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 390, Jan. 31 | Printed Page 410, Jan. 31 |

Printed Page 400 . . . . . Wednesday, January 31, 1996

Reps. WALKER, MARCHBANKS, SIMRILL, SHARPE, WITHERSPOON, VAUGHN, McMAHAND, ANDERSON, LITTLEJOHN, SANDIFER, INABINETT, TROTTER, KOON and RISER objected to the Bill.

H. 3732--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, February 1, which was adopted.

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.

H. 3858--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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.

Rep. R. SMITH proposed the following Amendment No. 2 (Doc Name P:\amend\BBM\10534JM.96), which was adopted.

Amend the bill, as and if amended, by striking Section 20-7-1333(C), as contained in Section 1, and inserting:

/(C) If the court suspends the child's driver's license, the child must submit the license to the court and the court shall forward the license to the proper authorities for license suspension. However, convictions not


Printed Page 401 . . . . . Wednesday, January 31, 1996

related to the operation of a motor vehicle shall not result in increased insurance premiums./

Amend title to conform.

Rep. MARTIN explained the amendment.

The amendment was then adopted.

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

H. 4497--RECALLED AND REFERRED TO THE COMMITTEE

ON LABOR, COMMERCE AND INDUSTRY

On motion of Rep. CATO, 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. 4497 -- Rep. Cato: A BILL TO DESIGNATE SECTIONS 38-9-10 THROUGH 38-9-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AND CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS AS ARTICLE 1 OF CHAPTER 9, TITLE 38 AND ENTITLE THAT ARTICLE "GENERAL PROVISIONS"; TO AMEND CHAPTER 9, TITLE 38 BY ADDING ARTICLE 3 SO AS TO ENACT PROVISIONS REQUIRING INSURERS TRANSACTING BUSINESS IN THIS STATE TO MAINTAIN RISK BASED CAPITAL; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.

H. 3772--REJECTED

The following Joint Resolution was taken up.

H. 3772 -- Reps. Scott, Williams, Cave, Kennedy, Beatty, Lloyd, Spearman, White, Cobb-Hunter, Jennings, Knotts, Clyburn, Keegan, Hallman, Inabinett, Mason, Whatley, Fulmer, Breeland, Keyserling, Wofford, Kelley, Stoddard, Allison, Seithel and Wilkes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A LOTTERY, SO AS TO ALLOW LOTTERIES TO BE CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.


Printed Page 402 . . . . . Wednesday, January 31, 1996

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Yeas 71; Nays 40

Those who voted in the affirmative are:

Allison              Askins               Bailey
Baxley               Breeland             Brown, G.
Brown, J.            Byrd                 Cave
Chamblee             Clyburn              Cobb-Hunter
Cotty                Cromer               Dantzler
Elliott              Fleming              Fulmer
Gamble               Govan                Hallman
Harrell              Harris, P.           Harrison
Hines, J.            Howard               Inabinett
Jennings             Keegan               Kelley
Kennedy              Keyserling           Kinon
Lanford              Law                  Lee
Limehouse            Littlejohn           Martin
Mason                McAbee               McCraw
Moody-Lawrence       Neilson              Phillips
Rhoad                Richardson           Riser
Rogers               Scott                Seithel
Sheheen              Shissias             Smith, D.
Smith, R.            Spearman             Stoddard
Stuart               Thomas               Tucker
Vaughn               Whatley              Whipper, S.
White                Wilder               Wilkes
Williams             Wofford              Worley
Wright               Young-Brickell

Total--71

Those who voted in the negative are:

Anderson             Boan                 Brown, H.
Cain                 Canty                Carnell
Cato                 Cooper               Davenport
Delleney             Easterday            Harris, J.
Haskins              Herdklotz            Hines, M.
Hodges               Jaskwhich            Kirsh
Koon                 Limbaugh             Loftis
Marchbanks           McKay                McMahand

Printed Page 403 . . . . . Wednesday, January 31, 1996

McTeer               Meacham              Neal
Rice                 Robinson             Sandifer
Sharpe               Simrill              Stille
Townsend             Trotter              Waldrop
Wells                Wilkins              Witherspoon
Young                

Total--40

So, having failed to receive the necessary vote, the Joint Resolution was rejected.

RECORD FOR JOURNAL

I was late today due to having a previous scheduled doctor's appointment and a scheduled meeting with Labor, Licensing and Regulations personnel in reference to state business. These appointments could not be rescheduled. I missed the lottery vote in which I favored the people's right to vote.

Rep. J.M. KNOTTS, JR.

MOTION PERIOD

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

H. 3174--DEBATE ADJOURNED

Rep. KELLEY moved to adjourn debate upon the following Bill until Wednesday, May 1, 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


Printed Page 404 . . . . . Wednesday, January 31, 1996

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. 4474--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

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


Printed Page 405 . . . . . Wednesday, January 31, 1996

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.

Rep. TOWNSEND explained the Bill.

SPEAKER PRO TEMPORE IN CHAIR

Rep. TOWNSEND continued speaking.

Rep. SHEHEEN spoke against the Bill.

Rep. RICHARDSON moved to adjourn debate upon the Bill until Wednesday, February 7.

Rep. TOWNSEND moved to table the motion.

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

Yeas 58; Nays 53

Those who voted in the affirmative are:

Allison              Anderson             Askins
Brown, H.            Byrd                 Cain
Carnell              Cato                 Chamblee
Cotty                Dantzler             Davenport
Easterday            Fleming              Fulmer
Gamble               Hallman              Harrell
Haskins              Herdklotz            Hutson
Keegan               Kelley               Lanford
Law                  Limbaugh             Limehouse
Littlejohn           Loftis               Marchbanks
Mason                McKay                Meacham
Rhoad                Rice                 Riser
Robinson             Sandifer             Seithel
Simrill              Smith, D.            Spearman
Stille               Thomas               Townsend
Trotter              Tucker               Vaughn
Walker               Wells                Whatley

Printed Page 406 . . . . . Wednesday, January 31, 1996

Williams             Witherspoon          Wofford
Worley               Wright               Young
Young-Brickell

Total--58

Those who voted in the negative are:

Bailey               Baxley               Boan
Breeland             Brown, G.            Brown, J.
Brown, T.            Canty                Cave
Clyburn              Cobb-Hunter          Cooper
Cromer               Delleney             Elliott
Felder               Govan                Harris, J.
Harris, P.           Harrison             Hines, J.
Hines, M.            Hodges               Howard
Inabinett            Jennings             Keyserling
Kinon                Kirsh                Lee
McCraw               McElveen             McMahand
McTeer               Moody-Lawrence       Neal
Neilson              Phillips             Richardson
Rogers               Scott                Sharpe
Sheheen              Shissias             Smith, R.
Stoddard             Stuart               Waldrop
Whipper, L.          Whipper, S.          White
Wilder               Wilkes               

Total--53

So, the motion to adjourn debate was tabled.

Rep. HODGES spoke against the Bill.

SPEAKER IN CHAIR

Rep. HODGES continued speaking.

Rep. HARRISON proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2209HTC.96), which was adopted.

Amend the bill, as and if amended, by striking Section 57-1-360 as contained in SECTION 2, page 2, and inserting:


Printed Page 407 . . . . . Wednesday, January 31, 1996

/Section 57-1-360. The commission shall foster the creation of private/public partnerships in an effort to improve the efficiencies and avoid delays in the construction and maintenance of highway projects. The commission shall investigate mechanisms for outsourcing the planning, engineering, construction, and maintenance of highway projects.

The commission shall report annually before February of each year to the House Education and Public Works Committee, the Senate Transportation Committee, and the Governor's Office the status of progress in pursuit of this directive./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

Rep. TOWNSEND spoke in favor of the Bill.

Reps. ROGERS, L. WHIPPER and NEAL spoke against the Bill.

Rep. NEAL moved to recommit the Bill to the Committee on Education and Public Works.

Rep. KELLEY moved to table the motion to recommit.

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

Yeas 57; Nays 55

Those who voted in the affirmative are:

Allison              Brown, H.            Cain
Cato                 Cooper               Cotty
Dantzler             Davenport            Easterday
Felder               Fleming              Fulmer
Gamble               Hallman              Harrell
Haskins              Herdklotz            Hutson
Jaskwhich            Keegan               Kelley
Kinon                Koon                 Lanford
Law                  Limbaugh             Limehouse
Littlejohn           Loftis               Marchbanks
McKay                Meacham              Phillips
Rice                 Richardson           Riser
Robinson             Sandifer             Sharpe
Shissias             Simrill              Smith, R.
Spearman             Stille               Stoddard

Printed Page 408 . . . . . Wednesday, January 31, 1996

Stuart               Townsend             Trotter
Vaughn               Walker               Wells
Whatley              Wilkins              Witherspoon
Wofford              Worley               Young-Brickell

Total--57

Those who voted in the negative are:

Anderson             Askins               Bailey
Baxley               Boan                 Breeland
Brown, G.            Brown, J.            Brown, T.
Canty                Carnell              Cave
Clyburn              Cobb-Hunter          Cromer
Delleney             Govan                Harris, J.
Harris, P.           Harrison             Hines, J.
Hines, M.            Hodges               Howard
Inabinett            Keyserling           Kirsh
Lee                  Mason                McAbee
McCraw               McElveen             McMahand
McTeer               Moody-Lawrence       Neal
Neilson              Quinn                Rhoad
Rogers               Scott                Seithel
Sheheen              Smith, D.            Thomas
Tucker               Waldrop              Whipper, L.
Whipper, S.          White                Wilder
Wilkes               Williams             Wright
Young                

Total--55

So, the motion to recommit was tabled.

Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of the Bill.

JOINT ASSEMBLY

At 12:00 Noon the Senate appeared in the Hall of the House.

The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.


Printed Page 409 . . . . . Wednesday, January 31, 1996

ELECTION OF EMPLOYMENT SECURITY

COMMISSION MEMBERS

The Reading Clerk of the House read the following Concurrent Resolution:

S. 1006 -- Senator Saleeby: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JANUARY 31, 1996, AS THE TIME FOR ELECTING SUCCESSORS TO THE THREE COMMISSIONERS FOR THE EMPLOYMENT SECURITY COMMISSION, WHOSE CURRENT TERMS EXPIRE JUNE 30, 1996.

The President announced that nominations were in order for three members of the Employment Security Commission.

Senator Saleeby, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: John E. Bonaparte, Jr., C.D. Chamblee, Samuel R. Foster, J. William McLeod, Kathleen Riley, Joseph B. Rosen, John J. Snow, Jr., and Carole C. Wells.

Senator Saleeby stated that the following candidate had withdrawn from the race: John J. Snow, Jr.

Rep. ALLISON nominated Mrs. Wells as follows:

"Mr. President, Mr. Speaker, distinguished colleagues in the General Assembly... I do not come to this podium often, but when I do come it is because I am passionate to the subject or the person in question. Today, I want to share with you very briefly, not the obvious about Carole Wells, not the fact that she has served this General Assembly for 10 years, has served in many leadership roles as Minority Leader, Chair of Women's Caucus, LCI Committee, Agriculture Committee and Ways and Means, Chairing K-12 Sub Committee. Not all of the things that you read about in the media and the press. She has also served on many special Joint Committees and positions appointed by 2 Governors. Currently she holds a National Leadership Role as President elect of the National Organization of Women Legislators. Those are the obvious, the things that you already know. But I know the deeper person. She is also a dedicated wife, mother and grandmother and always putting her family first and they in return are supportive of all her endeavors and as was mentioned earlier, they are here today supporting her efforts. She has character values that we all strive for, honesty, caring, integrity and a deep ethical sense. She will keep her word, I found that out, even when she must stand alone. The position on the Employment Security Commission has been another


| Printed Page 390, Jan. 31 | Printed Page 410, Jan. 31 |

Page Finder Index