Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rep. HAYES as follows:
O God, our Father, Who has placed us here and given us work to do, give us the desire to do it as in Your sight. Deliver us from coldness of heart which is not attuned to Your plans, and from littleness of faith that will not ask for Your help. Forbid that we should live for ourselves alone. Whether our tasks be humble or that we carry great responsibilities, may we give it our best. In toil or in rest, in hardship or in comfort, in sorrow or in joy, may we be like Enoch of old who "walked with God." Be with us this day and always. 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. DAVENPORT moved that when the House adjourns, it adjourn in memory of John N. Owens, Sr. of Boiling Springs, which was agreed to.
The following were received and referred to the appropriate committee for consideration:
Document No. 2582
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110(2), et seq., 1-23-110, et seq., 38-90-10, et seq.
Captive Insurance Companies
Received by Speaker of the House of Representatives
February 5, 2001
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration June 5, 2001
Document No. 2580
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 38-3-110(2),
1-23-110, et seq., 38-78-110
Service Contracts
Received by Speaker of the House of Representatives
February 5, 2001
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration June 5, 2001
Document No. 2597
Agency: Workers' Compensation Commission
Statutory Authority: 1976 Code Section 42-3-30
Admission of Expert's Report as Evidence
Received by Speaker of the House of Representatives
February 5, 2001
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration June 5, 2001
Document No. 2433
Agency: Department of Labor, Licensing and Regulation, Board of Speech-Language Pathology and Audiology
Audiology License - Hearing Aid Dispensing; Speech-Language Pathology - Augmentative and/or Alternative Communication Devices
Received by Speaker of the House of Representatives
January 11, 2000
Referred to Medical Affairs Committee
20000223 Committee Request Withdrawal
120 Day Period Tolled
20010131 Withdrawn
Document No. 2469
Agency: Department of Labor, Licensing and Regulation, Board of Pharmacy
Registration Procedure and Waiver of Fee for Volunteer Pharmacy Technicians in Free Medical Clinics
Received by Speaker of the House of Representatives
January 11, 2000
Referred to Medical Affairs Committee
20000223 Committee Request Withdrawal
120 Day Period Tolled
20010131 Withdrawn
The following was introduced:
H. 3457 (Word version) -- Reps. Wilkins, W. D. Smith, Harrison, Harrell, Cato, Sharpe, Townsend, Kelley and Robinson: A HOUSE RESOLUTION HONORING RONALD WILSON REAGAN, OUR NATION'S FORTIETH PRESIDENT, ON THE OCCASION OF HIS NINETIETH BIRTHDAY ON FEBRUARY 6, 2001, AND DECLARING FEBRUARY SIXTH TO BE "RONALD REAGAN DAY".
The Resolution was adopted.
On motion of Rep. QUINN, with unanimous consent, the following was taken up for immediate consideration:
H. 3458 (Word version) -- Reps. Quinn and Wilkins: A CONCURRENT RESOLUTION TO AUTHORIZE THE COMMISSIONING OF A PORTRAIT OF REPRESENTATIVE TERRY E. HASKINS TO BE PLACED IN THE STATE HOUSE.
Whereas, Representative Terry E. Haskins, our beloved Speaker Pro Tempore, was struck down on October 24, 2000, at the young age of forty-five by a disease he fought valiantly for years; and
Whereas, Representative Terry E. Haskins was a dedicated public servant, having served House District 22 in Greenville County since 1987 and serving as the House Minority Leader from 1988 through 1992. In 1994, he was elected to the position he held until his untimely passing, that of Speaker Pro Tempore; and
Whereas, Representative Haskins played instrumental roles in the resolution of many pivotal issues the State faced in the 1990's; and
Whereas, Terry was the architect of the law that successfully and finally banished video gambling in the State of South Carolina; and
Whereas, Representative Haskins was one of the first Republicans to advocate, with sensitivity and courage, the removal of the Confederate Flag from the State House dome; and
Whereas, equipped with superb communicative skills, Representative Haskins developed a reputation for bringing together people of different positions and solving the thorniest of problems that came before the General Assembly; and
Whereas, Terry Haskins' oratorical skills and intellectual capacity were legendary at the State House and in other forums in which he participated; and
Whereas, it is with great sadness that the State witnessed the passing of this great statesman who leaves a legacy the breadth of which will not be equaled in the near future. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly authorizes the placing of a portrait of Representative Terry E. Haskins, with an appropriate ceremony of the House of Representatives, in the State House as a memorial and tribute to this great South Carolinian.
Be it further resolved that the Clerks of the House and Senate determine an appropriate artist to paint the portrait. The Clerks shall consult with the South Carolina Museum and the South Carolina Arts Commission. The portrait shall measure no more than thirty-six inches high and thirty-two inches wide. It must be hung on a wall located in the stairwell leading from the first to the second floor of the State House on its western side, which leads to the Chamber of the House of Representatives. The cost of obtaining the portrait must be paid by private contributions.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3459 (Word version) -- Reps. Stuart, Cobb-Hunter, Govan, Ott and Sharpe: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE HENRY M. CHAPLIN, CHAIRMAN AND CHIEF EXECUTIVE OFFICER OF THE SILVER SPRINGS WATER DISTRICT IN ORANGEBURG COUNTY, AND THE DISTRICT'S STAFF FOR MAKING MONUMENTAL STRIDES IN PROVIDING CLEAN, SAFE, AND AFFORDABLE WATER TO ITS CLIENTS AND IN THE EXPANSION OF THE DISTRICT'S SERVICE AREA, THEREBY IMPROVING THE ECONOMIC CLIMATE OF THAT PORTION OF ORANGEBURG COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. STUART, with unanimous consent, the following was taken up for immediate consideration:
H. 3460 (Word version) -- Rep. Stuart: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE MEMBERS OF THE SWANSEA HIGH SCHOOL TIGER BAND ON WEDNESDAY, FEBRUARY 7, 2001, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF COMMENDING THEM ON WINNING THE 2000 CLASS AA MARCHING BAND STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the members of the House of Representatives extend the privilege of the floor to the members of the Swansea High School Tiger Band on Wednesday, February 7, 2001, at a time to be determined by the Speaker, for the purpose of commending them on winning the 2000 Class AA Marching Band State Championship.
The Resolution was adopted.
The following was introduced:
H. 3461 (Word version) -- Rep. Stuart: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE MEMBERS OF THE SWANSEA HIGH SCHOOL TIGER BAND FOR WINNING THE 2000 CLASS AA MARCHING BAND STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 265 (Word version) -- Senators Bauer and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND CARL M. HUST OF IRMO FOR HIS DEDICATION AND HARD WORK SPENT DEVELOPING FULL RECREATIONAL OPPORTUNITIES FOR THE PEOPLE LIVING IN THE IRMO AND CHAPIN COMMUNITIES, AND TO HONOR HIM FOR THE LEADERSHIP ROLES HE HAS ASSUMED, AT VARIOUS TIMES OVER THE LAST THIRTY YEARS, ON THE LEXINGTON/RICHLAND SCHOOL DISTRICT FIVE BOARD OF TRUSTEES AND ON THE IRMO-CHAPIN RECREATION COMMISSION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3462 (Word version) -- Reps. Campsen, Allison, Askins, Barrett, Battle, Bingham, Bowers, Carnell, Cato, Chellis, Coates, Coleman, Cotty, Dantzler, Delleney, Easterday, Gilham, Hamilton, Harrell, Harrison, Harvin, Haskins, Hinson, Huggins, Jennings, Knotts, Law, Leach, Limehouse, Littlejohn, Lourie, Lucas, McGee, McLeod, Meacham-Richardson, Miller, Quinn, Rice, Riser, Robinson, Rodgers, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stuart, Tripp, Walker, Whatley, Wilder, Wilkins, A. Young and J. Young: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 59 ENACTING THE SOUTH CAROLINA CONSERVATION BANK ACT SO AS TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK FOR THE PURPOSE OF MAKING GRANTS AND LOANS TO PUBLIC OR PRIVATE ENTITIES TO ACQUIRE INTERESTS IN REAL PROPERTY WORTHY OF CONSERVATION, TO PROVIDE FOR THE GOVERNANCE OF THE BANK, TO PROVIDE THOSE ENTITIES ELIGIBLE TO RECEIVE BANK GRANTS, TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND TO RECEIVE BANK REVENUES, AND TO PROVIDE THE CRITERIA WHICH THE BANK MUST USE IN JUDGING APPLICATIONS FOR GRANTS; TO ESTABLISH THE "CONSERVE SOUTH CAROLINA" MOTOR VEHICLE LICENSE PLATE AND PROVIDE THAT THE REVENUE OF THE EXTRA FEE FOR THIS PLATE MUST BE CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT; TO PROVIDE THAT REVENUES OF THE STATE PORTION OF THE DEED RECORDING FEE CREDITED TO THE GENERAL FUND OF THE STATE IS INSTEAD CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT AND PHASE IN THESE REVENUES OVER TWO FISCAL YEARS; TO EXEMPT FROM THE REQUIREMENT THAT PUBLIC ENTITIES CONVEYING A CONSERVATION EASEMENT HAVE THAT CONVEYANCE APPROVED BY THE ADVISORY BOARD OF THE HERITAGE TRUST PROGRAM CERTAIN EASEMENTS CONVEYED BY COUNTIES AND MUNICIPALITIES THAT INVOLVE GRANTS OR LOANS BY THE SOUTH CAROLINA CONSERVATION BANK; TO REPEAL CHAPTER 59, TITLE 48, ADDED BY THIS ACT AND THE REMAINING PROVISIONS OF THIS ACT JULY 1, 2012, UNLESS THESE PROVISIONS ARE REENACTED OR OTHERWISE EXTENDED BY THE GENERAL ASSEMBLY; AND TO PROVIDE FOR THE WINDING-UP OF THE AFFAIRS OF THE BANK.
Referred to Committee on Ways and Means
H. 3463 (Word version) -- Reps. J. H. Neal, J. Brown, Cobb-Hunter, Gourdine, Hosey, Lloyd, Mack, Moody-Lawrence, Parks and Scott: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER, SO AS TO PROVIDE THAT A PERSON MAY NOT BE EXECUTED IF THE PERSON WAS UNDER EIGHTEEN YEARS OLD WHEN THE CRIME WAS COMMITTED AND TO DELETE THE MITIGATING CIRCUMSTANCE OF BEING UNDER THE AGE OF EIGHTEEN WHEN THE CRIME WAS COMMITTED.
Referred to Committee on Judiciary
H. 3464 (Word version) -- Reps. Altman and Whatley: A BILL TO AMEND SECTION 50-23-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF NUMBERS AND CERTIFICATES FOR MOTORBOATS, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION REQUIRING A FEE DO NOT APPLY TO MOTORBOATS OWNED BY A VOLUNTEER RESCUE SQUAD THAT ARE USED EXCLUSIVELY FOR THE PURPOSE OF THE RESCUE SQUAD.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3465 (Word version) -- Reps. Easterday, Allison, Altman, Barrett, G. Brown, Campsen, Cato, Chellis, Coleman, Davenport, Hamilton, Harrison, Haskins, Law, Leach, McLeod, Moody-Lawrence, Rice, Robinson, Sandifer, F. N. Smith, W. D. Smith, Stille, Tripp, Vaughn and A. Young: A BILL TO AMEND TITLE 58, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, BY ADDING SECTION 58-3-230 SO AS TO PROHIBIT THE UNAUTHORIZED CHANGE OF A CUSTOMER'S UTILITY SERVICE PROVIDER AND TO ESTABLISH PENALTIES.
Referred to Committee on Labor, Commerce and Industry
The following was introduced:
H. 3466 (Word version) -- Reps. J. Young, G. M. Smith, Weeks, G. Brown and J. H. Neal: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF WOODROW AVINS OF SUMTER AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND FRIENDS.
The Resolution was adopted.
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 Carnell Cato Chellis Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Keegan Kelley Kennedy Kirsh Klauber Knotts Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.H. Neal, J.M. Neilson Ott Owens Parks Perry Phillips Quinn Rhoad Rice Riser Rivers Robinson Rodgers Rutherford Sandifer Scarborough Scott Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks 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 6.
Harry Askins Fletcher Smith Vincent Sheheen Tracy Edge Larry Koon Alex Harvin Marty Coates Douglas Jennings Bessie Moody-Lawrence
DOCTOR OF THE DAY
Announcement was made that Dr. Terry Dodge of Rock Hill 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. 3142 (Word version)
Date: ADD:
02/06/01 BINGHAM
Bill Number: H. 3289 (Word version)
Date: ADD:
02/06/01 BINGHAM
Bill Number: H. 3289 (Word version)
Date: ADD:
02/06/01 ALTMAN
Bill Number: H. 3405 (Word version)
Date: ADD:
02/06/01 HUGGINS
Bill Number: H. 3418 (Word version)
Date: ADD:
02/06/01 WHITE
Bill Number: H. 3419 (Word version)
Date: ADD:
02/06/01 WHITE
Bill Number: H. 3447 (Word version)
Date: ADD:
02/06/01 WHITE
Bill Number: H. 3290 (Word version)
Date: REMOVE:
02/06/01 COLEMAN
Bill Number: H. 3290 (Word version)
Date: REMOVE:
02/06/01 CHELLIS
Bill Number: H. 3290 (Word version)
Date: REMOVE:
02/06/01 HINSON
Bill Number: H. 3290 (Word version)
Date: REMOVE:
02/06/01 LAW
Bill Number: H. 3290 (Word version)
Date: REMOVE:
02/06/01 DANTZLER
Bill Number: H. 3290 (Word version)
Date: REMOVE:
02/06/01 COTTY
The following Bill was taken up:
H. 3142 (Word version) -- Reps. Cato, Wilkins, Davenport, Vaughn, Sandifer, Simrill, Walker, Altman, Robinson, Cotty, White, Thompson, Knotts, Campsen, Coates, McGee and Bingham: 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. LAW explained the Bill.
Reps. COBB-HUNTER, GOVAN, J. E. SMITH, WEEKS, MILLER, HOSEY, BREELAND, R. BROWN, MACK, GOURDINE, J. H. NEAL and HOWARD objected to the Bill.
Reps. CLYBURN, LAW, CATO, HAMILTON, EASTERDAY, LEACH, J. R. SMITH, SHARPE, CHELLIS, HINSON, W. D. SMITH and LLOYD requested debate on the Bill.
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 and Bingham: 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):
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.
Reps. GOVAN, J. E. SMITH, RUTHERFORD, MCLEOD, HOSEY, CATO, CLYBURN, WEEKS, LAW, LLOYD, R. BROWN, BREELAND, MACK, J. R. SMITH, LIMEHOUSE, CHELLIS, ALTMAN, MARTIN and OTT requested debate on the Bill.
Reps. COBB-HUNTER and J. H. NEAL objected to the Bill.
Rep. CATO moved to adjourn debate upon the following Bill until Tuesday, February 13, which was adopted:
H. 3288 (Word version) -- Reps. Cato, Edge and White: A BILL TO AMEND CHAPTER 29, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OF MANUFACTURED HOUSING, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1165DW01):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 7-5-120(B) of the 1976 Code, as last amended by Act 365 of 1994, is further amended to read:
"(B) A person is disqualified from being registered or voting if he:
(1) is mentally incompetent as adjudicated by a court of competent jurisdiction; or
(2) is serving a term of imprisonment resulting from a conviction of a crime; or
(3) is convicted of a violent crime, as defined in section 16-1-60, or offenses against the election laws, unless the disqualification has been removed by pardon; or
(3)(4) is convicted of a any other felony or offenses against the election laws, unless the disqualification has been removed by service of the sentence, including probation and parole time unless sooner pardoned pardon or fifteen years or more has passed after the completion date of service of the sentence, including probation and parole time."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. FLEMING explained the amendment.
Rep. F. N. SMITH requested debate on the Bill.
Rep. FLEMING continued speaking.
Rep. J. H. NEAL spoke against the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. J.H. NEAL having the floor.
Rep. J. H. NEAL moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 3467 (Word version) -- Reps. Carnell, Parks and Klauber: A HOUSE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE LANDER UNIVERSITY MEN'S TENNIS TEAM AND EACH INDIVIDUAL PLAYER FOR WINNING THEIR EIGHTH CONSECUTIVE NCAA DIVISION II NATIONAL CHAMPIONSHIP AND WISH THEM MANY MORE CHAMPIONSHIP SEASONS IN THE FUTURE.
The Resolution was adopted.
On motion of Rep. CARNELL, with unanimous consent, the following was taken up for immediate consideration:
H. 3468 (Word version) -- Reps. Carnell, Parks and Klauber: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LANDER UNIVERSITY MEN'S TENNIS TEAM FOR THE PURPOSE OF COMMENDING THEM ON WINNING THE NCAA DIVISION II NATIONAL MEN'S TENNIS CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the members of the House of Representatives extend the privilege of the floor to the members of the Lander University Men's Tennis Team at a date and time to be determined by the Speaker for the purpose of commending them on winning the NCAA Division II National Men's Tennis Championship.
The Resolution was adopted.
The following was introduced:
H. 3469 (Word version) -- Rep. Ott: A CONCURRENT RESOLUTION TO COMMEND JAMES MACK, SON OF NINA AND FRANK MACK AND A SENIOR AT HAMMOND SCHOOL IN COLUMBIA, FOR ACHIEVING A PERFECT SCORE OF SIXTEEN HUNDRED ON THE NATIONALLY RENOWNED COLLEGE ENTRANCE EXAMINATION, THE SCHOLASTIC APTITUDE TEST.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. OTT, with unanimous consent, the following was taken up for immediate consideration:
H. 3470 (Word version) -- Rep. Ott: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO JAMES AND CATHERINE MACK AND THEIR PARENTS, NINA AND FRANK MACK, ON TUESDAY, FEBRUARY 13, 2001, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF RECOGNIZING JAMES AND CATHERINE FOR BOTH ACHIEVING A PERFECT SCORE OF SIXTEEN HUNDRED ON THE SCHOLASTIC APTITUDE TEST AND FOR THE PURPOSE OF RECOGNIZING THEIR PARENTS FOR THEIR STELLAR JOB OF RAISING THESE TWO EXCEPTIONAL YOUNG ADULTS.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to James and Catherine Mack and their parents, Nina and Frank Mack, on Tuesday, February 13, 2001, at a time to be determined by the Speaker for the purpose of recognizing James and Catherine for both achieving a perfect score of sixteen hundred on the Scholastic Aptitude Test and for the purpose of recognizing their parents for their stellar job of raising these two exceptional young adults.
The Resolution was adopted.
The following was introduced:
H. 3471 (Word version) -- Rep. Ott: A CONCURRENT RESOLUTION TO COMMEND CATHERINE MACK, DAUGHTER OF NINA AND FRANK MACK, AND STUDENT AT HAMMOND SCHOOL IN COLUMBIA, FOR ACHIEVING A PERFECT SCORE OF SIXTEEN HUNDRED ON THE NATIONALLY RENOWNED COLLEGE ENTRANCE EXAMINATION, THE SCHOLASTIC APTITUDE TEST.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3472 (Word version) -- Rep. Ott: A CONCURRENT RESOLUTION TO RECOGNIZE NINA AND FRANK MACK OF SANDY RUN FOR THEIR EXCEPTIONAL JOB AS PARENTS OF JAMES AND CATHERINE MACK WHO BOTH EARNED A PERFECT SCORE OF SIXTEEN HUNDRED ON THE SCHOLASTIC APTITUDE TEST AND TO EXPRESS THE PRIDE OF THE GENERAL ASSEMBLY IN THE ACCOMPLISHMENTS OF THIS FAMILY.
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. 3473 (Word version) -- Reps. J. R. Smith, Neilson, Rodgers, Webb, Keegan, Barfield, Gilham, Miller, Cato, Clyburn, Perry, Rice, Robinson, Sharpe and D. C. Smith: A BILL TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE 19 SO AS TO RENAME THE AIKEN COUNTY COMMISSION FOR TECHNICAL EDUCATION AS THE AIKEN COUNTY COMMISSION FOR TECHNICAL AND COMPREHENSIVE EDUCATION; AND TO AMEND SECTIONS 59-53-210, 59-53-240, 59-53-410, AS AMENDED, 59-53-510, 59-53-515, 59-53-710, 59-53-810, AS AMENDED, 59-53-910, AND 59-53-1410, ALL RELATING TO THE ESTABLISHMENT OF THE GOVERNING BODIES OF VARIOUS OF THE STATE'S TECHNICAL COLLEGES, SO AS TO CHANGE THE NAMES OF THE GOVERNING BODIES TO REFLECT THE REVISED NAMES OF THE INSTITUTIONS ADMINISTERED BY THESE BOARDS, CONFORM THE PROVISIONS TO LATER ENACTMENTS, CHANGE THE MANNER IN WHICH MEMBERS OF THE AREA COMMISSION FOR TRIDENT TECHNICAL COLLEGE FROM BERKELEY COUNTY ARE RECOMMENDED FOR APPOINTMENT, DELETE OBSOLETE PROVISIONS, AND MAKE GRAMMATICAL CHANGES.
Referred to Committee on Education and Public Works
H. 3474 (Word version) -- Reps. Knotts, Bingham, Coates, Edge, Limehouse and McGee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-235 SO AS TO REQUIRE THE STATE BOARD OF COSMETOLOGY TO ISSUE A TEMPORARY PERMIT AS A COSMETOLOGIST, ESTHETICIAN, OR NAIL TECHNICIAN TO A PERSON WHO HAS COMPLETED THE REQUIRED CLASS HOURS, SUCCESSFULLY PASSED THE SCHOOL EXAMINATION, AND PAID APPLICABLE FEES; AND TO PROVIDE THAT A PERSON MAY ONLY PRACTICE IN A LICENSED SALON UNDER THE SUPERVISION OF A LICENSEE; AND TO PROVIDE THAT THE PERMIT IS VALID FOR NINETY DAYS FROM THE DATE OF ISSUANCE.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3475 (Word version) -- Rep. Knotts: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR HOMES ON WHICH THE INTEREST PORTION OF INDEBTEDNESS IS DEDUCTIBLE PURSUANT TO THE INTERNAL REVENUE CODE AS AN INTEREST EXPENSE ON A QUALIFIED PRIMARY OR SECOND RESIDENCE ALSO BEING A PRIMARY OR SECOND RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAXATION IN THIS STATE AND BEING CONSIDERED REAL PROPERTY RATHER THAN PERSONAL PROPERTY FOR PROPERTY TAX PURPOSES.
Referred to Committee on Ways and Means
H. 3476 (Word version) -- Rep. Knotts: A BILL TO AMEND SECTION 17-22-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT BE CONSIDERED FOR PRETRIAL INTERVENTION, SO AS TO PROVIDE THAT A PERSON UNDER THE AGE OF TWENTY-ONE WHO HAS NOT BEEN ACCEPTED INTO AN INTERVENTION PROGRAM PREVIOUSLY AND WHO IS CHARGED WITH AN ALCOHOL-RELATED MISDEMEANOR MAY BE CONSIDERED FOR PRETRIAL INTERVENTION.
Referred to Committee on Judiciary
H. 3477 (Word version) -- Reps. Vaughn, Tripp, Hamilton, Easterday, Leach, Haskins, Wilkins and Cato: A BILL TO AUTHORIZE THE SCHOOL DISTRICT OF GREENVILLE COUNTY TO CHARGE AND COLLECT MATRICULATION AND INCIDENTAL FEES FROM PUPILS AND TO PROVIDE FOR WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.
On motion of Rep. VAUGHN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3478 (Word version) -- Rep. Knotts: A BILL TO AMEND SECTION 59-149-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STUDENT CRITERIA FOR LIFE SCHOLARSHIPS, SO AS TO DELETE A PROVISION WHICH MAKES A STUDENT INELIGIBLE FOR A LIFE SCHOLARSHIP, WITH CERTAIN EXCEPTIONS, IF THE STUDENT HAS BEEN CONVICTED OF AN ALCOHOL-RELATED OFFENSE.
Referred to Committee on Education and Public Works
H. 3479 (Word version) -- Reps. W. D. Smith, Sandifer, Edge, J. E. Smith, Allison, Altman, Bales, Barrett, Battle, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Clyburn, Cobb-Hunter, Coleman, Davenport, Fleming, Govan, Harvin, Hinson, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Klauber, Law, Lee, Limehouse, Lloyd, Lourie, Mack, McCraw, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, Ott, Quinn, Rodgers, Rutherford, Scott, Sharpe, F. N. Smith, G. M. Smith, J. R. Smith, Snow, Talley, Taylor, Townsend, Vaughn, Weeks, Whatley, Whipper, Wilder, Witherspoon, A. Young and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-42-75 SO AS TO PROVIDE THAT ANY MANUFACTURER, BREWER, OR IMPORTER OF BEER OR ITS AFFILIATE MAY HOLD AN INTEREST IN A LIMITED PARTNERSHIP PROVIDING FINANCIAL ASSISTANCE TO A GENERAL PARTNER WHOLESALER UNDER CERTAIN CONDITIONS, RESTRICTIONS, AND LIMITATIONS.
Referred to Committee on Judiciary
H. 3480 (Word version) -- Reps. J. E. Smith and Miller: A BILL TO AMEND SECTION 56-5-2360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRIVER OF A VEHICLE YIELDING THE RIGHT-OF-WAY TO AN EMERGENCY OR POLICE VEHICLE WHEN AN EMERGENCY OR POLICE VEHICLE MAKES USE OF CERTAIN SIGNALS, SO AS TO PROVIDE THAT WHEN A POLICE VEHICLE MAKES USE OF A VISUAL AS WELL AS AUDIBLE SIGNAL, THE DRIVER OF EVERY OTHER VEHICLE MUST YIELD THE RIGHT-OF-WAY TO THE POLICE VEHICLE.
Referred to Committee on Judiciary
H. 3481 (Word version) -- Reps. Riser, Quinn, Barfield, Barrett, Bingham, Campsen, Chellis, Dantzler, Davenport, Edge, Gilham, Gourdine, Harrell, Haskins, Huggins, Keegan, Kelley, Knotts, Law, Limehouse, McCraw, McGee, McLeod, Miller, J. M. Neal, Ott, Phillips, Rhoad, Rodgers, Sandifer, Scarborough, Sharpe, Sheheen, D. C. Smith, Snow, Talley, Webb, Whatley, White, Witherspoon and A. Young: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO DELETE THE PROVISION THAT THE SIZE LIMIT ON STRIPED BASS TAKEN FROM LAKE MURRAY IS NOT IN EFFECT DURING THE MONTHS OF JUNE, JULY, AND AUGUST.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3482 (Word version) -- Rep. Knotts: A BILL TO AMEND SECTION 12-6-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM THE SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW THE DEDUCTION OF EMPLOYER-PAID OBLIGATIONS OF AN EMPLOYEE TO ESTABLISH SERVICE CREDIT IN THE VARIOUS STATE RETIREMENT SYSTEMS.
Referred to Committee on Ways and Means
H. 3483 (Word version) -- Reps. Whatley, Knotts, Leach and Trotter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-11-43 SO AS TO REQUIRE EVERY STATE AGENCY EMPLOYING PERSONS TO PERFORM THE FUNCTIONS OF LAW ENFORCEMENT OFFICERS TO APPLY FOR ADMISSION TO THE POLICE OFFICERS' RETIREMENT SYSTEM.
Referred to Committee on Ways and Means
H. 3484 (Word version) -- Reps. Knotts, Bingham, Coates, Edge and McGee: A BILL TO AMEND SECTION 40-13-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS, SO AS TO INCREASE THE SKIN CARE CLASS HOURS FROM FOUR HUNDRED AND FIFTY HOURS TO SIX HUNDRED HOURS FOR LICENSURE AS AN ESTHETICIAN AND TO INCREASE THE CLASS HOURS FROM THREE HUNDRED HOURS TO FOUR HUNDRED AND FIFTY HOURS FOR LICENSURE AS A NAIL TECHNICIAN.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3485 (Word version) -- Reps. Phillips, Littlejohn, McCraw and Whipper: A BILL TO AMEND ARTICLE 22, CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL MOTOR VEHICLE LICENSE PLATES TO MEMBERS OF MUNICIPAL COUNCILS, COUNTY COUNCILS, AND COUNTY CORONERS BY THE DEPARTMENT OF PUBLIC SAFETY FOR PRIVATE PASSENGER MOTOR VEHICLES OWNED BY THEM, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE SPECIAL LICENSE PLATES TO MAYORS.
Referred to Committee on Education and Public Works
H. 3486 (Word version) -- Reps. Knotts and Whatley: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWFULLY CARRYING A PISTOL, SO AS TO PROVIDE THAT A RETIRED, PREVIOUSLY-COMMISSIONED LAW ENFORCEMENT OFFICER LAWFULLY MAY CARRY A PISTOL AND DELETE THE REQUIREMENT THAT HE WORKS AS A PRIVATE DETECTIVE OR INVESTIGATOR, AND THAT A LAW ENFORCEMENT OFFICER WHO HAS COMPLETED SUCCESSFULLY THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY'S FIREARMS QUALIFICATION COURSE AND WHO COMPLIES WITH HIS EMPLOYING AGENCY'S FIREARMS POLICY MAY CARRY CERTAIN FIREARMS WHILE OFF DUTY.
Referred to Committee on Judiciary
H. 3487 (Word version) -- Rep. Knotts: A BILL TO AMEND ARTICLE 5, CHAPTER 3, TITLE 22, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMINAL JURISDICTION OF MAGISTRATES COURTS, BY ADDING SECTION 22-3-555 SO AS TO PROVIDE THAT, WITH EXCEPTIONS, MAGISTRATES COURT MUST DISPOSE OF CRIMINAL CASES WITHIN SIX MONTHS OF ARREST; AND TO AMEND SECTION 14-25-45, RELATING TO THE JURISDICTION OF MUNICIPAL COURTS, SO AS TO PROVIDE THAT, WITH EXCEPTIONS, MUNICIPAL COURTS MUST BE DISPOSE OF CRIMINAL CASES WITHIN SIX MONTHS OF ARREST.
Referred to Committee on Judiciary
H. 3488 (Word version) -- Reps. Davenport, Delleney, Leach, Lee, F. N. Smith, Taylor and Vaughn: A BILL TO AMEND TITLE 2, CHAPTER 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGISLATIVE AUDIT COUNCIL, BY ADDING SECTION 2-15-130 SO AS TO CREATE A DIVISION WITHIN THE COUNCIL TO CONDUCT REVIEWS OF STATE AGENCIES AND DEPARTMENTS TO DETERMINE IF THEY ARE EFFECTIVE AND EFFICIENT, PROVIDE FOR A PROCEDURE FOR THE INITIATION OF A REVIEW, AND PROVIDE FOR ITS FINDINGS AFTER A REVIEW HAS BEEN COMPLETED.
Referred to Committee on Judiciary
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. J.H. NEAL having the floor:
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1165DW01):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 7-5-120(B) of the 1976 Code, as last amended by Act 365 of 1994, is further amended to read:
"(B) A person is disqualified from being registered or voting if he:
(1) is mentally incompetent as adjudicated by a court of competent jurisdiction; or
(2) is serving a term of imprisonment resulting from a conviction of a crime; or
(3) is convicted of a violent crime, as defined in section 16-1-60, or offenses against the election laws, unless the disqualification has been removed by pardon; or
(3)(4) is convicted of a any other felony or offenses against the election laws, unless the disqualification has been removed by service of the sentence, including probation and parole time unless sooner pardoned pardon or fifteen years or more has passed after the completion date of service of the sentence, including probation and parole time."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. J. H. NEAL continued speaking.
Rep. J. H. NEAL moved to table the Bill.
Rep. ALTMAN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Battle Bowers Breeland Brown, J. Brown, R. Clyburn Cobb-Hunter Coleman Emory Gourdine Govan Hayes Hines, J. Hines, M. Hosey Kennedy Lee Lloyd Lourie Mack McLeod Miller Neal, J.H. Neal, J.M. Ott Parks Rhoad Rivers Rutherford Scott Sheheen Smith, F.N. Smith, J.E. Snow Weeks Whipper Wilder
Those who voted in the negative are:
Allison Altman Barfield Barrett Bingham Campsen Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Freeman Frye Gilham Hamilton Harrell Harrison Harvin Haskins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas Martin McCraw McGee Meacham-Richardson Merrill Neilson Owens Perry Phillips Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Whatley White Wilkins Witherspoon Young, A. Young, J.
So, the House refused to table the Bill.
Reps. HARRISON, FLEMING, CAMPSEN, J. YOUNG, J. E. SMITH, RUTHERFORD, COBB-HUNTER, J. H. NEAL, THOMPSON, GOVAN, J. BROWN, CLYBURN, HOSEY, ALTMAN, MACK, R. BROWN, J. R. SMITH, LEACH, M. HINES, WHIPPER and J. HINES requested debate on the Bill.
The following Bill was taken up:
H. 3270 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 41-29-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE EMPLOYMENT SECURITY COMMISSION AND THEIR TERMS, SO AS TO PROVIDE THAT EACH OFFICE IS SEPARATE AND NUMBERED, AND TO PROVIDE THAT ELECTIONS MUST BE FOR A SPECIFIC, NUMBERED SEAT ON THE COMMISSION STARTING WITH THE ELECTIONS IN 2004.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18133SOM01), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 41-29-10 of the 1976 Code is amended to read:
"Section 41-29-10. The South Carolina Employment Security Commission administers Chapters 27 through 41 of this Title shall be administered by the South Carolina Employment Security Commission. The commission shall consist consists of three members to be elected by the General Assembly, in joint session, for terms of four years and until their successors have been elected and qualified, commencing on the first day of July in each presidential election year. Each office on the commission is a separate office and must be assigned the numerical designations of Seat No. 1, Seat No. 2, and Seat No. 3 beginning in the year 2004 by the General Assembly when commissioners are again elected. The election must be for a specific seat on the commission. No person may concurrently seek more than one seat. The term of office begins on July first of each presidential election year. Any vacancy occurring shall be filled by appointment by the Governor for the temporary period until the next session of the General Assembly, whereupon when the General Assembly shall elect a commissioner to fill the unexpired term. Each commissioner shall receive an annual salary payable in monthly installments." /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. HARRISON moved to adjourn debate on the Bill until Wednesday, February 7, which was agreed to.
Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, February 7, which was adopted:
H. 3276 (Word version) -- Reps. Klauber, Harrison, Fleming and J. Young: A BILL TO AMEND SECTION 7-13-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFIED CANDIDATES NOMINATED BY PETITION, PRIMARY, OR CONVENTION SO AS TO PROVIDE THAT A CANDIDATE NOMINATED BY MORE THAN ONE PARTY MAY NOT HAVE THE AGGREGATE OF ALL VOTES RECEIVED COUNTED TO DETERMINE THE WINNER IN AN ELECTION AND TO PROVIDE THAT THE ONLY VOTES RECEIVED AS A CANDIDATE FOR EACH PARTY NOMINEE MAY BE USED TO DETERMINE THE WINNER IN AN ELECTION.
The following Bill was taken up:
H. 3057 (Word version) -- Reps. McGee, Altman and Owens: A BILL TO AMEND CHAPTER 15, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAILS AND RECOGNIZANCES, BY ADDING SECTION 17-15-65 SO AS TO ESTABLISH THE OFFENSE OF WILFUL FAILURE TO APPEAR IN COURT TO ANSWER THE CHARGE OR INDICTMENT AND TO PROVIDE PENALTIES.
Rep. MCGEE 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:
H. 3046 (Word version) -- Reps. Harrison, Jennings and Altman: A BILL TO AMEND SECTION 2-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL EFFECTIVE DATE OF ACTS AND JOINT RESOLUTIONS, SO AS TO MAKE ALL ACTS WHICH IMPOSE A CRIMINAL PENALTY EFFECTIVE ON JANUARY FIRST OF THE YEAR AFTER APPROVAL BY THE GOVERNOR, UNLESS ANOTHER DATE IS SPECIALLY NAMED IN THE ACT AS THE DAY UPON WHICH IT TAKES EFFECT.
Rep. MCGEE 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:
H. 3032 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-19-660 SO AS TO ALLOW A PROFESSIONAL CORPORATION TO DESIGNATE IN WRITING AN EMPLOYEE OR AGENT WHO MAY REPRESENT THE CORPORATION IN MAGISTRATES COURT AND TO PROVIDE THAT THE PERSON DESIGNATED, WHILE REPRESENTING THE CORPORATION IN COURT, IS NOT ENGAGED IN THE UNAUTHORIZED PRACTICE OF LAW.
Rep. MCGEE 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:
S. 222 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 11-11-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S USE OF REVENUES OF THE TOBACCO MASTER SETTLEMENT AGREEMENT, SO AS TO AUTHORIZE ADDITIONAL LEGAL INVESTMENTS FOR THESE REVENUES BY THE STATE TREASURER IN OBLIGATIONS OF CORPORATIONS AND IN STATES AND POLITICAL SUBDIVISIONS OUTSIDE OF SOUTH CAROLINA IF THE OBLIGATIONS ARE DENOMINATED IN UNITED STATES DOLLARS AND BEAR AN INVESTMENT GRADE RATING OF AT LEAST TWO NATIONALLY RECOGNIZED RATING SERVICES.
Rep. HARRELL proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\9883HTC01), which was adopted:
Amend the bill, as and if amended, in subsection (C), as contained in Section 1, by inserting before /and/ on line 33 /or funds raised pursuant to the provisions of Chapter 49 of this title /
Amend title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. ALTMAN moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3444 (Word version) -- Rep. Allen: A CONCURRENT RESOLUTION WELCOMING THE HONORABLE LOIS DEBERRY, SPEAKER PRO TEMPORE OF THE HOUSE OF REPRESENTATIVES OF THE GREAT STATE OF TENNESSEE, TO SOUTH CAROLINA AND EXTENDING BEST WISHES ON THE OCCASION OF HER SERVICE AS GUEST SPEAKER FOR THE DELTA SIGMA THETA SORORITY, INC., UPSTATE CLUSTER CHAPTER'S EIGHTY-EIGHTH FOUNDERS DAY CELEBRATION.
H. 3448 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE HAMMOND SCHOOL VARSITY CHEERLEADING TEAM FOR WINNING THE 2000-2001 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION STATE CHAMPIONSHIP.
H. 3455 (Word version) -- Rep. Meacham-Richardson: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MELVIN G. GOTTSCHALG OF CHARLESTON AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND FRIENDS.
At 1:12 p.m. the House, in accordance with the motion of Rep. DAVENPORT, adjourned in memory of John N. Owens, Sr. of Boiling Springs, to meet at 10:00 a.m. tomorrow.
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