Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rep. PERRY as follows:
O God, Whose blessings are new every day, we are grateful for colleagues and friends who help us on life's way and who, in a small way, we may help. Thank You for those who have given us guidance, counsel and a good example. We praise You for our moments of success which inspire greater endeavors, and even for times of failure which keep us humble and make us remember how much we need God's help. Help us, we pray, to grow stronger, wiser and more charitable. Give us Your aid to shed old faults and to gain new virtues. To a holy and all-wise God, we make this our morning prayer. 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 Friday, the SPEAKER ordered it confirmed.
Rep. SANDIFER moved that when the House adjourns, it adjourn in memory of Gordon Sheorn Colman, which was agreed to.
The House stood in silent prayer for Representative Denny Neilson who is recuperating from a serious automobile accident.
The House stood in silent prayer for race car driver Dale Earnhardt, Sr. who was killed in an accident at the Daytona 500.
On motion of Rep. FLEMING, with unanimous consent, the following were taken up for immediate consideration and accepted:
February 16, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Fleming:
On behalf of State Farm Insurance Companies the Members of the House of Representatives are invited to a luncheon. This event will be held on the State House Grounds on March 6, 2001, upon adjournment.
Sincerely,
Jackie Toland
Public Affairs Assistant
February 16, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Fleming:
On behalf of South Carolina Recreation and Parks Association Board of Directors the Members of the House of Representatives are invited to a reception. This event will be held at the Adam's Mark Hotel on March 6, from 6:00 to 8:00 p.m.
Sincerely,
James E. Headley
Executive Director
February 16, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
On behalf of Association of Public Library Administrators the Members of the House of Representatives are invited to a luncheon. This event will be held at the Clarion Town House on March 7, 2001, from 12:30 to 2:00 p.m.
Sincerely,
Dwight McInvaill, Director
Georgetown County Library
February 16, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Fleming:
On behalf of South Carolina Summary Court Judges Association the Members of the House of Representatives, its Officers and Clerks are invited to a reception. This event will be held at Seawell's Restaurant on March 7, 2001, at 6:00 p.m.
Sincerely,
Judge Mel Maurer
President
February 16, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Fleming:
On behalf of South Carolina Association of Non-Profit Homes for the Aging the Members of the House of Representatives are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on March 8, 2001, from 8:30 to 10:00 a.m.
Sincerely,
Vicki L. Moody
President
Dear Rep. Fleming:
On behalf of Young Bankers Division of the South Carolina Bankers Association the Members of the House of Representatives are invited to an oyster roast. This event will be held at the University House on March 13, 2001, from 6:00 to 8:00 p.m.
Sincerely,
E. Anne Gillespie
Senior Vice President
February 16, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Fleming:
On behalf of the South Carolina Chapters of Alpha Kappa Alpha Sorority the Members of the House of Representatives are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on March 14, 2001, from 8:00 to 10:00 a.m.
Sincerely,
Sheila McMillan
February 16, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Fleming:
On behalf of American Legislative Exchange Council the Members of the House of Representatives are invited to a reception. This event will be held at the Clarion Townhouse on March 14, 2001, from 6:00 to 8:00 p.m.
February 16, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Fleming:
On behalf of the Home Builders Association of South Carolina the Members of the House of Representatives are invited to cocktails and dinner. This event will be held at The Zone on March 20, 2001, at 6:30 p.m.
Sincerely,
Lorena Harryman
Director of Meetings and Publications
February 16, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Fleming:
On behalf of the South Carolina Managed Care Alliance the Members of the House of Representatives are invited to a breakfast. This event will be held at the Clarion Townhouse on March 21, 2001, at 8:00 a.m.
Sincerely,
Catherine Ferry
President
February 16, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
On behalf of the South Carolina Association of Realtors the Members of the House of Representatives are invited to a reception. This event will be held at Clarion Townhouse Hotel on March 21, 2001, from 12:45 to 2:30 p.m.
Sincerely,
Terry White
President
February 16, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Fleming:
On behalf of South Carolina State University the Members of the House of Representatives are invited to a reception. This event will be held at Seawell's on March 21, 2001, from 6:00 to 8:00 p.m.
Sincerely,
Leroy Davis
President
February 16, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Fleming:
On behalf of York County Regional Chamber of Commerce the Members of the House of Representatives are invited to a reception. This event will be held at the South Carolina State Museum on March 27, 2001, from 5:30 to 9:30 p.m.
Sincerely,
Colleen Daly
Vice President of Government Relations
Dear Rep. Fleming:
On behalf of South Carolina Prayer Fellowship the Members of the House of Representatives are invited to a breakfast. This event will be held at the Sheraton Hotel and Conference Center on March 28, 2001, at 8:30 a.m.
Sincerely,
C. Tommy Young
Chairman
February 16, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Fleming:
On behalf of the South Carolina Health Alliance the Members of the House of Representatives and their staff are invited to a luncheon. This event will be held at the Capitol City Club on March 28, 2001, at 12:30 p.m. or upon adjournment.
Sincerely,
Ken Shull
President
February 16, 2001
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Fleming:
On behalf of The Blue Marlin and Willy's by Bill Dukes the Members of the House of Representatives are invited to a reception.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 3085 (Word version) -- Reps. Meacham-Richardson, G. M. Smith, Altman, Whatley, Simrill and Owens: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 86 SO AS TO PROVIDE FOR DUCKS UNLIMITED SPECIAL LICENSE PLATES.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:
H. 3098 (Word version) -- Reps. McGee, Meacham-Richardson, Altman, Whatley, Owens and Rodgers: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PURPLE HEART LICENSE PLATES, SO AS TO REVISE THE NUMBER OF LICENSE PLATES THAT MAY BE ISSUED TO A PURPLE HEART RECIPIENT.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
S. 220 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO PROVIDE THAT THE APPEALS PROCEDURE FOR ACTIONS BY THE INTERNAL REVENUE SERVICE IN CONNECTION WITH THE SETOFF OF A DEBT AGAINST A TAXPAYER'S REFUND IS GOVERNED BY TITLE 26 OF THE UNITED STATES CODE, NOTWITHSTANDING THE PROCEDURE PRESCRIBED IN CHAPTER 56 OF TITLE 12 FOR THE SETOFF DEBT COLLECTION ACT.
Ordered for consideration tomorrow.
The following was introduced:
H. 3597 (Word version) -- Rep. White: A CONCURRENT RESOLUTION TO CONGRATULATE MISS KATHRYN WILLOUGHBY OF COLUMBIA ON BEING NAMED THE 2001 SOUTH CAROLINA JUNIOR MISS AT ANDERSON COLLEGE ON SATURDAY, JULY 22, 2000, AND TO EXTEND TO HER BEST WISHES FOR SUCCESS IN ALL OF HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3598 (Word version) -- Reps. Cato, Barfield, Battle, Carnell, Chellis, Cobb-Hunter, Dantzler, Davenport, Edge, Harvin, Haskins, Hayes, Hosey, Kirsh, Knotts, Law, Leach, Limehouse, Lloyd, Lucas, Mack, Meacham-Richardson, J. H. Neal, Ott, Parks, Perry, Phillips, Riser, Rivers, Rodgers, Sandifer, Scott, Snow, Stuart, Trotter, Webb, Whatley, A. Young and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170 SO AS TO PROVIDE CERTAIN CONDUCT IN THE VEHICLE GLASS REPAIR BUSINESS IS AN UNFAIR TRADE PRACTICE AND UNLAWFUL.
Referred to Committee on Labor, Commerce and Industry
H. 3599 (Word version) -- Reps. Rodgers and Gilham: A BILL TO AMEND SECTION 50-5-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, SO AS TO FURTHER DEFINE AND PROVIDE FOR BAITING OF "PEELER TRAPS".
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3600 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-18-900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE'S ACADEMIC PERFORMANCE RATINGS AND PERFORMANCE INDICATORS
H. 3601 (Word version) -- Rep. Huggins: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 50 SO AS TO REQUIRE A WRITTEN PROPERTY CONDITION DISCLOSURE STATEMENT UPON THE SALE OF CERTAIN RESIDENTIAL PROPERTY, TO PROVIDE EXEMPTIONS FROM THIS REQUIREMENT, TO IMPOSE DUTIES ON OWNERS AND REAL ESTATE LICENSEES IN REGARD TO THESE REQUIREMENTS, AND TO AUTHORIZE THE REAL ESTATE COMMISSION TO PERFORM SPECIFIC DUTIES AND FUNCTIONS IN REGARD TO THESE DISCLOSURE STATEMENTS.
Referred to Committee on Labor, Commerce and Industry
H. 3602 (Word version) -- Reps. Townsend and Harrell: A BILL TO AMEND SECTION 59-6-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE, SO AS TO ADD THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE AS AN EX OFFICIO NONVOTING MEMBER.
Referred to Committee on Education and Public Works
H. 3603 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-18-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATEWIDE ASSESSMENT PROGRAM TO MEASURE STUDENT PERFORMANCE UNDER THE EDUCATION ACCOUNTABILITY ACT, SO AS TO DELETE THE REQUIREMENT THAT A STANDARDS BASED ASSESSMENT WILL BE DEVELOPED FOR GRADES ONE AND TWO FOR USE BY SCHOOLS AND DISTRICTS AS DEEMED APPROPRIATE BY THE DISTRICT OFFICIALS.
Referred to Committee on Education and Public Works
S. 199 (Word version) -- Senators Leatherman, Peeler, Giese, McConnell, Wilson, Mescher, Ravenel, Richardson, Waldrep, Branton, Ritchie, Martin, Alexander, Verdin, Grooms, Reese and Courson: A BILL TO RATIFY AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH A NEW CLASS OF PROPERTY CONSISTING OF PERSONAL MOTOR VEHICLES WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY AND LIMITED TO PASSENGER MOTOR VEHICLES AND PICKUP TRUCKS AS DEFINED BY LAW ASSESSED FOR PROPERTY TAX AT NINE AND SEVENTY-FIVE HUNDREDTHS PERCENT OF FAIR MARKET VALUE REDUCED IN ANNUAL INCREMENTS OF SEVENTY-FIVE HUNDREDTHS OF ONE PERCENT OVER SIX YEARS TO A PERMANENT RATE OF SIX PERCENT OF FAIR MARKET VALUE AND TO PROVIDE THAT THESE REVISED ASSESSMENT RATIOS AND THE NEW CLASS OF PROPERTY APPLIES FOR PROPERTY TAX YEARS BEGINNING AFTER
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Cato Chellis Clyburn Coates Coleman Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Govan Harrell Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Hosey Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.M. Ott Owens Parks Perry Rice Riser Rivers Robinson Rodgers Rutherford Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Snow Stille Stuart Talley
Taylor Thompson Townsend Trotter Vaughn Walker Webb Whatley Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Tuesday, February 20.
Daniel Cooper Gilda Cobb-Hunter James E. Smith Thomas Rhoad Glenn Hamilton Olin Phillips Harry Askins Richard Quinn David Weeks Joseph Neal Daniel Tripp Fletcher Smith Leon Howard
The SPEAKER granted Rep. NEILSON a leave of absence for the week due to a car accident.
The SPEAKER granted Rep. CARNELL a leave of absence for the week due to illness.
The SPEAKER granted Rep. TRIPP a temporary leave of absence.
Announcement was made that Dr. Woodrow W. Long, Jr. of Greenville is the Doctor of the Day for the General Assembly.
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
Bill Number: H. 3144 (Word version)
Date: ADD:
02/20/01 EDGE
Bill Number: H. 3252 (Word version)
Date: ADD:
02/20/01 BARFIELD
Bill Number: H. 3259 (Word version)
Date: ADD:
02/20/01 EDGE
Bill Number: H. 3289 (Word version)
Date: ADD:
02/20/01 EDGE
Bill Number: H. 3418 (Word version)
Date: ADD:
02/20/01 EDGE
Bill Number: H. 3419 (Word version)
Date: ADD:
02/20/01 EDGE
Bill Number: H. 3435 (Word version)
Date: ADD:
02/20/01 LEACH
Bill Number: H. 3475 (Word version)
Date: ADD:
02/20/01 MCLEOD
Bill Number: H. 3515 (Word version)
Date: ADD:
02/20/01 MCLEOD
Bill Number: H. 3451 (Word version)
Date: ADD:
02/20/01 LEACH
The following Bill was taken up:
H. 3131 (Word version) -- Reps. Rodgers and Whipper: A BILL TO AMEND SECTION 15-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON CERTAIN CIVIL ACTIONS, SO AS TO PROVIDE THAT ACTIONS FOR ASSAULT OR BATTERY MUST BE COMMENCED WITHIN THREE YEARS; AND TO AMEND SECTION 15-3-550, AS AMENDED, RELATING TO CIVIL ACTIONS WHICH MUST BE COMMENCED WITHIN TWO YEARS, SO AS TO DELETE THE REFERENCE TO AN ACTION FOR ASSAULT AND AN ACTION FOR BATTERY.
Reps. KIRSH, COOPER, CATO, LAW, MOODY-LAWRENCE, WHITE, MCGEE, PERRY, DAVENPORT, FLEMING, J. E. SMITH, HARRISON and J. H. NEAL requested debate on the Bill.
The following Bill was taken up:
H. 3418 (Word version) -- Reps. Harrell, Quinn, Knotts, Altman, Limehouse, Bingham, Chellis, Harrison, Kelley, Riser, Rodgers, Sandifer, Simrill, W. D. Smith, Tripp, Walker, A. Young, White, Wilkins, Cato, Sharpe, Thompson, Robinson, Martin, Davenport, Hamilton, Leach, Loftis and Edge: A BILL TO RATIFY AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH A NEW CLASS OF PROPERTY CONSISTING OF PERSONAL MOTOR VEHICLES WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY AND LIMITED TO PASSENGER MOTOR VEHICLES AND PICKUP TRUCKS AS DEFINED BY LAW ASSESSED FOR PROPERTY TAX AT NINE AND SEVENTY-FIVE HUNDREDTHS PERCENT OF FAIR MARKET VALUE REDUCED IN ANNUAL INCREMENTS OF SEVENTY-FIVE HUNDREDTHS OF ONE PERCENT OVER SIX YEARS TO A PERMANENT RATE OF SIX PERCENT OF FAIR MARKET VALUE AND TO PROVIDE THAT THESE REVISED ASSESSMENT RATIOS AND THE NEW CLASS OF PROPERTY APPLIES FOR PROPERTY TAX YEARS BEGINNING AFTER 2001 OR IN EARLIER TAX YEARS AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
Reps. HARRELL, SCOTT, J. E. SMITH, PERRY, RICE, CATO, SCARBOROUGH, SANDIFER, GOVAN, J. H. NEAL and MOODY-LAWRENCE requested debate on the Bill.
The following Bill was taken up:
H. 3419 (Word version) -- Reps. Harrell, Quinn, Limehouse, Knotts, Altman, Harrison, Kelley, Bingham, Chellis, Riser, Rodgers, Sandifer, Simrill, W. D. Smith, Tripp, Walker, A. Young, White, Wilkins, Cato, Sharpe, Townsend, Robinson, Koon, Martin, Davenport, Hamilton, Leach, Loftis and Edge: A BILL TO RATIFY AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF
Reps. HARRELL, EASTERDAY, PERRY, CATO, SCARBOROUGH, MACK, HARRISON, ALTMAN, GOVAN, SCOTT, J. H. NEAL, J. E. SMITH and SANDIFER requested debate on the Bill.
The following Bill was taken up:
H. 3144 (Word version) -- Reps. Wilkins, W. D. Smith, Vaughn, Delleney, Walker, Merrill, Cotty, Thompson and Edge: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYISTS' PRINCIPALS' REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY OR DEPARTMENT REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO DELETE WITHIN THE DEFINITION OF "ELECTION", A BALLOT MEASURE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE A NOTICE OF WAIVER BE FORWARDED TO THE STATE ETHICS
Rep. GOVAN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 112 (Word version) -- Senator Leventis: A BILL TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL CLOSE PERMANENTLY THE SOUTHERN ACCESS OF ROAD 43-506 AT
Rep. J. YOUNG explained the Bill.
Rep. HARRELL asked unanimous consent to recall S. 198 (Word version) from the Committee on Ways and Means.
Rep. SCOTT objected.
Rep. HARRELL asked unanimous consent to recall S. 199 (Word version) from the Committee on Ways and Means.
Rep. SCOTT objected.
Rep. HARRISON asked unanimous consent to recall H. 3491 (Word version) from the Committee on Judiciary.
Rep. MOODY-LAWRENCE objected.
The following Bill was taken up:
H. 3159 (Word version) -- Reps. Fleming and Altman: A BILL TO AMEND SECTION 7-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO SUBSTITUTE A PARDON FOR THE SERVICE OF A SENTENCE AS AN EXCEPTION TO DISQUALIFICATION FROM BEING REGISTERED TO VOTE.
Rep. SCOTT moved to table the Bill.
Rep. FLEMING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bales Battle Bowers Breeland Brown, J. Brown, R. Clyburn Coleman
Emory Gourdine Govan Hayes Hines, J. Hines, M. Hosey Howard Jennings Keegan Kennedy Lee Lloyd Lourie Mack Miller Moody-Lawrence Neal, J.H. Neal, J.M. Parks Phillips Rhoad Rivers Rutherford Scott Sheheen Smith, J.E. Snow Weeks Whipper
Those who voted in the negative are:
Allison Altman Barrett Bingham Campsen Cato Chellis Coates Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Freeman Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Owens Perry Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Stille Stuart Talley Taylor Thompson Townsend Trotter Vaughn Walker Webb Whatley White Wilder Wilkins Witherspoon Young, A. Young, J.
The question then recurred to the passage of the Bill on third reading.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Barrett Bingham Campsen Cato Chellis Coates Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Hamilton Harrell Harrison Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Lucas Martin McCraw McGee Merrill Owens Perry Phillips Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Smith, D.C. Smith, G.M. Smith, J.R. Stille Stuart Talley Taylor Thompson Townsend Trotter Vaughn Whatley White Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Bales Battle Bowers Breeland Brown, J. Clyburn Cobb-Hunter Emory Freeman Govan Hayes Hines, J. Hines, M. Hosey
Howard Jennings Kennedy Lee Lourie Mack McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Rhoad Rutherford Scott Sheheen Smith, J.E. Snow Webb Weeks Whipper Wilder
So, the Bill was read the third time and ordered sent to the Senate.
The following Concurrent Resolution was taken up:
S. 165 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT AND THE CONGRESS OF THE UNITED STATES TO RENEW AND INTENSIFY THEIR EFFORTS AND NEGOTIATIONS FOR A FULL ACCOUNTING AND RETURN OF ALL AMERICANS WHO ARE REPORTED AS MISSING IN ACTION OR ARE PRISONERS OF WAR IN ANY MILITARY ACTION RESULTING FROM A WORLD WAR, THE KOREAN WAR, AND ALL OTHER WARS, INCLUDING THE SOUTHEAST ASIAN WAR; AND TO PROVIDE FOR THE GRANTING OF REFUGEE STATUS IN THE UNITED STATES TO THOSE SOUTHEAST ASIAN NATIONALS OF CERTAIN FOREIGN COUNTRIES IN WHICH AMERICAN VIETNAM WAR PRISONERS OF WAR OR SERVICEMEN LISTED AS MISSING IN ACTION MAY BE PRESENT, IF THOSE SOUTHEAST ASIAN NATIONALS ASSIST IN THE RETURN TO THE UNITED STATES OF THOSE PRISONERS OF WAR OR THOSE LISTED AS MISSING IN ACTION.
Whereas, many American military personnel who fought bravely to defend the United States and personal freedoms around the world have yet to be accounted for, including those serving in World Wars, the Korean War, Southeast Asia, and all other conflicts; and
Whereas, it is reported that approximately twenty-five hundred Americans remain in Vietnam, that the remains of approximately four
Whereas, the United States Congress has sponsored several pieces of legislation to grant refugee status to nationals of certain Southeast Asian countries in which American Vietnam War Prisoners of War or servicemen listed as Missing in Action may be present, if the nationals of those certain Southeast Asian countries assist in the return to the United States of those Vietnam War Prisoners of War or those servicemen listed as Missing in Action; and
Whereas, the State of South Carolina reaffirms its hope and desire that time will not efface the memory of these valiant Americans who have made great sacrifices for their country; and
Whereas, it is the sense of the General Assembly of South Carolina that vigorous efforts should be continued by the government of the United States to obtain the return of all Americans from any country where they may be held or their remains may be interred; and
Whereas, part of the vigorous efforts made by the United States to secure the return of American Prisoners of War and servicemen listed as Missing in Action from Southeast Asian countries should include the granting of refugee status to those nationals of certain Southeast Asian countries who assist in the return of Vietnam War Prisoners of War and servicemen listed as Missing in Action. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the President and the Congress of the United States are memorialized to renew and intensify their efforts and negotiations for a full accounting and return of all Americans who are reported as Missing in Action or are Prisoners of War in any military action resulting from a World War, the Korean War, and all other conflicts, including the Southeast Asian war, and that the President and the Congress utilize the granting of refugee status to those nationals of certain Southeast Asian countries who assist in the return to the United States of those Vietnam War Prisoners of War or servicemen listed as Missing in Action alive.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 3190 (Word version) -- Reps. Keegan, Barfield, Edge, Kelley, Miller and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME HIGHWAY 544 RUNNING FROM THE HIGHWAY 501 BYPASS IN CONWAY TO HIGHWAY 17 BUSINESS IN SURFSIDE THE "CORPORAL DENNIS LYDEN MEMORIAL HIGHWAY" IN MEMORY OF CORPORAL DENNIS LYDEN, WHO WAS KILLED IN THE LINE OF DUTY ON JUNE 5, 2000, WHILE MAKING A TRAFFIC STOP THERE, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY CONTAINING THE WORDS THE "CORPORAL DENNIS LYDEN MEMORIAL HIGHWAY" IN MEMORY OF CORPORAL LYDEN'S DEDICATION, LOVE, AND SERVICE TO THE STATE OF SOUTH CAROLINA AND HORRY COUNTY.
Whereas, roads and bridges throughout Horry County and the State of South Carolina have been named in honor of distinguished citizens who have given of both their time and efforts to improve upon this great State of South Carolina; and
Whereas, Corporal Dennis Lyden, a dedicated four-year veteran of the Horry County Police Department, was murdered in the line of duty on June 5, 2000, along Highway 544 while making a routine traffic stop; and
Whereas, he was laid to rest in Hillcrest Cemetery located along Highway 544; and
Whereas, during Corporal Lyden's four years of service, he performed his job with distinction and demonstrated a love and concern
Whereas, the members of the General Assembly believe that it would be a fitting tribute to the memory of Corporal Lyden if a portion of the highway where he gave his life in service of his county and State were named in his honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby request that the Department of Transportation name Highway 544 running from the Highway 501 bypass in Conway to Highway 17 business in Surfside the "Corporal Dennis Lyden Memorial Highway" in memory of Corporal Dennis Lyden, who was killed in the line of duty on June 5, 2000, while making a traffic stop there, and install appropriate markers or signs on the highway containing the words the "Corporal Dennis Lyden Memorial Highway" in memory of Corporal Lyden's dedication, love, and service to the State of South Carolina and Horry County.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
Rep. HARRELL moved to recall the following Bill from the Committee on Ways and Means:
S. 198 (Word version) -- Senators Leatherman, Martin, Giese, Mescher, McConnell, J. V. Smith, Thomas, Verdin, Branton and Richardson: A BILL TO RATIFY AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY TO IMPOSE A SALES AND USE TAX TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES, MOTORCYCLES, GENERAL AVIATION AIRCRAFT,
Rep. SCOTT moved to table the motion.
Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bowers Brown, R. Cobb-Hunter Govan Hayes Hines, M. Hosey Howard Jennings Lee Lloyd Mack Moody-Lawrence Neal, J.H. Ott Parks Rutherford Scott Weeks Whipper
Those who voted in the negative are:
Altman Bales Barfield Barrett Battle Bingham Campsen Cato Chellis Coates Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lourie Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Neal, J.M. Owens Perry
Phillips Rhoad Rice Riser Rivers Robinson Rodgers Sandifer Scarborough Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Snow Stille Stuart Talley Taylor Thompson Trotter Vaughn Walker Webb Whatley White Wilder Wilkins Witherspoon Young, A.
So, the House refused to table the motion to recall S. 198.
The question recurred to the motion to recall S. 198 from the Committee on Ways and Means, which was agreed to.
Rep. HARRELL moved to recall the following Bill from the Committee on Ways and Means:
S. 199 (Word version) -- Senators Leatherman, Peeler, Giese, McConnell, Wilson, Mescher, Ravenel, Richardson, Waldrep, Branton, Ritchie, Martin, Alexander, Verdin, Grooms, Reese and Courson: A BILL TO RATIFY AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH A NEW CLASS OF PROPERTY CONSISTING OF PERSONAL MOTOR VEHICLES WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY AND LIMITED TO PASSENGER MOTOR VEHICLES AND PICKUP TRUCKS AS DEFINED BY LAW ASSESSED FOR PROPERTY TAX AT NINE AND SEVENTY-FIVE HUNDREDTHS PERCENT OF FAIR MARKET VALUE REDUCED IN ANNUAL INCREMENTS OF SEVENTY-FIVE HUNDREDTHS OF ONE PERCENT OVER SIX YEARS TO A PERMANENT RATE OF SIX PERCENT OF FAIR MARKET VALUE AND TO PROVIDE THAT THESE REVISED ASSESSMENT RATIOS AND THE NEW CLASS OF PROPERTY
Rep. GOVAN moved to table the motion.
Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Breeland Brown, R. Emory Frye Gourdine Govan Hines, J. Hines, M. Hosey Howard Mack Moody-Lawrence Neal, J.M. Parks Scott Stille Weeks
Those who voted in the negative are:
Allison Altman Bales Barrett Battle Bingham Bowers Campsen Cato Chellis Clyburn Coates Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Fleming Freeman Gilham Hamilton Harrell Harrison Haskins Hayes Hinson Huggins Jennings Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Ott Owens Perry Rhoad Rice Riser Rivers Robinson Rodgers
Scarborough Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Snow Stuart Talley Taylor Thompson Trotter Vaughn Walker Webb Whatley White Wilder Wilkins Witherspoon Young, A.
So, the House refused to table the motion to recall S. 199.
The question recurred to the motion to recall S. 199 from the Committee on Ways and Means, which was agreed to.
Rep. SCOTT moved to dispense with the balance of the Motion Period, which was agreed to.
The following Bill was taken up:
H. 3289 (Word version) -- Reps. Cato, Wilkins, Harrison, Kelley, Barrett, Chellis, Coates, Cooper, Harrell, Hinson, Rice, Sandifer, Sharpe, W. D. Smith, Thompson, Trotter, White, A. Young, Campsen, Altman, Bingham and Edge: A BILL TO AMEND ARTICLE 1, CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-130 SO AS TO PROHIBIT A POLITICAL SUBDIVISION OF THIS STATE FROM ESTABLISHING, MANDATING, OR OTHERWISE REQUIRING A MINIMUM WAGE THAT EXCEEDS THE FEDERAL MINIMUM WAGE SET PURSUANT TO 29 U.S.C. 206.
Rep. CATO proposed the following Amendment No. 2 (Doc Name COUNCIL\PT\AMEND\1186DW01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 1, Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-130. (A) For purposes of this section 'political subdivision' includes, but is not limited to a municipality, county, school district, special purpose district, or public service district.
(B) A political subdivision of this State may not establish, mandate, or otherwise require a minimum wage rate that exceeds the federal minimum wage rate set forth in Section 6 of the Fair Labor Standards Act of 1938, 29 U.S.C. 206. Also, a political subdivision of this State may not establish, mandate, or otherwise require a minimum wage rate related to employee wages that are exempt under 29 U.S.C. 201 et seq., the Fair Labor Standards Act of 1938.
(C) A state law may not establish, mandate, or otherwise require a minimum wage rate that exceeds the federal minimum wage rate set forth in Section 6 of the Fair Labor Standards Act of 1938, 29 U.S.C. 206. Also, a state law may not establish, mandate, or otherwise require a minimum wage rate related to employee wages that are exempt under 29 U.S.C. 201 et seq., the Fair Labor Standards Act of 1938.
(D) This section does not limit the authority of the State or its political subdivisions from establishing wage rates in contracts to which they are a party.
(E) For purposes of this section, 'wage' has the same meaning set forth in Section 3(m) of the Fair Labor Standards Act of 1938, 29 U.S.C. 203(m)."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. CATO explained the amendment.
Rep. RUTHERFORD spoke against the amendment.
Rep. CATO spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bales Barfield Barrett Battle Bingham Campsen Cato Chellis Coates Coleman
Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Hamilton Harrell Harrison Harvin Haskins Hayes Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lourie Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Neal, J.M. Ott Owens Phillips Rhoad Rice Riser Robinson Rodgers Scarborough Sharpe Sheheen Simrill Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Snow Stuart Talley Taylor Thompson Townsend Trotter Vaughn Walker Webb White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Breeland Brown, G. Brown, J. Brown, R. Clyburn Cobb-Hunter Gourdine Govan Hines, J. Hines, M. Hosey Jennings Kennedy Lee Mack Moody-Lawrence Neal, J.H. Parks Perry Rivers Scott Weeks Whipper
So, the amendment was adopted.
"Section 41-10-45. (A) No employer may pay female employees less than male employees for comparable employment if the female employees have equivalent experience and training.
"(B) An employer who violates the provisions of this section must be assessed a civil penalty of not more than one thousand dollars for each violation. Each failure to pay constitutes a separate offense." /
Renumber sections to conform.
Amend title to conform.
Rep. CATO raised the Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill. He argued that the substantial effect and impact of the amendment required all employers, both public and private, to pay equal pay for equivalent positions - unlike the Bill's substantial effect which prohibited public entities from requiring minimum wage standards higher than the federal standard.
Rep. MOODY-LAWRENCE argued contra.
SPEAKER WILKINS stated that the scope of the amendment exceeded the substantial effect, impact, and scope of the Bill. He sustained the Point of Order and ruled the amendment out of order.
Rep. MOODY-LAWRENCE proposed the following Amendment No. 4 (Doc Name COUNCIL\PT\AMEND\1201DW01), which was ruled out of order:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION __. Title 41 of the 1976 Code is amended by adding:
Section 41-12-10. This chapter may be cited as the 'Fair Pay Act of 2001'.
Section 41-12-20. (A) The General Assembly finds that:
(1) Despite federal and state laws banning discrimination in employment and pay, in both the private and public sector, wage differentials persist between women and men and between minorities
(2) The existence of such wage differentials:
(a) depresses wages and living standards for employees necessary for their health and efficiency;
(b) reduces family incomes and contributes to the higher poverty rates among female headed and minority households;
(c) prevents the maximum utilization of the available labor resources;
(d) tends to cause labor disputes, thereby burdening, affecting, and obstructing commerce; and
(e) constitutes an unfair method of competition;
(3) Discrimination in wage setting practices has played a role in depressing wages for women and minorities generally;
(4) Many individuals work in occupations that are dominated by individuals of their same sex, race, or national origin, and discrimination in hiring, job assignment, and promotion has played a role in establishing and maintaining segregated work forces;
(5) Eliminating discrimination in compensation based on sex, race, and national origin would have positive effects, including:
(a) providing a solution to problems in the economy created by discriminatory wage differentials;
(b) reducing the number of working women and people of color earning low wages, thereby lowering their incidence of poverty during normal working years and in retirement; and
(c) promoting stable families by raising family incomes.
(B) It is the purpose of this chapter to correct and as rapidly as practicable to eliminate discriminatory wage practices based on sex, race, or national origin or any combination of these.
Section 41-12-30. As used in this chapter:
(1) 'Department' means the Department of Labor, Licensing and Regulation.
(2) 'Employ' means to suffer or permit to work.
(3) 'Employee' means a person employed by an employer and includes all of an employer's permanent employees, whether working full-time or part-time, and any temporary employee employed by an employer for a period of at least three months. 'Employee' does not include an individual employed by his parents, spouse, or child.
(4) 'Employer' means a person who employs three or more persons and includes the State and all political subdivisions of the State.
(5) 'Equivalent jobs' means jobs or occupations that are equal within the meaning of the Equal Pay Act of 1963, 29 U.S.C. 206(d), or jobs or occupations that are dissimilar but whose requirements are equivalent, when viewed as a composite of skills, effort, responsibility, and working conditions.
(6) 'Labor organization' means an organization that exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances and terms and conditions of employment or of other mutual aid or protection in connection with employment.
(7) 'Market rates' means the rates that employers within a prescribed geographic area actually pay, or are reported to pay, for specific jobs, as determined by formal or informal surveys, wage studies, or other means.
(8) 'Person' means one or more individuals, partnerships, associations, corporations, limited liability companies, legal representatives, trustees, trustees in bankruptcy, receivers, and the State and all political subdivisions and agencies of the State.
(9) 'Wages' and 'wage rates' include all compensation in any form that an employer provides to employees in payment for work done or services rendered including, but not limited to, base pay, bonuses, commissions, awards, tips, or various forms of non-monetary compensation if provided in lieu of or in addition to monetary compensation and that have economic value to an employee.
Section 41-12-40. (A) It is an unlawful employment practice in violation of this chapter for an employer to discriminate between employees on the basis of sex, race, or national original or any combination of these by paying wages to employees:
(1) at a rate less than the rate paid to employees of the opposite sex or of a different race or national origin for work in equivalent jobs; or
(2) in a job that is dominated by employees of a particular sex, race, or national origin at a rate less than the rate at which the employer pays to employees in another job that is dominated by employees of the opposite sex or of a different race or national origin for work on equivalent jobs.
(B) Notwithstanding subsection (A), it is not an unlawful employment practice for an employer to pay different wage rates to employees, where these payments are made pursuant to:
(1) a bona fide seniority or merit system;
(2) a system that measures earnings by quantity or quality of production; or
(3) any bona fide factor other than sex, race, or national origin; however, wage differentials based on varying market rates for equivalent jobs or the differing economic benefits to the employer of equivalent jobs may not be considered differentials based on bona fide factors other than sex, race, or national origin.
(C) An employer who is paying wages in violation of this section must not, in order to comply with the provisions of this section, reduce the wages of any employee.
(D) No labor organization or its agents representing employees of an employer having employees subject to any provision of this chapter shall cause or attempt to cause the employer to discriminate against an employee in violation of subsection (A).
(E) The Department of Labor, Licensing and Regulation shall promulgate regulations specifying the criteria for determining whether a job is dominated by employees of a particular sex, race, or national origin. Criteria shall include, but is not limited to, factors such as:
(1) whether the job has ever been formally classified as or traditionally considered to be a 'male' or 'female' or 'white' or 'minority' job;
(2) whether there is a history of discrimination against women or people of color with regard to wages, assignment, or access to jobs, or other terms and conditions of employment; and
(3) the demographic composition of the work force in equivalent jobs (e.g., numbers or percentages of women, men, white persons, and people of color). The regulations must not include a list of jobs.
Section 41-12-50. It is an unlawful employment practice in violation of this chapter for an employer to:
(1) take adverse actions or otherwise discriminate against an individual because the individual has opposed an act or practice made unlawful by this chapter, has sought to enforce rights protected under this chapter, or has testified, assisted, or participated in any manner in an investigation, hearing, or other proceeding to enforce this chapter; or
(2) discharge or in any other manner discriminate against, coerce, intimidate, threaten, or interfere with an employee or any other
Section 41-12-60. (A) Upon commencement of an individual's employment and at least annually thereafter, every employer subject to this chapter shall provide to each employee a written statement sufficient to inform the employee of his or her job title, wage rate, and how the wage is calculated. This notice must be supplemented whenever an employee is promoted or reassigned to a different position with the employer; however, the employer is not required to issue supplemental notifications for temporary reassignments that are no greater than three months in duration.
(B) Every employer subject to this chapter shall make and preserve records that document the wages paid to employees and that document and support the method, system, calculations, and other bases used to establish, adjust, and determine the wage rates paid to the employer's employees. Every employer subject to this chapter shall preserve records and shall submit reports as prescribed by regulation or order by the department.
(C) The regulations promulgated pursuant to this chapter relating to the form of reports required by subsection (B) shall provide for protection of the confidentiality of employees and shall expressly require that reports must not include the names or other identifying information from which readers could discern the identifies of employees. The regulations may also identify circumstances that warrant a prohibition on disclosure of reports or information identifying the employer.
(D) The department may use the information and data it collects pursuant to subsection (B) for statistical and research purposes and may compile and publish studies, analyses, reports, and surveys based on the information and data, as it considers appropriate.
Section 41-12-70. (A) In an action in which a court or jury finds that an employer has engaged in acts that violate Sections 41-12-40, 41-12-50, or 41-12-60, the court or jury shall award to an affected employee monetary relief, including back pay in an amount equal to the difference between the employee's actual earnings and what the employee would have earned but for the employer's unlawful practices, and an additional amount in compensatory and punitive damages, as appropriate.
(B) In an action in which a court or jury finds that an employer has engaged in acts that violate Sections 41-12-40, 41-12-50, or 41-12-60, the court shall enjoin the employer from continuing to discriminate against affected employees and shall direct the employer to comply with the provisions of this chapter and may order the employer to take additional affirmative steps as are necessary, including reinstatement or reclassification of affected workers, to ensure an end to unlawful discrimination.
(C) In an action in which an affected employee prevails in a claim against an employer, the court shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the employer.
Section 41-12-80. (A) An action to recover the damages or equitable relief prescribed in Section 41-12-70 may be maintained against an employer in a court of competent jurisdiction by one or more employees or their representative for or on behalf of the employees or the employees and other employees similarly situated.
(B) The department shall receive, investigate, and attempt to resolve complaints of violations of Sections 41-12-40, 41-12-50, and 41-12-60.
(C) If the department is unable to reach a voluntary resolution of a complaint filed under Section 42-12-70, the department may bring an action in a court of competent jurisdiction to recover the equitable and monetary relief described in Section 41-12-70.
(D) Any sums recovered by the department pursuant to subsection (B) must be paid directly to each employee affected by the employer's unlawful acts.
Section 41-12-90. An action may be brought under this chapter not later than two years after the date of the last event constituting the alleged violation for which the action is brought.
Section 41-12-100. The department shall promulgate regulations necessary to carry out this chapter not later than November 1, 2001."
SECTION __. This act take effect July 1, 2001. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. MOODY-LAWRENCE explained the amendment.
Rep. CATO raised the Point of Order that Amendment No. 4 was out of order in that it was not germane to the Bill. He argued that the amendment struck all after the enacting words and was not germane to the Bill's title.
Rep. MOODY-LAWRENCE argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. MOODY-LAWRENCE proposed the following Amendment No. 5 (Doc Name COUNCIL\PT\AMEND\1200DW01), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. Title 41 of the 1976 Code is amended by adding:
Section 41-12-10. This chapter may be cited as the 'Fair Pay Act of 2001'.
Section 41-12-20. (A) The General Assembly finds that:
(1) Despite federal and state laws banning discrimination in employment and pay, in both the private and public sector, wage differentials persist between women and men and between minorities and non-minorities in the same jobs and in jobs that are dissimilar but that require equivalent composites of skill, effort, responsibility, and working conditions;
(2) The existence of such wage differentials:
(a) depresses wages and living standards for employees necessary for their health and efficiency;
(b) reduces family incomes and contributes to the higher poverty rates among female headed and minority households;
(c) prevents the maximum utilization of the available labor resources;
(d) tends to cause labor disputes, thereby burdening, affecting, and obstructing commerce; and
(e) constitutes an unfair method of competition;
(3) Discrimination in wage setting practices has played a role in depressing wages for women and minorities generally;
(4) Many individuals work in occupations that are dominated by individuals of their same sex, race, or national origin, and
(5) Eliminating discrimination in compensation based on sex, race, and national origin would have positive effects, including:
(a) providing a solution to problems in the economy created by discriminatory wage differentials;
(b) reducing the number of working women and people of color earning low wages, thereby lowering their incidence of poverty during normal working years and in retirement; and
(c) promoting stable families by raising family incomes.
(B) It is the purpose of this chapter to correct and as rapidly as practicable to eliminate discriminatory wage practices based on sex, race, or national origin or any combination of these.
Section 41-12-30. As used in this chapter:
(1) 'Department' means the Department of Labor, Licensing and Regulation.
(2) 'Employ' means to suffer or permit to work.
(3) 'Employee' means a person employed by an employer and includes all of an employer's permanent employees, whether working full-time or part-time, and any temporary employee employed by an employer for a period of at least three months. 'Employee' does not include an individual employed by his parents, spouse, or child.
(4) 'Employer' means a person who employs three or more persons and includes the State and all political subdivisions of the State.
(5) 'Equivalent jobs' means jobs or occupations that are equal within the meaning of the Equal Pay Act of 1963, 29 U.S.C. 206(d), or jobs or occupations that are dissimilar but whose requirements are equivalent, when viewed as a composite of skills, effort, responsibility, and working conditions.
(6) 'Labor organization' means an organization that exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances and terms and conditions of employment or of other mutual aid or protection in connection with employment.
(7) 'Market rates' means the rates that employers within a prescribed geographic area actually pay, or are reported to pay, for specific jobs, as determined by formal or informal surveys, wage studies, or other means.
(8) 'Person' means one or more individuals, partnerships, associations, corporations, limited liability companies, legal
(9) 'Wages' and 'wage rates' include all compensation in any form that an employer provides to employees in payment for work done or services rendered including, but not limited to, base pay, bonuses, commissions, awards, tips, or various forms of non-monetary compensation if provided in lieu of or in addition to monetary compensation and that have economic value to an employee.
Section 41-12-40. (A) It is an unlawful employment practice in violation of this chapter for an employer to discriminate between employees on the basis of sex, race, or national original or any combination of these by paying wages to employees:
(1) at a rate less than the rate paid to employees of the opposite sex or of a different race or national origin for work in equivalent jobs; or
(2) in a job that is dominated by employees of a particular sex, race, or national origin at a rate less than the rate at which the employer pays to employees in another job that is dominated by employees of the opposite sex or of a different race or national origin for work on equivalent jobs.
(B) Notwithstanding subsection (A), it is not an unlawful employment practice for an employer to pay different wage rates to employees, where these payments are made pursuant to:
(1) a bona fide seniority or merit system;
(2) a system that measures earnings by quantity or quality of production; or
(3) any bona fide factor other than sex, race, or national origin; however, wage differentials based on varying market rates for equivalent jobs or the differing economic benefits to the employer of equivalent jobs may not be considered differentials based on bona fide factors other than sex, race, or national origin.
(C) An employer who is paying wages in violation of this section must not, in order to comply with the provisions of this section, reduce the wages of any employee.
(D) No labor organization or its agents representing employees of an employer having employees subject to any provision of this chapter shall cause or attempt to cause the employer to discriminate against an employee in violation of subsection (A).
(E) The Department of Labor, Licensing and Regulation shall promulgate regulations specifying the criteria for determining whether
(1) whether the job has ever been formally classified as or traditionally considered to be a 'male' or 'female' or 'white' or 'minority' job;
(2) whether there is a history of discrimination against women or people of color with regard to wages, assignment, or access to jobs, or other terms and conditions of employment; and
(3) the demographic composition of the work force in equivalent jobs (e.g., numbers or percentages of women, men, white persons, and people of color). The regulations must not include a list of jobs.
Section 41-12-50. It is an unlawful employment practice in violation of this chapter for an employer to:
(1) take adverse actions or otherwise discriminate against an individual because the individual has opposed an act or practice made unlawful by this chapter, has sought to enforce rights protected under this chapter, or has testified, assisted, or participated in any manner in an investigation, hearing, or other proceeding to enforce this chapter; or
(2) discharge or in any other manner discriminate against, coerce, intimidate, threaten, or interfere with an employee or any other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages or the wages of any other employee or because the employee exercised, enjoyed, aided, or encouraged any other person to exercise or enjoy any right granted or protected by this chapter.
Section 41-12-60. (A) Upon commencement of an individual's employment and at least annually thereafter, every employer subject to this chapter shall provide to each employee a written statement sufficient to inform the employee of his or her job title, wage rate, and how the wage is calculated. This notice must be supplemented whenever an employee is promoted or reassigned to a different position with the employer; however, the employer is not required to issue supplemental notifications for temporary reassignments that are no greater than three months in duration.
(B) Every employer subject to this chapter shall make and preserve records that document the wages paid to employees and that document and support the method, system, calculations, and other bases used to establish, adjust, and determine the wage rates paid to the employer's employees. Every employer subject to this chapter shall
(C) The regulations promulgated pursuant to this chapter relating to the form of reports required by subsection (B) shall provide for protection of the confidentiality of employees and shall expressly require that reports must not include the names or other identifying information from which readers could discern the identifies of employees. The regulations may also identify circumstances that warrant a prohibition on disclosure of reports or information identifying the employer.
(D) The department may use the information and data it collects pursuant to subsection (B) for statistical and research purposes and may compile and publish studies, analyses, reports, and surveys based on the information and data, as it considers appropriate.
Section 41-12-70. (A) In an action in which a court or jury finds that an employer has engaged in acts that violate Sections 41-12-40, 41-12-50, or 41-12-60, the court or jury shall award to an affected employee monetary relief, including back pay in an amount equal to the difference between the employee's actual earnings and what the employee would have earned but for the employer's unlawful practices, and an additional amount in compensatory and punitive damages, as appropriate.
(B) In an action in which a court or jury finds that an employer has engaged in acts that violate Sections 41-12-40, 41-12-50, or 41-12-60, the court shall enjoin the employer from continuing to discriminate against affected employees and shall direct the employer to comply with the provisions of this chapter and may order the employer to take additional affirmative steps as are necessary, including reinstatement or reclassification of affected workers, to ensure an end to unlawful discrimination.
(C) In an action in which an affected employee prevails in a claim against an employer, the court shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the employer.
Section 41-12-80. (A) An action to recover the damages or equitable relief prescribed in Section 41-12-70 may be maintained against an employer in a court of competent jurisdiction by one or more employees or their representative for or on behalf of the employees or the employees and other employees similarly situated.
(B) The department shall receive, investigate, and attempt to resolve complaints of violations of Sections 41-12-40, 41-12-50, and 41-12-60.
(C) If the department is unable to reach a voluntary resolution of a complaint filed under Section 42-12-70, the department may bring an action in a court of competent jurisdiction to recover the equitable and monetary relief described in Section 41-12-70.
(D) Any sums recovered by the department pursuant to subsection (B) must be paid directly to each employee affected by the employer's unlawful acts.
Section 41-12-90. An action may be brought under this chapter not later than two years after the date of the last event constituting the alleged violation for which the action is brought.
Section 41-12-100. The department shall promulgate regulations necessary to carry out this chapter not later than November 1, 2001."
B. Notwithstanding the general effective date of this act, the provisions of this SECTION take effect July 1, 2001. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. MOODY-LAWRENCE explained the amendment.
Rep. CATO raised the Point of Order that Amendment No. 5 was out of order in that it was not germane to the Bill.
Rep. MOODY-LAWRENCE argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name DKA\AMEND\4083DW01), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 1, Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-130. (A) For purposes of this section 'political subdivision' includes, but is not limited to a municipality, county, school district, special purpose district, or public service district.
(B) A political subdivision of this State may not establish, mandate, or otherwise require a minimum wage standard that exceeds
(C) A state law may not establish, mandate, or otherwise require a minimum wage standard that exceeds the federal minimum wage standard set forth in 29 U.S.C. 201 et seq., the Fair Labor Standards Act of 1938. Also, a state law may not establish, mandate, or otherwise require a minimum wage standard related to employee wages that are exempt under 29 U.S.C. 201 et seq., the Fair Labor Standards Act of 1938.
(D) This section does not limit the authority of the State or its political subdivisions from establishing wage standards in contracts to which they are a party."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. CATO moved to table the amendment, which was agreed to.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bales Barfield Barrett Battle Bingham Campsen Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Hamilton Harrell Harrison Harvin Haskins Hayes Hinson Huggins Jennings Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Loftis Lourie Lucas McCraw McGee
McLeod Meacham-Richardson Merrill Miller Neal, J.M. Ott Owens Perry Phillips Rhoad Rice Riser Rivers Robinson Rodgers Scarborough Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Snow Stille Stuart Talley Taylor Thompson Townsend Trotter Vaughn Walker Webb White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Breeland Brown, G. Brown, R. Gourdine Govan Hines, J. Hines, M. Hosey Kennedy Lloyd Mack Moody-Lawrence Neal, J.H. Parks Rutherford Scott Weeks Whipper
So, the Bill, as amended, was read the second time and ordered to third reading.
I was not available to vote on the Minimum Wage Bill (H. 3289) because I was out of the Chamber at the time of the vote. It was necessary for me to leave early because I was scheduled to receive an award away from the State House. If I had been present, I would have definitely voted in favor of the Bill.
Rep. Bill Sandifer
I was temporarily delayed as a result of a meeting in my office. Had I been present I would have voted in favor of the Bill.
Rep. Dan Tripp
Rep. JENNINGS moved that the House do now adjourn, which was agreed to.
At 1:20 p.m. the House, in accordance with the motion of Rep. SANDIFER, adjourned in memory of Gordon Sheorn Colman, to meet at 10:00 a.m. tomorrow.
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