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 670, Feb. 7 | Printed Page 690, Feb. 8 |

Printed Page 680 . . . . . Thursday, February 8, 1996

H. 4583 -- Reps. Cooper, D. Smith, Tripp, Townsend, Baxley, Wofford, Rice, Quinn, Robinson, Hallman, Thomas, Klauber, Kelley, Vaughn, Allison, Chamblee, Trotter, Young-Brickell, Haskins, Cato, Easterday, Marchbanks and J. Young: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 28 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH EACH LOCAL SCHOOL DISTRICT SHALL ADOPT, ACQUIRE, AND PROVIDE SCHOOL TEXTBOOKS AND OTHER INSTRUCTIONAL MATERIALS FOR THE SCHOOLS OF THE DISTRICT BEGINNING WITH THE SCHOOL YEAR 1997-98; TO AMEND SECTION 59-5-60, RELATING TO THE GENERAL POWERS OF THE STATE BOARD OF EDUCATION, SO AS TO REVISE ITS POWERS WITH REGARD TO THE PRESCRIPTION OF SCHOOL TEXTBOOKS FOR USE IN
Printed Page 681 . . . . . Thursday, February 8, 1996

THE PUBLIC SCHOOLS; AND TO REPEAL CHAPTER 31 OF TITLE 59 RELATING TO THE STATE SCHOOL TEXTBOOK SYSTEM.

Referred to Committee on Education and Public Works.

H. 4584 -- Reps. Cooper, H. Brown, Fulmer, Knotts, Young-Brickell, Wofford, Hallman, Quinn, Cato, P. Harris, Harrell and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO MAKE IT UNLAWFUL TO DISTURB OR INTERFERE OR REMOVE MONUMENTS OR MEMORIALS FOR WAR VETERANS AND PROVIDE A PENALTY.

Referred to Committee on Education and Public Works.

H. 4585 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-275 SO AS TO PROVIDE THAT NO INSURANCE POLICY WHICH PROVIDES COVERAGE FOR DRUGS SHALL EXCLUDE COVERAGE OF CERTAIN DRUGS USED FOR THE TREATMENT OF CANCER ON THE GROUNDS THAT THE DRUG HAS NOT BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE SPECIFIC TYPE OF CANCER FOR WHICH THE DRUG HAS BEEN PRESCRIBED, AND TO PROVIDE FOR RELATED MATTERS.

Referred to Committee on Labor, Commerce and Industry.

ROLL CALL

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

Allison              Anderson             Bailey
Baxley               Boan                 Breeland
Brown, G.            Brown, H.            Brown, J.
Brown, T.            Carnell              Cato
Cave                 Chamblee             Clyburn
Cooper               Cromer               Dantzler
Delleney             Easterday            Fleming
Gamble               Hallman              Harris, J.
Harris, P.           Harrison             Haskins
Herdklotz            Hines, J.            Hines, M.
Hodges               Howard               Hutson
Jaskwhich            Keegan               Kelley
Kennedy              Kinon                Kirsh

Printed Page 682 . . . . . Thursday, February 8, 1996

Klauber              Knotts               Koon
Lee                  Limbaugh             Littlejohn
Loftis               Marchbanks           Martin
Mason                McAbee               McCraw
McElveen             McKay                McMahand
McTeer               Meacham              Phillips
Richardson           Sandifer             Seithel
Sheheen              Shissias             Simrill
Smith, D.            Smith, R.            Spearman
Stoddard             Stuart               Thomas
Townsend             Trotter              Tucker
Vaughn               Waldrop              Wells
Whipper, L.          Whipper, S.          White
Wilder               Wilkins              Williams
Witherspoon          Wofford              Worley
Young                Young-Brickell       

STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Thursday, February 8. Robert E. Walker G. Ralph Davenport, Jr. Timothy F. Rogers Ronald C. Fulmer Michael S. Whatley William F. Cotty William D. Keyserling Steve P. Lanford Alfred B. Robinson, Jr. John L. Scott, Jr. Walter P. Lloyd H.B. Limehouse III Thomas N. Rhoad Daniel L. Tripp Bradley D. Cain David A. Wright Bessie Moody-Lawrence Joseph H. Neal John G. Felder John W. Riser Charles R. Sharpe Jerry N. Govan, Jr. Timothy C. Wilkes Denny W. Neilson Alma W. Byrd Harry R. Askins Harry C. Stille Gilda Cobb-Hunter James N. Law Robert W. Harrell, Jr. Ralph W. Canty Rex Fontaine Rice C. Alex Harvin III

Total Present--119


Printed Page 683 . . . . . Thursday, February 8, 1996

STATEMENT RE ROLL CALL

I was present during the proceedings today. As Chairman of the Ways and Means Criminal Justice Sub-Committee, I had responsibility out of the Chamber. Therefore, I will refuse subsistence.

Rep. RICHARD M. QUINN, JR.

LEAVES OF ABSENCE

The SPEAKER granted Rep. WRIGHT a temporary leave of absence.

The SPEAKER granted Rep. INABINETT a leave of absence for the day, due to destruction of his home by fire.

STATEMENTS OF ATTENDANCE

Reps. HARVIN, TRIPP, WILLIAMS and WRIGHT 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, February 6.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, 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.

S. 1088 -- Senators Washington and Mescher: A BILL TO ESTABLISH THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF COLLETON COUNTY AND PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, THE CHAIRMAN'S TERM OF OFFICE, AND RELATED MATTERS; TO ABOLISH THE COLLETON COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF COLLETON COUNTY; TO ABOLISH THE COLLETON COUNTY ELECTION COMMISSION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF COLLETON COUNTY; AND TO PROVIDE FOR THE EXPIRATION OF THE CURRENT TERMS OF OFFICE FOR CERTAIN PERSONS.


Printed Page 684 . . . . . Thursday, February 8, 1996

H. 4433--REJECTED

The following Bill was taken up.

H. 4433 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-385 SO AS TO ALLOW THE DEPARTMENT OF PUBLIC SAFETY TO AUTHORIZE THE ISSUANCE OF A DRIVER'S LICENSE TO A PERSON WHOSE LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE HAS BEEN SUSPENDED OR REVOKED FOR A PERIOD LONGER THAN FIVE YEARS WHEN THE PERSON HAS HAD NO VIOLATIONS AFFECTING HIS LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE FOR A PERIOD OF FIVE YEARS IMMEDIATELY BEFORE THE FILING OF HIS APPLICATION.

Rep. SIMRILL spoke against the Bill.

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

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

Yeas 22; Nays 66

Those who voted in the affirmative are:

Breeland             Brown, J.            Brown, T.
Cave                 Harris, P.           Harrison
Hines, J.            Hines, M.            Howard
Jennings             Kinon                Lee
Martin               McTeer               Neal
Thomas               Tucker               Whipper, L.
Whipper, S.          Williams             Witherspoon
Wofford

Total--22

Those who voted in the negative are:

Allison              Bailey               Baxley
Boan                 Brown, G.            Brown, H.
Cato                 Chamblee             Clyburn
Cooper               Cotty                Cromer
Dantzler             Davenport            Delleney
Easterday            Fleming              Gamble

Printed Page 685 . . . . . Thursday, February 8, 1996

Hallman              Harrell              Harris, J.
Haskins              Herdklotz            Hodges
Hutson               Jaskwhich            Keegan
Kelley               Kirsh                Klauber
Knotts               Koon                 Lanford
Law                  Limbaugh             Loftis
Marchbanks           Mason                McAbee
McCraw               McElveen             Meacham
Phillips             Rice                 Richardson
Sandifer             Seithel              Sheheen
Shissias             Simrill              Smith, D.
Smith, R.            Spearman             Stille
Stoddard             Stuart               Trotter
Vaughn               Waldrop              Walker
Wells                Whatley              Wilder
Worley               Young                Young-Brickell

Total--66

So, the Bill was rejected.

RECORD FOR VOTING

I inadvertently voted no on H. 4433 but intended to vote yea.

Rep. WILLIAM CLYBURN

H. 4402--DEBATE ADJOURNED

Rep. MARCHBANKS moved to adjourn debate upon the following Joint Resolution until Thursday, February 15, which was adopted.

H. 4402 -- Rep. Cobb-Hunter: A JOINT RESOLUTION AUTHORIZING THE COMMISSION FOR MINORITY AFFAIRS TO RECEIVE FUNDS FROM PUBLIC AND PRIVATE SOURCES FOR RESEARCH, FORUMS, TRAINING, AND INSTITUTES AND TO ALLOW THESE FUNDS TO BE RETAINED BY THE COMMISSION AND CARRIED FORWARD INTO FISCAL YEAR 1996-97 AND EXPENDED FOR THE SAME PURPOSES.


Printed Page 686 . . . . . Thursday, February 8, 1996

SENT TO THE SENATE

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

H. 4478 -- Reps. Boan, Baxley, Fleming, Askins, Kennedy, J. Hines, Martin, Cooper, Law, Robinson, Limbaugh, Rhoad, Cato, Witherspoon, Jennings, Wilkins and T. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-785, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO ALTER THE RETURN AND PAYMENT SCHEDULE FOR THE TOBACCO PRODUCTS TAX; TO AMEND SECTION 12-21-620, RELATING TO THE SPECIFIC TAX RATES ON VARIOUS TOBACCO PRODUCTS, SO AS TO DELETE THE SEPARATE DEFINITION OF TOBACCO PRODUCTS AND IMPOSE A TAX EQUAL TO FIVE PERCENT OF THE MANUFACTURER'S PRICE ON ALL TOBACCO PRODUCTS EXCEPT CIGARETTES; TO AMEND SECTION 12-21-735, RELATING TO THE PAYMENT METHOD OF THE CIGARETTE TAX, SO AS TO AUTHORIZE A THREE AND ONE-HALF PERCENT DISCOUNT ON THE TAX FOR TIMELY FILED RETURNS AND PAYMENTS; TO AMEND SECTION 12-21-780, AS AMENDED, RELATING TO RETURNS AND PAYMENTS OF THE TOBACCO PRODUCTS TAX, SO AS TO INCREASE THE DISCOUNT FOR TIMELY FILED RETURNS AND PAYMENTS FOR THE TOBACCO PRODUCTS TAX FROM TWO TO THREE AND ONE-HALF PERCENT; AND TO AMEND SECTION 12-21-800, RELATING TO THE DEFINITION OF TOBACCO PRODUCTS, SO AS TO CONFORM IT TO THE PROVISIONS OF THIS ACT.

H. 4493--POINT OF ORDER

The following Bill was taken up.

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


Printed Page 687 . . . . . Thursday, February 8, 1996

GENERATOR FACILITIES' EXEMPTION FROM CERTAIN PROVISIONS OF THE INFECTIOUS WASTE MANAGEMENT ACT.

Rep. McTEER explained the Bill.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 3536--POINT OF ORDER

The following Bill was taken up.

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 CARRIER FOR PURPOSES OF TITLE 42, WORKERS' COMPENSATION.

POINT OF ORDER

Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 4267--ORDERED TO THIRD READING

The following Bill was taken up.

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,


Printed Page 688 . . . . . Thursday, February 8, 1996

WORKERS' COMPENSATION, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS.

Rep. YOUNG-BRICKELL explained the Bill.

SPEAKER PRO TEMPORE IN CHAIR

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

Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:

Yeas 105; Nays 0

Those who voted in the affirmative are:

Allison              Askins               Bailey
Baxley               Boan                 Breeland
Brown, G.            Brown, H.            Brown, J.
Brown, T.            Byrd                 Cain
Cato                 Cave                 Chamblee
Clyburn              Cotty                Cromer
Dantzler             Davenport            Delleney
Easterday            Fleming              Fulmer
Gamble               Govan                Hallman
Harrell              Harris, J.           Harris, P.
Haskins              Herdklotz            Hines, J.
Hines, M.            Hodges               Hutson
Jaskwhich            Jennings             Keegan
Kelley               Kennedy              Keyserling
Kinon                Kirsh                Knotts
Koon                 Lanford              Law
Lee                  Limbaugh             Limehouse
Littlejohn           Lloyd                Loftis
Marchbanks           Martin               Mason
McAbee               McCraw               McElveen
McKay                McMahand             McTeer
Meacham              Moody-Lawrence       Neal
Phillips             Rhoad                Rice
Richardson           Riser                Robinson
Sandifer             Scott                Seithel
Sheheen              Shissias             Simrill
Smith, D.            Smith, R.            Spearman
Stille               Stoddard             Stuart

Printed Page 689 . . . . . Thursday, February 8, 1996

Thomas               Townsend             Tripp
Trotter              Tucker               Vaughn
Waldrop              Walker               Wells
Whipper, L.          Whipper, S.          White
Wilder               Wilkins              Williams
Witherspoon          Wofford              Worley
Wright               Young                Young-Brickell

Total--105

Those who voted in the negative are:


Total--0

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

H. 4267--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. YOUNG-BRICKELL, with unanimous consent, it was ordered that H. 4267 be read the third time tomorrow.

H. 4369--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5171HTC.96), which was adopted.

Amend the bill, as and if amended, by striking Section 41-39-40(D), as contained in Section 1, page 2, and inserting:

/(D) Amounts must be deducted and withheld under this section only after amounts are deducted and withheld for any overpayments of unemployment compensation, child support obligations, or any other amount required to be deducted and withheld under this title./

Reletter subsections to conform.

Amend title to conform.


| Printed Page 670, Feb. 7 | Printed Page 690, Feb. 8 |

Page Finder Index