South Carolina General Assembly
113th Session, 1999-2000
Journal of the House of Representatives


Printed Page 741 . . . . . Wednesday, February 2, 2000

Wednesday, February 2, 2000
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by The Most Reverend Robert J. Baker, S.T.D., Bishop of Charleston, as follows:

Let us pray:

Loving God, You have blessed us with great freedom, a strong economy, abundant natural resources and a generous and loving people. With faith and hope, we ask You, Lord, to help us find ways to use those among us who are strong, to help those who are weak; to show those who are blessed with financial wealth ways to include the poor and vulnerable in our economic prosperity. Inspire us with Your wisdom and spirit of generosity, so that we may continue to effectively fulfill the mandate of Your teaching. May we seek Your justice to right the wrongs in our society and to find common ground on the many issues which divide the people of our great State. This day, this week, this year, this century, we place ourselves in Your care, Lord. As we face the challenge of leadership, remind us to turn often to You for guidance, wisdom, courage and compassion. May You bless abundantly the men and women in this assembly who are Your partners in service to the State of South Carolina at the beginning of a new millennium. 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.

MOTION ADOPTED

Rep. D. SMITH moved that when the House adjourns, it adjourn in memory of Carole Ray Rooker Wynn, which was agreed to.


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CONFIRMATION OF APPOINTMENT

The following was received:

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

February 1, 2000
Mr. Speaker and Members of the House:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.

STATEWIDE APPOINTMENT

State Ethics Commission
Term Commencing: June 30, 2000
Term Expiring: June 20, 2005
Seat: At-Large
Vice: Richard Kent Porth

Initial Appointment
Mr. Flynn Thomas Harrell
3605 Old Lamplighters Road
Columbia, South Carolina 29206-3421
803-782-4804

Respectfully,
Jim Hodges
Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.


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COMMITTEE APPOINTMENT
OFFICE OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES

The following was received:

January 26, 2000
The Honorable James H. Lucas
P.O. Box 11867
Columbia, SC 29211

Dear Jay:

It is with pleasure that I appoint you to serve on the Judiciary Committee, effective February 1, 2000. This appointment is to fill the vacancy which occurred when Representative Beck resigned from the House of Representatives. I know that you will serve this committee with honor and distinction. If you have any questions, please do not hesitate to contact me.

I look forward to working with you in the coming year.

Sincerely,
David H. Wilkins
Speaker of the House

Received as information.

COMMITTEE APPOINTMENT
OFFICE OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES

The following was received:

February 1, 2000
The Honorable Chip Huggins
P.O. Box 11867
Columbia, SC 29211

Dear Chip:

It is with pleasure that I appoint you to serve on the Agriculture, Natural Resources and Environmental Affairs Committee, effective February 1, 2000, to fill the vacancy which occurred when Representative Lucas was reassigned. I know that you will serve this


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committee with honor and distinction. If you have any questions, please do not hesitate to contact me.

I look forward to working with you in this year.

Sincerely,
David H. Wilkins
Speaker of the House

Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., January 20, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 372:
S. 372 (Word version) -- Senators Anderson and Glover: A BILL TO AMEND SECTION 20-7-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAY CARE CENTER EMPLOYMENT, SO AS TO EXEMPT CERTAIN OFFENSES WHICH PROHIBIT AN INDIVIDUAL FROM BEING EMPLOYED AS A DAY CARE WORKER.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., January 27, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 199:
S. 199 (Word version) -- Senators J. V. Smith, Wilson, Giese and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2915 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO ISSUE A REGISTRATION STATEMENT FOR A RELIGIOUS DAY CARE


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CENTER WHEN REQUIREMENTS ARE MET AND TO REQUIRE THE CENTER OPERATOR TO DISPLAY THE REGISTRATION AND USE ITS REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2700, AS AMENDED, RELATING TO DEFINITIONS UNDER DAY CARE LICENSING, SO AS TO REVISE THE DEFINITIONS OF "CHILD DAY CARE FACILITIES", "GROUP DAY CARE HOME", AND "FAMILY DAY CARE HOME", AND TO ADD DEFINITIONS; TO AMEND SECTION 20-7-2780, RELATING TO LICENSES OF CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REQUIRE STATING THE LICENSE NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2860, AS AMENDED, RELATING TO FAMILY DAY CARE HOME REGISTRATIONS, SO AS TO REQUIRE STATING THE REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2900, AS AMENDED, RELATING TO REGISTRATION OF CERTAIN CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE THEM TO COMPLY WITH INSPECTION PROCEDURES AND WITH REQUIREMENTS FOR FLOOR SPACE, CHILD-STAFF RATIOS, AND STAFF TRAINING; TO AMEND SECTION 20-7-2910, RELATING TO REGISTRATION AND INSPECTIONS OF CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE INSPECTIONS TO BE CONDUCTED BEFORE RENEWAL RATHER THAN ANNUALLY; TO AMEND SECTION 20-7-2920, AS AMENDED, RELATING TO INJUNCTIONS AGAINST CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REVISE CONDITIONS FOR SEEKING AN INJUNCTION AGAINST AN OPERATOR; AND TO AMEND SECTION 20-7-3030, RELATING TO DECLARATORY ORDERS OF THE DEPARTMENT OF SOCIAL SERVICES CONCERNING CONSTRUCTION OR RENOVATIONS OF A FACILITY, SO AS TO DELETE THE PROVISION PROHIBITING AN APPEAL OF THESE ORDERS AND REQUIRE THE DEPARTMENT TO PROVIDE CONSULTATION TO ADDRESS ISSUES OF COMPLIANCE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President
Received as information.


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REPORTS OF STANDING COMMITTEES

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

H. 3295 (Word version) -- Rep. Kirsh: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 38, SO AS TO ENACT PROVISIONS GOVERNING AND REGULATING FRATERNAL BENEFIT SOCIETIES, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, CERTAIN CRIMINAL OFFENSES AND PENALTIES, MEMBERSHIP, CONTRACTUAL BENEFITS, AND FINANCES; AND TO REPEAL CHAPTER 37, TITLE 38, RELATING TO FRATERNAL BENEFIT ASSOCIATIONS.
Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

H. 4442 (Word version) -- Reps. Cato and Tripp: A BILL TO ENACT THE "PROTECTED CELL INSURANCE COMPANY ACT" INCLUDING PROVISIONS TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 10, SO AS TO, AMONG OTHER THINGS, AUTHORIZE AN INSURANCE COMPANY TO CREATE AND SEGREGATE AN IDENTIFIED POOL OF ASSETS AND LIABILITIES FROM THE REMAINDER OF THE COMPANY'S ASSETS AND LIABILITIES FOR THE PURPOSE OF ACCESSING ALTERNATIVE SOURCES OF CAPITAL AND ACHIEVING BENEFITS OF INSURANCE SECURITIZATIONS; TO PROVIDE PROCEDURES FOR ESTABLISHING PROTECTED CELL COMPANIES; TO PROVIDE FOR THE USE AND OPERATION OF PROTECTED CELLS; AND TO PROVIDE FOR THE AVAILABILITY OF PROTECTED CELL ASSETS TO CREDITORS AND OTHER CLAIMANTS.
Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

H. 4304 (Word version) -- Rep. Bailey: A BILL TO AMEND SECTION 40-57-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF REAL ESTATE BROKERS-IN-CHARGE AND


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MANAGERS-IN-CHARGE, SO AS TO CLARIFY CERTAIN CIRCUMSTANCES UNDER WHICH A TRUST ACCOUNT MUST BE ESTABLISHED AND MAINTAINED.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 4296 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 14-25-165, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTIONS 22-2-80 AND 22-2-90, ALL RELATING TO THE SELECTION OF THE JURY LIST IN MUNICIPAL AND MAGISTRATE'S COURT, SO AS TO PROVIDE THAT THE COURT MAY DRAW ADDITIONAL NAMES OF QUALIFIED ELECTORS FOR THE JURY LIST IF THE COURT FIRST SEEKS AND RECEIVES THE APPROVAL OF COURT ADMINISTRATION.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4527 (Word version) -- Reps. Stuart, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING THE HENHOUSE MINISTRY OF LEXINGTON


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COUNTY FOR ITS TWENTY-SIX-YEAR HISTORY OF CARE AND CONCERN FOR THE SWANSEA COMMUNITY, THE STATE, AND THE WORLD, AND HONORING THE "CHICKS" WHO MAKE IT POSSIBLE BY QUILTING, CANNING, AND CRAFTING FOR CHARITY.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1098 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND COUNTLESS FRIENDS OF ONE OF THIS STATE'S MOST PROMINENT AND RESPECTED VETERINARIANS, DR. JOHN MICHAEL BOLINGER OF GAFFNEY, SOUTH CAROLINA.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 4528 (Word version) -- Reps. Campsen, Altman, Bailey, Chellis, Edge, Koon, Riser, Sandifer, Stille and Tripp: A BILL TO ENACT THE "HOME INVASION PROTECTION ACT OF 2000" INCLUDING PROVISIONS TO AMEND ARTICLE 5, CHAPTER 11, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSES OF BURGLARY, HOUSEBREAKING, AND ROBBERY, BY ADDING SECTION 16-11-400 SO AS TO PROVIDE FOR THE OFFENSES OF HOME INVASION IN THE FIRST, SECOND, AND THIRD DEGREES WHICH MAKE IT UNLAWFUL FOR A PERSON TO ENTER A DWELLING WITHOUT CONSENT, WITH THE INTENT TO COMMIT A FELONY, LARCENY, OR ASSAULT WHILE ARMED WITH A DANGEROUS WEAPON AND WHILE ANOTHER PERSON IS LAWFULLY PRESENT IN THE DWELLING, AND TO PROVIDE


Printed Page 749 . . . . . Wednesday, February 2, 2000

PENALTIES FOR VIOLATION; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT OFFENSES, SO AS TO INCLUDE HOME INVASION, FIRST AND SECOND DEGREE; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE AS A SEPARATE STATUTORY AGGRAVATING CIRCUMSTANCE WHICH MAY BE CONSIDERED IN THE DETERMINATION OF WHETHER THE DEATH PENALTY SHOULD BE IMPOSED, A MURDER COMMITTED WHILE IN THE COMMISSION OF THE OFFENSE OF HOME INVASION IN THE FIRST DEGREE; AND TO DIRECT THE CODE COMMISSIONER TO PLACE THESE OFFENSES IN THE APPROPRIATE CRIME CLASSIFICATION LISTS IN SECTION 16-1-10 AND SECTION 16-1-90.
Referred to Committee on Judiciary

H. 4529 (Word version) -- Reps. Campsen, Easterday, Hamilton, Leach and Loftis: A BILL TO ENACT THE SOUTH CAROLINA PARENTAL MEDICAL RIGHTS ACT INCLUDING PROVISIONS TO AMEND SECTION 44-29-135, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF SEXUALLY TRANSMITTED DISEASE RECORDS, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO NOTIFY THE PARENTS OF A MINOR WITH A KNOWN CASE OF A SEXUALLY TRANSMITTED DISEASE.
Referred to Committee on Judiciary

H. 4530 (Word version) -- Reps. Kirsh and Simrill: A BILL TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL REQUIRE COUNTYWIDE TOLL FREE CALLING TO BE PROVIDED BY ALL TELEPHONE UTILITIES OPERATING WITHIN YORK COUNTY BY JULY 1, 2000, AND PROVIDE FOR RELATED MATTERS.
Referred to Committee on Labor, Commerce and Industry

H. 4531 (Word version) -- Rep. M. McLeod: A BILL TO AMEND SECTION 2-65-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECOVERY OF INDIRECT COSTS FROM AGENCIES RECEIVING CERTAIN FEDERAL GRANTS OR CONTRACTS, SO AS TO INCREASE FROM TWO HUNDRED THOUSAND TO TWO HUNDRED FIFTY THOUSAND DOLLARS


Printed Page 750 . . . . . Wednesday, February 2, 2000

THE AMOUNT OF THESE FEDERAL GRANTS AND CONTRACTS WHICH ARE EXEMPT FROM THIS COST RECOVERY REQUIREMENT, AND TO PROVIDE FOR AN ANNUAL FIVE PERCENT INCREASE IN THIS TWO HUNDRED FIFTY THOUSAND DOLLAR EXEMPTION AMOUNT BEGINNING JANUARY 1, 2001.
Referred to Committee on Ways and Means

H. 4532 (Word version) -- Reps. Kirsh, Delleney, Meacham-Richardson, McCraw, Moody-Lawrence and Simrill: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 24, 25, AND 26, 2000, BY THE STUDENTS AND TEACHERS OF YORK COUNTY SCHOOL DISTRICT NUMBER ONE DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. KIRSH, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4533 (Word version) -- Reps. Kennedy and Harvin: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON SEPTEMBER 15 AND 16, 1999, BY THE STUDENTS OF THE WILLIAMSBURG COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. CLYBURN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4534 (Word version) -- Reps. Hawkins, Klauber and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-4-170 SO AS TO PROHIBIT A PUBLIC BODY FROM SELLING, PROVIDING, OR FURNISHING TO A PRIVATE PERSON OR ENTITY A PUBLIC RECORD, FOR THE USE BY THAT PRIVATE PERSON OR ENTITY FOR COMMERCIAL SOLICITATION WHICH IS DIRECTED TO A RESIDENT OF THIS STATE.
Referred to Committee on Judiciary


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H. 4535 (Word version) -- Rep. Bales: A BILL TO AMEND SECTION 47-13-1370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TESTS REQUIRED FOR PUBLIC ASSEMBLY OF HORSES, SO AS TO REQUIRE THE COGGINS TEST OR OTHER TEST FOR EQUINE INFECTIOUS ANEMIA BE ADMINISTERED ONLY ONCE EVERY TWENTY-FOUR MONTHS RATHER THAN ONCE EVERY TWELVE MONTHS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

ROLL CALL

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

Allen                  Allison                Altman
Bailey                 Bales                  Barfield
Barrett                Battle                 Bowers
Breeland               Brown, H.              Brown, J.
Campsen                Canty                  Carnell
Cato                   Chellis                Clyburn
Cobb-Hunter            Cooper                 Dantzler
Davenport              Delleney               Easterday
Emory                  Frye                   Gamble
Gilham                 Gourdine               Govan
Hamilton               Harris                 Harrison
Haskins                Hawkins                Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Inabinett
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   Maddox
Martin                 McCraw                 McGee
McLeod, M.             McLeod, W.             McMahand
Meacham-Richardson     Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Parks                  Perry
Phillips               Rhoad                  Rice
Riser                  Robinson               Rodgers
Rutherford             Sandifer               Scott

Printed Page 752 . . . . . Wednesday, February 2, 2000

Sharpe                 Sheheen                Simrill
Smith, D.              Smith, R.              Stille
Stuart                 Taylor                 Townsend
Trotter                Walker                 Webb
Whatley                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, February 2.

Dwight Loftis                     Alex Harvin
Harry Askins                      Tracy Edge
James Smith                       Grady Brown
Fletcher Smith                    Richard Quinn
Ronald Fleming                    Lynn Seithel
Chip Huggins                      Steve Lanford
Woodrow McKay                     Bill Cotty
Theodore Brown                    Clementa Pinckney
Daniel Tripp                      Jackson Whipper

Total Present--121

LEAVE OF ABSENCE

The SPEAKER granted Rep. HARRELL a leave of absence due to a death in the family.

DOCTOR OF THE DAY

Announcement was made that Dr. C. Tucker Weston of Columbia is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name


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at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 3770 (Word version)
Date:   ADD:
02/02/00   RICE

CO-SPONSOR ADDED

Bill Number:   H. 3770 (Word version)
Date:   ADD:
02/02/00   EASTERDAY

CO-SPONSOR ADDED

Bill Number:   H. 4470 (Word version)
Date:   ADD:
02/02/00   HUGGINS

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:

S. 143 (Word version) -- Senators Passailaigue, Mescher and Ravenel: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON SCHOOL DISTRICT SO AS TO DEVOLVE THE BUDGETARY POWERS UPON THE CHARLESTON COUNTY COUNCIL.

SENT TO THE SENATE

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

H. 4443 (Word version) -- Rep. Miller: A BILL TO AMEND ACT 592 OF 1994, RELATING TO THE GEORGETOWN COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE OFFICE OF CHAIRMAN SHALL NO LONGER BE A SEPARATE AND


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DISTINCT OFFICE AFTER THE EXPIRATION OF THE TERM OF THE CURRENT CHAIRMAN, AND THAT THE CHAIRMAN OF THE BOARD THEREAFTER SHALL BE ELECTED BY THE MEMBERS THEREOF.

H. 4496 (Word version) -- Rep. D. Smith: A BILL TO AMEND ACT 321 OF 1969, AS AMENDED, RELATING TO THE CREATION OF THE DRAYTON FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT THE BOARD OF FIRE CONTROL MAY BORROW FROM FIVE HUNDRED THOUSAND TO SEVEN HUNDRED FIFTY THOUSAND DOLLARS.

H. 4502 (Word version) -- Reps. R. Smith, Clyburn, Huggins, Perry and Sharpe: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED IN JANUARY, 2000, BY THE STUDENTS AND TEACHERS OF ANY SCHOOL OF THE AIKEN COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO ICE, SNOW, AND RESULTING HAZARDOUS ROAD CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 4392 (Word version) -- Rep. Wilkes: A BILL TO AMEND CHAPTER 6 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF AUCTIONEERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR COMMISSIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF AUCTIONEERS.

H. 4520--DEBATE ADJOURNED

Rep. ROBINSON moved to adjourn debate upon the following Joint Resolution until Thursday, February 3, which was adopted:

H. 4520 (Word version) -- Reps. Robinson, Rice, Webb and Trotter: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 19, 2000, BY THE STUDENTS AND TEACHERS


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OF GETTYS MIDDLE SCHOOL IN THE PICKENS COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN WATER MAIN IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

S. 1034--DEBATE ADJOURNED

Rep. M. HINES moved to adjourn debate upon the following Bill until Thursday, February 10, which was adopted:

S. 1034 (Word version) -- Senators Leatherman, Glover, Elliott, Land, McGill and Saleeby: A BILL TO AMEND SECTION 7-7-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN FLORENCE COUNTY, SO AS TO COMBINE THE BACK SWAMP AND QUINBY PRECINCTS AND REDESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

ORDERED TO THIRD READING

The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:

S. 862 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEXTBOOK ADOPTION REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2425, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WALKER explained the Joint Resolution.

H. 4139 (Word version) -- Reps. Barrett and Townsend: A BILL TO AMEND SECTION 56-1-2100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COMMERCIAL DRIVER LICENSE, SO AS TO ESTABLISH AN "S" ENDORSEMENT WHICH AUTHORIZES A PERSON TO DRIVE DEPARTMENT OF


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EDUCATION SCHOOL BUSES OR SCHOOL DISTRICT OWNED ACTIVITY BUSES.

Rep. STUART explained the Bill.

H. 4340 (Word version) -- Reps. Breeland and Whipper: A BILL TO AMEND SECTION 56-3-8000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THESE LICENSE PLATES MAY ALSO BE ISSUED TO SOCIAL AND RECREATION CLUBS THAT HAVE OBTAINED CERTIFICATION PURSUANT TO SECTION 501(C)(7) OF THE FEDERAL INTERNAL REVENUE CODE.

Rep. STUART explained the Bill.

H. 4487 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF ELEVATOR AND AMUSEMENT RIDE SAFETY, RELATING TO NEW AND EXISTING FACILITIES, PLATFORM AND STAIRWAY CHAIR LIFTS, SUMP PUMPS OR DRAINS IN ELEVATOR PITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2464, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. LAW explained the Joint Resolution.

H. 4523 (Word version) -- Reps. Stille, Townsend and Carnell: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 32 SO AS TO PROVIDE FOR THE ISSUANCE OF AND A TWENTY-DOLLAR FEE FOR TEMPORARY LICENSE PLATES AND REGISTRATION CARDS TO MANUFACTURERS OF TRAILERS AND SEMI-TRAILERS WHO IN TURN MAY ISSUE THEM FOR TRAILERS AND SEMI-TRAILERS BEING MOVED FROM THE MANUFACTURER'S PLACE OF BUSINESS TO A DEALER OR


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PURCHASER'S PLACE OF BUSINESS, AND TO PROVIDE A PENALTY FOR A VIOLATION OF THIS ARTICLE.

Rep. STILLE explained the Bill.

H. 3770--OBJECTION AND REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3770 (Word version) -- Reps. Cato, Wilkins, Tripp, Sandifer, Rice and Easterday: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41, CONCERNING "THE RIGHT TO WORK" AND TO AUTHORIZE CERTAIN POWERS AND IMPART DUTIES TO CARRY THIS OUT; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, AND TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED; TO AMEND SECTION 41-7-30 RELATING TO PROHIBITING AN EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT SO AS TO INCLUDE IN THE PROHIBITION AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A LABOR ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; TO AMEND SECTION 41-7-40 RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES SO AS TO AUTHORIZE SUCH DEDUCTION IF AN EMPLOYEE ENTERS A WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION; AND TO AMEND SECTION 41-7-90 RELATING TO REMEDIES FOR VIOLATIONS OF RIGHTS SO AS TO CREATE A PRIVATE CAUSE OF ACTION ON BEHALF OF AN EMPLOYEE AGGRIEVED BY VIOLATIONS OF THIS CHAPTER.


Printed Page 758 . . . . . Wednesday, February 2, 2000

Reps. EASTERDAY, HASKINS, ROBINSON, RICE, LAW, HAMILTON, LOFTIS, LEACH, BARRETT, DAVENPORT and TROTTER requested debate on the Bill.

Rep. COBB-HUNTER objected to the Bill.

Reps. MEACHAM-RICHARDSON, KIRSH, ALLISON, R. SMITH, CAMPSEN, ALTMAN, BREELAND, MACK, INABINETT, KNOTTS, WHATLEY, MCGEE, WOODRUM, OTT, HINSON, YOUNG-BRICKELL, BAILEY, CHELLIS, KELLEY, WITHERSPOON, SANDIFER, HAYES, BALES, GOVAN, LLOYD, PINCKNEY, ALLEN, M. HINES, MOODY-LAWRENCE and PARKS requested debate on the Bill.

H. 3693--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3693 (Word version) -- Reps. J. Smith, Lourie and W. McLeod: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO PROVIDE FOR ADDITIONAL DEFINITIONS, TO PROVIDE THAT A TELEPHONE SOLICITOR WHO MAKES AN UNSOLICITED CONSUMER TELEPHONE CALL MUST DISCLOSE PROMPTLY TO THE PERSON RECEIVING THE CALL THE IDENTITY OF THE SELLER, THAT THE PURPOSE OF THE CALL IS TO SELL GOODS OR SERVICES, THE NATURE OF THE GOODS OR SERVICES, THAT NO PURCHASE OR PAYMENT IS NECESSARY TO WIN OR PARTICIPATE IN A PRIZE PROMOTION IF A PRIZE PROMOTION IS OFFERED, AND THAT, WHEN REQUESTED, THE TELEMARKETER MUST DISCLOSE THE NO PURCHASE/NO PAYMENT ENTRY METHOD FOR THE PRIZE PROMOTION, AND TO REVISE THE METHOD BY WHICH THE CALLED PARTY'S NAME MAY BE DELETED FROM THE SOLICITOR'S CALLING LIST.

THE LABOR, COMMERCE AND INDUSTRY COMMITTEE proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20672SD99), which was adopted:


Printed Page 759 . . . . . Wednesday, February 2, 2000

Amend the bill, as and if amended, in Section 16-17-445(B) of the 1976 Code, as contained in SECTION 1, by striking beginning on line 6, page 3, / ; and

(3)(5)   remove the called party's name and telephone number from in-house calling lists if the called party asks the solicitor not to call again upon request of the called party, the solicitor's address to which the called party may send by mail to require that the called party's name and telephone number be deleted from the solicitor's in-house calling list/ and inserting /; and

(3)(5)   remove the called party's name and telephone number from in-house calling lists if the called party asks the solicitor not to call again/.
When amended subsection (B) shall read:

"(B)   Any A telephone solicitor who makes an unsolicited consumer telephone call shall:

(1)   identify himself and the business on whose behalf he is soliciting immediately upon making contact by telephone with the person who is the object of the telephone solicitation; and

(2)   within thirty seconds after beginning the conversation state the purpose of the call, allow the person called the opportunity to respond, and if the response is negative discontinue the call; and
disclose promptly and in a clear conspicuous manner to the person receiving the call, the following information:

(1)   the identity of the seller;

(2)   that the purpose of the call is to sell goods or services;

(3)   the nature of the goods or services; and

(4)   that no purchase or payment is necessary to be able to win a prize or participate in a prize promotion if a prize promotion is offered. This disclosure must be made before or in conjunction with the description of the prize to the person called. If requested by that person, the telemarketer must disclose the no purchase/no payment entry method for the prize promotion; and

(3)(5)   remove the called party's name and telephone number from in-house calling lists if the called party asks the solicitor not to call again."
Renumber sections to conform.
Amend totals and title to conform.

Rep. LAW explained the amendment.
The amendment was then adopted.


Printed Page 760 . . . . . Wednesday, February 2, 2000

Rep. LAW explained the Bill.

The Bill, as amended, was read the second time and ordered to third reading.

H. 4483--DEBATE ADJOURNED

The following Joint Resolution was taken up:

H. 4483 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO THE PRINCIPAL INDUCTION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2427, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WALKER explained the Joint Resolution.

Rep. WALKER moved to adjourn debate on the Joint Resolution until Thursday, February 3, which was agreed to.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. RICE.

H. 4017--DEBATE ADJOURNED

Rep. KEEGAN moved to adjourn debate upon the following Bill until Wednesday, February 9, which was adopted:

H. 4017 (Word version) -- Ways and Means Committee: A BILL TO MAKE FINDINGS OF LEGISLATIVE INTENT WITH RESPECT TO THE SPECIAL NEEDS OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS TO MAINTAIN MAXIMUM FLEXIBILITY IN MANAGEMENT AND OPERATIONS; TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA SHALL CONSTITUTE THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY FOR THE MANAGEMENT AND OPERATION OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS IN ORDER TO PROVIDE A HIGH LEVEL OF


Printed Page 761 . . . . . Wednesday, February 2, 2000

MANAGEMENT AND OPERATIONAL FLEXIBILITY TO THE AUTHORITY AND REMOVE THE HOSPITALS AND CLINICS FROM CENTRAL STATE PROGRAM REGULATION OF PROCUREMENT, REAL PROPERTY, AND HUMAN RESOURCES, TO SET FORTH THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES AS THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY; TO AMEND SECTION 8-11-260, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE PERSONNEL POLICIES AND REQUIREMENTS, SO AS TO EXEMPT EMPLOYEES OF THE HOSPITALS AND CLINICS FROM BUDGET AND CONTROL BOARD PERSONNEL ADMINISTRATION; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO EXEMPT MEDICAL UNIVERSITY HOSPITAL AND CLINIC EMPLOYEES FROM THE STATE EMPLOYEE GRIEVANCE ACT; AND TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE PROCUREMENT CODE, SO AS TO ADD AN EXEMPTION TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS.

H. 3770--INTERRUPTED DEBATE

The following Bill was taken up:

H. 3770 (Word version) -- Reps. Cato, Wilkins, Tripp, Sandifer, Rice and Easterday: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41, CONCERNING "THE RIGHT TO WORK" AND TO AUTHORIZE CERTAIN POWERS AND IMPART DUTIES TO CARRY THIS OUT; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, AND TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED; TO AMEND SECTION 41-7-30 RELATING TO PROHIBITING AN EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION


Printed Page 762 . . . . . Wednesday, February 2, 2000

OF EMPLOYMENT SO AS TO INCLUDE IN THE PROHIBITION AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A LABOR ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; TO AMEND SECTION 41-7-40 RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES SO AS TO AUTHORIZE SUCH DEDUCTION IF AN EMPLOYEE ENTERS A WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION; AND TO AMEND SECTION 41-7-90 RELATING TO REMEDIES FOR VIOLATIONS OF RIGHTS SO AS TO CREATE A PRIVATE CAUSE OF ACTION ON BEHALF OF AN EMPLOYEE AGGRIEVED BY VIOLATIONS OF THIS CHAPTER.

Rep. CATO explained the Bill.

Rep. GOVAN spoke against the Bill.

Rep. GOVAN moved to adjourn debate on the Bill.

Rep. CATO moved to table the motion.

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

Yeas 68; Nays 38

Those who voted in the affirmative are:

Allison                Altman                 Askins
Barfield               Barrett                Brown, H.
Campsen                Carnell                Cato
Chellis                Cooper                 Dantzler
Davenport              Delleney               Easterday
Edge                   Frye                   Gamble
Gilham                 Hamilton               Harris
Harrison               Harvin                 Haskins
Hawkins                Hinson                 Keegan
Kelley                 Kirsh                  Knotts
Koon                   Law                    Leach
Limehouse              Littlejohn             Loftis
Lourie                 Lucas                  Martin
McCraw                 McGee                  Meacham-Richardson

Printed Page 763 . . . . . Wednesday, February 2, 2000

Neal, J.M.             Neilson                Perry
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Sheheen                Simrill                Smith, D.
Smith, J.              Smith, R.              Stille
Stuart                 Townsend               Trotter
Walker                 Webb                   Whatley
Wilder                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--68

Those who voted in the negative are:

Allen                  Bailey                 Bales
Breeland               Brown, G.              Brown, J.
Canty                  Clyburn                Cobb-Hunter
Emory                  Gourdine               Govan
Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Inabinett
Jennings               Kennedy                Lee
Lloyd                  Mack                   Maddox
McLeod, M.             McLeod, W.             McMahand
Miller                 Moody-Lawrence         Neal, J.H.
Ott                    Parks                  Phillips
Pinckney               Rutherford             Scott
Smith, F.              Wilkes

Total--38

So, the motion to adjourn debate was tabled.

Rep. J. H. NEAL spoke against the Bill.

LEAVE OF ABSENCE

The SPEAKER granted Rep. M. HINES a leave of absence for the remainder of the day to attend a funeral.

Rep. J. H. NEAL continued speaking.


Printed Page 764 . . . . . Wednesday, February 2, 2000

POINT OF ORDER

Rep. COBB-HUNTER raised the Point of Order that the Bill was out of order in that an inaccurate fiscal impact statement was attached to the Bill which incorrectly reflected the impact of the Bill once it had come out of committee.
SPEAKER WILKINS stated that the fiscal impact statement attached to the Bill was correct and he therefore overruled the Point of Order.

Rep. J. H. NEAL continued speaking.

POINT OF ORDER

Rep. SCOTT raised the Point of Order that the Bill was out of order in that it was improperly drafted.
SPEAKER WILKINS overruled the Point of Order.

Rep. J. H. NEAL continued speaking.

Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of the Bill, Rep. J. H. NEAL having the floor.

JOINT ASSEMBLY

At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

ELECTION OF A PUBLIC SERVICE COMMISSION MEMBER
SECOND CONGRESSIONAL DISTRICT

The Reading Clerk of the House read the following Concurrent Resolution:

S. 1018 (Word version) -- Senator Holland: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 2, 2000, AS THE TIME CERTAIN FOR ELECTING A SUCCESSOR TO A COMMISSIONER OF THE PUBLIC SERVICE COMMISSION FOR THE SECOND CONGRESSIONAL DISTRICT, WHOSE TERM EXPIRES JUNE 30, 2002.


Printed Page 765 . . . . . Wednesday, February 2, 2000

The ACTING PRESIDENT, Senator LAND, recognized Senator HOLLAND, Chairman of the Committee to Screen Candidates for the Public Service Commission.

Senator HOLLAND stated that the following candidates had been screened and found qualified: James Blake Atkins, Lynwood A. Avin, Michael L. Bell, Darrell W. Boyd, Jonathan W. Brown, David N. Gibson, John A. McAllister, Jr., Kaye H. O'Neil, Sidney F. Thomas, Jr., and C. JoAnne Wessinger.

Senator HOLLAND stated that John A. McAllister, Jr. had withdrawn from the race.

Senator HOLLAND placed the remaining names in nomination and moved that nominations be closed.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Atkins:

Anderson               Branton                Bryan
Courtney               Drummond               Elliott
Ford                   Glover                 Grooms
Hayes                  Holland                Hutto
Jackson                Land                   Leatherman
Leventis               Martin                 Matthews
McConnell              McGill                 Moore
O'Dell                 Passailaigue           Patterson
Peeler                 Rankin                 Ravenel
Reese                  Russell                Saleeby
Setzler                Short                  Smith, J. V.
Thomas                 Waldrep

Total--35

The following named Senators voted for Mr. Avin:

Total--0


Printed Page 766 . . . . . Wednesday, February 2, 2000

The following named Senators voted for Mr. Bell:

Total--0

The following named Senators voted for Mr. Boyd:

Total--0

The following named Senators voted for Mr. Brown:

Total--0

The following named Senators voted for Mr. Gibson:

Total--0

The following named Senators voted for Ms. O'Neil:

Total--0

The following named Senators voted for Mr. Thomas:

Total--0

The following named Senators voted for Ms. Wessinger:

Alexander              Bauer                  Courson
Fair                   Giese                  Gregory
Mescher                Richardson             Ryberg
Wilson

Total--10

On motion of Rep. COBB-HUNTER, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Atkins:

Allen                  Askins                 Bales
Barfield               Barrett                Battle
Bowers                 Breeland               Brown, T.
Canty                  Carnell                Clyburn
Cobb-Hunter            Delleney               Emory

Printed Page 767 . . . . . Wednesday, February 2, 2000

Fleming                Frye                   Gourdine
Govan                  Harris                 Harrison
Harvin                 Hawkins                Hayes
Hines, J.              Hosey                  Inabinett
Jennings               Kennedy                Kirsh
Lee                    Lloyd                  Lourie
Lucas                  Mack                   Maddox
McCraw                 McGee                  McKay
McLeod, M.             McLeod, W.             McMahand
Miller                 Neal, J.H.             Neal, J.M.
Neilson                Ott                    Parks
Perry                  Pinckney               Rutherford
Scott                  Sheheen                Smith, D.
Smith, F.              Smith, J.              Stille
Stuart                 Webb                   Whatley
Wilder                 Wilkes                 Wilkins
Witherspoon

Total--64

The following named Representatives voted for Mr. Avin:

Total--0

The following named Representatives voted for Mr. Bell:

Total--0

The following named Representatives voted for Mr. Boyd:

Total--0

The following named Representatives voted for Mr. Brown:

Total--0

The following named Representatives voted for Mr. Gibson:

Total--0


Printed Page 768 . . . . . Wednesday, February 2, 2000

The following named Representatives voted for Ms. O'Neil:

Total--0

The following named Representatives voted for Mr. Thomas:

Total--0

The following named Representatives voted for Ms. Wessinger:

Allison                Altman                 Bailey
Brown, H.              Brown, J.              Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Easterday              Edge                   Gamble
Gilham                 Hamilton               Haskins
Hinson                 Howard                 Huggins
Keegan                 Kelley                 Knotts
Koon                   Lanford                Law
Leach                  Limehouse              Littlejohn
Loftis                 Martin                 Meacham-Richardson
Moody-Lawrence         Phillips               Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Simrill
Smith, R.              Townsend               Tripp
Trotter                Walker                 Woodrum
Young-Brickell

Total--52

RECAPITULATION

Total number of Senators voting   45
Total number of Representatives voting   116
Grand Total   161
Necessary to a choice   81
Of which Atkins received   99
Of which Avin received   0
Of which Bell received   0
Of which Boyd received   0
Of which Brown received   0
Of which Gibson received   0


Printed Page 769 . . . . . Wednesday, February 2, 2000

Of which O'Neil received   0
Of which Thomas received   0
Of which Wessinger received   62

Whereupon, the PRESIDENT announced that Mr. John Blake Atkins was duly elected for the term prescribed by law.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:25 p.m. the House resumed, the SPEAKER in the Chair.

Rep. GOVAN moved that the House do now adjourn.

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

Yeas 27; Nays 68

Those who voted in the affirmative are:

Allen                  Bailey                 Breeland
Brown, G.              Brown, J.              Canty
Carnell                Cobb-Hunter            Emory
Govan                  Harvin                 Hosey
Howard                 Lee                    Lloyd
Mack                   McLeod, M.             McLeod, W.
McMahand               Moody-Lawrence         Neal, J.H.
Neal, J.M.             Parks                  Pinckney
Rutherford             Scott                  Smith, F.

Total--27

Those who voted in the negative are:

Allison                Altman                 Bales
Barfield               Barrett                Brown, H.
Cato                   Chellis                Cooper
Dantzler               Davenport              Easterday
Edge                   Fleming                Frye

Printed Page 770 . . . . . Wednesday, February 2, 2000

Gamble                 Gilham                 Hamilton
Harris                 Harrison               Haskins
Hawkins                Hinson                 Huggins
Keegan                 Kelley                 Kirsh
Knotts                 Koon                   Lanford
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lourie
Lucas                  Martin                 McCraw
McGee                  McKay                  Meacham-Richardson
Neilson                Perry                  Phillips
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Simrill                Smith, D.
Smith, R.              Stille                 Stuart
Townsend               Tripp                  Trotter
Walker                 Webb                   Whatley
Wilder                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--68

So, the House refused to adjourn.

H. 3770--ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. J. H. NEAL having the floor:

H. 3770 (Word version) -- Reps. Cato, Wilkins, Tripp, Sandifer, Rice and Easterday: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-7-75 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO ENSURE COMPLIANCE WITH THE PROVISIONS OF CHAPTER 7, TITLE 41, CONCERNING "THE RIGHT TO WORK" AND TO AUTHORIZE CERTAIN POWERS AND IMPART DUTIES TO CARRY THIS OUT; BY ADDING SECTION 41-7-100 SO AS TO ESTABLISH PENALTIES FOR VIOLATIONS OF CHAPTER 7, TITLE 41, AND TO REQUIRE THE DIRECTOR TO PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PENALTIES ASSESSED; TO AMEND SECTION 41-7-30 RELATING TO PROHIBITING AN


Printed Page 771 . . . . . Wednesday, February 2, 2000

EMPLOYER FROM REQUIRING OR PROHIBITING MEMBERSHIP IN A LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT SO AS TO INCLUDE IN THE PROHIBITION AN AGREEMENT OR PRACTICE THAT HAS THE EFFECT OF REQUIRING SUCH MEMBERSHIP AND TO PROHIBIT A LABOR ORGANIZATION FROM INDUCING AN EMPLOYER TO VIOLATE THIS SECTION; TO AMEND SECTION 41-7-40 RELATING TO THE AUTHORITY TO DEDUCT LABOR ORGANIZATION MEMBERSHIP DUES FROM WAGES SO AS TO AUTHORIZE SUCH DEDUCTION IF AN EMPLOYEE ENTERS A WRITTEN AGREEMENT AUTHORIZING THE DEDUCTION; AND TO AMEND SECTION 41-7-90 RELATING TO REMEDIES FOR VIOLATIONS OF RIGHTS SO AS TO CREATE A PRIVATE CAUSE OF ACTION ON BEHALF OF AN EMPLOYEE AGGRIEVED BY VIOLATIONS OF THIS CHAPTER.

Rep. J. H. NEAL continued speaking.

Rep. CATO moved cloture on the entire matter.

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

Yeas 61; Nays 47

Those who voted in the affirmative are:

Allison                Altman                 Askins
Barfield               Barrett                Brown, H.
Campsen                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Delleney               Easterday              Edge
Fleming                Frye                   Gamble
Hamilton               Harrison               Haskins
Hawkins                Hinson                 Huggins
Keegan                 Kelley                 Kirsh
Knotts                 Koon                   Lanford
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Martin                 McCraw                 McGee
Meacham-Richardson     Perry                  Quinn
Rice                   Riser                  Rodgers
Sandifer               Seithel                Sharpe

Printed Page 772 . . . . . Wednesday, February 2, 2000

Simrill                Smith, D.              Smith, R.
Stille                 Townsend               Trotter
Walker                 Webb                   Whatley
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--61

Those who voted in the negative are:

Allen                  Bailey                 Bales
Battle                 Bowers                 Breeland
Brown, G.              Brown, J.              Brown, T.
Canty                  Carnell                Clyburn
Cobb-Hunter            Davenport              Emory
Gourdine               Govan                  Harris
Harvin                 Hayes                  Hines, J.
Hosey                  Howard                 Inabinett
Jennings               Lee                    Lloyd
Lourie                 Mack                   McLeod, M.
McLeod, W.             McMahand               Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Neilson                Ott                    Parks
Pinckney               Rhoad                  Rutherford
Scott                  Sheheen                Smith, F.
Smith, J.              Wilder

Total--47

So, cloture was ordered.

Rep. HOWARD moved that the House recede until 2:00 p.m.

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

Yeas 29; Nays 77

Those who voted in the affirmative are:

Allen                  Breeland               Brown, G.
Brown, J.              Canty                  Cobb-Hunter
Gourdine               Govan                  Hamilton
Harrison               Haskins                Hines, J.

Printed Page 773 . . . . . Wednesday, February 2, 2000

Hosey                  Howard                 Inabinett
Lee                    Littlejohn             Mack
McLeod, M.             McLeod, W.             Moody-Lawrence
Neal, J.H.             Parks                  Pinckney
Rutherford             Scott                  Smith, F.
Trotter                Wilder

Total--29

Those who voted in the negative are:

Allison                Altman                 Askins
Bailey                 Bales                  Barfield
Barrett                Battle                 Brown, H.
Campsen                Carnell                Cato
Chellis                Cooper                 Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Frye                   Gamble                 Gilham
Harris                 Harvin                 Hawkins
Hinson                 Huggins                Jennings
Keegan                 Kelley                 Kirsh
Knotts                 Koon                   Lanford
Law                    Leach                  Limehouse
Loftis                 Lourie                 Lucas
Martin                 McCraw                 McGee
Meacham-Richardson     Miller                 Neal, J.M.
Neilson                Ott                    Perry
Phillips               Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, J.              Smith, R.
Stille                 Stuart                 Townsend
Tripp                  Walker                 Webb
Whatley                Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--77

So, the House refused to recede.


Printed Page 774 . . . . . Wednesday, February 2, 2000

Rep. MARTIN proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\AMEND\20939SD00), which was ruled out of order:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION   ____.   The 1976 Code is amended by adding:

"Section 41-7-76.   It is a violation of this chapter for an employer to pay a female employee less than a male employee for comparable employment. Any person or employer who violates this section shall be punished as provided in Section 41-7-100."/
Renumber sections to conform.
Amend totals and title to conform.

Rep. MARTIN explained the amendment.

POINT OF ORDER

Rep. LAW raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill in that the amendment dealt with wages for female workers and the Bill dealt with employment law and union membership as a requirement of employment.
Rep. MARTIN argued contra.
Rep. COBB-HUNTER argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. COBB-HUNTER proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\AMEND\20940SD00), which was tabled:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION   ____.   The 1976 Code is amended by adding:

"Section 41-7-77.   Nothing contained in this chapter abolishes the right of a worker to join a union, have access to his personnel records, or file a grievance covered under federal laws." /
Renumber sections to conform.
Amend totals and title to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. CATO moved to table the amendment.


Printed Page 775 . . . . . Wednesday, February 2, 2000

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

Yeas 72; Nays 33

Those who voted in the affirmative are:

Allison                Altman                 Askins
Barfield               Barrett                Battle
Campsen                Carnell                Cato
Chellis                Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Frye                   Gamble
Hamilton               Harris                 Harrison
Haskins                Hawkins                Huggins
Keegan                 Kelley                 Kirsh
Knotts                 Koon                   Lanford
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lourie
Lucas                  Martin                 McCraw
McGee                  McKay                  Meacham-Richardson
Neal, J.M.             Perry                  Phillips
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sheheen                Simrill
Smith, D.              Smith, R.              Stille
Stuart                 Townsend               Tripp
Trotter                Walker                 Webb
Whatley                Wilder                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--72

Those who voted in the negative are:

Allen                  Bales                  Bowers
Breeland               Brown, J.              Brown, T.
Canty                  Clyburn                Cobb-Hunter
Gourdine               Govan                  Harvin
Hayes                  Hines, J.              Hosey
Inabinett              Jennings               Lee
Lloyd                  Mack                   McLeod, W.
McMahand               Miller                 Moody-Lawrence

Printed Page 776 . . . . . Wednesday, February 2, 2000

Neal, J.H.             Neilson                Ott
Pinckney               Rhoad                  Rutherford
Scott                  Smith, F.              Smith, J.

Total--33

So, the amendment was tabled.

Rep. MOODY-LAWRENCE proposed the following Amendment No. 4 (Doc Name COUNCIL\NBD\AMEND\11693AC00), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___.   The 1976 Code is amended by adding:

"Section 41-7-110.   Notwithstanding any other provision of law, an employer shall pay equal salaries to all employees performing the same or substantially the same job duties without regard to race, gender, or creed."/
Renumber sections to conform.
Amend totals and title to conform.

Rep. MOODY-LAWRENCE explained the amendment.

POINT OF ORDER

Rep. LAW raised the Point of Order that Amendment No. 4 was out of order in that it was not germane to the Bill in that the amendment dealt with wages for employees of all genders, nationalities and races and the bill dealt with employment law and union membership as a requirement of employment.
Rep. MOODY-LAWRENCE argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. SCOTT proposed the following Amendment No. 5 (Doc Name COUNCIL\PSD\AMEND\7057SOM00), which was tabled:
Amend the bill, as and if amended, by striking SECTIONS 1 and 2 in their entirety.
Amend the bill further by striking SECTIONS 3, 4, and 5 and inserting:
/   SECTION   1.   Section 41-7-30 of the 1976 Code is amended to read:


Printed Page 777 . . . . . Wednesday, February 2, 2000

"Section 41-7-30.   It shall be is unlawful for any an employer to require an employee, as a condition of employment, or of continuance of employment to:

(1)   To require any employee, as a condition of employment, or of continuance of employment, to be or become or remain a member or affiliate of any a labor organization or agency;

(2)   To require any employee, as a condition of employment, or of continuance of employment, to abstain or refrain from membership in any a labor organization; or

(3) To require any employee, as a condition of employment, or of continuance of employment, to pay any fees, dues, assessments, or other charges or sums of money whatsoever to any a person or organization."
SECTION   2.   Section 41-7-40 of the 1976 Code is amended to read:

"Section 41-7-40.   Nothing in this chapter shall preclude any precludes an employer from deducting from the wages of the employees and paying over to any a labor organization, or its authorized representative, membership dues in a labor organization; provided, that however, the employer has must have received from each employee, on whose account such the deductions are made, a written assignment which shall not only may be irrevocable for a period of more than one year, or beyond until the termination date of any applicable collective agreement or assignment, whichever occurs sooner."
SECTION   3.   Section 41-7-90 of the 1976 Code is amended to read:

"Section 41-7-90.   Any A person whose rights are adversely affected by any a contract, agreement, assemblage, or other act or thing done or threatened to be done and declared to be unlawful or prohibited by this chapter shall have has the right to apply to any a court having general equity jurisdiction for appropriate relief. The court, in any such proceeding, may grant and issue such restraining, and other, orders as may be appropriate, including an injunction restraining and enjoining the performance, continuance, maintenance, or commission of any such contract, agreement, assemblage, act or thing, and may determine and award, as justice may require, any actual damages, costs, and attorneys' fees which have been sustained or incurred by any a party to the action, and, in the discretion of the court or jury, punitive damages in addition to the actual damages. The provisions of this section are cumulative and are in addition to all other remedies now or hereafter provided by law."   /


Printed Page 778 . . . . . Wednesday, February 2, 2000

Renumber sections to conform.
Amend title to conform.

Rep. SCOTT explained the amendment.
Rep. CATO spoke against the amendment.

Rep. CATO moved to table the amendment.

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

Yeas 75; Nays 33

Those who voted in the affirmative are:

Allison                Altman                 Askins
Barfield               Barrett                Battle
Brown, H.              Campsen                Cato
Chellis                Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Frye                   Gamble
Gilham                 Hamilton               Harris
Harrison               Haskins                Hawkins
Hinson                 Huggins                Jennings
Keegan                 Kirsh                  Knotts
Koon                   Lanford                Law
Leach                  Limehouse              Littlejohn
Loftis                 Lourie                 Lucas
Martin                 McCraw                 McGee
McKay                  Meacham-Richardson     Neal, J.M.
Perry                  Phillips               Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, J.              Smith, R.
Stille                 Stuart                 Townsend
Tripp                  Trotter                Walker
Webb                   Whatley                Wilder
Wilkins                Woodrum                Young-Brickell

Total--75


Printed Page 779 . . . . . Wednesday, February 2, 2000

Those who voted in the negative are:
Allen                  Bales                  Bowers
Breeland               Brown, G.              Brown, J.
Brown, T.              Canty                  Clyburn
Cobb-Hunter            Gourdine               Govan
Harvin                 Hayes                  Hines, J.
Hosey                  Inabinett              Kennedy
Lloyd                  Mack                   McLeod, M.
McLeod, W.             McMahand               Miller
Moody-Lawrence         Neal, J.H.             Neilson
Ott                    Parks                  Pinckney
Rutherford             Scott                  Wilkes

Total--33

So, the amendment was tabled.

Reps. WILKINS and CATO proposed the following Amendment No. 6 (Doc Name COUNCIL\GJK\AMEND\20936SD00), which was tabled:
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 41-7-75.   (A)   The Director of the South Carolina Department of Labor, Licensing and Regulation or his designee shall ensure compliance with this chapter and shall cooperate with an employee in the investigation and enforcement of a meritorious claim against an employer. Hearings may be held to satisfy the director as to the justice of any claim.

(B)   The Director of the Department of Labor, Licensing and Regulation or his designee may enter a place of employment for the purpose of evaluating compliance with this chapter. Any effort of a person or entity to obstruct the director or his designee in the performance of duties under this chapter are a violation of this chapter and punishable accordingly.

(C)   If the director or his designee is denied admission to a place of employment, a warrant may be obtained pursuant to Section 41-15-260."
SECTION   2.   The 1976 Code is amended by adding:

"Section 41-7-100.   (A)   A person who violates the provisions of this chapter may be assessed by the Director of the Department of


Printed Page 780 . . . . . Wednesday, February 2, 2000

Labor, Licensing and Regulation a civil penalty of not more than one hundred dollars for each offense.

(B)   The director shall promulgate regulations establishing procedures for administrative review of civil penalties assessed under this chapter."
SECTION   3.   Section 41-7-30 of the 1976 Code is amended to read:

"Section 41-7-30.   (A)   It shall be is unlawful for any an employer to require an employee, as a condition of employment, or of continuance of employment to:

(1)   To require any employee, as a condition of employment, or of continuance of employment, to be or become or remain a member or affiliate of any a labor organization or agency;

(2)   To require any employee, as a condition of employment, or of continuance of employment, to abstain or refrain from membership in any a labor organization; or

(3) To require any employee, as a condition of employment, or of continuance of employment, to pay any fees, dues, assessments, or other charges or sums of money whatsoever to any a person or organization.

(B)   It is unlawful for a person or a labor organization to directly or indirectly participate in an agreement, arrangement, or practice that has the effect of requiring, as a condition of employment, that an employee be, become, or remain a member of a labor organization or pay to a labor organization any dues, fees, or any other charges; such an agreement is unenforceable.

(C)   It is unlawful for a person or a labor organization to induce, cause, or encourage an employer to violate a provision of this section."
SECTION   4.   Section 41-7-40 of the 1976 Code is amended to read:

"Section 41-7-40.   Nothing in this chapter shall preclude any precludes an employer from deducting from the wages of the employees and paying over to any a labor organization, or its authorized representative, membership dues in a labor organization; provided, that however, the employer has must have received from each employee, on whose account such the deductions are made, a written assignment which shall not only may be irrevocable for a period of more than one year, or beyond until the termination date of any applicable collective agreement or assignment, whichever occurs sooner."
SECTION   5.   Section 41-7-90 of the 1976 Code is amended to read:

"Section 41-7-90.   (A)   A person who may be caused to be denied or denied employment or be deprived of continuation of employment


Printed Page 781 . . . . . Wednesday, February 2, 2000

through force, intimidation, obstruction, interference, or threat of these or in violation of this chapter is entitled to recover from the employer and from any other person, firm, corporation, or association by appropriate action in the courts of this State such damages as the person may have sustained by reason of the denial or deprivation of employment including, in the discretion of the court or jury, punitive damages in addition to the actual damages.

(B)   Any A person whose rights are adversely affected by any a contract, agreement, assemblage, or other act or thing done or threatened to be done and declared to be unlawful or prohibited by this chapter shall have has the right to apply to any a court having general equity jurisdiction for appropriate relief. The court, in any such proceeding, may grant and issue such restraining, and other, orders as may be appropriate, including an injunction restraining and enjoining the performance, continuance, maintenance, or commission of any such contract, agreement, assemblage, act or thing, and may determine and award, as justice may require, any actual damages, costs, and attorneys' fees which have been sustained or incurred by any a party to the action, and, in the discretion of the court or jury, punitive damages in addition to the actual damages. The provisions of this section are cumulative and are in addition to all other remedies now or hereafter provided by law."
SECTION   6.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. COBB-HUNTER spoke against the Bill.
Rep. LAW spoke in favor of the Bill.
Rep. G. BROWN 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:

Yeas 83; Nays 32


Printed Page 782 . . . . . Wednesday, February 2, 2000

Those who voted in the affirmative are:
Allison                Altman                 Askins
Bailey                 Bales                  Barfield
Barrett                Battle                 Brown, H.
Campsen                Carnell                Cato
Chellis                Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Frye                   Gamble
Gilham                 Hamilton               Harris
Harrison               Harvin                 Haskins
Hawkins                Hinson                 Huggins
Jennings               Keegan                 Kelley
Kirsh                  Knotts                 Koon
Lanford                Law                    Leach
Limehouse              Littlejohn             Loftis
Lourie                 Lucas                  Martin
McCraw                 McGee                  McKay
McLeod, W.             Meacham-Richardson     Neal, J.M.
Neilson                Perry                  Phillips
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Sheheen
Simrill                Smith, D.              Smith, J.
Smith, R.              Stille                 Stuart
Townsend               Tripp                  Trotter
Walker                 Webb                   Whatley
Wilder                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--83

Those who voted in the negative are:

Allen                  Bowers                 Breeland
Brown, G.              Brown, J.              Brown, T.
Canty                  Clyburn                Cobb-Hunter
Gourdine               Govan                  Hines, J.
Hosey                  Howard                 Inabinett
Kennedy                Lee                    Lloyd
Mack                   McLeod, M.             McMahand
Miller                 Moody-Lawrence         Neal, J.H.

Printed Page 783 . . . . . Wednesday, February 2, 2000

Ott                    Parks                  Pinckney
Rhoad                  Rutherford             Scott
Smith, F.              Wilkes

Total--32

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

Rep. FLEMING moved that the House do now adjourn, which was agreed to.

ADJOURNMENT

At 1:15 p.m. the House, in accordance with the motion of Rep. D. SMITH, adjourned in memory of Carole Ray Rooker Wynn, to meet at 10:00 a.m. tomorrow.

***

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