Printed Page 4640, May 30
| Printed Page 4660, May 30
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Printed Page 4640, May 30
| Printed Page 4660, May 30
| Rep. BAILEY asked unanimous consent to recall S. 66 from the Committee on Ways and Means.
Rep. McMAHAND objected.
On motion of Rep. TUCKER, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Judiciary.
S. 1432 -- Senators Holland, Cork, Ford, McConnell, Jackson, Courtney, Bryan, Russell, Mescher, Moore, Martin, Saleeby, Lander, Wilson and Rankin: A CONCURRENT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER IN EVALUATING THE LAWS CONCERNING THE JURISDICTION, NUMBER OF AVAILABLE POSITIONS, LOCATION, QUALIFICATIONS, CONTINUING EDUCATION AND CERTIFICATION REQUIREMENTS, AND COMPENSATION AND OTHER BENEFITS OF MAGISTRATES IN EACH COUNTY AND THROUGHOUT THE STATE AND THE MAGISTRATES COURTS' ROLE IN THE UNIFORM JUDICIAL SYSTEM.
Rep. LITTLEJOHN asked unanimous consent to recall H. 4650 from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.
Rep. ALLISON asked unanimous consent to recall H. 3263 from the Committee on Education and Public Works.
Rep. HALLMAN objected.
On motion of Rep. J. YOUNG, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
S. 1037 -- Senators Leventis and Washington: A BILL TO AMEND SECTION 16-17-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO REDUCE THE PENALTY FROM A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT LESS THAN TWO YEARS, OR BOTH, TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT LESS THAN THIRTY DAYS, OR BOTH.
The veto on the following Bill was taken up.
H. 4159 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-3495 SO AS TO LIMIT THE DISTRIBUTION OF PROFITS DERIVED FROM THE GAME OF BINGO.
Rep. KIRSH moved to adjourn debate upon the veto until Friday, May 31, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO
Rep. SHARPE moved to adjourn debate upon the Senate amendments.
Rep. MEACHAM moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Baxley Beck Breeland Cobb-Hunter Davenport Hallman Harris, J. Hines, M. Hodges Howard Hutson Jaskwhich Jennings Keegan Kelley Keyserling Lanford Law Limehouse McMahand McTeer Meacham Seithel Sheheen Shissias Simrill Walker Wells Whipper, L. Whipper, S. Wofford Young Young-Brickell
Those who voted in the negative are:
Bailey Brown, G. Brown, J. Brown, T. Cain Carnell Cato Chamblee Clyburn Cooper Dantzler Delleney Easterday Felder Fleming Fulmer Gamble Harrell Harris, P. Inabinett Kinon Kirsh Knotts Koon Limbaugh Littlejohn Lloyd Martin Mason McAbee McCraw Neilson Phillips Quinn Rhoad Rice Richardson Riser Sharpe Smith, D. Smith, R. Spearman Stoddard Stuart Tripp Trotter Tucker Waldrop
Whatley Wilder Wilkins Williams Witherspoon Wright
So, the House refused to table the motion to adjourn debate.
The question then recurred to the motion to adjourn debate, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration.
H. 4584 -- Reps. Cooper, H. Brown, Fulmer, Knotts, Young-Brickell, Wofford, Hallman, Quinn, Cato, P. Harris, Harrell and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO MAKE IT UNLAWFUL TO DISTURB OR INTERFERE OR REMOVE MONUMENTS OR MEMORIALS FOR WAR VETERANS AND PROVIDE A PENALTY.
Rep. YOUNG-BRICKELL moved to continue the Bill.
Rep. SCOTT demanded the yeas and nays, which were not ordered.
The Bill was continued by a division vote of 43 to 25.
The Senate amendments to the following Bill were taken up for consideration.
H. 4526 -- Reps. Wilkins, Sharpe, H. Brown, Harrison, Sheheen, Jennings, Martin, Cato, Cromer, Wright, Hodges and Spearman: A BILL TO AMEND SECTION 10-11-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF UNAUTHORIZED ENTRY INTO THE CAPITOL BUILDING, SO AS TO MAKE THE CRIME APPLY TO ANY OTHER BUILDING IN WHICH THE GENERAL ASSEMBLY IS MEETING.
Rep. TUCKER moved to continue the Bill, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration.
H. 3838 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.
Rep. CATO proposed the following Amendment No. 1A (Doc Name P:\amend\PT\2593JM.96), which was adopted.
Amend the bill, as and if amended, page 9, SECTION 11, by striking line 1 and inserting in lieu thereof:
/SECTION 11. Sections 42-1-510 and 42-1-530 of the/
Amend further by adding an appropriately numbered SECTION to read:
/SECTION . Section 42-1-520 of the 1976 Code is amended to read:
"Section 42-1-520. An employee officer of a corporation who elects not to operate under this Title, shall, in any action to recover damages for personal injury or death brought against an employer accepting the compensation provisions of this Title, proceed at common law and the employer may avail himself of the defenses of contributory negligence, negligence of a fellow servant, and assumption of risk, as such defenses exist at common law."/
Renumber SECTIONS to conform.
Amend title to conform.
Rep. CATO explained the amendment.
The SPEAKER granted Reps. SCOTT and WHITE a leave of absence for the remainder of the day due to attending a Women in Government meeting on Health Issues for Aging.
Rep. CATO continued speaking.
Rep. LITTLEJOHN raised the Point of Order that Amendment No. 1A was out of order under Rule 9.3 in that it did not refer to the intent of the Bill.
Rep. CATO argued contra the Point in stating that the Bill now included everything.
The SPEAKER stated that the amendment was germane to the Bill as amended by the Senate and he overruled the Point of Order.
The amendment was then adopted.
Rep. CATO moved immediate cloture on the entire matter, which was agreed to.
Rep. ROBINSON proposed the following Amendment No. 2A (Doc Name P:\amend\DKA\3797JM.96), which was tabled.
Amend the bill, as and if amended, page 8, by striking SECTION 12 (lines 29 through 43), and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor. Employers who have filed with the Workers' Compensation Commission a notice to reject the provisions of Title 42 before the effective date of this act shall not be required to comply with the provisions of this act relating to insuring their workers' compensation liabilities. Any employer who has rejected the terms of this title prior to approval of this act and has procured another form of employee benefits insurance shall not be required to comply with the provisions of this act relating to the insuring of its workers' compensation liabilities. Furthermore, nothing in this act shall affect or alter any cause of action, right, or claim accruing before the effective date of this act; any such cause of action, remedy, or claim accruing before the effective date of this act shall be governed by the law prior to the effective date of this act./
Amend title to conform.
Rep. RICHARDSON explained the amendment.
Rep. CATO moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:
Anderson Askins Bailey Baxley Beck Brown, J. Brown, T. Cain Carnell Cato Chamblee Clyburn Cobb-Hunter Cooper Cotty Dantzler Delleney Fulmer Gamble Harrell Harris, J. Harris, P. Hines, J. Hines, M. Inabinett Keegan Kelley Keyserling Kinon Klauber Knotts Law Lee Limbaugh Lloyd Martin McAbee McElveen McMahand Rhoad Rogers Sandifer Sharpe Sheheen Shissias Smith, R. Spearman Stoddard Stuart Trotter Tucker Waldrop Whatley Whipper, L. Whipper, S. Wilder Wilkins Williams Witherspoon Young Young-Brickell
Those who voted in the negative are:
Allison Davenport Easterday Fleming Hallman Howard Hutson Kirsh Koon Lanford Limehouse Littlejohn Loftis Mason Meacham Neilson Phillips Rice Richardson Riser Seithel Simrill Tripp Vaughn Wells Wilkes Wofford Wright
So, the amendment was tabled.
Amend the bill, as and if amended, page 8, line 27, by striking /1997/ and inserting:
/2001/.
Amend further, page 8, by striking lines 29 through 43, and inserting:
/SECTION 12. Except as may otherwise be provided by this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42, may file a notice with the commission by July 1, 2000, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./
Amend title to conform.
Rep. RICHARDSON explained the amendment.
Rep. CATO moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey Baxley Beck Brown, G. Brown, T. Byrd Cain Carnell Cato Clyburn Cobb-Hunter Cotty Dantzler Delleney Fulmer Gamble Harris, J. Harris, P. Hines, J. Hines, M. Hodges Inabinett Jennings Keegan Kelley Keyserling Kinon Law Lee Limbaugh Lloyd Martin McAbee McCraw McElveen McMahand Neal Neilson Sandifer Sharpe Sheheen Shissias Smith, R. Spearman Stoddard Stuart Trotter Tucker Waldrop Whatley Whipper, L. Whipper, S.
Wilder Wilkes Wilkins Wofford Young-Brickell
Those who voted in the negative are:
Allison Chamblee Cooper Davenport Easterday Fleming Hallman Howard Hutson Jaskwhich Kirsh Knotts Koon Lanford Limehouse Littlejohn Loftis Mason Meacham Rhoad Rice Richardson Riser Seithel Simrill Stille Tripp Vaughn Walker Wells Witherspoon Wright
So, the amendment was tabled.
Rep. LANFORD moved to adjourn debate upon the Senate amendments.
Rep. CATO moved to table the motion.
Rep. LANFORD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey Baxley Brown, J. Byrd Cain Carnell Cato Clyburn Cobb-Hunter Cotty Dantzler Delleney Felder Fulmer Gamble Harris, J. Hines, J. Hines, M. Hodges Inabinett Jennings Keegan Kelley Keyserling Kinon Law Lee Lloyd
Martin McElveen McMahand Neal Neilson Rhoad Riser Rogers Sandifer Sharpe Sheheen Shissias Smith, R. Spearman Stuart Trotter Waldrop Whatley Whipper, L. Whipper, S. Wilkes Wilkins Witherspoon Wofford Young Young-Brickell
Those who voted in the negative are:
Allison Beck Chamblee Cooper Davenport Easterday Fleming Hallman Harris, P. Howard Hutson Jaskwhich Kirsh Knotts Koon Lanford Limbaugh Limehouse Littlejohn Loftis Mason McAbee McCraw Meacham Rice Richardson Seithel Simrill Smith, D. Stoddard Tripp Tucker Vaughn Wells Wilder Williams Wright
So, the motion to adjourn debate was tabled.
Rep. Robinson proposed the following Amendment No. 4A (Doc Name P:\amend\DKA\3800JM.96), which was tabled.
Amend the bill, as and if amended, by striking SECTIONS 3, 5, 10, and 11 in their entirety.
Amend further, page 8, by striking SECTION 12 (lines 29 through 43) and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Printed Page 4640, May 30
| Printed Page 4660, May 30
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