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.
Rep. D. SMITH moved that when the House adjourns, it adjourn in memory of Carole Ray Rooker Wynn, which was agreed to.
The following was received:
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.
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.
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 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.
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.
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 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.
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 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.
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 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.
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.
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 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 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
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
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 Sharpe Sheheen Simrill Smith, D. Smith, R. Stille Stuart Taylor Townsend Trotter Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
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
LEAVE OF ABSENCE
The SPEAKER granted Rep. HARRELL a leave of absence due to a death in the family.
Announcement was made that Dr. C. Tucker Weston of Columbia 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 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 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."
Bill Number: H. 3770 (Word version)
Date: ADD:
02/02/00 RICE
Bill Number: H. 3770 (Word version)
Date: ADD:
02/02/00 EASTERDAY
Bill Number: H. 4470 (Word version)
Date: ADD:
02/02/00 HUGGINS
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.
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 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.
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 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.
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.
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 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 PURCHASER'S PLACE OF BUSINESS, AND TO PROVIDE A PENALTY FOR A VIOLATION OF THIS ARTICLE.
Rep. STILLE explained the Bill.
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.
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.
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:
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.
Rep. LAW explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
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.
The motion period was dispensed with on motion of Rep. RICE.
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 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.
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.
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:
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 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
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
So, the motion to adjourn debate was tabled.
Rep. J. H. NEAL spoke against the Bill.
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.
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.
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.
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.
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.
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
The following named Senators voted for Mr. Avin:
The following named Senators voted for Mr. Bell:
The following named Senators voted for Mr. Boyd:
The following named Senators voted for Mr. Brown:
The following named Senators voted for Mr. Gibson:
The following named Senators voted for Ms. O'Neil:
The following named Senators voted for Mr. Thomas:
The following named Senators voted for Ms. Wessinger:
Alexander Bauer Courson Fair Giese Gregory Mescher Richardson Ryberg Wilson
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 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
The following named Representatives voted for Mr. Avin:
The following named Representatives voted for Mr. Bell:
The following named Representatives voted for Mr. Boyd:
The following named Representatives voted for Mr. Brown:
The following named Representatives voted for Mr. Gibson:
The following named Representatives voted for Ms. O'Neil:
The following named Representatives voted for Mr. Thomas:
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 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
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.
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.
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:
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.
Those who voted in the negative are:
Allison Altman Bales Barfield Barrett Brown, H. Cato Chellis Cooper Dantzler Davenport Easterday Edge Fleming Frye 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
So, the House refused to adjourn.
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 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:
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 Simrill Smith, D. Smith, R. Stille Townsend Trotter Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
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
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:
Those who voted in the affirmative are:
Allen Breeland Brown, G. Brown, J. Canty Cobb-Hunter Gourdine Govan Hamilton Harrison Haskins Hines, J. Hosey Howard Inabinett Lee Littlejohn Mack McLeod, M. McLeod, W. Moody-Lawrence Neal, J.H. Parks Pinckney Rutherford Scott Smith, F. Trotter Wilder
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
So, the House refused to recede.
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.
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.
Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:
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
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 Neal, J.H. Neilson Ott Pinckney Rhoad Rutherford Scott Smith, F. Smith, J.
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.
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:
"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." /
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:
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
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
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 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 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:
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
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. Ott Parks Pinckney Rhoad Rutherford Scott Smith, F. Wilkes
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.
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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