Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index

| Printed Page 160, Jan. 11 | Printed Page 180, Jan. 11 |

Printed Page 172 . . . . . Thursday, January 11, 1996

H. 3380--DEBATE ADJOURNED

Rep. LANFORD moved to adjourn debate upon the following Bill until Tuesday, March 12, which was adopted.

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.

H. 3841--TABLED

The following Bill was taken up.

H. 3841 -- Reps. Sheheen, Quinn, Harrison, Delleney, Baxley, Wilkins and Thomas: A BILL TO AMEND SECTIONS 14-8-10, 14-8-20, 14-8-80, AND 14-8-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT OF APPEALS, SO AS TO PROVIDE FOR THREE ADDITIONAL JUDGES FOR THE COURT OF APPEALS, FOR AN ADDITIONAL PANEL OF THE COURT, AND FOR OTHER PROCEDURES NECESSARY TO REFLECT A NINE MEMBER COURT; TO AMEND SECTION 14-5-610, AS AMENDED, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND JUDGES FOR THE CIRCUIT COURTS, SO AS TO ADD THREE ADDITIONAL CIRCUIT COURT JUDGES FROM SPECIFIED CIRCUITS; AND TO AMEND SECTION 20-7-1410, RELATING TO FAMILY COURT JUDGES, SO AS TO ADD THREE ADDITIONAL FAMILY COURT JUDGES FROM SPECIFIED CIRCUITS.

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


Printed Page 173 . . . . . Thursday, January 11, 1996

H. 3057--ORDERED TO THIRD READING

The following Bill was taken up.

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.

Rep. MARTIN explained the Bill.

Rep. KIRSH spoke against 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 74; Nays 35

Those who voted in the affirmative are:

Allison              Askins               Boan
Brown, G.            Brown, H.            Cain
Cato                 Chamblee             Cooper
Cotty                Cromer               Dantzler
Davenport            Easterday            Felder
Fleming              Fulmer               Gamble
Hallman              Harrell              Harris, J.
Harrison             Haskins              Herdklotz
Hodges               Huff                 Hutson
Jaskwhich            Jennings             Keegan
Klauber              Knotts               Koon
Lanford              Law                  Limbaugh
Limehouse            Littlejohn           Marchbanks
Martin               Mason                McCraw
McKay                Meacham              Neilson
Quinn                Rice                 Richardson
Riser                Robinson             Sandifer
Seithel              Shissias             Simrill

Printed Page 174 . . . . . Thursday, January 11, 1996

Smith, D.            Smith, R.            Spearman
Stille               Stoddard             Stuart
Thomas               Townsend             Tripp
Trotter              Vaughn               Walker
Wells                Whatley              Wilkes
Wilkins              Wofford              Wright
Young                Young-Brickell

Total--74

Those who voted in the negative are:

Anderson             Bailey               Baxley
Breeland             Brown, J.            Byrd
Canty                Cave                 Clyburn
Cobb-Hunter          Delleney             Govan
Harvin               Hines, J.            Hines, M.
Howard               Inabinett            Kelley
Kennedy              Keyserling           Kirsh
Lee                  Lloyd                McMahand
McTeer               Moody-Lawrence       Neal
Rhoad                Scott                Sharpe
Whipper, L.          Whipper, S.          White
Wilder               Witherspoon          

Total--35

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

RECORD FOR VOTING

The lock on my voting console was broken. Had I been able to vote, I would have voted no.

Rep. THEODORE A. BROWN

H. 3174--DEBATE ADJOURNED

The following Bill was taken up.

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


Printed Page 175 . . . . . Thursday, January 11, 1996

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.

Rep. KENNEDY moved to adjourn debate upon the following Bill until Wednesday, January 17, which was adopted.


Printed Page 176 . . . . . Thursday, January 11, 1996

H. 3909--DEBATE ADJOURNED

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.

Rep. BAXLEY moved to adjourn debate upon the Bill until Tuesday, January 16, which was adopted.

S. 654--DEBATE ADJOURNED

The following Bill was taken up.

S. 654 -- Senator Greg Smith: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT A PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX COLLECTIONS IN EXCESS OF SIX MILLION DOLLARS AND HAS PASSED A REFERENDUM AUTHORIZING THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180.


Printed Page 177 . . . . . Thursday, January 11, 1996

Rep. KEYSERLING proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6023HTC.95).

Amend the bill, as and if amended, Section 61-5-185, as contained in SECTION 1, page 2, by striking the quotation mark on line 28 and inserting immediately after line 28

/(C) The accommodations tax revenue requirements of subsection (B)(1) and (2) do not apply if the permits allowed pursuant to Section 61-5-180 may be obtained in any municipality in the county in which the referendum required by this section is held."/

Amend title to conform.

Rep. KEYSERLING explained the amendment.

Rep. RICHARDSON moved to adjourn debate upon the Bill until Tuesday, January 23, which was adopted.

H. 3653--AMENDED AND ORDERED TO THIRD READING

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".

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10306JM.95), which was adopted.

Amend the bill, as and if amended, page 1, by striking Section 56-9-20(7)(d), as contained in SECTION 1, and inserting:

/"(d) Additional coverage permitted. Any A policy which grants the coverage required for a motor vehicle liability policy may also may grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy and the excess or additional coverage shall is not be subject to the provisions of this chapter. With respect to a policy which grants this excess or additional coverage, the term `motor vehicle liability policy' shall apply applies only to that part of the coverage which is required by this article. Notwithstanding any other provision of


Printed Page 178 . . . . . Thursday, January 11, 1996

law, when a liability or collision claim arises from the operation of a motor vehicle rented under a written rental agreement under which the renter agrees to provide coverage for damage resulting from the operation of the vehicle, the motor vehicle insurance coverage of the renter is primary, and no claim may be made against the coverage available for the rental vehicle by the rental vehicle company until the limits of the motor vehicle insurance coverage provided by the renter for the vehicle are exhausted. Every written rental agreement must include on its face a clause outlining the acceptance of `primary liability coverage'. This clause must be separately signed and dated by the renter."/

Amend title to conform.

Rep. CATO explained the amendment.

Rep. RICHARDSON spoke in favor of the amendment.

Rep. CATO spoke in favor of the amendment.

The amendment was then adopted.

Rep. WALKER moved to recommit the Bill.

Rep. CATO moved to table the motion, which was agreed to.

Rep. RICHARDSON proposed the following Amendment No. 2, which was adopted.

Amend, as and if amended, by adding after renter on line 4, page 2:

In the event a renter has varying coverages on owned vehicles for physical damage coverage, the rental contract shall assume the broadest coverage available on any owned vehicle.

Rep. RICHARDSON explained the amendment.

Rep. WALKER spoke against the amendment.

The amendment was then adopted by a division vote of 61 to 29.

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

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

Yeas 52; Nays 43

Those who voted in the affirmative are:

Askins               Bailey               Brown, G.
Brown, H.            Cain                 Cato
Cooper               Cotty                Dantzler

Printed Page 179 . . . . . Thursday, January 11, 1996

Davenport            Easterday            Fulmer
Gamble               Hallman              Harris, J.
Harrison             Harvin               Haskins
Hutson               Kennedy              Keyserling
Kirsh                Knotts               Law
Limehouse            Marchbanks           McCraw
McKay                Rhoad                Richardson
Riser                Robinson             Sandifer
Seithel              Shissias             Simrill
Smith, R.            Spearman             Stuart
Tripp                Trotter              Vaughn
Whatley              Whipper, L.          Whipper, S.
Wilder               Wilkes               Wilkins
Witherspoon          Wofford              Wright
Young-Brickell

Total--52

Those who voted in the negative are:

Allison              Anderson             Baxley
Breeland             Brown, J.            Byrd
Cave                 Chamblee             Clyburn
Delleney             Fleming              Harrell
Herdklotz            Hines, J.            Hines, M.
Howard               Huff                 Inabinett
Jaskwhich            Keegan               Kelley
Klauber              Koon                 Lanford
Lee                  Littlejohn           Lloyd
Mason                McTeer               Neal
Phillips             Rice                 Rogers
Scott                Sharpe               Stille
Thomas               Townsend             Walker
Wells                White                Worley
Young                

Total--43

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


| Printed Page 160, Jan. 11 | Printed Page 180, Jan. 11 |

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