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 4900, June 12 | Printed Page 4920, June 12 |

Printed Page 4910 . . . . . Wednesday, June 12, 1996

Rep. McKAY proposed the following Amendment No. 2A (Doc Name P:\amend\JIC\6115HTC.96), which was adopted.

Amend the bill, as and if amended, page 9, by striking SECTION 15 and inserting:

/SECTION 15. Section 12-28-710 of the 1976 Code, as added by Act 136 of 1995, is amended by adding an appropriately numbered item at the end to read:

"( ) gasoline used in aircraft."/

Renumber items to conform.

Amend title to conform.

Rep. McKAY explained the amendment.

The amendment was then adopted.


Printed Page 4911 . . . . . Wednesday, June 12, 1996

AMENDMENT NO. 1A--TABLED

Debate was resumed on Amendment No. 1A, which was proposed on Thursday, May 30, by Rep. KIRSH.

Rep. KIRSH moved to table the amendment, which was agreed to.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

H. 4755--SENATE AMENDMENTS AMENDED

AND RETURNED TO THE SENATE

The Senate amendments to the following Bill were taken up for consideration.

H. 4755 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISK, SO AS TO, AMONG OTHER THINGS, AUTHORIZE THE MAKING OF ASSIGNED RISK AGREEMENTS AMONG INSURERS, DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT A RESIDUAL MARKET AGREEMENT AND ANY MECHANISM DESIGNED TO IMPLEMENT SUCH AGREEMENT MUST BE SUBMITTED IN WRITING TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE FOR APPROVAL PRIOR TO USE, PROVIDE THAT THE DIRECTOR OR HIS DESIGNEE MAY ALLOW INSURERS TO SUBMIT WRITTEN REQUESTS TO BE DESIGNATED AS A STATE SERVICING CARRIER FOR THE ASSIGNED RISK POOL FOR WORKERS' COMPENSATION INSURANCE, AND PROVIDE FOR RELATED MATTERS.

Rep. CATO proposed the following Amendment No. 1A (Doc Name P:\amend\BBM\10917JM.96), which was adopted.

Amend the bill, as and if amended, page 2, by striking lines 23-35 and inserting:

/(3) The servicing carriers for the workers' compensation assigned risk pool may be competitively bid as provided for in this subsection. If the workers' compensation assigned risk pool is competitively bid, then the director or his designee must appoint a committee or committees of individuals as he considers qualified to establish standards and procedures for the consideration and evaluation of bids. Insurers, or other vendors in conjunction with a licensed workers' compensation insurer, may submit


Printed Page 4912 . . . . . Wednesday, June 12, 1996

bids. The committee or committees must evaluate and award contracts pursuant to the bidding process established by the committee or committees, subject to the final approval of the director or his designee. The director may require a bid fee to cover the expenses of implementing this section./

Amend title to conform.

Rep. CATO explained the amendment.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

H. 4443--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 4443 -- Reps. Wright, Richardson, Cooper, Townsend, Allison, Littlejohn, Kelley and Jaskwhich: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 40 SO AS TO ENACT THE SOUTH CAROLINA CHARTER SCHOOL ACT WHICH PROVIDES FOR THE MANNER IN WHICH A CHARTER SCHOOL SHALL BE FORMED, FUNDED, REGULATED, AND GOVERNED, AND TO ESTABLISH A CHARTER SCHOOLS REVIEW COMMITTEE TO REVIEW THE IMPLEMENTATION AND EFFECTIVENESS OF THIS ACT.

Rep. WRIGHT explained the Senate amendments.

Rep. MOODY-LAWRENCE moved to table the Bill.

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

Yeas 24; Nays 74

Those who voted in the affirmative are:

Anderson             Brown, G.            Brown, J.
Brown, T.            Canty                Clyburn
Cobb-Hunter          Cotty                Harvin
Hines, J.            Hines, M.            Howard

Printed Page 4913 . . . . . Wednesday, June 12, 1996

Inabinett            Jennings             Kennedy
Lloyd                Moody-Lawrence       Neal
Scott                Stoddard             Walker
White                Wilkes               Williams

Total--24

Those who voted in the negative are:

Askins               Baxley               Beck
Boan                 Brown, H.            Cain
Carnell              Cato                 Chamblee
Cromer               Dantzler             Davenport
Delleney             Easterday            Fulmer
Gamble               Hallman              Harrell
Harris, J.           Harris, P.           Haskins
Herdklotz            Hodges               Hutson
Jaskwhich            Keegan               Kelley
Keyserling           Kinon                Kirsh
Knotts               Koon                 Lanford
Law                  Limbaugh             Limehouse
Littlejohn           Loftis               Marchbanks
Mason                McCraw               McKay
Meacham              Neilson              Rice
Richardson           Riser                Robinson
Sandifer             Seithel              Sharpe
Sheheen              Shissias             Smith, D.
Smith, R.            Spearman             Stille
Stuart               Townsend             Tripp
Trotter              Vaughn               Waldrop
Wells                Whatley              Whipper, L.
Whipper, S.          Wilder               Wilkins
Witherspoon          Wofford              Wright
Young                Young-Brickell       

Total--74

So, the House refused to table the Bill.

Rep. MOODY-LAWRENCE spoke against the Senate amendments.

Rep. RICHARDSON moved immediate cloture on the entire matter.


Printed Page 4914 . . . . . Wednesday, June 12, 1996

The yeas and nays were taken resulting as follows:

Yeas 64; Nays 39

Those who voted in the affirmative are:

Allison              Askins               Bailey
Baxley               Beck                 Brown, H.
Cain                 Cato                 Cooper
Cromer               Dantzler             Delleney
Easterday            Felder               Fleming
Fulmer               Gamble               Hallman
Harrell              Harris, P.           Herdklotz
Hutson               Jaskwhich            Keegan
Kelley               Keyserling           Knotts
Koon                 Lanford              Law
Limbaugh             Limehouse            Littlejohn
Loftis               Marchbanks           Mason
McCraw               McKay                Meacham
Rhoad                Rice                 Richardson
Riser                Sandifer             Seithel
Sharpe               Simrill              Smith, D.
Smith, R.            Spearman             Stille
Stuart               Townsend             Tripp
Trotter              Waldrop              Walker
Wells                Whatley              Wilkins
Witherspoon          Wofford              Wright
Young-Brickell

Total--64

Those who voted in the negative are:

Anderson             Boan                 Breeland
Brown, G.            Brown, J.            Brown, T.
Canty                Carnell              Cave
Clyburn              Cobb-Hunter          Cotty
Harvin               Hines, J.            Hines, M.
Hodges               Howard               Inabinett
Jennings             Kennedy              Kinon
Kirsh                Lee                  Lloyd
McAbee               McElveen             Moody-Lawrence
Neal                 Neilson              Scott
Sheheen              Shissias             Stoddard

Printed Page 4915 . . . . . Wednesday, June 12, 1996

Whipper, L.          Whipper, S.          White
Wilder               Wilkes               Williams

Total--39

So, having received the necessary vote, immediate cloture was ordered.

Rep. SCOTT proposed the following Amendment No. 1A, which was tabled.

All teachers of chartered schools must be state certified.

Rep. SCOTT explained the amendment.

Rep. WRIGHT moved to table the amendment.

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

Yeas 73; Nays 26

Those who voted in the affirmative are:

Allison              Askins               Bailey
Baxley               Beck                 Boan
Brown, H.            Cain                 Cato
Chamblee             Cotty                Cromer
Dantzler             Davenport            Delleney
Easterday            Fleming              Fulmer
Gamble               Hallman              Harris, J.
Harris, P.           Herdklotz            Hodges
Hutson               Jaskwhich            Keegan
Kelley               Keyserling           Kinon
Kirsh                Knotts               Koon
Lanford              Law                  Limbaugh
Limehouse            Littlejohn           Loftis
Marchbanks           Mason                McKay
Meacham              Neilson              Rhoad
Rice                 Richardson           Riser
Robinson             Sandifer             Seithel
Sharpe               Sheheen              Shissias
Simrill              Smith, D.            Smith, R.
Spearman             Stoddard             Stuart
Townsend             Tripp                Trotter
Tucker               Waldrop              Wells

Printed Page 4916 . . . . . Wednesday, June 12, 1996

Whatley              Wilder               Wilkins
Wofford              Wright               Young
Young-Brickell

Total--73

Those who voted in the negative are:

Anderson             Breeland             Brown, G.
Brown, J.            Brown, T.            Byrd
Carnell              Cave                 Clyburn
Cobb-Hunter          Harvin               Hines, J.
Hines, M.            Howard               Jennings
Kennedy              Lee                  Lloyd
Martin               McCraw               McElveen
Moody-Lawrence       Scott                Stille
White                Wilkes               

Total--26

So, the amendment was tabled.

Rep. MOODY-LAWRENCE spoke against the Senate amendments.

Rep. WRIGHT spoke in favor of the Senate amendments.

The question then recurred to concur or non-concur in the Senate amendments.

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

Yeas 84; Nays 24

Those who voted in the affirmative are:

Allison              Askins               Bailey
Baxley               Beck                 Boan
Brown, H.            Cain                 Carnell
Cato                 Chamblee             Cooper
Cromer               Dantzler             Davenport
Delleney             Easterday            Felder
Fulmer               Gamble               Hallman
Harrell              Harris, J.           Harris, P.
Haskins              Herdklotz            Hodges
Hutson               Keegan               Kelley
Keyserling           Kinon                Kirsh

Printed Page 4917 . . . . . Wednesday, June 12, 1996

Knotts               Koon                 Lanford
Law                  Limbaugh             Limehouse
Littlejohn           Loftis               Marchbanks
Mason                McAbee               McCraw
McElveen             McKay                Meacham
Neilson              Phillips             Rice
Richardson           Riser                Robinson
Rogers               Sandifer             Seithel
Sharpe               Sheheen              Shissias
Simrill              Smith, D.            Smith, R.
Spearman             Stille               Stoddard
Stuart               Townsend             Tripp
Trotter              Tucker               Vaughn
Waldrop              Wells                Whatley
Whipper, L.          Whipper, S.          Wilder
Wilkins              Witherspoon          Wofford
Wright               Young                Young-Brickell

Total--84

Those who voted in the negative are:

Anderson             Breeland             Brown, G.
Brown, J.            Brown, T.            Byrd
Canty                Cave                 Clyburn
Cobb-Hunter          Cotty                Harvin
Hines, J.            Hines, M.            Howard
Jennings             Kennedy              Lee
Lloyd                Moody-Lawrence       Neal
Scott                Walker               Wilkes

Total--24

So, the Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

RECURRENCE TO THE MORNING HOUR

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


Printed Page 4918 . . . . . Wednesday, June 12, 1996

MOTION NOTED

Rep. FELDER moved to reconsider the vote whereby the House concurred in the Senate amendments to S. 1216 and the motion was noted.

LEAVE OF ABSENCE

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

H. 3446--FREE CONFERENCE POWERS GRANTED

Rep. MEACHAM moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.

The yeas and nays were taken resulting as follows:

Yeas 95; Nays 14

Those who voted in the affirmative are:

Allison              Anderson             Askins
Bailey               Baxley               Beck
Boan                 Brown, G.            Brown, H.
Brown, J.            Canty                Carnell
Cato                 Cave                 Chamblee
Clyburn              Cobb-Hunter          Cotty
Cromer               Davenport            Delleney
Easterday            Gamble               Hallman
Harrell              Harris, J.           Harris, P.

Printed Page 4919 . . . . . Wednesday, June 12, 1996

Harvin               Haskins              Herdklotz
Hines, J.            Hines, M.            Hodges
Howard               Hutson               Inabinett
Jaskwhich            Jennings             Keegan
Kelley               Keyserling           Kinon
Kirsh                Knotts               Lanford
Law                  Lee                  Limbaugh
Limehouse            Lloyd                Marchbanks
Mason                McAbee               McCraw
McElveen             McKay                Meacham
Moody-Lawrence       Neal                 Neilson
Phillips             Rice                 Richardson
Riser                Robinson             Rogers
Sandifer             Scott                Seithel
Sheheen              Shissias             Simrill
Smith, D.            Smith, R.            Spearman
Stille               Stuart               Townsend
Tripp                Trotter              Tucker
Vaughn               Wells                Whatley
Whipper, L.          Whipper, S.          White
Wilder               Wilkes               Wilkins
Williams             Wofford              Wright
Young                Young-Brickell

Total--95

Those who voted in the negative are:

Brown, T.            Cain                 Dantzler
Felder               Fleming              Kennedy
Koon                 Littlejohn           Martin
Rhoad                Sharpe               Waldrop
Walker               Witherspoon          

Total--14

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. MEACHAM, TROTTER and RISER to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.


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