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 1640, Mar. 26 | Printed Page 1660, Mar. 26 |

Printed Page 1650 . . . . . Tuesday, March 26, 1996

S. 21 -- Senator Mescher: A BILL TO AMEND CHAPTER 29, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR REGISTRATION OF TATTOO ARTISTS AND TATTOO PARLORS BY PROVIDING FOR DEFINITIONS, REGISTRATION AND RENEWAL REQUIREMENTS AND FEES, MINIMAL STANDARDS, TATTOOING AND STERILIZING PROCEDURES, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INSPECTIONS, REGISTRATION DENIAL, REVOCATION, OR SUSPENSION, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-17-700, RELATING TO TATTOOING, SO AS TO CHANGE THE CRIMINAL OFFENSE PROHIBITING ALL TATTOOING TO ALLOW TATTOOING OF THOSE EIGHTEEN YEARS OF AGE OR OVER.

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

S. 68 -- Senators McConnell, Rose and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-340 SO AS TO PROVIDE IMMUNITY FROM LIABILITY FOR A TECHNICAL EXPERT PROVIDING ADVICE AND ASSISTANCE TO A COUNTY OR OTHER POLITICAL SUBDIVISION DURING THE COURSE OF A HAZARDOUS MATERIALS EMERGENCY AND TO PROVIDE EXCEPTIONS.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 1140 -- Senators Moore, Ryberg, Setzler, Lander, Jackson, Matthews and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-16-105 SO AS TO AUTHORIZE A MEMBER OF A JOINT AGENCY TO CONTRACT WITH THE JOINT AGENCY FOR COLLECTION, TRANSFER, AND/OR DISPOSAL OF SOLID WASTE AND TO FURTHER PROVIDE FOR THE TERMS AND CONDITIONS OF THIS CONTRACT; AND TO AMEND SECTION 6-16-120, RELATING TO GOVERNING BODIES APPROVING JOINT AGENCY PROJECTS FINANCED BY BONDS, SO AS TO REVISE WHICH GOVERNING BODIES MUST APPROVE THE PROJECT.

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


Printed Page 1651 . . . . . Tuesday, March 26, 1996

S. 1273 -- Senators Rose, McConnell and Mescher: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.

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

S. 1274 -- Senators Hayes, Gregory, Peeler and Short: A BILL TO ESTABLISH A UNIFORM FILING PERIOD FOR CANDIDATES FOR TRUSTEES TO THE SCHOOL BOARDS IN YORK COUNTY SCHOOL DISTRICTS 1, 2, 3, AND 4.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4816 -- Reps. Cave and Rhoad: A CONCURRENT RESOLUTION COMMENDING MR. RICHARD LINTON HUGGINS, SR., OF BARNWELL COUNTY FOR HIS MANY YEARS OF SERVICE TO THE FIELD OF PUBLIC EDUCATION ON THE OCCASION OF HIS RETIREMENT AS SUPERINTENDENT OF BARNWELL COUNTY SCHOOL DISTRICT NUMBER 19 AND TO WISH HIM AND HIS FAMILY WELL IN ALL THEIR FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4817 -- Reps. Stuart, Knotts, Wright, Spearman, Riser and Gamble: A CONCURRENT RESOLUTION CONGRATULATING SWANSEA HIGH SCHOOL OF LEXINGTON COUNTY ON THE SCHOOL'S VOCATIONAL EDUCATION PROGRAM BEING NAMED THE BEST IN THE SOUTHEAST BY THE UNITED STATES DEPARTMENT OF EDUCATION.

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


Printed Page 1652 . . . . . Tuesday, March 26, 1996

ROLL CALL

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

Allison              Anderson             Bailey
Baxley               Breeland             Brown, G.
Brown, H.            Brown, J.            Brown, T.
Byrd                 Cain                 Canty
Carnell              Cato                 Cave
Chamblee             Clyburn              Cobb-Hunter
Cooper               Cotty                Cromer
Dantzler             Delleney             Easterday
Elliott              Felder               Fleming
Fulmer               Gamble               Govan
Hallman              Harrell              Harris, J.
Harris, P.           Harrison             Haskins
Herdklotz            Hines, J.            Hines, M.
Hodges               Howard               Hutson
Inabinett            Keegan               Kelley
Kennedy              Keyserling           Kinon
Kirsh                Klauber              Knotts
Koon                 Lanford              Law
Lee                  Limbaugh             Limehouse
Littlejohn           Lloyd                Loftis
Marchbanks           Mason                McAbee
McCraw               McElveen             McKay
McMahand             McTeer               Meacham
Moody-Lawrence       Neal                 Neilson
Phillips             Rhoad                Rice
Richardson           Riser                Robinson
Rogers               Sandifer             Scott
Seithel              Sharpe               Sheheen
Simrill              Smith, D.            Smith, R.
Spearman             Stille               Stoddard
Stuart               Townsend             Tripp
Trotter              Tucker               Vaughn
Waldrop              Walker               Wells
Whatley              Whipper, L.          Wilder
Wilkes               Wilkins              Williams
Witherspoon          Wofford              Worley
Wright               Young-Brickell       

Printed Page 1653 . . . . . Tuesday, March 26, 1996


STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, March 26. Michael F. Jaskwhich Jackson S. Whipper Paula H. Thomas Juanita M. White Douglas Jennings, Jr. June S. Shissias William D. Boan C. Alex Harvin III G. Ralph Davenport, Jr. L. Morgan Martin

Total Present--120

LEAVES OF ABSENCE

The SPEAKER granted Rep. J. YOUNG a leave of absence for the week due to Air Force reserve duty.

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

DOCTOR OF THE DAY

Announcement was made that Dr. March Seabrook of West Columbia is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. KOON on behalf of the Lexington Delegation, presented to the House the Lexington High School Wildcats Boys Basketball Team, winners of the 1996 Class AAAA Championship, their coaches and other school officials.

H. 4761--INTERRUPTED DEBATE

The following Bill was taken up.

H. 4761 -- Reps. Gamble, Koon, Knotts, Riser, Spearman and Wright: A BILL TO PROHIBIT, UNDER CERTAIN CONDITIONS, A SERVICE CHARGE, TAX, OR BUSINESS LICENSE FEE IMPOSED IN ANY AREA OF LEXINGTON COUNTY THAT HAS BEEN ANNEXED BY A MUNICIPALITY AND TO PROVIDE EXCEPTIONS.

Rep. J. BROWN moved to commit the Bill to the Committee on Medical, Military, Public and Municipal Affairs.

Rep. GAMBLE moved to table the motion to commit and demanded the yeas and nays, which were taken resulting as follows:

Yeas 36; Nays 28
Printed Page 1654 . . . . . Tuesday, March 26, 1996

Those who voted in the affirmative are:
Allison             Cotty               Fulmer
Gamble              Hallman             Haskins
Jaskwhich           Keegan              Kelley
Klauber             Knotts              Koon
Limehouse           Littlejohn          Mason
McCraw              Meacham             Phillips
Riser               Robinson            Sandifer
Seithel             Sharpe              Simrill
Smith, R.           Spearman            Stoddard
Stuart              Tripp               Walker
Wells               Whatley             Wilkins
Witherspoon         Wofford             Wright

Total--36

Those who voted in the negative are:

Brown, H.            Brown, J.            Brown, T.
Byrd                 Canty                Carnell
Clyburn              Cobb-Hunter          Cromer
Harrison             Hines, J.            Hines, M.
Howard               Inabinett            Kennedy
Keyserling           Kinon                Lee
Lloyd                McElveen             Neal
Rogers               Scott                Stille
Tucker               Whipper, S.          Wilder
Williams             

Total--28

So, the motion to commit was tabled.

Rep. WRIGHT moved immediate cloture on the entire matter.

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

Yeas 38; Nays 35

Those who voted in the affirmative are:

Allison              Bailey               Cain
Dantzler             Gamble               Hallman

Printed Page 1655 . . . . . Tuesday, March 26, 1996

Haskins              Hodges               Keegan
Kelley               Knotts               Koon
Lanford              Law                  Limehouse
Littlejohn           Mason                McKay
Meacham              Phillips             Rice
Richardson           Riser                Robinson
Sandifer             Seithel              Simrill
Smith, D.            Smith, R.            Spearman
Stoddard             Stuart               Trotter
Walker               Whatley              Witherspoon
Wright               Young-Brickell

Total--38

Those who voted in the negative are:

Anderson             Breeland             Brown, G.
Brown, J.            Brown, T.            Byrd
Cave                 Clyburn              Cobb-Hunter
Cotty                Cromer               Delleney
Elliott              Govan                Harrison
Hines, M.            Howard               Inabinett
Jaskwhich            Kennedy              Keyserling
Kinon                Lee                  Lloyd
McElveen             McTeer               Neal
Neilson              Rhoad                Rogers
Scott                Sheheen              Stille
Tucker               Williams

Total--35

So, immediate cloture was ordered.

Rep. ROGERS moved to continue the Bill and demanded the yeas and nays, which were taken resulting as follows:

Yeas 19; Nays 38

Those who voted in the affirmative are:

Anderson             Brown, J.            Brown, T.
Byrd                 Canty                Carnell
Cave                 Cobb-Hunter          Cotty
Cromer               Harrison             Inabinett

Printed Page 1656 . . . . . Tuesday, March 26, 1996

Lee                  Lloyd                McTeer
Neal                 Rogers               Scott
Williams

Total--19

Those who voted in the negative are:

Allison              Fulmer               Gamble
Hallman              Haskins              Herdklotz
Jaskwhich            Keegan               Kelley
Kinon                Klauber              Knotts
Koon                 Lanford              Limehouse
Littlejohn           Loftis               Marchbanks
Mason                McKay                Meacham
Phillips             Rice                 Riser
Robinson             Sandifer             Seithel
Simrill              Smith, R.            Spearman
Stoddard             Tripp                Trotter
Wells                Whatley              Wilkins
Witherspoon          Wright               

Total--38

So, the House refused to continue the Bill.

Further proceedings were interrupted by expiration of time on the local uncontested Calendar, the pending question being consideration of the Bill, immediate cloture having been ordered.

H. 4396--AMENDED AND OBJECTIONS

The following Bill was taken up.

H. 4396 -- Reps. Harvin, Herdklotz, Riser, Moody-Lawrence and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS TO PAY FOR HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS FOR A MOTHER AND HER CHILD AFTER A VAGINAL DELIVERY AND NINETY-SIX HOURS AFTER A CAESARIAN SECTION.


Printed Page 1657 . . . . . Tuesday, March 26, 1996

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\8079AC.96), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. The 1976 Code is amended by adding:

"Section 38-71-135. All individual and group health insurance and health maintenance organization policies providing coverage for the hospitalization of a mother and her newborn child or children, if medically necessary, at the discretion of the attending physician, shall provide for the mother and her newborn child or children to remain in the hospital for a period not to exceed the second postpartum day after the vaginal delivery, not including the day of delivery, and the third postoperative day following a Caesarian Section, not including the day of surgery. Nothing in this section may be construed to prohibit the attending physician from requesting additional time or releasing the mother or her newborn child or children before the expiration time provided in this section."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. NEILSON explained the amendment.

Rep. SHEHEEN spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 60; Nays 42

Those who voted in the affirmative are:

Anderson             Bailey               Baxley
Boan                 Brown, G.            Brown, H.
Brown, T.            Cain                 Cato
Chamblee             Cooper               Cotty
Easterday            Elliott              Felder
Fleming              Fulmer               Gamble
Hallman              Harrell              Harris, J.
Haskins              Herdklotz            Hines, J.
Hodges               Hutson               Jaskwhich
Keegan               Kelley               Klauber
Koon                 Limbaugh             Limehouse
Littlejohn           Marchbanks           Mason

Printed Page 1658 . . . . . Tuesday, March 26, 1996

McElveen             McKay                Moody-Lawrence
Neilson              Rhoad                Rice
Richardson           Sandifer             Shissias
Smith, R.            Spearman             Stuart
Tripp                Trotter              Vaughn
Waldrop              Walker               Wells
Whatley              Wilkes               Wilkins
Wofford              Worley               Young-Brickell

Total--60

Those who voted in the negative are:

Breeland             Brown, J.            Byrd
Carnell              Cave                 Clyburn
Cobb-Hunter          Cromer               Davenport
Delleney             Govan                Harris, P.
Hines, M.            Howard               Inabinett
Kennedy              Keyserling           Kinon
Kirsh                Knotts               Lanford
Lee                  Lloyd                Loftis
McMahand             Meacham              Neal
Riser                Robinson             Rogers
Scott                Seithel              Sheheen
Simrill              Stille               Stoddard
Whipper, L.          Whipper, S.          Wilder
Williams             Witherspoon          Wright

Total--42

So, the amendment was adopted.

Rep. CATO proposed the following Amendment No. 2 (Doc Name P:\amend\JIC\5714AC.96), which was adopted.

Amend the bill, as and if amended, by striking SECTION 2 in its entirety and inserting:

/SECTION 2. This act takes effect October 1, 1996./

Amend title to conform.

Rep. CATO explained the amendment.

The amendment was then adopted.


Printed Page 1659 . . . . . Tuesday, March 26, 1996

Rep. SHEHEEN proposed the following Amendment No. 3 (Doc Name H-MEMBER\B21\SHEHEEN\AMEND\1).

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. the 1976 Code is amended by adding:

"Section 38-71-135. All individual and group health insurance and health maintenance organization policies providing coverage for the hospitalization of a mother and her newborn child or children, if medically necessary, at the discretion of the attending physician, shall provide for the mother and her newborn child or children to remain in the hospital for a period not to exceed the second postpartum day after the vaginal delivery, not including the day of delivery, and the third postoperative day following a Caesarian Section not including the day of surgery. Nothing in this section may be construed to prohibit the attending physician from authorizing additional time or releasing the mother or her newborn child or children before the expiration of the time provided in this section."

Rep. SHEHEEN explained the amendment.

Reps. NEILSON and RICHARDSON spoke against the amendment.

Reps. L. WHIPPER, S. WHIPPER, SCOTT, CANTY, KENNEDY, CATO, HOWARD, YOUNG-BRICKELL, NEILSON, BREELAND, CLYBURN, SEITHEL, R. SMITH, M. HINES and LIMBAUGH objected to the Bill.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 26, 1996
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:55 P.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. HARRISON the invitation was accepted.

MOTION ADOPTED

Rep. HASKINS moved that the House stand at ease until the Ratification of Acts, and upon completion, the House stand adjourned, which was agreed to.


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