Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
We thank You, Heavenly Father, for these moments of prayer ere we take up the duties of this day. Focus our thoughts on You. Lord, open our hearts to Your way that we may have wisdom in our decisions, understanding in our thinking, charity in our attitudes, and mercy in our judgments. Forbid that we should ever think that when this daily prayer is ended that our dependence upon You is over, or forget that You are our ever present Companion for the rest of the day. From this interlude of prayer, may there flow forth light and direction that will remain with us until nightfall shall bring Your divine benediction: "Well done, good and faithful servant."
So help us all the day long. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. HALLMAN moved that when the House adjourns, it adjourn in memory of former Town Council member and magistrate, Paul A. Foster of Mt. Pleasant, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4426 -- Reps. R. Smith, Knotts, Meacham, Simrill, Hutson, Fleming, Herdklotz, Sharpe, Huff, Easterday, Witherspoon, Mason, M. Hines, Trotter, Clyburn, Robinson, Davenport, Haskins, Waldrop, Vaughn, Riser and J. Harris: A BILL TO AMEND SECTION 16-3-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TESTING OF CERTAIN CONVICTED OFFENDERS FOR CERTAIN DISEASES, SO AS TO PROVIDE THAT AN ADULT OR JUVENILE ARRESTED FOR CERTAIN OFFENSES MUST BE TESTED FOR CERTAIN DISEASES AND TO FURTHER PROVIDE FOR THE TESTING INCLUDING THE TIMES THE TESTS MUST BE CONDUCTED.
Referred to Committee on Judiciary.
H. 4427 -- Reps. Sharpe, Cotty, Moody-Lawrence, Inabinett, Simrill, Lloyd, Richardson, Sandifer, Stuart, Meacham, Hutson, Davenport, Cooper, Trotter, Neal, Cato, Wilkes, Wells, Wofford, Riser, R. Smith, Williams, Vaughn, Witherspoon, J. Hines, Marchbanks, Allison, Haskins, J. Young, T. Brown, Stille, Young-Brickell, Kirsh, J. Harris, Keyserling, Koon, McTeer, Gamble, Keegan and Klauber: A BILL TO AMEND SECTION 56-5-2940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING UNDER THE INFLUENCE OF LIQUOR, DRUGS, OR ANOTHER SUBSTANCE, SO AS TO PROVIDE THAT A PERSON WHO IS UNDER TWENTY-ONE YEARS OF AGE AND WHO IS CONVICTED OF DRIVING UNDER THE INFLUENCE OF LIQUOR, DRUGS, OR ANOTHER SUBSTANCE, SHALL HAVE HIS DRIVER'S LICENSE REVOKED FOR FIVE YEARS OR UNTIL HE REACHES TWENTY-ONE YEARS OF AGE.
Referred to Committee on Judiciary.
H. 4428 -- Reps. Stille, Rice, Cooper, Simrill, Wilder, Stuart, Cain, Koon, Sandifer, Herdklotz, Allison, Wells, Walker, H. Brown, Inabinett, Gamble, Riser, Littlejohn, Witherspoon and Easterday: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE OF A PERSON WHO OPERATES A MOTOR VEHICLE UPON THE STATE'S PUBLIC ROADS, SO AS TO DECREASE THE PERCENTAGES OF ALCOHOL IN A PERSON'S BLOOD WHO IS AT LEAST TWENTY-ONE YEARS OF AGE USED TO CREATE PRESUMPTIONS OF UNDER THE INFLUENCE OR NO PRESUMPTION OF BEING UNDER THE INFLUENCE WHICH MUST BE USED TO DETERMINE THE GUILT OF A PERSON VIOLATING SECTION 56-5-2930, TO PROVIDE THAT IT MAY BE INFERRED THAT A PERSON WHO IS AT LEAST TWENTY-ONE YEARS OF AGE IS UNDER THE INFLUENCE OF ALCOHOL IF THERE WAS EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD, AND TO PROVIDE THAT IT MAY BE INFERRED THAT A PERSON WHO IS LESS THAN TWENTY-ONE YEARS OF AGE IS UNDER THE INFLUENCE OF ALCOHOL IF THERE WAS ANY PERCENT WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD.
Referred to Committee on Judiciary.
H. 4429 -- Reps. Cave, Rice, Inabinett, Canty, Lloyd, Breeland, S. Whipper, Byrd, J. Brown, Richardson, M. Hines, Clyburn and Littlejohn: A BILL TO AMEND SECTION 59-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL SCHOOL BOARDS OF TRUSTEES PROVIDING FOR KINDERGARTENS, SO AS TO PROVIDE THAT THE FIVE-YEAR-OLD KINDERGARTEN PROGRAM IN EACH SCHOOL DISTRICT MUST BE A FULL-DAY PROGRAM WITH AT LEAST THE SAME HOURS OF OPERATION AS HAVE THE ELEMENTARY SCHOOLS OF THE DISTRICT, TO PROVIDE THAT EACH DISTRICT MUST ALSO ESTABLISH HALF-DAY FOUR-YEAR-OLD KINDERGARTEN PROGRAMS AND ARE AUTHORIZED TO ESTABLISH FULL-DAY FOUR-YEAR-OLD KINDERGARTEN PROGRAMS, AND TO PROVIDE THAT THESE KINDERGARTEN PROGRAMS MUST BE OPEN TO ALL ELIGIBLE STUDENTS OF THE DISTRICT AND NOT JUST TO EDUCATIONALLY DISADVANTAGED OR HANDICAPPED STUDENTS; TO AMEND SECTION 59-19-340, AS AMENDED, RELATING TO THE AUTHORIZATION OF A SCHOOL DISTRICT TO ESTABLISH FOUR-YEAR-OLD CHILD DEVELOPMENT PROGRAMS, SO AS TO REQUIRE EACH DISTRICT TO ESTABLISH FOUR-YEAR-OLD KINDERGARTEN PROGRAMS IN THE MANNER PROVIDED BY SECTION 59-35-10 ABOVE, AND TO PROVIDE THAT ATTENDANCE IN THESE FOUR-YEAR-OLD KINDERGARTEN PROGRAMS IS OPTIONAL FOR ALL ELIGIBLE STUDENTS; AND TO AMEND SECTION 59-63-20, AS AMENDED, RELATING TO THE AGE OF ATTENDANCE IN THE PUBLIC SCHOOLS, SO AS TO AUTHORIZE FOUR-YEAR-OLDS TO ATTEND OPTIONAL KINDERGARTEN PROGRAMS AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE FOUR-YEAR-OLD CHILDREN SHALL BE COUNTED FOR SCHOOL FUNDING PURPOSES.
Referred to Committee on Education and Public Works.
H. 4430 -- Reps. Wright, Mason, Simrill, Askins, Felder, Cain, Sandifer, H. Brown, Inabinett, Stuart, M. Hines, Rice, Spearman, T. Brown, Richardson, Herdklotz, Wofford, Dantzler, Klauber, Koon, Law, Stoddard, Witherspoon, Quinn, Lloyd, Gamble, Easterday, Riser, Limbaugh and Waldrop: A BILL TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHOOL CRIME REPORT ACT, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL FORWARD ALL INFORMATION CONCERNING SCHOOL-RELATED CRIME TO THE ATTORNEY GENERAL WHICH SHALL BE USED BY HIM IN THE SUPERVISION OF THE PROSECUTION OF SCHOOL CRIME; TO PROVIDE THAT LOCAL LAW ENFORCEMENT OFFICIALS ARE REQUIRED TO CONTACT THE ATTORNEY GENERAL'S "SCHOOL SAFETY PHONE LINE" WHEN CERTAIN CRIMES OCCUR; TO PROVIDE THAT UPON REQUEST OF A LOCAL SCHOOL DISTRICT, THE ATTORNEY GENERAL MAY PETITION THE LOCAL SCHOOL BOARD TO EXPEL STUDENTS CHARGED WITH CERTAIN CRIMES; AND TO PROVIDE THAT THE ATTORNEY GENERAL IS AUTHORIZED TO REPRESENT THE LOCAL SCHOOL DISTRICT WHEN SUCH CASES ARE APPEALED TO AN APPELLATE COURT.
Referred to Committee on Education and Public Works.
H. 4431 -- Reps. Townsend, P. Harris, Huff, H. Brown, Cooper and Stille: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT AND WEIGHTINGS TO ESTABLISH COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO ADD A WEIGHTING FOR PUPILS WITH AUTISM.
Referred to Committee on Education and Public Works.
H. 4432 -- Reps. Cooper, Allison, T. Brown, Cain, Cato, Chamblee, Davenport, Easterday, Fleming, Fulmer, Hallman, J. Harris, Haskins, Herdklotz, Huff, Hutson, Klauber, Lanford, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Mason, Meacham, Quinn, Rice, Richardson, Riser, Seithel, Sharpe, Simrill, D. Smith, R. Smith, Stille, Tripp, Trotter, Waldrop, Wells, Whatley, Young-Brickell and Wilkins: A BILL TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHOOL CRIME REPORT ACT, SO AS TO DEVOLVE THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE STATE DEPARTMENT OF EDUCATION UNDER THIS ACT UPON THE OFFICE OF THE ATTORNEY GENERAL ON JULY 1, 1996, TO REQUIRE SCHOOL ADMINISTRATORS TO CONTACT THE ATTORNEY GENERAL'S "SCHOOL SAFETY PHONE LINE" WHEN REPORTING CERTAIN CRIMES, TO AUTHORIZE THE ATTORNEY GENERAL TO PETITION SCHOOL BOARDS TO EXPEL STUDENTS CHARGED WITH CERTAIN CRIMES, AND TO FURTHER PROVIDE FOR THE PROCEDURES WHICH MUST BE FOLLOWED IN CONNECTION WITH THIS ACT.
Referred to Committee on Education and Public Works.
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.
Referred to Committee on Judiciary.
H. 4434 -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN SUSPENDED FOR A FIFTH OFFENSE.
Referred to Committee on Judiciary.
H. 4435 -- Reps. Seithel, Whatley, Limehouse, Hallman, Sandifer, Spearman, Harrell, Fulmer, Herdklotz, Hutson, Law, Harvin, Dantzler and S. Whipper: A BILL TO AMEND SECTION 40-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELATIVE TO LICENSING OF CONTRACTORS, SO AS TO PROVIDE THAT GENERAL CONTRACTORS INCLUDE A PERSON WHO UNDERTAKES MARINE CONSTRUCTION FOR A FEE OF FIVE THOUSAND DOLLARS OR MORE AND THAT MECHANICAL CONTRACTORS INCLUDE A PERSON WHO UNDERTAKES MARINE CONSTRUCTION FOR ANY FEE AND TO DEFINE MARINE CONSTRUCTION; AND TO AMEND SECTION 40-59-10, AS AMENDED, RELATING TO DEFINITIONS RELATIVE TO LICENSING RESIDENTIAL BUILDERS, SO AS TO PROVIDE THAT RESIDENTIAL BUILDERS INCLUDE A PERSON WHO UNDERTAKES MARINE CONSTRUCTION FOR ANY FEE.
Referred to Committee on Labor, Commerce and Industry.
The following was introduced:
H. 4436 -- Rep. Cotty: A HOUSE RESOLUTION CONGRATULATING BRADLEY BIEBER OF RICHLAND COUNTY ON WINNING TWO MEDALS IN THE FIFTEENTH UNITED STATES JUNIOR OLYMPIC TAEKWONDO CHAMPIONSHIPS.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Boan Breeland Brown, H. Brown, J. Byrd Cain Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fleming Fulmer Gamble Govan Hallman Harrell Harris, P. Harrison Haskins Herdklotz Hines, J. Hines, M. Hodges Howard Huff Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kirsh Knotts Koon Lanford Law Lee Limbaugh Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Phillips Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe 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
I came in after the roll call and was present for the Session on Thursday, January 11.
Marion H. Kinon Theodore A. Brown Heyward G. Hutson Marion P. Carnell Denny W. Neilson Grady A. Brown H.B. Limehouse III John G. Felder J. Michael Baxley Richard M. Quinn, Jr. James S. Klauber Ralph W. Canty C. Alex Harvin III
RECORD FOR JOURNAL
Rep. T. BROWN's key would not work during roll call. He was present at that time.
At the time roll call was taken, I was in a meeting with Grace Young of P.R.T.
Rep. H.B. "CHIP" LIMEHOUSE III
The SPEAKER granted Rep. SHEHEEN a leave of absence for the day.
The SPEAKER granted Rep. McELVEEN a leave of absence for the day due to having to speak at a meeting in Florence.
Reps. BOAN and MARTIN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, January 10.
Announcement was made that Dr. Carol S. Nicholes of Spartanburg is the Doctor of the Day for the General Assembly.
The Reading Clerk read the following House Resolution:
H. 4400 -- Rep. Wilkins: A HOUSE RESOLUTION TO SET THURSDAY, JANUARY 11, 1996, AT 10:30 A.M. AS THE TIME FOR ELECTING MEMBERS TO FILL VACANCIES ON THE HOUSE LEGISLATIVE ETHICS COMMITTEE.
The SPEAKER announced that nominations were in order for a member of the House Ethics Committee.
The following names were placed in nomination:
The Members of the House voted by electric roll call.
The following named Representatives voted for Rep. EASTERDAY:
Allison Anderson Boan Brown, H. Cain Cato Chamblee Cotty Dantzler Davenport Delleney Easterday Fleming Fulmer Hallman Harrell Harris, J. Haskins Herdklotz Hutson Jaskwhich Keegan Kelley Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stoddard Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
The following named Representatives voted for Rep. GOVAN:
Bailey Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Elliott Gamble Govan Harris, P. Harrison Harvin Hines, J. Hines, M. Hodges Howard Inabinett Kennedy Keyserling Lee Lloyd Martin McAbee McCraw McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Rogers Scott Stille Stuart Townsend Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams
Rep. EASTERDAY received 60
Rep. GOVAN received 49
Whereupon, the SPEAKER announced that Rep. EASTERDAY, having received a majority of the votes cast, was duly elected for the term prescribed by law.
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. 879 -- Senators Martin and Alexander: A BILL TO AMEND SECTION 7-7-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS FOR PICKENS COUNTY, SO AS TO CONSOLIDATE THE UNIVERSITY PRECINCT AND THE FORT HILL PRECINCT IN PICKENS COUNTY INTO A SINGLE PRECINCT ENTITLED THE "FORT HILL" PRECINCT.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4410 -- Reps. Hutson, G. Bailey, Cobb-Hunter, Harrell and Young-Brickell: A BILL TO AMEND SECTION 7-7-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DORCHESTER COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
H. 4407 -- Rep. D. Smith: A BILL TO AMEND SECTION 59-47-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE DEAF AND THE BLIND, SO AS TO ADD A MEMBER TO THE BOARD APPOINTED BY THE GOVERNOR FROM THE STATE AT LARGE TO REPRESENT THE GENERAL PUBLIC.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 906 -- Senator Land: A BILL TO PROVIDE THAT THE SUPERINTENDENT OF ANY SCHOOL DISTRICT LOCATED IN CLARENDON COUNTY SERVING AS AN EX OFFICIO MEMBER OF A VOCATIONAL SCHOOL BOARD SHALL SERVE AS A VOTING MEMBER OF SUCH BOARD.
Rep. JASKWHICH moved to adjourn debate upon the following Joint Resolution until Thursday, January 25, which was adopted.
H. 3512 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO THE REPEAL OF PARENT-ORIENTED EDUCATION PROGRAMS AND THE PROMULGATION OF PARENT/FAMILY LITERACY PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. JASKWHICH moved to adjourn debate upon the following Joint Resolution until Thursday, January 25, which was adopted.
H. 3968 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO RELOCATABLE CLASSROOMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1765, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
H. 4397 -- Reps. Wilkins, Huff, Sharpe, H. Brown, D. Smith, Cato, Townsend, Haskins, J. Brown, Littlejohn, Herdklotz, Hutson, J. Young, Jennings, Simrill, Bailey, Harrell, Allison, Law, Walker, Gamble and Richardson: A BILL ENACTING THE ECONOMIC DEVELOPMENT INDUSTRIAL CLUSTER ACT OF 1996, BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-6-3480, 38-7-190, AND 12-10-45 SO AS TO ALLOW CERTAIN INCOME TAX CREDITS TO BE APPLIED AGAINST INSURANCE PREMIUM TAX LIABILITIES AND VICE VERSA AND TO PROVIDE FOR THE DESIGNATION OF ADDITIONAL ENTERPRISE ZONES IN THE CASE OF PROJECTS OF QUALIFYING TIRE MANUFACTURERS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE TAX CREDIT CARRY FORWARD PERIOD FROM TEN TO FIFTEEN YEARS; TO AMEND SECTION 12-10-70, RELATING TO ADDITIONAL TAX CREDITS ALLOWED IN ENTERPRISE ZONES AND OTHER SITUATIONS RELATED TO SOCIO-ECONOMIC STATUS, SO AS TO EXTEND THESE PROVISIONS TO QUALIFYING TIRE MANUFACTURERS AND ALLOW THE QUALIFICATION OF A PERCENTAGE OF TRANSFERRED EMPLOYEES AS NEW EMPLOYEES IN THE CASE OF AN ELIGIBLE TIRE MANUFACTURER; TO AMEND SECTION 12-10-80, RELATING TO THE JOB DEVELOPMENT FEES ALLOWED QUALIFYING BUSINESSES, SO AS TO CLARIFY THE STATUS OF THE FEES IN THE EVENT OF DISQUALIFICATION AND PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH JOB DEVELOPMENT FEES MAY BE EXPENDED; TO AMEND SECTION 12-14-30, RELATING TO DEFINITIONS UNDER THE ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT OF 1995, SO AS TO PROVIDE ADDITIONAL ELIGIBILITY FOR QUALIFYING FOR THE BENEFITS ALLOWED IN THE ACT; TO AMEND SECTION 12-21-2423, AS AMENDED, RELATING TO THE RETENTION OF A PORTION OF ADMISSIONS LICENSE TAXES FOR MAJOR TOURISM OR RECREATION PROJECTS, SO AS TO CLARIFY THE APPLICATION OF THE PROVISION ALLOWING THE RETENTION OF THESE TAX REVENUES; AND TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND ALLOWABLE DEPRECIATION OF PROPERTY FOR PURPOSES OF PROPERTY TAXATION, SO AS TO ALLOW A HIGHER DEPRECIATION RATE FOR RUBBER PRODUCTS AND ALLOW A LOWER DEPRECIATION LIMIT FOR QUALIFYING TIRE MANUFACTURERS.
Rep. DAVENPORT 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.
The following Bill was taken up.
H. 3879 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-3-315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPUTY ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THEIR AUTHORITY, POWERS, AND REQUIREMENTS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3425HTC.96).
Amend the bill, as and if amended, Section 50-3-315(A), as contained in SECTION 1, page 1, line 36, by striking /officers/ and inserting / officers, except for designated department employees, /, so that when amended Section 50-3-315(A) reads:
/(A) The director may appoint deputy enforcement officers to who serve at the pleasure of the director without pay and shall establish their territorial jurisdiction. The officers, when acting in their official capacity, may enforce all laws and regulations relating to wildlife, marine, or natural resources within have statewide police power. However, the director may restrict their territorial jurisdiction. The powers and duties of the officers must be established by regulations of the department. Deputy enforcement officers serve at the pleasure of the director. No person may be appointed as an officer who holds another public office. The Secretary of State shall transmit to the director the commissions of all officers. The director shall transmit each commission to the office of the clerk of court for the county in which the officer resides only after he files the oaths and officers, except for designated department employees, shall obtain the bonds required by Section 50-3-330./
Amend title to conform.
Rep. WITHERSPOON explained the amendment.
Rep. ROBINSON 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.
The following Bill was taken up.
H. 3339 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1538 SO AS TO REQUIRE DRIVERS OF MOTOR VEHICLES TRAVELING THROUGH AN EMERGENCY SCENE TO USE CAUTION AND DRIVE AT A REASONABLE SPEED, PROVIDE PENALTIES, AND PROVIDE EMERGENCY WORKERS CONTROL OVER THE EMERGENCY SCENE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\3427CM.96), which was adopted.
Amend the bill, as and if amended, by deleting SECTION 1, and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 56-5-1538. (A) An emergency scene is a location designated by the potential need to provide emergency medical care and is identified by emergency vehicles with flashing red lights, rescue equipment, or emergency personnel on the scene.
(B) An emergency scene is a special hazard.
(C) An emergency scene is under the authority of the first arriving emergency personnel, which includes emergency medical services personnel, until the arrival of the fire or law enforcement officials having jurisdiction. All motor vehicles passing through an emergency scene and pedestrians observing an emergency scene must obey and not interfere with the duties of emergency personnel. Motor vehicles and bystanders may not block access to or exit from an emergency scene.
(D) The management authority of emergency medical services is limited to managing patient care and preventing further injury to the patients and on scene personnel. This authority may be delegated by emergency personnel to provide an adequate level of safety.
(E) A paid or volunteer worker at an emergency scene has proper authority to be at and control the scene in a manner consistent with his training."/
Amend title to conform.
Rep. JENNINGS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that H. 3339 be read the third time tomorrow.
The following Bill was taken up.
H. 3532 -- Reps. Wright, H. Brown, Cato, Cooper, Fulmer, Harvin, Harwell, Keegan, Knotts, Koon, Wilkins and A. Young: A BILL TO AMEND TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMUSEMENTS, GAMES, AND ATHLETIC CONTESTS BY ADDING CHAPTER 19 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN A ROLLER SKATING ACTIVITY CAUSED BY AN INHERENT RISK OF ROLLER SKATING.
Rep. COTTY 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.
The following Bill was taken up.
H. 4351 -- Reps. Walker, Byrd, D. Smith, Allison, Baxley, J. Brown, Cain, Chamblee, Cobb-Hunter, Cooper, Cromer, Davenport, Gamble, Harrell, J. Harris, Harvin, Haskins, Herdklotz, Huff, Jaskwhich, Kelley, Kinon, Lanford, Littlejohn, McMahand, Meacham, Phillips, Robinson, R. Smith, Stille, Townsend, Vaughn, Wells, Wilder, Wilkes, Wilkins, Wright, J. Young, Inabinett, Keyserling, Hutson, Bailey, Witherspoon, Riser, Law, Simrill, Seithel, Cave, Richardson and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE GIFT OF LIFE ORGAN AND TISSUE PROCUREMENT ACT OF 1996 BY ADDING SECTION 12-6-5065 SO AS TO PROVIDE FOR A DESIGNATION ON STATE INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE GIFT OF LIFE TRUST FUND; BY ADDING ARTICLE 13 TO TITLE 44, CHAPTER 43 SO AS TO ESTABLISH THE GIFT OF LIFE TRUST FUND, TO PROVIDE FOR ITS BOARD OF DIRECTORS, DUTIES, AND FOR EXPENDITURE OF FUNDS; AND BY ADDING SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO VOLUNTARILY CONTRIBUTE ONE DOLLAR TO THE GIFT OF LIFE TRUST FUND AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE TRUST FUND.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PFM\7776AC.96), which was adopted.
Amend the bill, as and if amended, SECTION 2, Section 12-6-5065(A), page 1, line 38, by striking /taxpayer and each corporation/ and inserting /individual taxpayer/; and Section 12-6-5065(B), page 2, line 5, by inserting /individual/ before 'income', so that when amended the subsections read:
/(A) Each individual taxpayer required to file a state income tax return who desires to contribute to the Gift of Life Trust Fund of South Carolina as created by Section 44-43-1310 may designate the contribution on the appropriate state income tax form. The contribution may not increase or decrease the income tax liability of the taxpayer and may be made by reducing the income tax refund of a taxpayer by the amount designated or by accepting additional payment from the taxpayer by the amount designated, whichever is appropriate.
(B) All South Carolina individual income tax return forms must contain a designation for a contribution to the Gift of Life Trust Fund of South Carolina. The instructions accompanying income tax forms must contain a description of the purpose for which the Gift of Life Trust Fund was established and the use of monies from the income tax contribution./
Amend title to conform.
Rep. WILDER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WALKER, with unanimous consent, it was ordered that H. 4351 be read the third time tomorrow.
The following Joint Resolution was taken up.
H. 4425 -- Ways and Means Committee: A JOINT RESOLUTION MAKING APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.
Rep. H. BROWN raised the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for three legislative days.
The SPEAKER sustained the Point of Order.
On motion of Rep. TOWNSEND, with unanimous consent, the following Concurrent Resolution was recalled from the Committee on Invitations and Memorial Resolutions and was referred to the Committee on Education and Public Works.
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.
On motion of Rep. TOWNSEND, with unanimous consent, the following Concurrent Resolution was recalled from the Committee on Invitations and Memorial Resolutions and was referred to the Committee on Education and Public Works.
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.
On motion of Rep. SHARPE, with unanimous consent, the following Bill was recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4352 -- Reps. Robinson, D. Smith and Law: A BILL TO REPEAL TITLE 44, CHAPTER 56, ARTICLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT AND ADMINISTRATION OF THE DRYCLEANING FACILITY RESTORATION FUND, REGISTRATION AND ANNUAL FEES AND SURCHARGES ASSESSED AGAINST DRYCLEANING FACILITIES, AND THE ESTABLISHMENT OF THE DRYCLEANING ADVISORY COUNCIL.
The Senate amendments to the following Joint Resolution were taken up for consideration.
H. 4043 -- Reps. Simrill and Elliott: A JOINT RESOLUTION TO EXTEND THE EFFECTIVE DATE OF SECTIONS 3 AND 4 OF ACT 463 OF 1994, RELATING TO HOME AND COMMERCIAL INSPECTORS.
Rep. KIRSH moved to table the Joint Resolution, which was agreed to.
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. SCOTT moved to adjourn debate upon the Joint Resolution until Wednesday, January 24.
Rep. TRIPP moved to continue the Joint Resolution.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Baxley Boan Brown, G. Brown, H. Cain Canty Carnell Cato Cooper Davenport Easterday Elliott Harris, J. Harvin Haskins Herdklotz Hines, M. Hodges Jaskwhich Kirsh Koon Limbaugh Littlejohn Marchbanks McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rice Riser Robinson Sandifer Sharpe Simrill Townsend Tripp Trotter Vaughn Walker Wells Whipper, L. Wilder Wilkins Young
Those who voted in the negative are:
Askins Bailey Breeland Brown, J. Byrd Cave Chamblee Clyburn Cobb-Hunter Cotty Cromer Dantzler Delleney Fleming Fulmer Gamble Govan Hallman Harrell Harrison Hines, J. Howard Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Knotts Lanford Law Lee Limehouse Lloyd Martin Mason McAbee Quinn Richardson Rogers Scott Seithel Shissias Smith, D. Smith, R. Spearman Stoddard Stuart Thomas Whipper, S. White Wilkes Williams Witherspoon Wofford Worley Wright Young-Brickell
So, the House refused to continue the Joint Resolution.
The lock on my voting console was broken. Had I been able to vote, I would have voted no.
Rep. THEODORE A. BROWN
The question then recurred to the motion to adjourn debate until Wednesday, January 24, which was agreed to.
The following Concurrent Resolution was taken up.
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.
Rep. TOWNSEND moved to adjourn debate upon the Concurrent Resolution until Thursday, January 18, which was adopted.
The motion period was dispensed with on motion of Rep. TRIPP.
Rep. D. SMITH moved to adjourn debate upon the following Joint Resolution until Wednesday, January 24, which was adopted.
H. 3628 -- Reps. Thomas, Moody-Lawrence, Cobb-Hunter, Richardson, T. Brown, Knotts, Keegan, Wright, J. Harris, Gamble, J. Young, P. Harris, Baxley, Townsend, Dantzler, Witherspoon, Stille, Law, Scott, Riser and Cotty: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO EXAMINE STATE LAW RELATING TO THE REQUIREMENTS FOR THE TRANSPORTATION, POSSESSION, AND CONSUMPTION OF ALCOHOLIC LIQUORS IN MINIBOTTLES AND TO EXAMINE AMENDMENTS TO STATE LAW PERTAINING TO ALCOHOLIC LIQUOR BY THE DRINK.
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.
Rep. ROBINSON raised the Point of Order that Rep. Fair's objection on the bill was out of order as he was no longer a member of the House.
The SPEAKER sustained the Point of Order and ordered the objection removed from the bill.
Reps. STUART and KNOTTS objected to the Bill.
Rep. SIMRILL moved to recommit the Bill to the Committee on Education and Public Works.
Rep. KELLEY moved to table the motion to recommit.
Rep. SIMRILL demanded the yeas and nays, which were not ordered.
The motion to recommit was tabled, by a division vote of 39 to 14.
The House Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\18233AC.95), which was adopted.
Amend the bill, as and if amended, by deleting Section 59-19-45(A) and inserting:
/(A) Within one year of taking office, all persons elected or appointed as members of a school district board of trustees after July 1, 1995, shall successfully complete an orientation in the powers, duties, and responsibilities of a board member including, but not limited to, topics on policy development, personnel, superintendent and board relations, instructional programs, district finance, school law, ethics, and community relations./
Amend further by deleting Section 59-19-45(E) and inserting:
/(E) The State Department of Education shall reimburse a school district or county board of education conducting an orientation for a new board member as required by this section at the rate of eighty dollars per member, provided that the total reimbursements by the department in any one fiscal year must not exceed ten thousand dollars. If the total projected cost of these reimbursements for any year as determined by the department exceeds ten thousand dollars, the eighty dollar reimbursement per new member must be reduced proportionately. If funds are not available for these reimbursements, the board member orientation is not required but may be conducted at the option of a school district or county board of education. The State Board of Education shall establish guidelines and procedures for these reimbursements./
Renumber sections to conform.
Amend title to conform.
Rep. JASKWHICH explained the amendment.
Rep. MEACHAM raised the Point of Order that since former Rep. Fair's objection had been removed from the bill, then the bill should be on the uncontested calendar.
The SPEAKER stated that other objections had been placed on the bill so it would remain on the contested calendar and he overruled the Point of Order.
Rep. JASKWHICH continued speaking.
Rep. SIMRILL spoke against the amendment and moved to table the amendment.
Rep. TOWNSEND demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Cato Dantzler Delleney Easterday Elliott Fleming Hallman Haskins Herdklotz Huff Kirsh Koon Lanford Law Limbaugh Marchbanks Martin Mason McAbee McCraw McKay Meacham Quinn Robinson Sandifer Sharpe Simrill Smith, R. Spearman Thomas Tripp Vaughn Wilkes Witherspoon Wofford Young Young-Brickell
Those who voted in the negative are:
Anderson Askins Bailey Boan Breeland Brown, J. Byrd Cain Cave Chamblee Clyburn Cooper Cotty Cromer Davenport Gamble Govan Harrell Harris, J. Harrison Harvin Hines, J. Hines, M. Howard Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Knotts Lee Limehouse Littlejohn Lloyd McMahand McTeer Moody-Lawrence Neal Phillips Rhoad Rice Richardson Riser Rogers Scott Seithel Shissias Smith, D. Stille Stoddard Stuart Townsend Trotter Walker Whatley Whipper, L. Whipper, S. Wilder Wilkins Worley
So, the House refused to table the amendment.
The lock on my voting console was broken. Had I been able to vote, I would have voted no.
Rep. THEODORE A. BROWN
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. SIMRILL moved to table the Bill and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Brown, H. Cato Cooper Dantzler Delleney Easterday Elliott Fleming Haskins Herdklotz Kirsh Klauber Law Limbaugh Marchbanks McAbee Meacham Moody-Lawrence Neal Quinn Robinson Rogers Sandifer Sharpe Simrill Smith, R. Spearman Thomas Tripp Vaughn Wells Witherspoon Wofford Young Young-Brickell
Those who voted in the negative are:
Allison Anderson Bailey Boan Breeland Brown, J. Byrd Cain Canty Cave Chamblee Clyburn Cotty Cromer Davenport Fulmer Gamble Govan Hallman Harrell Harris, J. Harrison Harvin Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Knotts Koon Lee Limehouse Littlejohn Lloyd Martin Mason McMahand McTeer Rhoad Rice Richardson Riser Scott Seithel Shissias Smith, D. Stille Stuart Townsend Trotter Walker Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Worley Wright
So, the House refused to table the Bill.
The lock on my voting console was broken. Had I been able to vote, I would have voted no.
Rep. THEODORE A. BROWN
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey Boan Breeland Brown, J. Byrd Cain Canty Cave Chamblee Cotty Fulmer Gamble Govan Hallman Harrell Harris, J. Harrison Harvin Hines, J. Hines, M. Hodges Howard Hutson Jaskwhich Keegan Kelley Kennedy Keyserling Knotts Koon Lanford Lee Limehouse Littlejohn Lloyd Martin Mason McMahand McTeer Neal Rhoad Rice Richardson Riser Scott Seithel Shissias Smith, D. Stille Stoddard Stuart Townsend Trotter Walker Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Worley Wright
Those who voted in the negative are:
Allison Cato Dantzler Davenport Easterday Fleming Haskins Herdklotz Kirsh Klauber Law Limbaugh Marchbanks McAbee McCraw McKay Meacham Moody-Lawrence Neilson Phillips Quinn Robinson Sandifer Simrill Smith, R. Spearman Thomas Tripp Vaughn Wells Witherspoon Wofford Young Young-Brickell
So, the Bill, as amended, was read the second time and ordered to third reading.
The lock on my voting console was broken. Had I been able to vote, I would have voted yes.
Rep. THEODORE A. BROWN
The following Bill was taken up.
H. 3931 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-45 SO AS TO PROVIDE THAT MENTAL ILLNESS RESULTING FROM WORK-RELATED STRESS IS NOT AN ACCIDENTAL INJURY ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT EXCEPT UNDER CERTAIN CONDITIONS, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 42-9-260, AS AMENDED, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF WORKERS' COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK-RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE SUCH PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION, PROVIDE FOR THE TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY COMPENSATION, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 42-1-40, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT "AVERAGE WEEKLY WAGE" MUST BE CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED AS REPORTED ON THE EMPLOYMENT SECURITY COMMISSION'S EMPLOYER CONTRIBUTION REPORTS DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM THE CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD PROVISIONS TO THE SECTION INCLUDING, AMONG OTHER THINGS, THE PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO ACTIVELY PURSUE COLLECTION PROCEDURES AGAINST A WORKERS' COMPENSATION CLAIMANT BEFORE THE FINAL ADJUDICATION OF THE CLAIMANT'S CLAIM; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION LAW AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO DELETE THE CURRENT PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT EVERY EMPLOYER SHALL KEEP A RECORD OF ALL INJURIES RECEIVED BY HIS EMPLOYEES IN THE COURSE OF THEIR EMPLOYMENT ON FORMS APPROVED BY THE WORKERS' COMPENSATION COMMISSION AND THAT CERTAIN INJURIES MUST BE REPORTED IN WRITING TO THE COMMISSION ACCORDING TO CERTAIN GUIDELINES.
Rep. YOUNG-BRICKELL moved to recommit the Bill to the Committee on Labor, Commerce and Industry, retaining its place on the Calendar, which was agreed to.
The following Bill was taken up.
H. 3827 -- Rep. Cato: A BILL TO AMEND SECTION 38-73-1425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT BEGINNING JANUARY 1, 1996, AND ANNUALLY THEREAFTER, THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE FACILITY MUST BE CALCULATED SO THAT THE PROJECTED COMBINED RATIO FOR RISKS SUBJECT TO THE FINAL RATE OR PREMIUM CHARGES IS NO MORE THAN ONE HUNDRED PERCENT; TO PROVIDE, AMONG OTHER THINGS, THAT THE PROVISIONS OF SECTION 38-73-1425 AS AMENDED BY THIS ACT, ARE EFFECTIVE ON JANUARY 1, 1996; TO AMEND SECTION 38-73-1420, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF REINSURANCE FACILITY FILE AN EXPENSE COMPONENT, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT THE COST REDUCTIONS REALIZED IN OPERATING RESULTS OF THE REINSURANCE FACILITY MUST BE APPLIED EXCLUSIVELY TO REDUCE THE RECOUPMENT CHARGES ON ALL POLICIES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE WRITTEN IN SOUTH CAROLINA; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS MAY UTILIZE DIFFERENT FILED RATES FOR AUTOMOBILE INSURANCE COVERAGES WHICH THEY ARE MANDATED BY LAW TO WRITE IN ACCORDANCE WITH RATING PLANS FILED WITH AND APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE SHALL COMPILE A COMPARATIVE STATISTICAL ANALYSIS OF THE COMPLAINTS RECEIVED BY, OR FILED WITH, THE DEPARTMENT FROM PERSONS ALLEGING DISCRIMINATION WHEN THE PERSON IS DENIED PHYSICAL DAMAGE COVERAGES BY AN INSURER; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-596 SO AS TO PROVIDE THAT, NOTWITHSTANDING SECTION 38-77-590, UPON NOTIFICATION TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, DESIGNATED PRODUCERS MAY CONTRACT WITH A VOLUNTARY MARKET OUTLET FOR ANY TYPE OF AUTOMOBILE INSURANCE CEDEABLE TO THE FACILITY; TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE THAT AN AUTOMOBILE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT MAY CEDE UP TO, AND INCLUDING, ONE HUNDRED PERCENT OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN FIFTY PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION OF THE FACILITY IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURANCE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN SIXTY-FIVE PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURANCE INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN EIGHTY PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, AND PROVIDE FOR VARYING EFFECTIVE DATES FOR THE ABOVE CHANGES TO THE PROVISIONS OF SECTION 38-77-950; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-458 SO AS TO PROVIDE, AMONG OTHER THINGS THAT INSURERS OF PRIVATE PASSENGER AUTOMOBILE INSURANCE AND INDIVIDUAL MEMBERS OF RATING ORGANIZATIONS MAY ELECT TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES OR PREMIUM CHARGES UNDER THE "INDEX FILE AND USE" RATING METHODOLOGY; TO REQUIRE ALL INSURERS SUBJECT TO SECTION 38-77-280 TO SUBMIT RATE FILINGS TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT, AND PROVIDE THAT THESE FILINGS MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT; AND TO PROVIDE THAT IF ANY PROVISION OF THIS ACT OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD TO BE UNCONSTITUTIONAL OR OTHERWISE INVALID, THE REMAINDER OF THIS ACT AND THE APPLICATION OF SUCH PROVISION TO OTHER PERSONS OR CIRCUMSTANCES ARE NOT AFFECTED, AND THAT IT IS TO BE CONCLUSIVELY PRESUMED THAT THE GENERAL ASSEMBLY WOULD HAVE ENACTED THE REMAINDER OF THIS ACT WITHOUT THE INVALID OR UNCONSTITUTIONAL PROVISION.
Rep. CATO moved to recommit the Bill to the Committee on Labor, Commerce and Industry, retaining its place on the Calendar, which was agreed to.
Rep. LANFORD moved to adjourn debate upon the following Bill until Tuesday, March 12, which was adopted.
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.
The following Bill was taken up.
H. 3841 -- Reps. Sheheen, Quinn, Harrison, Delleney, Baxley, Wilkins and Thomas: A BILL TO AMEND SECTIONS 14-8-10, 14-8-20, 14-8-80, AND 14-8-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT OF APPEALS, SO AS TO PROVIDE FOR THREE ADDITIONAL JUDGES FOR THE COURT OF APPEALS, FOR AN ADDITIONAL PANEL OF THE COURT, AND FOR OTHER PROCEDURES NECESSARY TO REFLECT A NINE MEMBER COURT; TO AMEND SECTION 14-5-610, AS AMENDED, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND JUDGES FOR THE CIRCUIT COURTS, SO AS TO ADD THREE ADDITIONAL CIRCUIT COURT JUDGES FROM SPECIFIED CIRCUITS; AND TO AMEND SECTION 20-7-1410, RELATING TO FAMILY COURT JUDGES, SO AS TO ADD THREE ADDITIONAL FAMILY COURT JUDGES FROM SPECIFIED CIRCUITS.
Rep. HARRISON moved to table the Bill, which was agreed to.
The following Bill was taken up.
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.
Rep. MARTIN explained the Bill.
Rep. KIRSH spoke against 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:
Those who voted in the affirmative are:
Allison Askins Boan Brown, G. Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Haskins Herdklotz Hodges Huff Hutson Jaskwhich Jennings Keegan Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Martin Mason McCraw McKay Meacham Neilson Quinn Rice Richardson Riser Robinson Sandifer Seithel Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Vaughn Walker Wells Whatley Wilkes Wilkins Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Bailey Baxley Breeland Brown, J. Byrd Canty Cave Clyburn Cobb-Hunter Delleney Govan Harvin Hines, J. Hines, M. Howard Inabinett Kelley Kennedy Keyserling Kirsh Lee Lloyd McMahand McTeer Moody-Lawrence Neal Rhoad Scott Sharpe Whipper, L. Whipper, S. White Wilder Witherspoon
So, the Bill was read the second time and ordered to third reading.
The lock on my voting console was broken. Had I been able to vote, I would have voted no.
Rep. THEODORE A. BROWN
The following Bill was taken up.
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 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.
Rep. KENNEDY moved to adjourn debate upon the following Bill until Wednesday, January 17, which was adopted.
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 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.
Rep. BAXLEY moved to adjourn debate upon the Bill until Tuesday, January 16, which was adopted.
The following Bill was taken up.
S. 654 -- Senator Greg Smith: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT A PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX COLLECTIONS IN EXCESS OF SIX MILLION DOLLARS AND HAS PASSED A REFERENDUM AUTHORIZING THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180.
Rep. KEYSERLING proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6023HTC.95).
Amend the bill, as and if amended, Section 61-5-185, as contained in SECTION 1, page 2, by striking the quotation mark on line 28 and inserting immediately after line 28
/(C) The accommodations tax revenue requirements of subsection (B)(1) and (2) do not apply if the permits allowed pursuant to Section 61-5-180 may be obtained in any municipality in the county in which the referendum required by this section is held."/
Amend title to conform.
Rep. KEYSERLING explained the amendment.
Rep. RICHARDSON moved to adjourn debate upon the Bill until Tuesday, January 23, which was adopted.
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".
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10306JM.95), which was adopted.
Amend the bill, as and if amended, page 1, by striking Section 56-9-20(7)(d), as contained in SECTION 1, and inserting:
/"(d) Additional coverage permitted. Any A policy which grants the coverage required for a motor vehicle liability policy may also may grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy and the excess or additional coverage shall is not be subject to the provisions of this chapter. With respect to a policy which grants this excess or additional coverage, the term 'motor vehicle liability policy' shall apply applies only to that part of the coverage which is required by this article. Notwithstanding any other provision of law, when a liability or collision claim arises from the operation of a motor vehicle rented under a written rental agreement under which the renter agrees to provide coverage for damage resulting from the operation of the vehicle, the motor vehicle insurance coverage of the renter is primary, and no claim may be made against the coverage available for the rental vehicle by the rental vehicle company until the limits of the motor vehicle insurance coverage provided by the renter for the vehicle are exhausted. Every written rental agreement must include on its face a clause outlining the acceptance of 'primary liability coverage'. This clause must be separately signed and dated by the renter."/
Amend title to conform.
Rep. CATO explained the amendment.
Rep. RICHARDSON spoke in favor of the amendment.
Rep. CATO spoke in favor of the amendment.
The amendment was then adopted.
Rep. WALKER moved to recommit the Bill.
Rep. CATO moved to table the motion, which was agreed to.
Rep. RICHARDSON proposed the following Amendment No. 2, which was adopted.
Amend, as and if amended, by adding after renter on line 4, page 2:
In the event a renter has varying coverages on owned vehicles for physical damage coverage, the rental contract shall assume the broadest coverage available on any owned vehicle.
Rep. RICHARDSON explained the amendment.
Rep. WALKER spoke against the amendment.
The amendment was then adopted by a division vote of 61 to 29.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Brown, G. Brown, H. Cain Cato Cooper Cotty Dantzler Davenport Easterday Fulmer Gamble Hallman Harris, J. Harrison Harvin Haskins Hutson Kennedy Keyserling Kirsh Knotts Law Limehouse Marchbanks McCraw McKay Rhoad Richardson Riser Robinson Sandifer Seithel Shissias Simrill Smith, R. Spearman Stuart Tripp Trotter Vaughn Whatley Whipper, L. Whipper, S. Wilder Wilkes Wilkins Witherspoon Wofford Wright Young-Brickell
Those who voted in the negative are:
Allison Anderson Baxley Breeland Brown, J. Byrd Cave Chamblee Clyburn Delleney Fleming Harrell Herdklotz Hines, J. Hines, M. Howard Huff Inabinett Jaskwhich Keegan Kelley Klauber Koon Lanford Lee Littlejohn Lloyd Mason McTeer Neal Phillips Rice Rogers Scott Sharpe Stille Thomas Townsend Walker Wells White Worley Young
So, the Bill, as amended, was read the second time and ordered to third reading.
The lock on my voting console was broken. Had I been able to vote, I would have voted yes.
Rep. THEODORE A. BROWN
Rep. H. BROWN moved that H. 4425, a Joint Resolution making appropriations from fiscal year 1994-95 surplus general fund revenues, be set for Special Order upon the completion of the uncontested Calendar on Wednesday, January 17, which was adopted.
Rep. LANFORD moved to reconsider the vote whereby debate was adjourned until Tuesday, March 12 on H. 3380 and the motion was noted.
Rep. RISER moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4310 -- Reps. McElveen, G. Brown, Canty, Neal, J. Young, Harvin, Baxley, T. Brown and Kennedy: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE DAVID F. MCINNIS OF SUMTER COUNTY FOR HIS OUTSTANDING SERVICE AS JUDGE OF THE THIRD JUDICIAL CIRCUIT AND EXTENDING JUDGE MCINNIS OUR BEST WISHES FOR HAPPINESS FOLLOWING HIS RETIREMENT FROM THE CIRCUIT BENCH.
At 12:20 P.M. the House in accordance with the motion of Rep. HALLMAN adjourned in memory of former Town Council member and Magistrate, Paul A. Foster of Mt. Pleasant, to meet at 10:00 A.M. tomorrow.
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