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 280, Jan. 23 | Printed Page 300, Jan. 24 |

Printed Page 290 . . . . . Wednesday, January 24, 1996

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1058 -- Senators Short, Peeler, Lander, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY AND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE HONORABLE JAMES M. ARTHUR, SR. OF UNION COUNTY, A PROMINENT CIVIC LEADER AND FORMER LEGISLATOR, UPON HIS DEATH.

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. 4486 -- Reps. Limehouse, Tripp, Whatley and Knotts: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT NINE OR MORE MEMBERS INSTEAD OF ALL TWELVE MEMBERS OF A JURY MUST VOTE IN FAVOR OF CONVICTING A PERSON OF MURDER AND IMPOSING THE DEATH PENALTY WHERE A PERSON HAS BEEN CONVICTED OF MURDER IN ORDER FOR THE DEATH PENALTY TO BE IMPOSED.

Referred to Committee on Judiciary.


Printed Page 291 . . . . . Wednesday, January 24, 1996

H. 4487 -- Reps. J. Young, Wofford, McElveen, Hutson, Kelley, Harrison, Bailey, Martin, Thomas, Kinon and J. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-7-815 SO AS TO PROVIDE THAT THE SUPREME COURT BY RULE, WITH THE ASSISTANCE OF THE OFFICE OF COURT ADMINISTRATION, SHALL DEVELOP A JUROR QUALIFICATION FORM WHICH SHALL BE MAILED OR DELIVERED BY THE CLERK OF COURT OR OTHER COURT OFFICIAL TO EACH PROSPECTIVE JUROR ALONG WITH HIS SUMMONS FOR JURY DUTY, TO REQUIRE THE PROSPECTIVE JUROR TO FILL OUT THE JUROR QUALIFICATION FORM AND STATE ANY KNOWN DISQUALIFICATIONS THEREON, AND TO PROVIDE THE PROCEDURES WHEREBY THE NAMES OF JURORS STATING A DISQUALIFICATION SHALL BE DELETED FROM THE LIST OF JURORS FOR A PARTICULAR TERM OF COURT; AND TO AMEND SECTION 14-7-810, RELATING TO DISQUALIFICATIONS FOR JURY SERVICE, SO AS TO REQUIRE A PERSON CALLED TO JURY SERVICE TO STATE ANY DISQUALIFICATIONS ON HIS JUROR QUALIFICATION FORM.

Referred to Committee on Judiciary.

H. 4488 -- Reps. Wofford, Hallman, Sharpe, H. Brown, Walker, Allison, Cain, Williams, Klauber, Young-Brickell, Delleney, Chamblee, Witherspoon, Quinn, Wells, Riser and T. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-105 SO AS TO PROHIBIT AN ABORTION UNLESS IT IS NECESSARY TO SAVE THE LIFE OF THE WOMAN OR IF THE WOMAN IS PREGNANT AS A RESULT OF RAPE OR INCEST.

Referred to Committee on Judiciary.

H. 4489 -- Reps. Knotts, Cotty, Wilkins, Haskins, Wright, Whatley, H. Brown, Koon, Riser, Martin, Fulmer, Neal, Quinn, Stuart, Lanford, R. Smith, Law, Elliott, Herdklotz, Thomas, Waldrop, Klauber, Wofford and S. Whipper: A BILL TO ENACT THE "SAFE DRIVER'S RESPONSIBILITY ACT" BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-738 SO AS TO PROVIDE THAT A LICENSED DRIVER SHALL RECEIVE ONE SAFE DRIVER CREDIT FOR EACH YEAR IN WHICH HE RECEIVES NO POINTS UNDER SECTION 56-1-720, PROVIDE FOR A MAXIMUM NUMBER OF SAFE DRIVER CREDITS, PROVIDE FOR A REDUCTION IN THE MOTOR VEHICLE INSURANCE


Printed Page 292 . . . . . Wednesday, January 24, 1996

RECOUPMENT FEE BASED ON SAFE DRIVER CREDITS, LIMIT THE IMPOSITION OF MERIT RATING PLAN POINTS OR SURCHARGE POINTS, AND PROVIDE A PROCEDURE FOR THE ATTACHMENT OF LIABILITY INSURANCE COVERAGE DIRECTLY TO AN INSURED'S DRIVER'S LICENSE, RATHER THAN HIS MOTOR VEHICLE, AND FOR THE PRESENTATION OF PROOF OF SUCH COVERAGE, THE SUSPENSION OF THE DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, AND RELATED MATTERS.

Referred to Committee on Labor, Commerce and Industry.

H. 4490 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-775 SO AS TO REQUIRE THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY TO DEVELOP AND FILE PHYSICAL DAMAGE LOSS COMPONENTS FOR AUTOMOBILE INSURANCE COVERAGES; TO AMEND SECTIONS 37-2-202 AND 37-3-202, BOTH AS AMENDED, RELATING TO ADDITIONAL CHARGES A CREDITOR AND CONSUMER LENDER, RESPECTIVELY, MAY CHARGE, SO AS TO REQUIRE THAT WHEN SINGLE INTEREST COLLISION COVERAGE IS WRITTEN IN CONNECTION WITH THE PURCHASE OF A MOTOR VEHICLE, NOTICE MUST BE GIVEN THAT THE COVERAGE IS FOR THE BENEFIT OF THE CREDITOR AND OF OTHER OPTIONS AVAILABLE TO THE BUYER; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE PURPOSES OF THE AUTOMOBILE INSURANCE CHAPTER, SO AS TO CLARIFY THAT THE PURPOSES APPLY TO THE BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY AUTOMOBILE INSURANCE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER AUTOMOBILE INSURANCE, SO AS TO ADD THE DEFINITION OF "FACILITY PHYSICAL DAMAGE RATE"; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE REQUIREMENT TO WRITE AUTOMOBILE INSURANCE, SO AS TO CLARIFY THAT THIS REQUIREMENT APPLIES TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY COVERAGES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN COVERAGE REQUIREMENTS, TO ALLOW RATHER THAN REQUIRE INSURERS TO MAKE AVAILABLE COLLISION COVERAGE AND COMPREHENSIVE OR


Printed Page 293 . . . . . Wednesday, January 24, 1996

FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE, TO AUTHORIZE CEDING PHYSICAL DAMAGE INSURANCE COVERAGE TO THE FACILITY, TO PROHIBIT DISCRIMINATION ON CERTAIN GROUNDS IN DETERMINING RATES OR WHETHER TO WRITE OR RENEW COVERAGE, AND TO PROVIDE PENALTIES AND TO AMEND SECTION 38-77-920, AS AMENDED, RELATING TO DUTIES AND RIGHTS OF INSURERS AND AGENTS, SO AS TO CLARIFY THAT AUTOMOBILE INSURANCE REFERS TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY.

Without reference.

H. 4491 -- Reps. Phillips and McCraw: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF JANUARY 10, 11, AND 12, 1996, MISSED BY STUDENTS OF CHEROKEE SCHOOL DISTRICT 1 IN CHEROKEE COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE 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.

On motion of Rep. PHILLIPS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

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.

Referred to Committee on Judiciary.

H. 4493 -- Rep. McTeer: A BILL TO AMEND SECTION 44-93-210, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO THE


Printed Page 294 . . . . . Wednesday, January 24, 1996

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.

Rep. McTEER asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. KNOTTS objected.

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

H. 4494 -- Rep. Simrill: A BILL TO AMEND SECTION 56-5-750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO STOP FOR A LAW ENFORCEMENT VEHICLE, SO AS TO REVISE THE PENALTIES AND PROVIDE FOR THE FORFEITURE OF A MOTOR VEHICLE UPON A CONVICTION OF WILFUL FAILURE TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE.

Referred to Committee on Judiciary.

S. 918 -- Senator Jackson: A BILL TO AMEND SECTION 53-1-160 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF SUNDAY WORK PROHIBITIONS BY COUNTIES, SO AS TO DELETE THE REQUIREMENT OF HOLDING A REFERENDUM IN A COUNTY WHICH QUALIFIES FOR THE EXEMPTION PROVIDED IN SECTION 53-1-150 AFTER MAY 8, 1985.

Referred to Committee on Judiciary.

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.

Referred to Chester Delegation.


Printed Page 295 . . . . . Wednesday, January 24, 1996

S. 1042 -- Senator Bryan: A BILL TO AMEND ACT SECTION 1(F) OF ACT 779 OF 1988, AS LAST AMENDED BY ACT 174 OF 1995, SO AS TO CHANGE THE DATE OF THE ELECTION TO ELECT A SCHOOL BOARD TRUSTEE IN ELECTION DISTRICTS 2, 4, AND 6 OF LAURENS COUNTY SCHOOL DISTRICT 55 FROM THE FIRST TUESDAY IN MARCH 1996, TO THE FIRST TUESDAY IN MARCH 1997.

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

ROLL CALL

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

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

Printed Page 296 . . . . . Wednesday, January 24, 1996

Sheheen              Shissias             Simrill
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 Wednesday, January 24. G. Ralph Davenport, Jr. Brenda Lee C. Alex Harvin III Larry L. Elliott

Total Present--120

STATEMENT RE ROLL CALL

I was present during roll call but my key console would not work.

Rep. BRENDA LEE

STATEMENT OF ATTENDANCE

Reps. G. BROWN and CHAMBLEE signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, January 23.

DOCTOR OF THE DAY

Announcement was made that Dr. Patricia Westmoreland of Greenville is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. WRIGHT presented to the House the 1996 Atlanta Olympics Mascot "IZZY" and his party, wishing him and the Atlanta Organizing Committee great success in the staging of the Centennial Olympic Games.


Printed Page 297 . . . . . Wednesday, January 24, 1996

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 3161 -- Rep. Littlejohn: A BILL TO AMEND ACT 388 OF 1969, AS AMENDED, RELATING TO THE CREATION OF THE GLENDALE AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL FROM THREE TO FIVE.

H. 4473 -- Reps. Littlejohn, Wells, Wilder, Walker, Davenport, Lanford, Allison, Lee, Vaughn and D. Smith: A BILL TO AMEND ACT 879 OF 1960, AS AMENDED, RELATING TO THE CREATION OF THE CROFT FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL FROM THREE TO FIVE AND DECREASE FROM SIX TO FOUR YEARS THE LENGTH OF THE TERM OF THE COMMISSIONERS.

H. 4474--OBJECTIONS

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


Printed Page 298 . . . . . Wednesday, January 24, 1996

DIVISION DEPUTY FOR CONSTRUCTION, ENGINEERING, AND PLANNING TO BE A PROFESSIONAL ENGINEER.

Reps. KELLEY, SHEHEEN, NEAL, QUINN, HARRISON, STILLE, TOWNSEND, SPEARMAN, ROGERS, COOPER, HODGES, CAVE, L. WHIPPER, COBB-HUNTER, MOODY-LAWRENCE, WILLIAMS, ANDERSON and BREELAND objected to the Bill.

H. 3772--DEBATE ADJOURNED

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.

Rep. MARCHBANKS moved to continue the Joint Resolution.

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

Yeas 51; Nays 61

Those who voted in the affirmative are:

Allison              Anderson             Boan
Brown, H.            Cain                 Carnell
Cato                 Cooper               Davenport
Delleney             Easterday            Felder
Harris, J.           Harris, P.           Haskins
Herdklotz            Hines, M.            Hodges
Hutson               Kirsh                Klauber
Koon                 Limbaugh             Littlejohn
Marchbanks           McElveen             McKay
McMahand             McTeer               Meacham
Moody-Lawrence       Neal                 Neilson
Rice                 Robinson             Sandifer
Sharpe               Simrill              Stille
Townsend             Tripp                Trotter

Printed Page 299 . . . . . Wednesday, January 24, 1996

Vaughn               Waldrop              Walker
Wells                Whipper, L.          Wilder
Wilkins              Witherspoon          Young

Total--51

Those who voted in the negative are:

Askins               Bailey               Breeland
Brown, G.            Brown, J.            Byrd
Cave                 Chamblee             Clyburn
Cobb-Hunter          Cotty                Cromer
Dantzler             Fleming              Fulmer
Gamble               Govan                Hallman
Harrell              Harrison             Hines, J.
Howard               Inabinett            Jennings
Keegan               Kelley               Kennedy
Keyserling           Kinon                Knotts
Lanford              Law                  Lee
Limehouse            Lloyd                Mason
McAbee               McCraw               Quinn
Rhoad                Richardson           Riser
Rogers               Scott                Seithel
Sheheen              Shissias             Smith, R.
Spearman             Stoddard             Stuart
Thomas               Whatley              Whipper, S.
White                Wilkes               Williams
Wofford              Worley               Wright
Young-Brickell       

Total--61

So, the House refused to continue the Joint Resolution.

Rep. HASKINS moved to adjourn debate upon the Joint Resolution until Saturday, June 1.

Rep. SCOTT moved to table the motion.

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

Yeas 66; Nays 45


| Printed Page 280, Jan. 23 | Printed Page 300, Jan. 24 |

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