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

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| Printed Page 2320, Apr. 17 | Printed Page 2340, Apr. 17 |

Printed Page 2330 . . . . . Wednesday, April 17, 1996

Rep. YOUNG-BRICKELL moved to table the amendment.

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

Yeas 47; Nays 59

Those who voted in the affirmative are:

Bailey               Brown, H.            Cain
Cato                 Cooper               Cotty
Dantzler             Fulmer               Gamble
Harrell              Harris, J.           Harrison
Harvin               Haskins              Hutson
Jennings             Keegan               Kelley
Klauber              Knotts               Koon
Law                  Limbaugh             Limehouse
Mason                McKay                Neilson
Quinn                Richardson           Riser
Robinson             Sandifer             Smith, D.
Smith, R.            Stuart               Tripp
Trotter              Vaughn               Waldrop
Walker               Whatley              Wilkins
Witherspoon          Wofford              Wright
Young                Young-Brickell

Total--47

Those who voted in the negative are:

Allison              Anderson             Baxley
Boan                 Breeland             Brown, G.
Brown, J.            Brown, T.            Cave
Chamblee             Clyburn              Cromer
Davenport            Delleney             Easterday
Fleming              Govan                Hallman
Harris, P.           Hines, J.            Hines, M.
Howard               Inabinett            Jaskwhich
Keyserling           Kirsh                Lanford
Lee                  Littlejohn           Lloyd
Loftis               Marchbanks           Martin
McCraw               McElveen             McMahand
McTeer               Meacham              Moody-Lawrence
Neal                 Phillips             Rhoad

Printed Page 2331 . . . . . Wednesday, April 17, 1996

Rice                 Rogers               Scott
Seithel              Sheheen              Shissias
Simrill              Stille               Stoddard
Townsend             Tucker               Whipper, L.
Whipper, S.          Wilder               Wilkes
Williams             Worley               

Total--59

So, the House refused to table the amendment.

Rep. HASKINS spoke against the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. RICHARDSON spoke against the amendment.

Rep. MEACHAM spoke in favor of the amendment.

Rep. RICHARDSON spoke against the amendment.

Rep. STUART spoke against the amendment.

The question then recurred to the adoption of the amendment.

SPEAKER IN CHAIR

LEAVE OF ABSENCE

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

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

Yeas 50; Nays 61

Those who voted in the affirmative are:

Allison              Anderson             Askins
Baxley               Breeland             Brown, G.
Brown, J.            Byrd                 Cave
Chamblee             Clyburn              Cobb-Hunter
Cooper               Cromer               Davenport
Delleney             Harris, P.           Hines, M.
Howard               Inabinett            Kirsh
Klauber              Knotts               Lee
Lloyd                Martin               McCraw

Printed Page 2332 . . . . . Wednesday, April 17, 1996

McMahand             McTeer               Meacham
Moody-Lawrence       Neal                 Rhoad
Rogers               Scott                Seithel
Sheheen              Shissias             Simrill
Smith, D.            Stille               Stoddard
Thomas               Townsend             Tucker
Whipper, L.          Whipper, S.          White
Wilder               Williams             

Total--50

Those who voted in the negative are:

Bailey               Boan                 Brown, H.
Cain                 Carnell              Cato
Cotty                Dantzler             Easterday
Felder               Fulmer               Gamble
Hallman              Harrell              Harris, J.
Harrison             Harvin               Haskins
Hodges               Hutson               Jaskwhich
Jennings             Keegan               Kelley
Keyserling           Kinon                Koon
Lanford              Law                  Limbaugh
Limehouse            Littlejohn           Marchbanks
Mason                McAbee               McKay
Neilson              Phillips             Quinn
Rice                 Richardson           Riser
Robinson             Sandifer             Sharpe
Smith, R.            Stuart               Tripp
Trotter              Vaughn               Waldrop
Walker               Wells                Whatley
Wilkes               Wilkins              Witherspoon
Wofford              Wright               Young
Young-Brickell       

Total--61

So, the amendment was rejected.


Printed Page 2333 . . . . . Wednesday, April 17, 1996

RECORD FOR VOTING

I was temporarily indisposed when a vote was taken on Amendment No. 3 on House Bill 4396. If I were able to vote I would have voted for the amendment.

Rep. RONALD N. FLEMING

Rep. SEITHEL proposed the following Amendment No. 4 (Doc Name P:\amend\PFM\9242AC.96), which was ruled out of order.

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

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

"Section 38-33-325. (A) A health benefit plan shall allow a female plan participant or beneficiary thirteen years of age or older direct access within the health benefit plan, without prior referral, to the health care services of an obstetrician-gynecologist participating in the health benefit plan, within the benefits provided under that health benefit plan pertaining to obstetrician-gynecologist services.

(B) A health benefit plan shall inform female participants and beneficiaries in writing of the provisions of this section. The information must be provided in benefit handbooks and materials and enrollment materials.

(C) For purposes of this section:

(1) `Health benefit plan' means an HMO subscriber contract or a preferred provider, exclusive provider, or other managed care arrangement offered under a health benefit plan;

(2) `Health care services' means the full scope of medically necessary services provided by the participating obstetrician-gynecologist in the care of or related to the female reproductive system and breasts and in performing annual screening, counseling, and immunization for disorders and diseases in accordance with the most current published recommendations of the American College of Obstetricians and Gynecologists and includes services provided by nurse practitioners, physician's assistants, and certified midwives in collaboration with the obstetrician-gynecologist in the care of the participant or beneficiary.

(3) `Benefits' are medical services or other items to which an individual is entitled under the terms of a contract with a health benefit plan, as approved by the Department of Insurance."

SECTION 3. Section 38-33-325 of the 1976 Code, as added by Section 2 of this act, takes effect January 1, 1996, and applies to health benefit plans issued, renewed, or amended on or after January 1, 1996. For purposes of this act, renewal is presumed to occur on each


Printed Page 2334 . . . . . Wednesday, April 17, 1996

anniversary of the date when coverage was first effective on a person covered by the plan.

SECTION 4. This act takes effect October 1, 1996, unless otherwise provided for./

Renumber sections to conform.

Amend totals and title to conform.

POINT OF ORDER

Rep. TRIPP raised the Point of Order that Amendment No. 4 was out of order as it was not germane.

Rep. SEITHEL argued contra the Point in stating that it dealt with direct access for women to their ob-gyn.

Rep. TRIPP stated that the amendment dealt with Title 33 and the Bill dealt with Title 71.

The SPEAKER stated that the primary effect and thrust of the amendment was different from the Bill and under the rules it was not germane and he sustained the Point of Order and ruled the amendment out of order.

Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill resulting as follows:

Yeas 108; Nays 0

Those who voted in the affirmative are:

Allison              Anderson             Askins
Bailey               Baxley               Boan
Breeland             Brown, G.            Brown, H.
Brown, J.            Brown, T.            Cain
Carnell              Cato                 Cave
Chamblee             Clyburn              Cobb-Hunter
Cooper               Cotty                Cromer
Dantzler             Davenport            Delleney
Easterday            Felder               Fleming
Fulmer               Gamble               Hallman
Harris, J.           Harris, P.           Harrison
Harvin               Haskins              Hines, J.
Hines, M.            Hodges               Howard
Hutson               Inabinett            Jaskwhich
Jennings             Keegan               Kelley
Keyserling           Kinon                Kirsh
Klauber              Koon                 Lanford

Printed Page 2335 . . . . . Wednesday, April 17, 1996

Law                  Lee                  Limbaugh
Limehouse            Littlejohn           Loftis
Marchbanks           Mason                McAbee
McCraw               McKay                McMahand
Meacham              Moody-Lawrence       Neilson
Phillips             Quinn                Rhoad
Rice                 Richardson           Riser
Robinson             Sandifer             Scott
Seithel              Sharpe               Sheheen
Shissias             Simrill              Smith, D.
Smith, R.            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

Total--108

Those who voted in the negative are:


Total--0

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

H. 3987--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3987 -- Reps. Townsend and Cooper: A BILL TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR FARM TRUCK LICENSES, SO AS TO PROVIDE THAT THE FEES APPLY TO THE GROSS VEHICLE WEIGHT AND TO REVISE THE FEES.

Rep. TOWNSEND proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5856CM.96), which was adopted.

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


Printed Page 2336 . . . . . Wednesday, April 17, 1996

/SECTION 1. Section 56-3-670(B) of the 1976 Code, as last amended by Act 417 of 1994, is further amended to read:

"(B) The department shall issue to bona fide farmers special farm vehicle licenses on an annual basis for farm trucks for a fee as follows according to the maximum empty gross vehicle weight of the truck:

(1) 5,000 pounds: 4 ton or more: $12.00;
(2) 7,500 pounds: 6 ton or more: $12.00;
(3) 10,500 pounds: 8 ton or more: $15.00;

(4) 12,500 pounds: 10 ton or more: $30.00;

(5) 12,501 pounds and above:

(a) 15 ton or more: $60.00;

(b) 20 ton: $80.00;

(c) 25 ton: $100.00;

(d) 30 ton: $120.00;

Gross Vehicle Weight Fee
(1)Up to 26,499 pounds. . . . .$12.00
(2)26,500 to 32,499 pounds. . . . .$15.00
(3)32,500 to 42,500 pounds. . . . .$30.00
(4)42,501 to 52,500 pounds. . . . .$60.00
(5)52,501 to 62,500 pounds. . . . .$80.00
(6)62,501 to 72,500 pounds. . . . .$100.00
(7)72,501 to 80,000 pounds. . . . .$120.00.

Nothing in this section exempts farm vehicles from gross weight-axle requirements contained in Section 56-5-4140."

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

Renumber sections to conform.

Amend title to conform.

Rep. TOWNSEND explained the amendment.

The amendment was then adopted.

Pursuant to rule 7.7 the yeas and nays were taken on the passage of the Bill resulting as follows:

Yeas 93; Nays 8

Those who voted in the affirmative are:

Allison              Askins               Bailey
Baxley               Boan                 Brown, G.
Brown, H.            Cain                 Carnell
Cato                 Cave                 Chamblee

Printed Page 2337 . . . . . Wednesday, April 17, 1996

Cooper               Cotty                Dantzler
Davenport            Delleney             Easterday
Fleming              Fulmer               Gamble
Hallman              Harris, J.           Harris, P.
Harrison             Harvin               Haskins
Hines, J.            Hodges               Hutson
Jaskwhich            Jennings             Keegan
Kelley               Keyserling           Kinon
Kirsh                Klauber              Koon
Lanford              Law                  Limbaugh
Limehouse            Littlejohn           Loftis
Marchbanks           Martin               Mason
McAbee               McCraw               McKay
McMahand             Meacham              Moody-Lawrence
Neilson              Phillips             Quinn
Rice                 Richardson           Riser
Robinson             Sandifer             Scott
Seithel              Sharpe               Sheheen
Shissias             Simrill              Smith, D.
Smith, R.            Stille               Stoddard
Stuart               Thomas               Townsend
Trotter              Tucker               Vaughn
Waldrop              Walker               Wells
Whatley              Whipper, S.          White
Wilder               Wilkes               Wilkins
Williams             Witherspoon          Wofford
Worley               Wright               Young-Brickell

Total--93

Those who voted in the negative are:

Brown, J.            Hines, M.            Howard
Inabinett            Lee                  Lloyd
Neal                 Rhoad                

Total--8

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


Printed Page 2338 . . . . . Wednesday, April 17, 1996

H. 4430--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4430 -- Reps. Wright, Mason, Simrill, Askins, Felder, Cain, Sandifer, H. Brown, Inabinett, Stuart, M. Hines, Rice, Spearman, T. Brown, Richardson, Herdklotz, Wofford, Dantzler, Klauber, Koon, Law, Stoddard, Witherspoon, Quinn, Lloyd, Gamble, Easterday, Riser, Limbaugh and Waldrop: A BILL TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHOOL CRIME REPORT ACT, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL FORWARD ALL INFORMATION CONCERNING SCHOOL-RELATED CRIME TO THE ATTORNEY GENERAL WHICH SHALL BE USED BY HIM IN THE SUPERVISION OF THE PROSECUTION OF SCHOOL CRIME; TO PROVIDE THAT LOCAL LAW ENFORCEMENT OFFICIALS ARE REQUIRED TO CONTACT THE ATTORNEY GENERAL'S "SCHOOL SAFETY PHONE LINE" WHEN CERTAIN CRIMES OCCUR; TO PROVIDE THAT UPON REQUEST OF A LOCAL SCHOOL DISTRICT, THE ATTORNEY GENERAL MAY PETITION THE LOCAL SCHOOL BOARD TO EXPEL STUDENTS CHARGED WITH CERTAIN CRIMES; AND TO PROVIDE THAT THE ATTORNEY GENERAL IS AUTHORIZED TO REPRESENT THE LOCAL SCHOOL DISTRICT WHEN SUCH CASES ARE APPEALED TO AN APPELLATE COURT.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22329SD.96), which was adopted.

Amend the bill, as and if amended, by striking Section 59-63-360 of the 1976 Code, as contained in SECTION 1, and inserting:

/Section 59-63-360. The Attorney General shall monitor all reported school crimes and ensure prosecution of those crimes. The Attorney General may represent the local school district when the case is appealed to an appellate court./

Renumber sections to conform.

Amend title to conform.

Rep. JASKWHICH explained the amendment.

The amendment was then adopted.


Printed Page 2339 . . . . . Wednesday, April 17, 1996

The Education and Public Works Committee proposed the following Amendment No. 2 (Doc Name P:\amend\PT\2384SD.96), which was adopted.

Amend the bill, as and if amended, by striking Section 59-63-360 of the 1976 Code, as contained in SECTION 1, and inserting:

/ Section 59-63-360. The Attorney General shall monitor all reported school crimes. The Attorney General or his designee may represent the local school district when the case is appealed to an appellate court. /

Renumber sections to conform.

Amend totals and title to conform.

Rep. JASKWHICH explained the amendment.

The amendment was then adopted.

Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill resulting as follows:

Yeas 83; Nays 11

Those who voted in the affirmative are:

Allison              Askins               Bailey
Baxley               Boan                 Brown, H.
Cain                 Carnell              Cato
Chamblee             Cooper               Cotty
Dantzler             Davenport            Delleney
Easterday            Fleming              Fulmer
Gamble               Hallman              Harrell
Harris, J.           Harris, P.           Harrison
Harvin               Haskins              Hodges
Hutson               Jaskwhich            Jennings
Keegan               Kelley               Keyserling
Kinon                Kirsh                Klauber
Koon                 Lanford              Law
Limbaugh             Limehouse            Littlejohn
Loftis               Marchbanks           Martin
Mason                McAbee               McCraw
McKay                McTeer               Meacham
Neilson              Phillips             Quinn
Rice                 Richardson           Robinson
Rogers               Sandifer             Sharpe
Sheheen              Shissias             Simrill
Smith, R.            Stille               Stoddard

Printed Page 2340 . . . . . Wednesday, April 17, 1996

Stuart               Townsend             Trotter
Tucker               Vaughn               Waldrop
Walker               Wells                Whatley
Wilder               Wilkes               Wilkins
Witherspoon          Wofford              Worley
Wright               Young-Brickell       

Total--83

Those who voted in the negative are:

Breeland             Brown, T.            Cave
Hines, M.            Inabinett            Lee
Lloyd                Moody-Lawrence       Scott
Whipper, S.          White                

Total--11

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


| Printed Page 2320, Apr. 17 | Printed Page 2340, Apr. 17 |

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