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 240, Jan. 18 | Printed Page 260, Jan. 18 |

Printed Page 250 . . . . . Thursday, January 18, 1996

H. 3203--SENT TO THE SENATE

The following Bill was taken up.

H. 3203 -- Rep. Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES OR APPOINTED OR ELECTED TO A COUNTY BOARD OF EDUCATION AFTER JULY 1, 1995, WHO PREVIOUSLY HAS NOT SERVED IN SUCH OFFICE, SHALL SUCCESSFULLY COMPLETE AN ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL REIMBURSE LOCAL SCHOOL DISTRICTS AND BOARDS OF EDUCATION FOR THE COST OF THESE ORIENTATIONS UP TO A MAXIMUM AMOUNT PER YEAR.

The Bill was read the third time, and ordered sent to the Senate by a division vote of 59 to 24.


Printed Page 251 . . . . . Thursday, January 18, 1996

SENT TO THE SENATE

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

H. 3057 -- Reps. Tucker, Simrill, Wofford, D. Smith, Haskins, Vaughn, Harrison, Cooper, Limbaugh, Elliott, Richardson, Gamble, Stuart, Phillips, Knotts and Spearman: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF CIRCUIT COURT JURY LISTS FROM A TAPE OF THOSE PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO DELETE THIS PROVISION AND PROVIDE THAT THESE JURY LISTS MUST BE PREPARED BY THE STATE ELECTION COMMISSION FROM THE NAMES OF THE REGISTERED VOTERS IN THE COUNTY.

H. 3653--SENT TO THE SENATE

The following Bill was taken up.

H. 3653 -- Reps. Cato, H. Brown, G. Brown, Neilson, Bailey, A. Young, Knotts, Meacham, Davenport, Simrill, Shissias, Cooper, Wright, Jennings, Spearman, Marchbanks and Harrison: A BILL TO AMEND SECTION 56-9-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO REVISE THE DEFINITION OF "MOTOR VEHICLE LIABILITY POLICY".

Rep. WALKER spoke against the Bill.

Rep. CATO spoke in favor of the Bill.

LEAVE OF ABSENCE

The SPEAKER granted Rep. CANTY a leave of absence for the remainder of the day to attend a funeral.

Rep. RICHARDSON spoke in favor of the Bill.

The question then recurred to the passage of the Bill on third reading.

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

Yeas 88; Nays 26
Printed Page 252 . . . . . Thursday, January 18, 1996

Those who voted in the affirmative are:
Allison             Anderson            Askins
Bailey              Boan                Brown, G.
Brown, H.           Brown, T.           Cain
Cato                Cooper              Cotty
Cromer              Dantzler            Davenport
Delleney            Easterday           Elliott
Felder              Fleming             Fulmer
Gamble              Govan               Hallman
Harris, J.          Harris, P.          Harrison
Haskins             Herdklotz           Hodges
Hutson              Inabinett           Jennings
Kennedy             Keyserling          Kinon
Kirsh               Klauber             Knotts
Lanford             Law                 Limbaugh
Limehouse           Lloyd               Marchbanks
Martin              McAbee              McMahand
Meacham             Moody-Lawrence      Neilson
Quinn               Rhoad               Richardson
Riser               Robinson            Rogers
Sandifer            Scott               Seithel
Shissias            Simrill             Smith, D.
Smith, R.           Spearman            Stille
Stoddard            Stuart              Thomas
Townsend            Tripp               Trotter
Tucker              Vaughn              Waldrop
Wells               Whatley             Whipper, L.
Whipper, S.         White               Wilder
Wilkes              Wilkins             Wofford
Worley              Wright              Young
Young-Brickell

Total--88

Those who voted in the negative are:

Baxley               Byrd                 Canty
Cave                 Chamblee             Clyburn
Cobb-Hunter          Harrell              Hines, J.
Hines, M.            Howard               Jaskwhich
Keegan               Kelley               Koon
Lee                  Littlejohn           Mason

Printed Page 253 . . . . . Thursday, January 18, 1996

McCraw               McTeer               Neal
Phillips             Rice                 Sheheen
Walker               Witherspoon

Total--26

So, the Bill was read the third time, and ordered sent to the Senate.

S. 870--DEBATE ADJOURNED

Rep. TOWNSEND moved to adjourn debate upon the following Concurrent Resolution until Wednesday, January 24, which was adopted.

S. 870 -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE HIGHWAY 76/378 IN SUMTER COUNTY AS THE R. J. CHIC MATHIS HIGHWAY.

H. 4419--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 4419 -- Rep. Anderson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME SOUTH CAROLINA HIGHWAY 81 FROM THE CITY LIMIT OF GREENVILLE TO THE POINT ONE MILE SOUTH OF THE CITY LIMIT IN GREENVILLE COUNTY IN HONOR OF BISHOP WILLIAM EDWARD FULLER, SR.

Whereas, Bishop William Edward Fuller, Sr., was born on January 29, 1875, in Mountville, South Carolina; and

Whereas, Bishop Fuller led the Fire Baptized Holiness Church of God of the Americas for sixty years; and

Whereas, Bishop Fuller was a great statesman, educator, a man of cohesive power and wisdom, a dynamic preacher, and a crusader for the true and living God; and

Whereas, he was the founder, organizer, and president of the Fuller Normal and Industrial Institute in Atlanta, Georgia, which opened its doors in 1912; and

Whereas, in 1923, Bishop Fuller moved the Fuller Normal and Industrial Institute from Atlanta, Georgia, to Greenville, South Carolina; and


Printed Page 254 . . . . . Thursday, January 18, 1996

Whereas, under his leadership, the Greenville campus grew to include twelve acres of land, the Caroline Williams Phelps Administration Building, and Emma Wright Fuller Hall which served as an academic classroom building and dormitory; and

Whereas, after Bishop Fuller's death in 1958, his son, Bishop William Edward Fuller, Jr., has carried on his father's legacy by overseeing the addition of ten and one-half acres to the Institute's campus and construction of four additional buildings; and

Whereas, the Fuller Normal and Industrial Institute has hosted numerous national and international religious conventions and meetings; and

Whereas, it is filling and proper that South Carolina 81 from the city limit of Greenville to the point one mile south of the city limit in Greenville County be designated and named the "Bishop William Edward Fuller, Sr., Highway" as a lasting tribute to this distinguished South Carolinian. Now, therefore,

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

That the members of the General Assembly request that the Department of Transportation designate and name South Carolina Highway 81 in Greenville County described in this resolution as the "Bishop William Edward Fuller, Sr., Highway" and to install appropriate markers or signs at places along the highway as the department considers advisable containing the words "Bishop William Edward Fuller, Sr., Highway."

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and the family of Bishop William Edward Fuller, Sr.

The Concurrent Resolution was adopted and ordered sent to the Senate.

H. 4423--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

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.

Whereas, Mr. Ricky Dale Perry was born on September 20, 1958, in Greenville County, South Carolina, and was a member of Saint Paul United Methodist Church in Greenville; and


Printed Page 255 . . . . . Thursday, January 18, 1996

Whereas, Ricky was a graduate of Parker High School and attended Greenville Technical College; and

Whereas, he devoted his life to helping his fellow man; and

Whereas, Ricky's life tragically was cut short by a drunk driver while he was assisting a stranded motorist at the intersection of United States Highway 25 and South Carolina Highway 124; and

Whereas, his heroism and compassion was recognized by the Greenville County Council in a resolution issued on October 17, 1989; and

Whereas, it is fitting and proper that a marker be erected at the intersection of United States Highway 25 and South Carolina Highway 124 in Greenville County as a lasting tribute to Mr. Ricky Dale Perry's lifelong humanitarian efforts. Now, therefore,

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

That the members of the General Assembly request that the Department of Transportation erect a marker at the intersection of United States Highway 25 and South Carolina Highway 124 that memorializes the life and commemorates the humanitarian work of Mr. Ricky Dale Perry.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to the family of Mr. Ricky Dale Perry.

The Concurrent Resolution was adopted and ordered sent to the Senate.

RECURRENCE TO THE MORNING HOUR

Rep. TOWNSEND moved that the House recur to the morning hour, which was agreed to.

INTRODUCTION OF BILLS

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

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


Printed Page 256 . . . . . Thursday, January 18, 1996

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.

Without reference.

H. 4475 -- Reps. Baxley, Neilson, R. Smith, Cain, Kirsh, Lloyd, J. Hines, Dantzler, Thomas, Clyburn, Chamblee, M. Hines and Jennings: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXCLUDE FROM THE DEFINITION MEMBERSHIP FEES OR DUES REQUIRED TO BE PAID TO A VENDOR FOR THE PAYOR TO BE ABLE TO PURCHASE TANGIBLE PERSONAL PROPERTY FROM THE VENDOR.

Referred to Committee on Ways and Means.

H. 4476 -- Reps. Seithel, Bailey, Kelley, Thomas, Harrison, Fulmer, Whatley, Cain, Young-Brickell and J. Young: A BILL TO AMEND SECTIONS 56-1-40 AND 56-1-180, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY OBTAIN A DRIVER'S LICENSE, BEGINNER'S PERMIT, AND A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A PERSON UNDER SEVENTEEN YEARS OF AGE OR WHO HAS NOT COMPLETED SUCCESSFULLY A DRIVER TRAINING COURSE MAY NOT OBTAIN A DRIVER'S LICENSE AND TO REVISE THE AGE THAT A PERSON MUST BE AND THE LENGTH OF TIME A PERSON MUST POSSESS A BEGINNER'S PERMIT TO OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE.

Referred to Committee on Education and Public Works.

OBJECTION TO RECALL

Rep. COTTY asked unanimous consent to recall H. 4061 from the Committee on Education and Public Works.

Rep. COOPER objected.


Printed Page 257 . . . . . Thursday, January 18, 1996

OBJECTION TO RECALL

Rep. HUTSON asked unanimous consent to recall H. 4112 from the Committee on Education and Public Works.

Rep. TOWNSEND objected.

MOTION PERIOD

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

H. 3380--RECONSIDERED AND TABLED

The motion of Rep. LANFORD to reconsider the vote whereby debate was adjourned on the following Bill was taken up and agreed to.

H. 3380 -- Reps. Lanford, Wilkins, Hallman, Koon, Mason, Sandifer, Simrill, Wright, Cain, Allison, Wells, Walker, A. Young, McCraw, Hines, Cato, Inabinett, Breeland, Herdklotz, S. Whipper, Davenport and Beatty: A BILL TO AMEND SECTION 20-7-2205, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST COMMITTING A STATUS OFFENDER TO THE CUSTODY OF A CORRECTIONAL INSTITUTION OR SECURE EVALUATION CENTER OPERATED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT SUCH COMMITMENT MAY BE MADE TO A SECURE EVALUATION CENTER FOR AN INDETERMINATE PERIOD NOT TO EXCEED FORTY-FIVE DAYS.

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

H. 3174--DEBATE ADJOURNED

Rep. KELLEY moved to adjourn debate upon the following Bill until Wednesday, January 24, 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


Printed Page 258 . . . . . Thursday, January 18, 1996

MOTORCYCLES AND MOTOR-DRIVEN CYCLES, SO AS TO INCREASE THE FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 59-53-2010, RELATING TO A STATEWIDE MOTORCYCLE SAFETY INSTRUCTION PROGRAM, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 59-53-2020, RELATING TO THE CREATION, ADMINISTRATION, INSTRUCTORS, AND CURRICULUM ASSOCIATED WITH THE MOTORCYCLE SAFETY INSTRUCTION PROGRAM, SO AS TO ELIMINATE THE "MOTORCYCLE SAFETY INSTRUCTION PROGRAM", TO CREATE THE "MOTORCYCLE SAFETY EDUCATION PROGRAM", TO ESTABLISH THE MOTORCYCLE SAFETY EDUCATION PROGRAM'S ADMINISTRATION'S PURPOSE, COURSE ENROLLMENT REQUIREMENTS, INSTRUCTOR REQUIREMENTS, AND CURRICULUM; BY ADDING SECTION 59-53-2022 SO AS TO REQUIRE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION DEVELOP CERTAIN WRITTEN POLICIES AND PROCEDURES; BY ADDING SECTION 59-53-2024 SO AS TO CREATE, ESTABLISH REVENUE SOURCES FOR, AND PROVIDE FOR THE ADMINISTRATION OF THE SOUTH CAROLINA MOTORCYCLE SAFETY EDUCATION TRUST FUND; BY ADDING SECTION 59-53-2026 SO AS TO ESTABLISH AN ADVISORY COMMITTEE TO ASSIST IN DEVELOPING, ESTABLISHING, AND MAINTAINING THE MOTORCYCLE SAFETY EDUCATION PROGRAM; BY ADDING SECTION 59-53-2028 SO AS TO REQUIRE THE EXECUTIVE DIRECTOR OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO ISSUE A BIANNUAL REPORT REGARDING THE MOTORCYCLE SAFETY EDUCATION PROGRAM; AND TO REPEAL SECTION 59-53-2030 RELATING TO PROGRAM ENROLLMENT FEES.

H. 3909--ORDERED TO THIRD READING

The following Bill was taken up.

H. 3909 -- Reps. Wright, Askins, Bailey, Gamble, Harvin, Herdklotz, Kirsh, Knotts, McCraw, Riser, Robinson, Simrill, Spearman and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-660 SO AS TO PROVIDE UNDER THE WORKERS' COMPENSATION LAW THAT NO ARCHITECT, ENGINEER, LAND SURVEYOR, LANDSCAPE ARCHITECT, OR THEIR EMPLOYEES OR A CORPORATION, PARTNERSHIP, OR


Printed Page 259 . . . . . Thursday, January 18, 1996

FIRM OFFERING THESE SERVICES WHO IS RETAINED TO PERFORM PROFESSIONAL SERVICES ON A CONSTRUCTION PROJECT IS LIABLE FOR ANY INJURY RESULTING FROM THE EMPLOYER'S FAILURE TO COMPLY WITH SAFETY STANDARDS ON A CONSTRUCTION PROJECT FOR WHICH COMPENSATION IS RECOVERABLE, UNLESS RESPONSIBILITY FOR SAFETY PRACTICES IS SPECIFICALLY ASSUMED BY CONTRACT, AND PROVIDE FOR RELATED MATTERS.

Rep. YOUNG-BRICKELL explained the Bill.

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

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

Yeas 93; Nays 10

Those who voted in the affirmative are:

Allison              Askins               Bailey
Boan                 Brown, G.            Brown, H.
Brown, T.            Cain                 Cato
Cooper               Cotty                Cromer
Dantzler             Davenport            Delleney
Easterday            Elliott              Felder
Fleming              Fulmer               Gamble
Govan                Hallman              Harrell
Harris, J.           Harrison             Haskins
Herdklotz            Hines, J.            Hines, M.
Hodges               Howard               Hutson
Inabinett            Jaskwhich            Keegan
Kelley               Keyserling           Kinon
Kirsh                Klauber              Knotts
Koon                 Lanford              Law
Lee                  Limbaugh             Limehouse
Littlejohn           Marchbanks           Mason
McAbee               McCraw               Meacham
Neilson              Phillips             Quinn
Rhoad                Rice                 Richardson
Riser                Robinson             Rogers
Sandifer             Scott                Seithel
Sharpe               Shissias             Simrill
Smith, D.            Smith, R.            Spearman
Stille               Stoddard             Stuart

Printed Page 260 . . . . . Thursday, January 18, 1996

Townsend             Tripp                Trotter
Tucker               Vaughn               Walker
Wells                Whatley              Whipper, L.
Whipper, S.          Wilder               Wilkes
Wilkins              Witherspoon          Wofford
Worley               Wright               Young-Brickell

Total--93

Those who voted in the negative are:

Baxley               Cave                 Cobb-Hunter
Jennings             Kennedy              Lloyd
Moody-Lawrence       Neal                 Sheheen
Thomas               

Total--10

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


| Printed Page 240, Jan. 18 | Printed Page 260, Jan. 18 |

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