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

THURSDAY, FEBRUARY 1, 1996

Thursday, February 1, 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:

We thank You, Heavenly Father, that we are a part of this great Nation, born in suffering, nourished in freedom, and built upon faith in God. We are grateful for our unique positions of service in it. In this service we do not pray for easy lives, but that we may be stronger persons. We do not pray for tasks equal to our ability, but for ability to match our tasks. We do not pray for simple solutions to complex problems, but rather that You would show us the next step.

So send us now unafraid into the duties of this day as we say in confidence: "Where You lead, we will follow."

For Yours is the kingdom, and the power and the glory now and forever. 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. L. WHIPPER moved that when the House adjourns, it adjourn in memory of Maud Pendergrass Pride of Columbia, which was agreed to.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration.

Document No. 1910
Promulgated By Commissioners of Pilotage for the Port of Charleston
Control of vessels during docking and undocking operations; Increase in registration fees
Received By Speaker January 31, 1996
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date May 31, 1996

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., January 31, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has reconsidered concurrence in the amendments proposed by the House to:
S. 272 -- Senators Alexander, Leventis, O'Dell, Hayes, Rose and Giese: A BILL TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS, SO AS TO PROVIDE THAT SPECIAL ELECTIONS SHALL NOT BE HELD PRIOR TO THE GENERAL ELECTION IF THE DATE FOR THE SPECIAL ELECTION PROVIDED BY THE STATUTORY FORMULA IS WITHIN SIXTY DAYS OF THE GENERAL ELECTION.
Very respectfully,
President

Received as information.

REPORTS OF STANDING COMMITTEES

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3062 -- Reps. Vaughn, Cato, Cromer, Walker, Cooper, Stille, Kelley, Harrell, Gamble, Spearman, Robinson, Marchbanks and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-105 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM BEING ELECTED TO A SALARIED OFFICE OR POSITION WHILE HE IS A MEMBER OF THE GENERAL ASSEMBLY AND TO MAKE EXCEPTIONS.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 4433 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-385 SO AS TO ALLOW THE DEPARTMENT OF PUBLIC SAFETY TO AUTHORIZE THE ISSUANCE OF A DRIVER'S LICENSE TO A PERSON WHOSE LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE HAS BEEN SUSPENDED OR REVOKED FOR A PERIOD LONGER THAN FIVE YEARS WHEN THE PERSON HAS HAD NO VIOLATIONS AFFECTING HIS LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE FOR A PERIOD OF FIVE YEARS IMMEDIATELY BEFORE THE FILING OF HIS APPLICATION.

Ordered for consideration tomorrow.

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 4360 -- Reps. Hallman, Keyserling, Cain, Bailey, Simrill, Kirsh and Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-73 SO AS TO REQUIRE REAL PROPERTY TAX BILLS TO CONTAIN A STATEMENT OF THE PRECEDING YEAR'S TAX DUE IN EACH CATEGORY OF TAX IMPOSED FOR THE CURRENT TAX YEAR AND TO PROVIDE EXCEPTIONS.

Ordered for consideration tomorrow.

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 4402 -- Rep. Cobb-Hunter: A JOINT RESOLUTION AUTHORIZING THE COMMISSION FOR MINORITY AFFAIRS TO RECEIVE FUNDS FROM PUBLIC AND PRIVATE SOURCES FOR RESEARCH, FORUMS, TRAINING, AND INSTITUTES AND TO ALLOW THESE FUNDS TO BE RETAINED BY THE COMMISSION AND CARRIED FORWARD INTO FISCAL YEAR 1996-97 AND EXPENDED FOR THE SAME PURPOSES.

Ordered for consideration tomorrow.

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 4478 -- Reps. Boan, Baxley, Fleming, Askins, Kennedy, J. Hines, Martin, Cooper, Law, Robinson, Limbaugh, Rhoad, Cato, Witherspoon, Jennings, Wilkins and T. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-785, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO ALTER THE RETURN AND PAYMENT SCHEDULE FOR THE TOBACCO PRODUCTS TAX; TO AMEND SECTION 12-21-620, RELATING TO THE SPECIFIC TAX RATES ON VARIOUS TOBACCO PRODUCTS, SO AS TO DELETE THE SEPARATE DEFINITION OF TOBACCO PRODUCTS AND IMPOSE A TAX EQUAL TO FIVE PERCENT OF THE MANUFACTURER'S PRICE ON ALL TOBACCO PRODUCTS EXCEPT CIGARETTES; TO AMEND SECTION 12-21-735, RELATING TO THE PAYMENT METHOD OF THE CIGARETTE TAX, SO AS TO AUTHORIZE A THREE AND ONE-HALF PERCENT DISCOUNT ON THE TAX FOR TIMELY FILED RETURNS AND PAYMENTS; TO AMEND SECTION 12-21-780, AS AMENDED, RELATING TO RETURNS AND PAYMENTS OF THE TOBACCO PRODUCTS TAX, SO AS TO INCREASE THE DISCOUNT FOR TIMELY FILED RETURNS AND PAYMENTS FOR THE TOBACCO PRODUCTS TAX FROM TWO TO THREE AND ONE-HALF PERCENT; AND TO AMEND SECTION 12-21-800, RELATING TO THE DEFINITION OF TOBACCO PRODUCTS, SO AS TO CONFORM IT TO THE PROVISIONS OF THIS ACT.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 4365 -- Reps. Lanford, Walker, Keyserling, Jennings, Cain, Bailey, Law, Simrill, Herdklotz and Seithel: A BILL TO AMEND SECTION 44-61-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEDICAL TECHNICIAN CERTIFICATES, SO AS TO PROHIBIT DENYING A FIREFIGHTER ENTRY INTO AN EMERGENCY MEDICAL TECHNICIAN COURSE BASED ON WHETHER OR NOT THE FIREFIGHTER'S DEPARTMENT HAS AN AMBULANCE.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4527 -- Reps. McAbee, Kelley, McMahand, Cain, Cato, Neilson, Richardson, Govan, Stoddard, Keyserling, Herdklotz, Keegan, Waldrop, McCraw, Vaughn, Lanford, Boan, Phillips, Littlejohn, Thomas, Chamblee, Koon, Sandifer and McTeer: A HOUSE RESOLUTION TO PROVIDE THAT THE STAFF SERVING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IS NOT REQUIRED TO WORK ON GOOD FRIDAY, APRIL 5, 1996.

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

HOUSE RESOLUTION

The following was introduced:

H. 4528 -- Rep. Wright: A HOUSE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO HIS DEVOTED WIFE, MARION GRAHAM MURRY, OTHER FAMILY MEMBERS, AND THE MANY FRIENDS OF MR. HERSHEL A. MURRY OF CHAPIN WHO DIED SATURDAY, JANUARY 13, 1996.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1085 -- Senators Wilson, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep and Washington: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO CURRENT AND FORMER MEMBERS AND STAFF OF THE STATE ETHICS COMMISSION UPON THE TWENTIETH ANNIVERSARY OF ITS CREATION.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1086 -- Senators Glover, Jackson, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Gregory, Hayes, Holland, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION IN REMEMBRANCE OF RONALD E. MCNAIR AND THE SIX OTHER MEMBERS OF THE CHALLENGER SPACE SHUTTLE CREW, ON THE OCCASION OF THE TENTH ANNIVERSARY OF THE TRAGIC EXPLOSION OF THE CHALLENGER SPACE SHUTTLE.

Whereas, the members of the General Assembly, as all Americans, were shocked and stunned by the tragic explosion of the Challenger space shuttle on January 28, 1986, which claimed the lives of the seven crew members, including Mission Specialist Ronald E. McNair, a native of Lake City; and

Whereas, Sunday, January 28, 1996 marked the tenth anniversary of this tragic occurrence, which took the life of one of our state's most distinguished citizens; and

Whereas, each of Mr. McNair and the six other brave space explorers knew that danger was a part of their mission but with steadfast courage they accepted these risks and with vigorous determination pressed on to probe the new frontiers of space; and

Whereas, Mr. McNair's legacy and ideals continue to inspire and educate many young Americans through scholarship programs aimed at getting young people into the science and engineering fields; and

Whereas, Mr. McNair's altruistic spirit continues to serve many youngsters through the Challenger Clubs, Challenger Space Science and Education Program, and various other space and science clubs providing opportunities and exposure to positive learning experiences which might not otherwise be available; and

Whereas, the Challenger disaster resulted in the loss of life for seven brave Americans, the subsequent safety measures developed in response to this tragedy will further insure the safety of future shuttle flights; and

Whereas, it would be a fitting tribute to the memory of Ronald E. McNair if the citizens of South Carolina, or more importantly, the citizens of the planet Earth, could embrace the words inscribed on his memorial in Lake City which state that "My wish is that we would allow this planet to be the beautiful oasis she is, and allow ourselves to live more in the peace that she generates;" and

Whereas, it is fitting that all South Carolinians remember Mr. McNair. Now, therefore,

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

That the members of the General Assembly, by this resolution, wish to honor the memory of the heroic Challenger space shuttle crew on the tenth anniversary of their ill-fated mission, and to express the sorrow and grief to the families of these heroic space pioneers, especially to the family of South Carolina's native son, Ronald E. McNair.

Be it further resolved that a copy of this resolution be forwarded to Mr. McNair's family.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1087 -- Senator Passailaigue: A CONCURRENT RESOLUTION CONGRATULATING THE GRACE EPISCOPAL CHURCH OF CHARLESTON, SOUTH CAROLINA ON THE OCCASION OF ITS ONE HUNDRED FIFTIETH ANNIVERSARY, FEBRUARY 18, 1996.

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

INTRODUCTION OF BILLS

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

H. 4529 -- Reps. Inabinett, G. Brown, Elliott, Mason, Sandifer, McMahand, Kinon, Breeland, McKay, Limbaugh, Cobb-Hunter, J. Brown, Neal, Fleming, Lloyd, McCraw, White, Chamblee, L. Whipper, Rhoad, Clyburn, Carnell, Stoddard, Byrd, Howard, Lee, Herdklotz, Waldrop, Phillips, Littlejohn, Davenport and Lanford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 2, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT BEGINNING IN 1998, MEMBERS OF THE HOUSE OF REPRESENTATIVES MUST BE CHOSEN EVERY FOURTH INSTEAD OF EVERY SECOND YEAR; AND TO AMEND SECTION 8, ARTICLE III, RELATING TO ELECTION OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT MEMBERS OF THE HOUSE BE ELECTED EVERY FOURTH INSTEAD OF EVERY SECOND YEAR.

Referred to Committee on Judiciary.

H. 4530 -- Reps. Cromer, Limehouse, Keyserling, Hallman, J. Hines, McAbee, Sandifer, Littlejohn, Cain, G. Brown, Inabinett, Neilson, Howard, Herdklotz, McKay, Cobb-Hunter, Clyburn, Fulmer, Lee, White, Neal, Knotts, Wright, Waldrop, J. Brown, Loftis, Hodges, Koon, Rhoad, Stoddard, Davenport, Lloyd, Richardson, Robinson, Byrd, Gamble, R. Smith, Riser, Easterday, Lanford, Jaskwhich and Tucker: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT FROM TAX ONE HUNDRED PERCENT OF THE FAIR MARKET VALUE OF ALL PRIVATE PASSENGER MOTOR VEHICLES AND TRUCKS WITH AN EMPTY WEIGHT OF NOT MORE THAN FIVE THOUSAND POUNDS WHEN REGISTERED TO AN INDIVIDUAL FOR PERSONAL USE.

Referred to Committee on Ways and Means.

H. 4531 -- Rep. Simrill: A BILL TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES AND THE PENALTIES THEREFOR, SO AS TO INCREASE THE MONETARY PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND SECTION 33-56-140, RELATING TO CRIMINAL PENALTIES FOR A WILFUL VIOLATION OF CERTAIN PROVISIONS OF THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO INCREASE THE PENALTIES FOR VIOLATION.

Referred to Committee on Judiciary.

H. 4532 -- Reps. Stille, Kirsh, Richardson, Littlejohn, Fleming, Jaskwhich, Shissias, Canty, Chamblee, Keyserling, Witherspoon and Keegan: A BILL TO AMEND SECTIONS 12-28-2720 AND 12-28-2730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF GASOLINE TAX REVENUES, SO AS TO PROVIDE THAT THE ONE CENT A GALLON CURRENTLY CREDITED TO THE GENERAL FUND OF THE STATE IS INSTEAD CREDITED TO THE STATE HIGHWAY FUND.

Referred to Committee on Ways and Means.

H. 4533 -- Reps. Stille, Wilder, Jaskwhich, Keyserling, McAbee and Littlejohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 9, TITLE 4 SO AS TO PROVIDE A PROCEDURE BY WHICH THE GOVERNING BODY OF A COUNTY AND OTHER ELECTED COUNTY OFFICES MAY BE ELECTED IN NONPARTISAN ELECTIONS.

Referred to Committee on Judiciary.

H. 4534 -- Reps. Sharpe, Wilkes, Littlejohn and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-20-55 SO AS TO PROVIDE FOR THE GENERAL PERMITTING OF CERTAIN MINING ACTIVITIES; TO AMEND SECTION 48-20-160, RELATING TO VIOLATIONS AND SUSPENSION OR REVOCATION OF MINING PERMITS, SO AS TO AUTHORIZE REVOCATION OR SUSPENSION OF THE AUTHORITY TO MINE UNDER A GENERAL PERMIT; AND TO AMEND SECTION 48-20-220, RELATING TO RESTRAINING ORDERS OR INJUNCTIONS, SO AS TO AUTHORIZE THEIR ISSUANCE IN CONNECTION WITH A GENERAL PERMIT AND TO ALLOW FOR CIVIL PENALTIES TO BE ASSESSED FOR NONCOMPLIANCE WITH THE CONDITIONS OF THE GENERAL PERMIT.

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

H. 4535 -- Reps. Kinon, Jennings and M. Hines: A BILL TO AMEND ACT 591 OF 1992, RELATING TO THE AUTHORIZATION FOR THE DILLON COUNTY BOARD OF EDUCATION TO BORROW A CERTAIN AMOUNT OF MONEY TO BE USED FOR SCHOOL CONSTRUCTION, SO AS TO, AMONG OTHER THINGS, CHANGE THE AMOUNT WHICH MAY BE BORROWED, AND PROVIDE THAT SUCH FUNDS MAY BE APPLIED TO RETIRE A LOAN FOR MONEY USED FOR SCHOOL CONSTRUCTION FOR DILLON COUNTY SCHOOL DISTRICTS 1, 2, AND 3, RATHER THAN SCHOOL DISTRICT 3 ALONE.

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

H. 4536 -- Reps. Hutson, Herdklotz, Mason, Walker, Inabinett, Seithel, Bailey, Knotts, Hallman, Simrill, Wofford, Chamblee, Littlejohn, Meacham, Wilder, Allison, Waldrop, Witherspoon, Fulmer, Kelley, Trotter, Vaughn, Davenport, Dantzler, R. Smith, Rhoad, Robinson, Whatley, Sandifer, Law, Riser, Young-Brickell, Harrell, Easterday, Marchbanks, Wells and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-1-11 SO AS TO PROVIDE THAT NO MEMBER OF THE SENATE WHO IS AN ATTORNEY AT LAW LICENSED TO PRACTICE IN THIS STATE NOR ANY MEMBER OF A LAW FIRM WITH WHICH HE IS ASSOCIATED MAY REPRESENT A CLIENT IN THE MAGISTRATE'S COURT OF ANY COUNTY WHICH IS INCLUDED IN WHOLE OR IN PART IN THE ELECTION DISTRICT FROM WHICH THE SENATOR IS ELECTED.

Referred to Committee on Judiciary.

H. 4537 -- Reps. Hutson, Cromer, Limehouse, Herdklotz, Seithel, R. Smith, Simrill, Littlejohn, Sharpe, Bailey, Young-Brickell, Wofford, Fulmer, Rhoad, Inabinett, Walker, Davenport, Witherspoon, Sandifer, Waldrop, Riser, Dantzler, Law, Allison, J. Harris and Kinon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT DAY CARE CENTERS FROM EMPLOYING PERSONS CONVICTED OF CERTAIN CRIMES, TO CREATE A CRIMINAL OFFENSE WHEN A PERSON CONVICTED OF CERTAIN CRIMES APPLIES TO OR IS EMPLOYED BY A DAY CARE CENTER, TO REQUIRE EMPLOYMENT APPLICATIONS TO INCLUDE A STATEMENT REGARDING THE CRIMINAL OFFENSE, TO REQUIRE FINGERPRINT REVIEWS FOR EMPLOYEES AND CAREGIVERS, TO ALLOW TEMPORARY EMPLOYMENT PENDING RESULTS OF THE REVIEWS, AND TO WAIVE FINGERPRINT REVIEWS FOR PERSONS CONTINUOUSLY EMPLOYED IN DAY CARE CENTERS FOR ONE YEAR PRIOR TO THIS ACT'S EFFECTIVE DATE; BY ADDING SECTION 20-7-3092 SO AS TO EXEMPT FROM THE FINGERPRINT REVIEW REQUIREMENTS CERTIFIED EDUCATION PERSONNEL AND LICENSED FOSTER PARENTS WHO HAVE UNDERGONE FINGERPRINT REVIEWS; BY AMENDING SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, AND 20-7-2900, ALL AS AMENDED, AND ALL RELATING TO DAY CARE LICENSING, APPROVAL, REGISTRATIONS, AND RENEWALS, SO AS TO DELETE, FOR THE PURPOSE OF CONSOLIDATION, PROVISIONS RELATING TO EMPLOYMENT IN DAY CARE CENTERS; AND BY AMENDING SECTION 20-7-2905, RELATING TO FEES FOR CRIMINAL HISTORY REVIEWS, SO AS TO PROHIBIT THE STATE LAW ENFORCEMENT DIVISION FROM CHARGING MORE THAN THE FEDERAL BUREAU OF INVESTIGATION FOR THESE REVIEWS.

Referred to Committee on Judiciary.

H. 4538 -- Reps. Shissias, Keyserling, Howard, Seithel, Cain, Cromer, Keegan, McAbee, Tucker, Stille, Cobb-Hunter, Moody-Lawrence, White, L. Whipper, Allison, Wells, Thomas, Stuart, Neilson, T. Brown, Lee, Gamble, Byrd, Harrison, Spearman, Witherspoon, J. Harris, Riser, McTeer, Williams and Young-Brickell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-33-85 AND SECTION 38-71-144 SO AS TO REQUIRE HEALTH MAINTENANCE ORGANIZATION CONTRACTS, GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, AND GROUP HEALTH INSURANCE POLICIES TO INCLUDE COVERAGE FOR MAMMOGRAPHY SCREENING, PAP SMEARS, AND TESTING FOR PROSTATE CANCER.

Referred to Committee on Labor, Commerce and Industry.

S. 62 -- Senators McConnell, Rose, Ryberg, Rankin, Elliott, Courson, Wilson and O'Dell: A BILL TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFINEMENT OF PRISONERS, SO AS TO PROVIDE THAT A PRISONER WHO ESCAPES OR ATTEMPTS TO ESCAPE FROM CUSTODY MAY NOT SERVE HIS SENTENCE FOR THE ORIGINAL CONVICTION OR AN ADDITIONAL SENTENCE FOR THE ESCAPE OR ATTEMPTED ESCAPE IN A MINIMUM SECURITY FACILITY AND TO DELETE AN OBSOLETE REFERENCE.

Referred to Committee on Judiciary.

S. 95 -- Senators McConnell, Courson, Rose, Gregory and O'Dell: A BILL TO AMEND SECTION 24-13-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENDED WORK RELEASE PROGRAM, SO AS TO PROVIDE THAT NO PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 MAY PARTICIPATE IN THIS PROGRAM; AND TO REPEAL SECTION 24-13-650 WHICH PROHIBITS A PERSON CONVICTED OF A VIOLENT CRIME FROM BEING RELEASED BACK INTO THE COMMUNITY IN WHICH HE COMMITTED THE OFFENSE UNDER THE WORK RELEASE PROGRAM.

Referred to Committee on Judiciary.

S. 760 -- Senator Moore: A BILL TO AMEND SECTION 40-55-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS CONSTITUTING THE PRACTICE OF PSYCHOLOGY, SO AS TO INCLUDE PRACTICING PSYCHOLOGY.

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

S. 1067 -- Senator Reese: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED DURING THE MONTH OF JANUARY, 1996, BY THE STUDENTS OF ANY SCHOOLS WITHIN SCHOOL DISTRICTS 1 THROUGH 7 IN SPARTANBURG COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW AND ICE CONDITIONS ARE 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.

Referred to Committee on Education and Public Works.

ROLL CALL

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

Allison                Anderson               Bailey
Baxley                 Boan                   Breeland
Brown, G.              Brown, H.              Brown, J.
Brown, T.              Byrd                   Cain
Carnell                Cato                   Cave
Chamblee               Clyburn                Cobb-Hunter
Cooper                 Cotty                  Cromer
Dantzler               Davenport              Delleney
Easterday              Elliott                Fleming
Fulmer                 Gamble                 Govan
Hallman                Harris, J.             Harris, P.
Harrison               Haskins                Herdklotz
Hines, J.              Hines, M.              Hodges
Howard                 Hutson                 Inabinett
Jaskwhich              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Kirsh                  Knotts
Koon                   Lanford                Lee
Limbaugh               Limehouse              Littlejohn
Lloyd                  Loftis                 Marchbanks
Martin                 Mason                  McAbee
McCraw                 McKay                  McMahand
McTeer                 Meacham                Moody-Lawrence
Neal                   Neilson                Phillips
Rhoad                  Rice                   Richardson
Riser                  Robinson               Rogers
Sandifer               Scott                  Seithel
Sharpe                 Shissias               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, February 1.

Robert J. Sheheen                 Robert W. Harrell, Jr.
James S. Klauber                  James N. Law
J. Gary Simrill                   Harry R. Askins
Joseph T. McElveen, Jr.           John G. Felder
Ralph W. Canty                    C. Alex Harvin III
Richard M. Quinn, Jr.
Total Present--123

STATEMENT RE ROLL CALL

I was present before roll call for the Session on February 1.

Rep. ROBERT J. SHEHEEN

STATEMENT OF ATTENDANCE

Rep. QUINN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, January 31.

DOCTOR OF THE DAY

Announcement was made that Dr. William N. Boulware of Florence is the Doctor of the Day for the General Assembly.

ORDERED ENROLLED FOR RATIFICATION

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

S. 938 -- Senator Short: A BILL TO PROVIDE THAT THE MEMBERS OF THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD AT THE SAME TIME AS THE GENERAL ELECTION.

ORDERED TO THIRD READING

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

H. 4515 -- Rep. Felder: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING CALHOUN COUNTY TO THE GOVERNING BODY OF CALHOUN COUNTY.

S. 730 -- Senator Moore: A BILL TO AMEND SECTIONS 40-47-510, 40-47-530, AND 40-47-655, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE ACCREDITING AUTHORITY FOR RESPIRATORY CARE PROGRAMS, SO AS TO PROVIDE THAT THIS AUTHORITY MAY BE THE AMERICAN MEDICAL ASSOCIATION OR A SUCCESSOR AUTHORITY RECOGNIZED BY THE BOARD.

Rep. TRIPP explained the Bill.

S. 731 -- Senator Moore: A BILL TO AMEND SECTION 40-45-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION OF PHYSICAL THERAPISTS, SO AS TO ESTABLISH THE PASSING SCORE FOR EXAMINATIONS.

Rep. TRIPP explained the Bill.

S. 759 -- Senator Moore: A BILL TO AMEND SECTION 40-36-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OCCUPATIONAL THERAPIST LICENSURE AND USE OF THAT TITLE, SO AS TO DELETE THE PROVISIONS REGARDING ISSUANCE OF CERTIFICATES OF LICENSURE TO FOREIGN TRAINED PERSONS.

Rep. TRIPP explained the Bill.

S. 468 -- Senator Hayes: A BILL TO AMEND SECTION 8-21-310(11), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SCHEDULE OF FEES AND COSTS TO BE COLLECTED, SO AS TO PROVIDE FOR A FEE FOR FILING A JUDGMENT BY CONFESSION WITH A CLERK OF COURT; AND TO AMEND SECTION 15-35-370, RELATING TO JUDGMENT BY CONFESSION, SO AS TO CLARIFY THE PROCEDURE FOR FILING A JUDGMENT BY CONFESSION AND TO DELETE OBSOLETE REFERENCES.

Rep. HARRISON explained the Bill.

S. 772 -- Senators Holland and Williams: A BILL TO AMEND SECTION 7-15-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECEIPT, TABULATION, AND REPORTING OF ABSENTEE BALLOTS, SO AS TO AUTHORIZE THE POLL MANAGERS TO BEGIN THE PROCESS OF REMOVING THE BALLOTS FROM THE ENVELOPES MARKED "BALLOT HEREIN" AFTER EXAMINING THE RETURN-ADDRESSED ENVELOPES AT 2:00 P.M., AND TO FURTHER PROVIDE THAT THE COUNTING, TABULATION, AND REPORTING OF THESE BALLOTS SHALL NOT BEGIN UNTIL THE POLLS HAVE CLOSED.

Rep. CROMER explained the Bill.

H. 4523 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO CATEGORICALLY NEEDY ELIGIBLE GROUPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1865, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WILDER explained the Joint Resolution.

H. 4524 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO RETAIL FOOD STORE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1900, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WILDER explained the Joint Resolution.

S. 730--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. TRIPP, with unanimous consent, it was ordered that S. 730 be read the third time tomorrow.

S. 731--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. TRIPP, with unanimous consent, it was ordered that S. 731 be read the third time tomorrow.

S. 759--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. TRIPP, with unanimous consent, it was ordered that S. 759 be read the third time tomorrow.

S. 468--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HARRISON, with unanimous consent, it was ordered that S. 468 be read the third time tomorrow.

S. 772--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CROMER, with unanimous consent, it was ordered that S. 772 be read the third time tomorrow.

H. 4523--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WILDER, with unanimous consent, it was ordered that H. 4523 be read the third time tomorrow.

H. 4524--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WILDER, with unanimous consent, it was ordered that H. 4524 be read the third time tomorrow.

SENT TO THE SENATE

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

H. 3858 -- Reps. Bailey, Rice, Baxley, Limbaugh, Simrill, Clyburn, Mason, Jennings, H. Brown, Moody-Lawrence, Wofford, A. Young, Shissias, Hutson, Dantzler, Williams, Stille, Boan, Law, Rhoad, Davenport, Kirsh, Littlejohn, J. Harris, Wright, Harrell and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1333 SO AS TO AUTHORIZE THE FAMILY COURT TO SUSPEND OR RESTRICT THE DRIVER'S LICENSE OF A CHILD ADJUDICATED DELINQUENT OR FOUND IN CONTEMPT OF COURT OR IN VIOLATION OF A TERM OR CONDITION OF PAROLE.

H. 3732--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3732 -- Reps. Martin, Herdklotz, Meacham, Thomas, Simrill, Stoddard, Fulmer, Witherspoon, Jennings, Stille, Sandifer, Baxley, Robinson, Law, Rice, Davenport, Hallman, Neilson, Delleney and Walker: A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES ASSOCIATED WITH A PERSON DRIVING WHILE HIS LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO REVISE THE PENALTY.

Rep. SIMRILL proposed the following Amendment No. 2 (Doc Name P:\amend\DKA\3480CM.96), which was tabled.

Amend the bill, as and if amended, by striking SECTION 2 and inserting:

/SECTION     2.     The 1976 Code is amended by adding:

"Section 56-3-1335.     (A)     Upon conviction of the following crimes, the court must confiscate the license plate and motor vehicle registration of each motor vehicle registered in the convicted person's name:

(1)     Section 56-5-2945 causing great bodily injury or death by operating a motor vehicle while under the influence of drugs or alcohol;

(2)     a second or subsequent violation of Section 56-5-2930;

(3)     a second or subsequent violation of Section 56-1-460;

(4)     Section 56-5-1210 failure to stop and render aid during a motor vehicle accident that results in death or personal injury;

(5)     Section 56-5-750 failure to stop a motor vehicle when signaled by a law enforcement vehicle; and

(6)     Section 56-10-270 knowingly operating an uninsured motor vehicle.

(B)     A person whose license plate and motor vehicle registration are confiscated pursuant to subitems (1), (2), and (3) of subsection (A) may not apply for a new license plate for a vehicle registered in his name during the period in which his privilege to drive is suspended. A person whose license plate and motor vehicle registration are confiscated pursuant to subitems (4), (5), or (6) of subsection (A), may not apply for a new license plate for one year after his conviction.

(C)     A person convicted of a crime contained in this section must surrender the license plate of each vehicle registered in his name at the time he enters a plea of nolo contendere, a guilty plea, or is convicted. The court shall issue the convicted person a receipt for each plate surrendered.

(D)     If a person fails to surrender a license plate pursuant to this section, a warrant must be issued to seize the license plate. A twenty-five dollar fee must be imposed upon a person who fails to surrender a license plate once a warrant is issued.

(E)     The court may allow a motor vehicle pursuant to this section to be registered for the use of other licensed drivers in the household. The department shall issue a special license plate for this purpose."

SECTION     3.     Section 56-9-500 of the 1976 Code is amended to read:

"Section 56-9-500.     Whenever When the Department of Public Safety (department), under any law of this State, suspends or revokes the license of any a person upon receiving a record of conviction or forfeiture of bail and in all cases where the department suspends or revokes the driver's license of any a person under lawful the authority possessed by of the department, except in those cases provided for in Section 56-1-270, in which case the license only shall be is suspended and not the registration, the Department of Revenue shall also shall suspend the registration for all motor vehicles registered in the name of that person, except that it shall not suspend the registration, unless otherwise required by law, if that person has previously given or shall immediately give and thereafter maintain proof of financial responsibility with respect to all motor vehicles registered by him. The license and registration shall remain suspended or revoked and shall must not at any time thereafter be renewed nor shall any must a license be thereafter issued to that person nor shall any must a motor vehicle be thereafter registered in the name of that person until permitted under the motor vehicle laws of this State and not then until he shall give gives and thereafter maintain maintains proof of financial responsibility.

When such responsibility is provided for under the provisions of Section 56-9-550, certification shall be furnished by the insurance company to the department within fifteen days."

SECTION     4.     Section 56-3-1340 of the 1976 Code is repealed.

SECTION     5.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. HARRISON explained the amendment and moved to table the amendment, which was agreed to.

Rep. SIMRILL proposed the following Amendment No. 3 (Doc Name P:\amend\PFM\3732CM.96), which was tabled.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     Section 56-1-460 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-1-460.     (A)     A person who drives a motor vehicle on any a public highway of this State when his license to drive is canceled, suspended, or revoked is guilty of a misdemeanor and must, upon conviction, must be:

(1)     for a first offense, fined two hundred dollars or imprisoned for thirty days for the first violation,;

(2)     for the a second violation offense, fined five hundred dollars and or imprisoned for sixty thirty consecutive days,; and

(3)     for the a third and subsequent violation offense, imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended, by the trial judge and have his license plate and motor vehicle registration revoked. A person whose license plate and motor vehicle registration are revoked pursuant to this provision may not apply for a new license plate for a vehicle registered in his name during the period in which his privilege to drive is suspended.

(B)     The Department of Public Safety, upon receiving a record of the conviction of any a person under violating this section upon a charge of driving a vehicle while his license was suspended for a definite period of time, shall extend the period of the suspension for an additional like period. If the original period of suspension has expired or terminated before trial and conviction, the Department of Public Safety shall again shall suspend the license of the person for an additional like period of time. If the time of suspension is not for a definite period of time, the suspension must be for an additional three months. If the license of a person cited for a violation of this section is suspended solely pursuant to the provisions of Section 56-25-20, then the additional period of suspension pursuant to this section is thirty days and the person does not have to offer proof of financial responsibility as required under Section 56-9-500 prior to before his license being is reinstated. If the conviction was upon a charge person was convicted of driving while a his license was revoked, the department shall not issue a new license for an additional period of one year from the date the person could otherwise have applied for a new license. Only those violations offenses which occurred within a period of five years including and immediately preceding the date of the last violation constitute prior violations offenses within the meaning of this section.

(C)     If the license of the person convicted was suspended pursuant to the provisions of Section 56-5-2990, then he must be punished as follows and no part of the minimum sentence may be suspended:

(1) for a first offense, imprisoned for not less than ten nor more than thirty days;

(2) for a second offense, imprisoned for not less than sixty days nor more than six months;

(3) for a third and subsequent offense, not less than six months nor more than three years.

(D)     A person convicted of a crime contained in subsection (A)(3) must surrender the license plate of each vehicle registered in his name at the time he enters a plea of nolo contendere, a guilty plea, or is convicted. The court shall issue the convicted person a receipt for each plate surrendered.

(E)     The court may allow a motor vehicle to be registered for the use of other drivers in the household. The department shall issue a special license plate for this purpose."

SECTION     2.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. HARRISON explained the amendment.

Rep. SIMRILL spoke in favor of the amendment.

Rep. SCOTT moved to table the amendment.

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

The amendment was then tabled by a division vote of 45 to 25.

Rep. YOUNG-BRICKELL proposed the following Amendment No. 4 (Doc Name P:\amend\BBM\10535CM.96), which was adopted.

Amend the bill, as and if amended, Page 1, Section 56-1-460, SECTION 1, by striking item (3) beginning on line 31 and inserting:

/(3)     for the a third and subsequent violation offense, imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge./

Amend title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

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

H. 4341--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4341 -- Reps. Wilkins, Sandifer, Walker, Allison, Haskins, Jennings, Cain, Harrison, Witherspoon, Vaughn, Simrill, Herdklotz, Kirsh, Delleney, Cotty, Limbaugh, Richardson, Meacham, Easterday and McElveen: A BILL TO AMEND SECTION 20-7-112, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REIMBURSEMENTS FOR COUNSEL APPOINTED FOR A CHILD IN A DELINQUENCY PROCEEDING, SO AS TO PROVIDE THAT THE COURT MAY ORDER THE CHILD'S PARENTS TO REIMBURSE THE COURT-APPOINTED ATTORNEY OR THE INDIGENT DEFENSE FUND.

The House Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\7880AC.96), which was adopted.

Amend the bill, as and if amended, by deleting SECTION 1 of the bill and inserting:

/SECTION     1.     Section 20-7-112 of the 1976 Code, as added by Act 96 of 1995, is amended to read:

"Section 20-7-112.     Notwithstanding Title 17, Chapter 3, Defense of Indigents, in determining indigence for the purpose of appointing legal counsel for a child in a delinquency proceeding, the court shall determine the financial ability of the child's parents to retain counsel for the child. If the court determines that the parents are able to retain counsel for the child but the parents refuse to retain counsel and the court appoints counsel, the court may order the parents shall to reimburse the Indigent Defense Fund or pay the court-appointed attorney in an amount to be determined by the court./

Amend title to conform.

Rep. THOMAS explained the amendment.

The amendment was then adopted.

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

OBJECTION TO MOTION

Rep. THOMAS asked unanimous consent that the H. 4341 be read a third time tomorrow.

Rep. DAVENPORT objected.

SILENT PRAYER

On motion of Rep. ROGERS, with unanimous consent, the House stood in Silent Prayer for the recovery of former House employee, Reverend LeRoy Cain.

H. 3326--RECALLED AND REFERRED TO THE
COMMITTEE ON LABOR, COMMERCE AND INDUSTRY

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

H. 3326 -- Reps. Richardson, Baxley, Beatty, Stoddard, L. Whipper, Fair and Herdklotz: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 117 SO AS TO CREATE THE INDIVIDUAL MEDICAL ACCOUNT ACT ALLOWING A PERSON TO DEPOSIT FUNDS IN AN ACCOUNT ESTABLISHED AS A TRUST FOR THE PURPOSE OF PAYING THE MEDICAL, DENTAL, AND LONG-TERM CARE EXPENSES OF THE ACCOUNT HOLDER AND TO PROVIDE FOR THE DUTIES OF THE TRUSTEE, TO PROVIDE A TAX EXEMPTION ON INTEREST EARNED, AND TO PROVIDE FOR THE WITHDRAWAL OF FUNDS.

MOTION PERIOD

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

H. 4474--AMENDED AND ORDERED TO THIRD READING

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

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.

Reps. TOWNSEND and KELLEY proposed the following Amendment No. 2 (Doc Name P:\amend\DKA\3490HTC.96), which was adopted.

Amend the bill, as and if amended, page 3, by striking SECTION 5 and inserting:

/SECTION 5.     This act takes effect July 1, 1996./

Renumber sections to conform.

Amend totals and title to conform.

Rep. KELLEY explained the amendment.

The amendment was then adopted.

Rep. KELLEY explained the Bill.

Reps. GOVAN and CAVE spoke against the Bill.

LEAVE OF ABSENCE

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

Reps. McTEER, WILKES and HODGES spoke against the Bill.

Rep. SEITHEL proposed the following Amendment No. 3, which was tabled.

Delete SECTION 2.

Rep. SEITHEL explained the amendment.

Rep. TOWNSEND moved to table the amendment, which was agreed to by a division vote of 73 to 14.

Rep. G. BROWN spoke against the Bill.

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

Yeas 59; Nays 51

Those who voted in the affirmative are:

Allison                Brown, H.              Cain
Cato                   Chamblee               Cooper
Cotty                  Dantzler               Davenport
Easterday              Felder                 Fleming
Fulmer                 Gamble                 Harrell
Harris, P.             Haskins                Herdklotz
Hutson                 Keegan                 Kelley
Keyserling             Kirsh                  Klauber
Koon                   Lanford                Law
Limbaugh               Limehouse              Littlejohn
Loftis                 Marchbanks             McKay
Meacham                Phillips               Quinn
Rice                   Richardson             Robinson
Sandifer               Sharpe                 Simrill
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Thomas
Townsend               Tripp                  Trotter
Vaughn                 Wells                  Whatley
Wilkins                Witherspoon            Wofford
Worley                 Young-Brickell

Total--59

Those who voted in the negative are:

Anderson               Baxley                 Boan
Breeland               Brown, G.              Brown, J.
Brown, T.              Byrd                   Canty
Carnell                Cave                   Clyburn
Cobb-Hunter            Cromer                 Delleney
Govan                  Hallman                Harris, J.
Harrison               Harvin                 Hines, J.
Hines, M.              Hodges                 Howard
Inabinett              Jennings               Kennedy
Knotts                 Lee                    Lloyd
Mason                  McAbee                 McCraw
McElveen               McMahand               McTeer
Moody-Lawrence         Neal                   Neilson
Riser                  Rogers                 Scott
Seithel                Shissias               Waldrop
Whipper, L.            Whipper, S.            White
Wilder                 Wilkes                 Young

Total--51

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

RECORD FOR VOTING

On February 1, I inadvertently voted in favor of H. 4474 as I am opposed to this Bill and have placed an objection to it.

Rep. RICHARD M. QUINN, JR.

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

ADJOURNMENT

At 11:59 A.M. the House in accordance with the motion of Rep. L. WHIPPER adjourned in memory of Maud Pendergrass Pride of Columbia, to meet at 10:00 A.M. tomorrow.

* * *

This web page was last updated on Monday, June 29, 2009 at 1:37 P.M.