industrial Institute has hosted numerous national and international religious conventions and meetings; and

Whereas, it is filling and proper that South Carolina 81 from the city limit of Greenville to the point one mile south of the city limit in Greenville County be designated and named the "Bishop William Edward Fuller, Sr., Highway" as a lasting tribute to this distinguished South Carolinian. Now, therefore,

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

That the members of the General Assembly request that the Department of Transportation designate and name South Carolina Highway 81 in Greenville County described in this resolution as the "Bishop William Edward Fuller, Sr., Highway" and to install appropriate markers or signs at places along the highway as the department considers advisable containing the words "Bishop William Edward Fuller, Sr., Highway."

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and the family of Bishop William Edward Fuller, Sr.

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

H. 4423--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 4423 -- Rep. Rice: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT A MARKER AT THE INTERSECTION OF UNITED STATES HIGHWAY 25 AND SOUTH CAROLINA HIGHWAY 124 IN GREENVILLE COUNTY HONORING MR. RICKY DALE PERRY.

Whereas, Mr. Ricky Dale Perry was born on September 20, 1958, in Greenville County, South Carolina, and was a member of Saint Paul United Methodist Church in Greenville; and

Whereas, Ricky was a graduate of Parker High School and attended Greenville Technical College; and

Whereas, he devoted his life to helping his fellow man; and

Whereas, Ricky's life tragically was cut short by a drunk driver while he was assisting a stranded motorist at the intersection of United States Highway 25 and South Carolina Highway 124; and

Whereas, his heroism and compassion was recognized by the Greenville County Council in a resolution issued on October 17, 1989; and

Whereas, it is fitting and proper that a marker be erected at the intersection of United States Highway 25 and South Carolina Highway 124 in Greenville County as a lasting tribute to Mr. Ricky Dale Perry's lifelong humanitarian efforts. Now, therefore,

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

That the members of the General Assembly request that the Department of Transportation erect a marker at the intersection of United States Highway 25 and South Carolina Highway 124 that memorializes the life and commemorates the humanitarian work of Mr. Ricky Dale Perry.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to the family of Mr. Ricky Dale Perry.

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

RECURRENCE TO THE MORNING HOUR

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

INTRODUCTION OF BILLS

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

H. 4474 -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-375 SO AS TO ESTABLISH A SEPARATE GRIEVANCE PROCEDURE FOR DEPARTMENT OF TRANSPORTATION EMPLOYEES EXEMPTED FROM THE GENERAL STATE EMPLOYEES GRIEVANCE PROCESS; BY ADDING SECTION 57-1-360 SO AS TO DIRECT THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION TO FOSTER THE CREATION OF PRIVATE/PUBLIC PARTNERSHIPS AND TO REQUIRE ANNUAL PROGRAM REPORTS; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO STATE EMPLOYEES EXEMPT FROM THE EMPLOYEE GRIEVANCE PROCESS, SO AS TO EXEMPT VARIOUS CATEGORIES OF DEPARTMENT OF TRANSPORTATION EMPLOYEES; AND TO AMEND SECTION 57-3-20, AS AMENDED, RELATING TO DIVISION DEPUTY DIRECTORS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO REQUIRE A FUTURE APPOINTEE TO THE POSITION OF DIVISION DEPUTY FOR CONSTRUCTION, ENGINEERING, AND PLANNING TO BE A PROFESSIONAL ENGINEER.

Without reference.

H. 4475 -- Reps. Baxley, Neilson, R. Smith, Cain, Kirsh, Lloyd, J. Hines, Dantzler, Thomas, Clyburn, Chamblee, M. Hines and Jennings: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXCLUDE FROM THE DEFINITION MEMBERSHIP FEES OR DUES REQUIRED TO BE PAID TO A VENDOR FOR THE PAYOR TO BE ABLE TO PURCHASE TANGIBLE PERSONAL PROPERTY FROM THE VENDOR.

Referred to Committee on Ways and Means.

H. 4476 -- Reps. Seithel, Bailey, Kelley, Thomas, Harrison, Fulmer, Whatley, Cain, Young-Brickell and J. Young: A BILL TO AMEND SECTIONS 56-1-40 AND 56-1-180, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY OBTAIN A DRIVER'S LICENSE, BEGINNER'S PERMIT, AND A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A PERSON UNDER SEVENTEEN YEARS OF AGE OR WHO HAS NOT COMPLETED SUCCESSFULLY A DRIVER TRAINING COURSE MAY NOT OBTAIN A DRIVER'S LICENSE AND TO REVISE THE AGE THAT A PERSON MUST BE AND THE LENGTH OF TIME A PERSON MUST POSSESS A BEGINNER'S PERMIT TO OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE.

Referred to Committee on Education and Public Works.

OBJECTION TO RECALL

Rep. COTTY asked unanimous consent to recall H. 4061 from the Committee on Education and Public Works.

Rep. COOPER objected.

OBJECTION TO RECALL

Rep. HUTSON asked unanimous consent to recall H. 4112 from the Committee on Education and Public Works.

Rep. TOWNSEND objected.

MOTION PERIOD

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

H. 3380--RECONSIDERED AND TABLED

The motion of Rep. LANFORD to reconsider the vote whereby debate was adjourned on the following Bill was taken up and agreed to.

H. 3380 -- Reps. Lanford, Wilkins, Hallman, Koon, Mason, Sandifer, Simrill, Wright, Cain, Allison, Wells, Walker, A. Young, McCraw, Hines, Cato, Inabinett, Breeland, Herdklotz, S. Whipper, Davenport and Beatty: A BILL TO AMEND SECTION 20-7-2205, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST COMMITTING A STATUS OFFENDER TO THE CUSTODY OF A CORRECTIONAL INSTITUTION OR SECURE EVALUATION CENTER OPERATED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT SUCH COMMITMENT MAY BE MADE TO A SECURE EVALUATION CENTER FOR AN INDETERMINATE PERIOD NOT TO EXCEED FORTY-FIVE DAYS.

Rep. LANFORD moved to table the Bill, which was agreed to.

H. 3174--DEBATE ADJOURNED

Rep. KELLEY moved to adjourn debate upon the following Bill until Wednesday, January 24, which was adopted.

H. 3174 -- Reps. P. Harris and Richardson: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A BEGINNER'S DRIVING PERMIT, SO AS TO INCREASE ITS FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, ITS FEE, AND CONTENTS, SO AS TO INCREASE THE DRIVER'S LICENSE FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 56-3-760, AS AMENDED, RELATING TO REGISTRATION FEE FOR MOTORCYCLES AND MOTOR-DRIVEN CYCLES, SO AS TO INCREASE THE FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 59-53-2010, RELATING TO A STATEWIDE MOTORCYCLE SAFETY INSTRUCTION PROGRAM, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 59-53-2020, RELATING TO THE CREATION, ADMINISTRATION, INSTRUCTORS, AND CURRICULUM ASSOCIATED WITH THE MOTORCYCLE SAFETY INSTRUCTION PROGRAM, SO AS TO ELIMINATE THE "MOTORCYCLE SAFETY INSTRUCTION PROGRAM", TO CREATE THE "MOTORCYCLE SAFETY EDUCATION PROGRAM", TO ESTABLISH THE MOTORCYCLE SAFETY EDUCATION PROGRAM'S ADMINISTRATION'S PURPOSE, COURSE ENROLLMENT REQUIREMENTS, INSTRUCTOR REQUIREMENTS, AND CURRICULUM; BY ADDING SECTION 59-53-2022 SO AS TO REQUIRE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION DEVELOP CERTAIN WRITTEN POLICIES AND PROCEDURES; BY ADDING SECTION 59-53-2024 SO AS TO CREATE, ESTABLISH REVENUE SOURCES FOR, AND PROVIDE FOR THE ADMINISTRATION OF THE SOUTH CAROLINA MOTORCYCLE SAFETY EDUCATION TRUST FUND; BY ADDING SECTION 59-53-2026 SO AS TO ESTABLISH AN ADVISORY COMMITTEE TO ASSIST IN DEVELOPING, ESTABLISHING, AND MAINTAINING THE MOTORCYCLE SAFETY EDUCATION PROGRAM; BY ADDING SECTION 59-53-2028 SO AS TO REQUIRE THE EXECUTIVE DIRECTOR OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO ISSUE A BIANNUAL REPORT REGARDING THE MOTORCYCLE SAFETY EDUCATION PROGRAM; AND TO REPEAL SECTION 59-53-2030 RELATING TO PROGRAM ENROLLMENT FEES.

H. 3909--ORDERED TO THIRD READING

The following Bill was taken up.

H. 3909 -- Reps. Wright, Askins, Bailey, Gamble, Harvin, Herdklotz, Kirsh, Knotts, McCraw, Riser, Robinson, Simrill, Spearman and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-660 SO AS TO PROVIDE UNDER THE WORKERS' COMPENSATION LAW THAT NO ARCHITECT, ENGINEER, LAND SURVEYOR, LANDSCAPE ARCHITECT, OR THEIR EMPLOYEES OR A CORPORATION, PARTNERSHIP, OR FIRM OFFERING THESE SERVICES WHO IS RETAINED TO PERFORM PROFESSIONAL SERVICES ON A CONSTRUCTION PROJECT IS LIABLE FOR ANY INJURY RESULTING FROM THE EMPLOYER'S FAILURE TO COMPLY WITH SAFETY STANDARDS ON A CONSTRUCTION PROJECT FOR WHICH COMPENSATION IS RECOVERABLE, UNLESS RESPONSIBILITY FOR SAFETY PRACTICES IS SPECIFICALLY ASSUMED BY CONTRACT, AND PROVIDE FOR RELATED MATTERS.

Rep. YOUNG-BRICKELL explained the Bill.

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

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

Yeas 93; Nays 10

Those who voted in the affirmative are:

Allison                Askins                 Bailey
Boan                   Brown, G.              Brown, H.
Brown, T.              Cain                   Cato
Cooper                 Cotty                  Cromer
Dantzler               Davenport              Delleney
Easterday              Elliott                Felder
Fleming                Fulmer                 Gamble
Govan                  Hallman                Harrell
Harris, J.             Harrison               Haskins
Herdklotz              Hines, J.              Hines, M.
Hodges                 Howard                 Hutson
Inabinett              Jaskwhich              Keegan
Kelley                 Keyserling             Kinon
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Lee                    Limbaugh               Limehouse
Littlejohn             Marchbanks             Mason
McAbee                 McCraw                 Meacham
Neilson                Phillips               Quinn
Rhoad                  Rice                   Richardson
Riser                  Robinson               Rogers
Sandifer               Scott                  Seithel
Sharpe                 Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Townsend               Tripp                  Trotter
Tucker                 Vaughn                 Walker
Wells                  Whatley                Whipper, L.
Whipper, S.            Wilder                 Wilkes
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young-Brickell

Total--93

Those who voted in the negative are:

Baxley                 Cave                   Cobb-Hunter
Jennings               Kennedy                Lloyd
Moody-Lawrence         Neal                   Sheheen
Thomas

Total--10

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

OBJECTION TO MOTION

Rep. YOUNG-BRICKELL asked unanimous consent that H. 3909 be read a third time tomorrow.

Rep. BAXLEY objected.

H. 3843--CONTINUED

The following Bill was taken up.

H. 3843 -- Reps. Cromer, J. Brown and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3910 SO AS TO PROHIBIT PERSONS UNDER FIFTEEN YEARS OF AGE FROM STANDING OR SITTING IN THE OPEN BED OF A PICKUP TRUCK OR TRAILER UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE PENALTIES.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4019CM.95).

Amend the bill, as and if amended, Section 56-5-3910(C), SECTION 1, page 1, line 33, by striking /twenty-five hundred/ and inserting:

/ one thousand /

Amend title to conform.

Rep. J. BROWN explained the amendment.

Rep. RHOAD spoke against the amendment.

Rep. RHOAD moved to continue the Bill and demanded the yeas and nays, which were taken resulting as follows:

Yeas 76; Nays 28

Those who voted in the affirmative are:

Allison                Anderson               Askins
Bailey                 Baxley                 Boan
Brown, G.              Brown, H.              Cain
Cato                   Cave                   Chamblee
Cobb-Hunter            Cooper                 Dantzler
Davenport              Delleney               Easterday
Elliott                Felder                 Fleming
Govan                  Hallman                Harris, J.
Harrison               Harvin                 Herdklotz
Hutson                 Inabinett              Jennings
Kennedy                Keyserling             Kinon
Kirsh                  Klauber                Knotts
Lanford                Law                    Limbaugh
Limehouse              Littlejohn             Lloyd
Marchbanks             Martin                 McAbee
McCraw                 Meacham                Moody-Lawrence
Phillips               Quinn                  Rhoad
Richardson             Riser                  Sandifer
Sharpe                 Sheheen                Smith, R.
Spearman               Stille                 Stoddard
Tripp                  Trotter                Tucker
Vaughn                 Walker                 Wells
Whatley                Whipper, S.            Wilder
Wilkes                 Wilkins                Witherspoon
Wofford                Worley                 Wright
Young-Brickell

Total--76

Those who voted in the negative are:

Breeland               Brown, J.              Byrd
Clyburn                Cotty                  Cromer
Gamble                 Harrell                Haskins
Hines, J.              Hines, M.              Howard
Jaskwhich              Keegan                 Kelley
Koon                   Lee                    Mason
McMahand               McTeer                 Neal
Rice                   Robinson               Scott
Seithel                Shissias               Simrill
Stuart

Total--28

So, the Bill was continued.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4450 -- Reps. Harvin, Kennedy and T. Brown: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF LOUISE GANTT WIEHRS OF KINGSTREE AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

H. 4451 -- Rep. R. Smith: A CONCURRENT RESOLUTION CONGRATULATING BATH FIRST BAPTIST CHURCH ON ITS ONE HUNDREDTH ANNIVERSARY.

H. 4456 -- Reps. Cromer, Quinn and Sheheen: A CONCURRENT RESOLUTION CONGRATULATING ST. PETER'S CATHOLIC CHURCH OF COLUMBIA ON THE OCCASION OF ITS ONE HUNDRED SEVENTY-FIFTH ANNIVERSARY.

ADJOURNMENT

At 11:30 A.M. the House in accordance with the motion of Rep. COTTY adjourned in memory of James E. Georgaklis of Columbia, to meet at 10:00 A.M. tomorrow.

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