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Printed Page 630, Feb. 6
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| 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 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. FELDER moved to adjourn debate upon the Bill until Wednesday, February 7.
Rep. TOWNSEND moved to table the motion.
Rep. CAVE demanded the yeas and nays, which were not ordered.
The motion to table was rejected by a division vote of 33 to 33.
The question then recurred to the motion to adjourn debate until Wednesday, February 7.
Rep. KELLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Canty Cato Cave Chamblee Clyburn Cobb-Hunter Cromer Davenport
Delleney Elliott Felder Fleming Govan Hallman Harris, J. Harrison Harvin Hines, J. Hines, M. Hodges Howard Kennedy Keyserling Knotts Koon Lanford Lee Lloyd Mason McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Riser Rogers Sandifer Scott Seithel Sharpe Shissias Smith, D. Spearman Stille Waldrop Whipper, L. Whipper, S. White Wilder Wilkes Wright Young
Those who voted in the negative are:
Allison Askins Brown, H. Byrd Cain Cotty Dantzler Easterday Fulmer Gamble Harrell Harris, P. Haskins Herdklotz Hutson Jaskwhich Keegan Kelley Kirsh Klauber Law Limbaugh Limehouse Littlejohn Loftis Marchbanks McKay Meacham Rice Robinson Simrill Smith, R. Stuart Townsend Tripp Trotter Vaughn Walker Wells Whatley Wilkins Witherspoon Wofford Worley Young-Brickell
So, the motion to adjourn debate was agreed to.
The Senate returned to the House with concurrence the following:
H. 4423 -- Rep. Rice: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT A MARKER AT THE INTERSECTION OF UNITED STATES HIGHWAY 25 AND SOUTH CAROLINA HIGHWAY 124 IN GREENVILLE COUNTY HONORING MR. RICKY DALE PERRY.
At 12:57 P.M. the House in accordance with the motion of Rep. NEILSON adjourned in memory of Harold Brasington, founder of Darlington Raceway, to meet at 2:00 P.M. tomorrow.
Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God our Father, may these moments of prayer lift us into the light of Your presence. Teach us that even in life's uncertainty, bewilderment and perplexity that You are the same yesterday, today and always. Keep us steadfast in things that are changeless: such as the moral law of the Ten Commandments and the eternal truths of the Sermon on the Mount. Banish from us all that is unworthy, overrule all mistakes, confirm and multiply all that is right. Help us to turn difficulties into dividends, tragedy into triumph.
And now as we go to our waiting tasks, remain with us enabling us to hear the words of the Psalmist: "The Lord is high above all Nations, and His glory above the heavens." (Psalm 113:4) 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.
Rep. CARNELL moved that when the House adjourns, it adjourn in memory of Mrs. Teresa Gamble and her children, Kristina and Nicholas of Ware Shoals, which was agreed to.
The following was received.
Columbia, S.C., February 6, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 189:
S. 189 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-335 SO AS TO PROVIDE THAT CANDIDATES' NAMES IN CERTAIN
Very respectfully,
President
Received as information.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4493 -- Rep. McTeer: A BILL TO AMEND SECTION 44-93-210, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO THE REGULATION OF THE AMOUNT OF INFECTIOUS WASTE GENERATED IN THE STATE, SO AS TO APPLY CERTAIN LIMITATIONS TO ALL INFECTIOUS WASTE INCINERATOR FACILITIES RATHER THAN ONLY TO COMMERCIAL FACILITIES, AND TO REMOVE THE EXEMPTION FROM THIS LIMITATION FROM HOSPITALS AND GENERATOR FACILITIES; AND TO REPEAL SECTION 44-93-200 RELATING TO HOSPITAL AND GENERATOR FACILITIES' EXEMPTION FROM CERTAIN PROVISIONS OF THE INFECTIOUS WASTE MANAGEMENT ACT.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3536 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT AN INDIVIDUAL WHO OWNS A MOTOR VEHICLE OR HOLDS A MOTOR VEHICLE UNDER LEASE AND WHO, UNDER WRITTEN CONTRACT OR LEASE, PROVIDES THAT VEHICLE AND THE SERVICES OF A DRIVER TO A MOTOR CARRIER MUST BE CONSIDERED AN INDEPENDENT CONTRACTOR AND NOT AN EMPLOYEE OF THE MOTOR
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4267 -- Reps. Cato and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-515 SO AS TO PROVIDE THAT INSURERS ISSUING A WORKERS' COMPENSATION INSURANCE POLICY SHALL OFFER, AS A PART OF THE POLICY OR AS AN OPTIONAL ENDORSEMENT TO THE POLICY, DEDUCTIBLES OPTIONAL TO THE POLICYHOLDER FOR BENEFITS PAYABLE UNDER TITLE 42, WORKERS' COMPENSATION, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4369 -- Reps. Cato, Kirsh, Riser, Vaughn and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-39-40 SO AS TO PROVIDE FOR THE VOLUNTARY WITHHOLDING OF STATE AND FEDERAL INCOME TAXES FROM UNEMPLOYMENT COMPENSATION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3131 -- Rep. Hodges: A BILL TO REPEAL CHAPTER 19 OF TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL SERVICE CONTRACTS AND THE REQUIREMENT THAT THESE CONTRACTS BE INDEXED IN THE OFFICES OF THE REGISTER OF MESNE CONVEYANCES OR THE CLERK OF COURT.
Ordered for consideration tomorrow.
H. 4492 -- Reps. Wilkins, Rice, Meacham, Whatley, Klauber, Wofford, Seithel, Fulmer, Knotts, Sharpe, H. Brown, Harrell, Easterday, Haskins, Cato, D. Smith, Townsend, Fleming, Young-Brickell, Cotty, J. Brown, Harrison, Vaughn, Cain, Sandifer, Witherspoon, Tripp, Robinson, Wells, Gamble and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-85 SO AS TO PROHIBIT MUNICIPALITIES, COUNTIES, SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS FROM IMPOSING TAXES OR FEES ON INDIVIDUALS, CORPORATIONS, OR OTHER BUSINESS ENTITIES AND TO EXEMPT FROM THIS PROHIBITION TAXES AND FEES ENACTED BEFORE DECEMBER 31, 1995, OR TAXES AND FEES AUTHORIZED EXPRESSLY BY THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.
On motion of Rep. SPEARMAN, with unanimous consent, the following was taken up for immediate consideration:
H. 4556 -- Reps. Spearman and Koon: A HOUSE RESOLUTION CONGRATULATING THE BATESBURG-LEESVILLE HIGH SCHOOL FOOTBALL TEAM ON WINNING THE 1995 CLASS AA STATE CHAMPIONSHIP AND GRANTING THE TEAM, COACHES, AND SCHOOL OFFICIALS THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, FEBRUARY 22, 1996, AT A TIME TO BE DETERMINED BY THE SPEAKER.
Whereas, the members of the House of Representatives are very pleased to learn that the Batesburg-Leesville High School "Panthers" Football Team captured the 1995 Class AA State Championship; and
Whereas, the Batesburg-Leesville Panthers defeated Lamar High School 42-8 for the Upper State Conference Game; and
Whereas, the Panthers rallied over Barnwell High School 35-0 to clinch the State Championship; and
Whereas, led by Head Coach Phil Strickland the team earned this state title as the undefeated conference champions;
Whereas, Batesburg-Leesville High's Athletic Director Gary Phillips, students, teachers, and parents have demonstrated their unity by providing support and dedication to the Panthers; and
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, congratulate the Batesburg-Leesville High School Football Team upon winning the 1995 Class AA State Championship.
Be it further resolved that the team, coaches, and school officials be granted the privilege of the floor of the House of Representatives for the purposes of being recognized and congratulated on Thursday, February 22, 1996, at a time to be determined by the Speaker.
Be it further resolved that a copy of this resolution be forwarded to Phil Strickland, Head Coach of Batesburg-Leesville High School's Football Team and to Dr. Beth P. Reynolds, Principal of Batesburg-Leesville High School.
The Resolution was adopted.
On motion of Rep. D. SMITH, with unanimous consent, the following was taken up for immediate consideration:
S. 1106 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON WEDNESDAY, FEBRUARY 14, 1996, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 1996; TO FILL THE OFFICE OF JUDGE OF THE COURT OF APPEALS, SEAT 7, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE OFFICE OF JUDGE OF THE COURT OF APPEALS, SEAT 8, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2000; TO FILL THE OFFICE OF JUDGE OF THE COURT OF APPEALS, SEAT 9, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRD JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO FILL THE OFFICE OF JUDGE OF THE CIRCUIT COURT AT-LARGE, SEAT 11, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE OFFICE OF JUDGE OF THE CIRCUIT COURT AT-LARGE, SEAT 12, CREATED IN THE 1995-96 APPROPRIATIONS
Be it resolved by the Senate, the House of Representatives concurring:
That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, February 14, 1996, at 12:30 p.m. to elect a successor to the Honorable Jean H. Toal, Associate Justice of the Supreme Court, and whose term expires July 31, 1996; to fill the office of Judge of the Court of Appeals, Seat 7, created in the 1995-96 Appropriations Act, and whose term expires June 30, 2002; to fill the office of Judge of the Court of Appeals, Seat 8, created in the 1995-96 Appropriations Act, and whose term expires June 30, 2000; to fill the office of Judge of the Court of Appeals, Seat 9, created in the 1995-96 Appropriations Act, and whose term expires June 30, 1998; to elect a successor to the Honorable David F. McInnis, Judge of the Third Judicial Circuit whose unexpired term expires June 30, 2000; to fill the office of Judge of the Circuit Court At-Large, Seat 11, which was created in the 1995-96 Appropriations Act, and whose term expires June 30, 2002; to fill the office of Judge of the Circuit Court At-Large, Seat 12, created in the 1995-96 Appropriations Act, and whose term
Be it further resolved that all nominations shall be made by the Chairman of the Joint Legislative Committee for Judicial Screening and that no further nominating or seconding speeches be made by members of the General Assembly on behalf of any candidate.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1107 -- Senator Matthews: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ONE OF THE STATE'S MOST PROMINENT COLLEGE PRESIDENTS, DR. LEONARD E. DAWSON, UPON TEN YEARS OF OUTSTANDING SERVICE AND LEADERSHIP AT VOORHEES COLLEGE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
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