Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rep. STILLE as follows:
Almighty God, the Giver of all blessings, help us today and all our days to live in faithfulness to Your law and under the guidance of Your Word. Help us to make no promises we cannot keep, to be patient under provocation, composed under criticism, to be respectful to others, gentle to the weak, helpful to the fallen, compassionate to the sad, courteous to all. Help us to store Your truths in our minds and thus be strong under stress and calm in crisis. And to You, Lord God, we render our praise and thanksgiving, both now 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 yesterday, the SPEAKER ordered it confirmed.
Rep. TAYLOR moved that when the House adjourns, it adjourn in memory of Shirley Auwarter of Fountain Inn, which was agreed to.
The House stood in silent prayer for Representative Denny Neilson who is in surgery at this time due to injuries she received in her automobile accident.
The following was received and referred to the appropriate committee for consideration:
Document No. 2541
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-7-250 and 44-7-260
Standards for Licensing Community Residential Care Facilities
Received by Speaker of the House of Representatives
February 13, 2001
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration June 13, 2001
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3446 (Word version) -- Reps. Jennings and Freeman: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF U.S. HIGHWAY 52 FROM KIMREY LANE THROUGH THE CASH COMMUNITY OF CHESTERFIELD COUNTY TO THE DARLINGTON COUNTY LINE AS THE "U.S. MARINE CORPORAL KELLY KEITH MEMORIAL HIGHWAY" IN MEMORY OF U.S. MARINE CORPORAL KELLY KEITH WHO WAS KILLED ON APRIL 9, 2000, WHEN THE MV-22 OSPREY, A COMBINATION HELICOPTER AND AIRPLANE FOR WHICH HE WAS THE CREW CHIEF, TRAGICALLY CRASHED IN ARIZONA WHILE ON A TRAINING EXERCISE, AND TO FURTHER REQUEST THE DEPARTMENT INSTALL APPROPRIATE MARKERS OR SIGNS AT PLACES ALONG THE HIGHWAY THAT THE DEPARTMENT CONSIDERS ADVISABLE CONTAINING THE WORDS "U.S. MARINE CORPORAL KELLY KEITH MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3042 (Word version) -- Reps. Knotts, Altman, Whatley and Owens: A BILL TO AMEND SECTIONS 61-4-520 AND 61-6-1820, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICATION FOR A PERMIT TO SELL BEER AND WINE AND THE CRITERIA APPLICABLE TO ISSUE A MINIBOTTLE LICENSE, SO AS TO REQUIRE AN APPLICANT TO FURNISH CERTIFICATION FROM THE MUNICIPALITY OR COUNTY IN WHICH THE BUSINESS IS TO BE CONDUCTED THAT THE APPLICANT IS IN COMPLIANCE WITH ALL APPLICABLE ZONING AND LAND USE ORDINANCES AND REGULATIONS OF THAT JURISDICTION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3380 (Word version) -- Reps. Jennings and Kelley: A BILL TO AMEND SECTIONS 52-19-20 AND 52-19-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO DEFINITIONS CONCERNING BUNGEE JUMPING, SO AS TO INCLUDE IN THE REGULATION OF BUNGEE JUMPING DEVICES IN WHICH THE BUNGEE CORD IS A WIRE ROPE, CABLE, SPRING, OR OTHER DEVICE SIMILAR IN DESIGN OR USE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3131 (Word version) -- Reps. Rodgers and Whipper: A BILL TO AMEND SECTION 15-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON CERTAIN CIVIL ACTIONS, SO AS TO PROVIDE THAT ACTIONS FOR ASSAULT OR BATTERY MUST BE COMMENCED WITHIN THREE YEARS; AND TO AMEND SECTION 15-3-550, AS AMENDED, RELATING TO CIVIL ACTIONS WHICH MUST BE COMMENCED WITHIN TWO YEARS, SO AS TO DELETE THE REFERENCE TO AN ACTION FOR ASSAULT AND AN ACTION FOR BATTERY.
Ordered for consideration tomorrow.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3542 (Word version) -- Reps. Allison, Cotty, McCraw and J. R. Smith: A JOINT RESOLUTION TO PROVIDE THAT LAPSED FUNDS OF THE DEPARTMENT OF EDUCATION INCLUDING EIA FUNDS FOR FISCAL YEAR 2000-2001 AND PRIOR YEARS MUST BE USED BY THE DEPARTMENT FOR STIPULATED PRIORITY EXPENDITURES AND TO PROVIDE THAT FUNDS APPROPRIATED FOR EIA TEACHER SALARIES AND RELATED FRINGE BENEFITS ARE EXEMPT FROM ANY REQUIRED SPENDING REDUCTIONS.
Referred to Committee on Ways and Means
H. 3543 (Word version) -- Rep. Sandifer: A BILL TO AMEND TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS BY ADDING CHAPTER 28 SO AS TO ENACT THE "SOUTH CAROLINA ELECTRIC POWER ACT".
Referred to Committee on Labor, Commerce and Industry
H. 3544 (Word version) -- Reps. Miller, Allison, Battle, Breeland, G. Brown, R. Brown, Emory, Hayes, Jennings, Kelley, Mack, J. M. Neal, Scarborough, Sinclair, Snow and Taylor: A BILL TO AMEND SECTION 56-3-1960, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND DISPLAY OF PLACARDS AND LICENSE PLATES THAT ALLOW PERSONS WHO ARE HANDICAPPED TO PARK FREE OF CHARGE, SO AS TO PROVIDE THAT A PLACARD ISSUED TO A PERSON WHO IS HANDICAPPED MUST HAVE HIS DRIVER'S LICENSE NUMBER OR SPECIAL IDENTIFICATION CARD NUMBER PRINTED ON IT.
Referred to Committee on Education and Public Works
H. 3545 (Word version) -- Reps. Littlejohn, Allison, Altman, Bales, Barfield, Battle, G. Brown, Coates, Coleman, Easterday, Emory, Fleming, Frye, Hamilton, Harvin, Haskins, Hayes, J. Hines, Keegan, Kelley, Kennedy, Kirsh, Klauber, Leach, McCraw, McGee, McLeod, Miller, J. M. Neal, Owens, Perry, Phillips, Rice, Riser, Rivers, Sheheen, Simrill, Sinclair, Stille, Talley, Thompson, Walker, Weeks, Whatley, Wilder and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2365 SO AS TO DEFINE "POLICE OFFICER SAFETY ZONE", TO PROVIDE FOR THE RESTRICTIONS IMPOSED UPON A MOTOR VEHICLE TRAVELING THROUGH A POLICE OFFICER SAFETY ZONE, AND TO PROVIDE A PENALTY FOR A PERSON WHO VIOLATES A PROVISION CONTAINED IN THIS SECTION.
Referred to Committee on Judiciary
H. 3546 (Word version) -- Reps. Knotts, Altman, Bingham, Whatley and Wilkins: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 420 OF 2000, RELATING TO THE CREATION OF A LOCAL JAIL TASK FORCE TO IDENTIFY AND STUDY THE PROBLEMS CONFRONTING LOCAL JAILS, THE TASK FORCE MEMBERSHIP, AND THE ISSUANCE OF A REPORT BY THE TASK FORCE, SO AS TO EXTEND THE LIFE OF THE TASK FORCE TO FEBRUARY 1, 2002, BEFORE WHICH DATE IT MUST MAKE ITS REPORT, AND TO PROVIDE THAT A PERSON APPOINTED TO THE TASK FORCE BEFORE FEBRUARY 1, 2001, SHALL REMAIN ON THE TASK FORCE.
On motion of Rep. KNOTTS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 3548 (Word version) -- Reps. Thompson, Webb and White: A BILL TO AMEND SECTION 56-5-6430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIRCUMSTANCES WHEN USE OF A CHILD RESTRAINT DEVICE IS NOT REQUIRED, SO AS TO REMOVE THE EXEMPTION FOR FEEDING A CHILD OR FOR A CHILD WITH A MEDICAL PROBLEM AND TO PROVIDE THAT THE EXEMPTION COVERS A CHILD BEING TRANSPORTED WHO IS IN A MEDICAL EMERGENCY SITUATION.
Referred to Committee on Education and Public Works
H. 3549 (Word version) -- Reps. Cato, Scott, Bales and J. Brown: A BILL TO AMEND SECTION 8-11-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTION FOR INSURANCE PREMIUMS FROM AN EMPLOYEE'S COMPENSATION, SO AS TO INCLUDE PREMIUMS FOR PREPAID LEGAL INSURANCE.
Referred to Committee on Labor, Commerce and Industry
H. 3550 (Word version) -- Rep. J. H. Neal: A BILL TO AMEND SECTION 16-25-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DOMESTIC ABUSE, SO AS TO REVISE THE PENALTY FOR MORE THAN TWO VIOLATIONS BY REQUIRING BOTH A FINE AND IMPRISONMENT, RATHER THAN EITHER A FINE OR IMPRISONMENT OR BOTH, BY ESTABLISHING A FIVE HUNDRED DOLLAR FINE, RATHER THAN A FINE NOT TO EXCEED THREE THOUSAND DOLLARS, AND BY REQUIRING IMPRISONMENT FOR NOT LESS THAN THIRTY DAYS OR MORE THAN FIVE YEARS, RATHER THAN IMPRISONMENT OF NOT MORE THAN FIVE YEARS.
Referred to Committee on Judiciary
H. 3551 (Word version) -- Rep. Simrill: A BILL TO AMEND SECTION 12-6-3330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TWO WAGE EARNER CREDIT FOR MARRIED INDIVIDUALS FILING A JOINT RETURN, SO AS TO PROVIDE THAT IF ONE SPOUSE DOES NOT WORK OUTSIDE THE HOME AND HAS NO EARNED INCOME, ANY TAXABLE INCOME OF THAT SPOUSE QUALIFIES FOR PURPOSES OF DETERMINING THIS CREDIT.
Referred to Committee on Ways and Means
H. 3552 (Word version) -- Rep. Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-565 SO AS TO ESTABLISH REQUIREMENTS FOR LICENSURE WITHOUT EXAMINATION FOR A NURSE EDUCATED AND LICENSED IN CANADA.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3553 (Word version) -- Rep. Simrill: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 38 SO AS TO ENACT THE "POSTMARK PROMPT PAYMENT ACT".
Referred to Committee on Labor, Commerce and Industry
S. 75 (Word version) -- Senators Leventis, Ford, Elliott, Reese, Rankin and Hayes: A BILL TO AMEND SECTION 14-7-860, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCUSING JURORS FOR GOOD CAUSE, SO AS TO PROVIDE THE PARENT OR LEGAL GUARDIAN, INSTEAD OF THE WOMAN, WHO HAS LEGAL CUSTODY AND THE DUTY OF CARE FOR A CHILD UNDER THE AGE OF SEVEN SHALL BE EXCUSED FOR JURY DUTY UPON FURNISHING AN AFFIDAVIT TO THAT EFFECT TO THE CLERK OF COURT.
Referred to Committee on Judiciary
S. 207 (Word version) -- Senator Holland: A JOINT RESOLUTION TO REESTABLISH A TASK FORCE TO STUDY, MAKE RECOMMENDATIONS, AND REPORT ON THE STATUTORY AND CONSTITUTIONAL RAMIFICATIONS OF VARIOUS METHODS FOR IMPROVING AND ENSURING THE SPEEDY DISPOSITION OF CIVIL CASES IN CIRCUIT COURTS AND MAGISTRATES COURTS.
Referred to Committee on Judiciary
S. 220 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO PROVIDE THAT THE APPEALS PROCEDURE FOR ACTIONS BY THE INTERNAL REVENUE SERVICE IN CONNECTION WITH THE SETOFF OF A DEBT AGAINST A TAXPAYER'S REFUND IS GOVERNED BY TITLE 26 OF THE UNITED STATES CODE, NOTWITHSTANDING THE PROCEDURE PRESCRIBED IN CHAPTER 56 OF TITLE 12 FOR THE SETOFF DEBT COLLECTION ACT.
Rep. VAUGHN asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. BINGHAM objected.
Referred to Committee on Ways and Means
S. 233 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 20-7-952, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INITIATION OF ACTIONS TO ESTABLISH PATERNITY, SO AS TO INCLUDE THE PRESUMED, INFERRED, OR ALLEGED LEGAL FATHER AS ONE OF THE INDIVIDUALS WHO MAY INSTITUTE SUCH ACTIONS.
Referred to Committee on Judiciary
S. 235 (Word version) -- Senators McConnell and Branton: A BILL TO AMEND SECTION 30-4-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING OF A PUBLIC MEETING, SO AS TO ALLOW THOSE IN ATTENDANCE TO VIDEO TAPE A PUBLIC MEETING.
Referred to Committee on Judiciary
S. 306 (Word version) -- Senator Branton: A BILL TO RESTORE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS TO THE DORCHESTER COUNTY LEGISLATIVE DELEGATION THAT HAD FORMERLY BEEN DEVOLVED TO THE GOVERNING BODY OF DORCHESTER COUNTY.
Referred to Dorchester Delegation
The following was introduced:
H. 3547 (Word version) -- Rep. Thompson: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE CAPTAIN DAVID IRBY, LIEUTENANT PAUL DRAKE, AND FIREFIGHTER ERIC BROWN FOR RECEIVING THE ANDERSON COUNTY COURAGE AND LIFESAVING AWARD, AND TO COMMEND THE ENTIRE WHITEFIELD FIRE DEPARTMENT FOR THEIR UNDYING COURAGE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Allen Altman Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Coates Cobb-Hunter Cooper Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Leach Lee Limehouse Littlejohn Lloyd Lourie Lucas Mack McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.M. Ott Owens Parks Perry Phillips Quinn Rice Riser Rivers Robinson Rodgers Rutherford Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Talley Taylor Thompson Trotter Vaughn Webb Weeks Whatley White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Wednesday, February 14.
Elsie Stuart Dwight Loftis Thomas Rhoad Bill Cotty Creighton Coleman Harry Askins Merita Allison James Law Robert Walker Ronald Townsend Becky Martin Larry Koon William Clyburn
LEAVE OF ABSENCE
The SPEAKER granted Rep. TRIPP a leave of absence for today and tomorrow due to the death of his grandfather.
Rep. RUTHERFORD signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 13.
Announcement was made that Dr. C. Tucker Weston of Columbia is the Doctor of the Day for the General Assembly.
Rep. J. R. SMITH and the Aiken Delegation presented to the House the Silver Bluff High School Naval Junior Reserve Officer Training Corps Drill Team, the State Drill Team Champions.
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. 3057 (Word version)
Date: ADD:
02/14/01 KNOTTS
Bill Number: H. 3098 (Word version)
Date: ADD:
02/14/01 RODGERS
Bill Number: H. 3103 (Word version)
Date: ADD:
02/14/01 KNOTTS
Bill Number: H. 3171 (Word version)
Date: ADD:
02/14/01 WHITE
Bill Number: H. 3171 (Word version)
Date: ADD:
02/14/01 SNOW
Bill Number: H. 3224 (Word version)
Date: ADD:
02/14/01 KNOTTS
Bill Number: H. 3303 (Word version)
Date: ADD:
02/14/01 KNOTTS
Bill Number: H. 3418 (Word version)
Date: ADD:
02/14/01 LOFTIS
Bill Number: H. 3418 (Word version)
Date: ADD:
02/14/01 LEACH
Bill Number: H. 3418 (Word version)
Date: ADD:
02/14/01 HAMILTON
Bill Number: H. 3418 (Word version)
Date: ADD:
02/14/01 DAVENPORT
Bill Number: H. 3419 (Word version)
Date: ADD:
02/14/01 LOFTIS
Bill Number: H. 3419 (Word version)
Date: ADD:
02/14/01 LEACH
Bill Number: H. 3419 (Word version)
Date: ADD:
02/14/01 HAMILTON
Bill Number: H. 3419 (Word version)
Date: ADD:
02/14/01 DAVENPORT
Bill Number: H. 3425 (Word version)
Date: ADD:
02/14/01 J. YOUNG
Bill Number: H. 3439 (Word version)
Date: ADD:
02/14/01 WHITE
Bill Number: H. 3508 (Word version)
Date: ADD:
02/14/01 RODGERS
Bill Number: H. 3509 (Word version)
Date: ADD:
02/14/01 RODGERS
Bill Number: H. 3240 (Word version)
Date: REMOVE:
02/14/01 WHATLEY
Bill Number: H. 3479 (Word version)
Date: REMOVE:
02/14/01 BARRETT
Bill Number: H. 3479 (Word version)
Date: REMOVE:
02/14/01 KEEGAN
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 214 (Word version) -- Senators Reese, Hawkins and Ritchie: A BILL TO AMEND ACT 939 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE INMAN-CAMPOBELLO WATER DISTRICT IN SPARTANBURG COUNTY SO AS TO INCREASE THE NUMBER OF COMMISSIONERS SERVING ON THE INMAN-CAMPOBELLO WATER DISTRICT COMMISSION FROM THREE TO FIVE.
The following Bill was taken up:
H. 3516 (Word version) -- Rep. Altman: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND RECOMMENDATIONS FOR APPOINTMENTS FOR BOARDS AND COMMISSIONS FROM THE LEGISLATIVE DELEGATION REPRESENTING CHARLESTON COUNTY TO THE GOVERNING BODY OF CHARLESTON COUNTY AND TO PROVIDE EXCEPTIONS.
Rep. BREELAND moved to table the Bill, which was not agreed to by a division vote of 3 to 7.
The Bill was read the second time and ordered to third reading.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
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.
H. 3124 (Word version) -- Reps. Emory, Clyburn, Whipper and Robinson: A BILL TO AMEND SECTION 40-35-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO ALLOW ISSUANCE OF A LICENSE BASED ON A COMBINATION OF EDUCATION AND EXPERIENCE AS ESTABLISHED IN REGULATION BY THE SOUTH CAROLINA BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS.
H. 3237 (Word version) -- Reps. Witherspoon, Frye and Littlejohn: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT THAT MAY BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO REMOVE THE PROHIBITION ON THE USE OF BREAM AS BAIT ON CERTAIN TROTLINES AFTER JUNE 30, 2001, ON THE EDISTO, BLACK, SAMPIT, BIG PEE DEE, LITTLE PEE DEE, LUMBER, AND WACCAMAW RIVERS, AND TO ALSO REMOVE THE PROHIBITION ON THE USE OF BREAM AS BAIT ON TROTLINES AFTER JUNE 30, 2001, ON THE BLACK, BIG PEE DEE, LITTLE PEE DEE, LUMBER, AND WACCAMAW RIVERS.
H. 3173 (Word version) -- Reps. Law and Merrill: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUIPMENT AND THE OPERATION OF WATERCRAFT, BY ADDING SECTION 50-21-142 SO AS TO ESTABLISH A NO WAKE ZONE ON A PORTION OF THE COOPER RIVER LYING BETWEEN CHANNEL MARKER 13 IN THE VICINITY OF PIMLICO PLANTATION AND THE WATER CHECK STATION IN THE VICINITY OF BLUFF PLANTATION.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 115 (Word version) -- Senators Elliott and Reese: A BILL TO AMEND SECTION 12-21-2734, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL LICENSES TO OPERATE CERTAIN AMUSEMENTS, SO AS TO ESTABLISH AN OPTION TO PURCHASE AN EIGHT-MONTH LICENSE IN LIEU OF A TWENTY-FOUR MONTH OR A SIX-MONTH LICENSE.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. HARRISON having the floor:
H. 3304 (Word version) -- Rep. Harrison: A BILL TO AMEND CHAPTER 102, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATHLETE AGENTS AND STUDENT ATHLETES, SO AS TO REWRITE THE CHAPTER AND ENACT THE "UNIFORM ATHLETE AGENTS ACT OF 2001", TO PROVIDE FOR DEFINITIONS AND FOR APPLICATIONS, REGISTRATION, AND RENEWAL OF REGISTRATION FOR ATHLETE AGENTS, TO PROVIDE FOR SERVICE OF PROCESS UPON INDIVIDUALS ACTING AS ATHLETE AGENTS IN THIS STATE, TO PROVIDE FOR THE DUTIES OF THE SECRETARY OF STATE RELATING TO APPLICATIONS FOR REGISTRATION AND ISSUANCE OF TEMPORARY CERTIFICATES AND CERTIFICATES OF REGISTRATION TO ATHLETE AGENTS, AND FOR THE NON-RENEWAL, SUSPENSION, AND REVOCATION OF CERTIFICATES OF REGISTRATION AFTER NOTICE AND OPPORTUNITY FOR A HEARING, TO PROVIDE FOR WHAT AN AGENCY CONTRACT MUST STATE OR CONTAIN AND FOR A WARNING TO STUDENT ATHLETES OF CERTAIN RIGHTS AND CONSEQUENCES OF SIGNING AN AGENCY CONTRACT, TO PROVIDE FOR WHEN AN AGENCY CONTRACT IS VOIDABLE, AND FOR WHEN A STUDENT ATHLETE MAY CANCEL AN AGENCY CONTRACT, TO REQUIRE AN ATHLETE AGENT TO RETAIN CERTAIN RECORDS FOR FIVE YEARS AND PROVIDE FOR THE INSPECTION OF THOSE RECORDS, TO PROVIDE THAT AN ATHLETE AGENT MAY NOT MAKE CERTAIN REPRESENTATIONS OR FURNISH ANYTHING OF VALUE TO STUDENT ATHLETES WITH THE INTENT TO INDUCE A STUDENT ATHLETE TO ENTER INTO AN AGENCY CONTRACT, TO PROVIDE THAT AN EDUCATIONAL INSTITUTION HAS A RIGHT OF ACTION AGAINST AN ATHLETE AGENT OR FORMER STUDENT ATHLETE FOR DAMAGES CAUSED BY A VIOLATION OF THIS CHAPTER, AND TO PROVIDE FOR CIVIL AND CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS OF THIS CHAPTER.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5164DJC01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 102, Title 59 of the 1976 Code is amended to read:
Section 59-102-10. As used in this chapter:
(1) "Agent contract" means a contract or agreement pursuant to which a student athlete authorizes an athlete agent to represent him in the marketing of his athletic ability or reputation in a sport.
(2) "Athlete agent" means a person who, directly or indirectly, recruits or solicits a student athlete to enter into an agent contract, or who for a fee procures, offers, promises, or attempts to obtain employment for a student athlete with a professional sports team or as a professional athlete.
(3) "Student athlete" means an athlete who practices for or otherwise participates in intercollegiate athletics at a college or university that is located in this State. This chapter may be cited as the 'Uniform Athlete Agents Act of 2001'.
Section 59-102-20. (A) Each athlete agent shall register biennially with the Department of Consumer Affairs on forms to be provided by the department and, at the same time, pay to the department a registration fee of three hundred dollars, for which the department shall issue a certificate of authority entitling the holder to operate as an athlete agent for two years. The department may revoke or suspend the registration of an athlete agent for cause or for a violation of any provision of this chapter.
(B) When the business address of an athlete agent operating in this State is changed, the agent shall notify the department within thirty days after the change of address.
(C) It is unlawful for a person to operate as an athlete agent unless he is registered as provided in this section. A person who violates this section is guilty of a felony and, upon conviction, must be punished by a fine of five thousand dollars or by imprisonment for five years, or both. In this chapter:
(1) 'Agency contract' means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a professional sports services contract or an endorsement contract.
(2) 'Athlete agent' means an individual who enters into an agency contract with a student athlete or, directly or indirectly, recruits or solicits a student athlete to enter into an agency contract. The term includes an individual who represents to the public that the individual is an athlete agent. The term does not include a spouse, parent, sibling, grandparent, or guardian of the student athlete or an individual acting solely on behalf of a professional sports team or professional sports organization.
(3) 'Athletic director' means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.
(4) 'Contact' means a communication, direct or indirect, between an athlete agent and a student athlete, to recruit or solicit the student athlete to enter into an agency contract.
(5) 'Endorsement contract' means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the student athlete may have because of publicity, reputation, following, or fame obtained due to athletic ability or performance.
(6) 'Intercollegiate sport' means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association for the promotion or regulation of collegiate athletics.
(7) 'Person' means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.
(8) 'Professional sports services contract' means an agreement under which an individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization, or as a professional athlete.
(9) 'Record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(10) 'Registration' means registration as an athlete agent pursuant to this chapter.
(11) 'State' means the State of South Carolina when referring to this State or a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States when referring to any other state.
(12) 'Student athlete' means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in any intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student athlete for purposes of that sport.
Section 59-102-30. (A) A student athlete who is subject to the rules and regulations of the National Collegiate Athletic Association, the National Association for Intercollegiate Athletics, or the National Junior College Athletic Association, who has not completed his last intercollegiate contest including postseason games for the applicable sport, and who enters into an agent contract with an athlete agent or a contract pursuant to which an athlete is employed as a professional athlete, shall notify the athletic director or the president of the college or university in which he is enrolled and the Administrator of the Department of Consumer Affairs that he has entered into such a contract. Written notification of entering into a contract must be given before practicing for or participating in an athletic event on behalf of a college or university or within seventy-two hours after entering into the contract, whichever occurs first. A student athlete who fails to provide this notification is guilty of a misdemeanor and, upon conviction, must be punished by a fine of one thousand dollars or by imprisonment for one year, or both.
(B) An athlete agent who enters into an agent contract with a student athlete who is subject to the rules and regulations of the National Collegiate Athletic Association, the National Association for Intercollegiate Athletics, or the National Junior College Athletic Association shall notify the athletic director or the president of the college or university in which the student athlete is enrolled and the Administrator of the Department of Consumer Affairs that the student athlete has entered into such a contract. Written notification of the contract must be given before the student athlete's practicing for or participating in an athletic event on behalf of a college or university or within seventy-two hours after entering into the contract, whichever occurs first. An athlete agent who fails to provide this notification is guilty of a felony and, upon conviction, must be punished by a fine of five thousand dollars or by imprisonment for five years, or both.
(C) A student athlete or athlete agent who enters into a contract before October 1, 1990, is subject to the notification requirements of this section as of October 1, 1990. Thereafter, they are subject to these notification requirements immediately in the manner required by this section.
(D) An agent contract between a student athlete and an athlete agent must have a notice printed near the space for the student athlete's signature which must contain the following statement in ten-point bold-faced type:
"WARNING: IF YOU AS A STUDENT ATHLETE SIGN THIS CONTRACT, YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE IN INTERCOLLEGIATE ATHLETICS. PURSUANT TO SOUTH CAROLINA LAW, YOU SHALL NOTIFY THE ATHLETIC DIRECTOR OR PRESIDENT OF YOUR COLLEGE OR UNIVERSITY AND THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS IN WRITING BEFORE PRACTICING FOR OR PARTICIPATING IN AN ATHLETIC EVENT ON BEHALF OF A COLLEGE OR UNIVERSITY OR WITHIN SEVENTY-TWO HOURS AFTER ENTERING INTO THIS CONTRACT, WHICHEVER OCCURS FIRST. FAILURE TO PROVIDE THIS NOTICE IS A CRIMINAL OFFENSE."
(E) An agent contract entered into between a student athlete and an athlete agent who fails to provide the notification required by this section is void and unenforceable.
(F) A student athlete or athlete agent who enters into an agent contract and fails to provide the notification required by this section is liable for damages to the college or university in which the student athlete is enrolled that result from the student athlete's subsequent ineligibility. In addition to damages, if any, awarded pursuant to this section, damages may be assessed in an amount equal to three times the value of the athletic scholarship furnished by the institution to the student athlete during the student athlete's period of eligibility.
(G) Within ten days after the date on which the contractual relationship between the athlete agent and the student athlete arises or after notification of the contractual relationship is received by the athletic director or president of the college or university in which the student is enrolled and the Administrator of the Department of Consumer Affairs, whichever occurs later, the student athlete has the right to rescind the contract or any contractual relationship with the athlete agent by giving notice in writing of his intent to rescind. The rescission is effective upon repayment by the student athlete to the athlete agent of any monetary amounts paid to the student athlete by the athlete agent, exclusive of travel, lodging, meals, and entertainment, or reimbursement for these items, furnished by the athlete agent to the student athlete. The student athlete may not effect a waiver of his right to rescind, and an attempt to do so is prohibited and unenforceable.
(H) Postdating of agent contracts is prohibited, and a postdated contract is void and unenforceable. Execution of a postdated contract is a violation of this chapter, and an athlete agent committing the violation is subject to the penalty provisions of Section 59-102-20(C). A student athlete committing the violation is subject to the penalty provisions of Section 59-102-30(A).
(A) By acting as an athlete agent in this State, a nonresident individual appoints the Secretary of State as the individual's agent for service of process in any civil action in this State related to the individual's acting as an athlete agent in this State.
(B) The Secretary of State may issue subpoenas for any material that is relevant to the administration of this chapter.
Section 59-102-40. An agent may not:
(1) publish or cause to be published false or misleading information or advertisements nor give any false information or make false promises to an athlete concerning employment;
(2) accept as a client a student athlete referred by an employee of or a coach for a college or university located in this State in exchange for the rendition of free legal services, the rendition of legal services for a reduced fee, or any other consideration;
(3) enter into an agreement, written or oral, by which the athlete agent offers anything of value to an employee of or a coach for a college or university located in this State in return for the referral of student athlete clients by that employee or coach;
(4) offer anything of value to induce a student athlete to enter into an agreement by which the agent will represent the student athlete. Negotiations regarding the agent's fee is not considered an inducement;
(5) conduct business as an athlete agent if his registration is suspended. (A) Except as otherwise provided in subsection (B), an individual may not act as an athlete agent in this State without holding a certificate of registration under Section 59-102-60 or 59-102-80.
(B) Before being issued a certificate of registration, an individual may act as an athlete agent in this State for all purposes except signing an agency contract, if:
(1) a student athlete or another person acting on behalf of the student athlete initiates communication with the individual; and
(2) within seven days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in this State.
(C) An agency contract resulting from conduct in violation of this section is void and the athlete agent shall return any consideration received under the contract.
Section 59-102-50. Department of Consumer Affairs to promulgate regulations. The Department of Consumer Affairs may promulgate regulations necessary to implement and enforce this chapter. (A) An applicant for registration shall submit an application for registration to the Secretary of State in a form prescribed by the Secretary of State. An application filed under this section is a public record. The application must be in the name of an individual and, except as otherwise provided in subsection (B) signed or otherwise authenticated by the applicant under penalty of perjury and state or contain:
(1) the name of the applicant and the address of the applicant's principal place of business;
(2) the name of the applicant's business or employer, if applicable;
(3) any business or occupation engaged in by the applicant for the five years next preceding the date of submission of the application;
(4) a description of the applicant:
(a) formal training as an athlete agent;
(b) practical experience as an athlete agent; and
(c) educational background relating to the applicants activities as an athlete agent;
(5) the names and addresses of three individuals not related to the applicant who are willing to serve as references;
(6) the name, sport, and last known team for each individual for whom the applicant acted as an athlete agent during the five years next preceding the date of submission of the application;
(7) the names and addresses of all persons who are:
(a) with respect to the athlete agent's business if it is not a corporation, the partners, members, officers, managers, associates, or profit-sharers of the business; and
(b) with respect to a corporation employing the athlete agent, the officers, directors, and any shareholder of the corporation having an interest of five percent or greater;
(8) whether the applicant or any person named pursuant to item (7) has been convicted of a crime that, if committed in this State, would be a crime involving moral turpitude or a felony, and identify the crime;
(9) whether there has been any administrative or judicial determination that the applicant or any person named pursuant to item (7) has made a false, misleading, deceptive, or fraudulent representation;
(10) any instance in which the conduct of the applicant or any person named pursuant to item (7) resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student athlete or educational institution;
(11) any sanction, suspension, or disciplinary action taken against the applicant or any person named pursuant to item (7) arising out of occupational or professional conduct; and
(12) whether there has been any denial of an application for suspension, revocation of, or refusal to renew the registration or licensure of the applicant or any person named pursuant to item (7) as an athlete agent in any state.
(B) An individual who has submitted an application for, and holds a certificate of, registration or licensure as an athlete agent in another state, may submit a copy of the application and certificate in lieu of submitting an application in the form prescribed pursuant to subsection (A). The Secretary of State shall accept the application and the certificate from the other state as an application for registration in this State if the application to the other state:
(1) was submitted in the other state within six months next preceding the submission of the application in this State and the applicant certifies that the information contained in the application is current;
(2) contains information substantially similar to or more comprehensive than that required in an application submitted in this State; and
(3) was signed by the applicant under penalty of perjury.
Section 59-102-60. (A) Except as otherwise provided in subsection (B), the Secretary of State shall issue a certificate of registration to an individual who complies with Section 59-102-50(A) or whose application has been accepted under Section 59-102-50(B).
(B) The Secretary of State may refuse to issue a certificate of registration if the Secretary of State determines that the applicant has engaged in conduct that has a significant adverse effect on the applicant's fitness to act as an athlete agent. In making the determination, the Secretary of State may consider whether the applicant has:
(1) been convicted of a crime that, if committed in this State, would be a crime involving moral turpitude or a felony;
(2) made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent;
(3) engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;
(4) engaged in conduct prohibited by Section 59-102-140;
(5) had a registration or licensure as an athlete agent suspended, revoked, or denied or been refused renewal of registration or licensure as an athlete agent in any state;
(6) engaged in conduct the consequence of which was that a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student athlete or educational institution; or
(7) engaged in conduct that significantly adversely reflects on the applicant's credibility, honesty, or integrity.
(C) In making a determination under subsection (B), the Secretary of State shall consider:
(1) how recently the conduct occurred;
(2) the nature of the conduct and the context in which it occurred; and
(3) any other relevant conduct of the applicant.
(D) An athlete agent may apply to renew a registration by submitting an application for renewal in a form prescribed by the Secretary of State. An application filed under this section is a public record. The application for renewal must be signed by the applicant under penalty of perjury and must contain current information on all matters required in an original registration.
(E) An individual who has submitted an application for renewal of registration or licensure in another state, in lieu of submitting an application for renewal in the form prescribed pursuant to subsection (D), may file a copy of the application for renewal and a valid certificate of registration or licensure from the other state. The Secretary of State shall accept the application for renewal from the other state as an application for renewal in this State if the application to the other state:
(1) was submitted in the other state within six months next preceding the filing in this State and the applicant certifies the information contained in the application for renewal is current;
(2) contains information substantially similar to or more comprehensive than that required in an application for renewal submitted in this State; and
(3) was signed by the applicant under penalty of perjury.
A certificate of registration or a renewal of a registration is valid for two years.
Section 59-102-70. (A) The Secretary of State may suspend, revoke, or refuse to renew a registration for conduct that would have justified denial of registration under Section 59-102-60(B).
(B) The Secretary of State may deny, suspend, revoke, or refuse to renew a certificate of registration or licensure only after proper notice and an opportunity for a hearing. The Administrative Procedures Act applies to this chapter.
Section 59-102-80. The Secretary of State may issue a temporary certificate of registration while an application for registration or renewal of registration is pending.
Section 59-102-90. An application for registration or renewal of registration must be accompanied by a fee in the following amount:
(1) five hundred dollars for an initial application for registration;
(2) three hundred dollars for an application for renewal of registration.
Section 59-102-100. (A) An agency contract must be in a record, signed or otherwise authenticated by the parties.
(B) An agency contract must state or contain:
(1) the amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services;
(2) the name of any person not listed in the application for registration or renewal of registration who will be compensated because the student athlete signed the agency contract;
(3) a description of any expenses that the student athlete agrees to reimburse;
(4) a description of the services to be provided to the student athlete;
(5) the duration of the contract; and
(6) the date of execution.
(C) An agency contract must contain, in close proximity to the signature of the student athlete, a conspicuous notice in boldface type in capital letters stating:
'WARNING TO STUDENT ATHLETE IF YOU SIGN THIS CONTRACT:
(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;
(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN SEVENTY-TWO HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND
(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.'
(D) An agency contract that does not conform to this section is voidable by the student athlete. If a student athlete voids an agency contract, the student athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract.
(E) The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student athlete at the time of execution.
Section 59-102-110. (A) Within seventy-two hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student athlete is enrolled or the athlete agent has reasonable grounds to believe the student athlete intends to enroll.
(B) Within seventy-two hours after entering into an agency contract or before the next athletic event in which the student athlete may participate, whichever occurs first, the student athlete shall inform the athletic director of the educational institution at which the student athlete is enrolled that he or she has entered into an agency contract.
Section 59-102-120. (A) A student athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within 14 days after the contract is signed.
(B) A student athlete may not waive the right to cancel an agency contract.
(C) If a student athlete cancels an agency contract, the student athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract.
Section 59-102-130. (A) An athlete agent shall retain the following records for a period of five years:
(1) the name and address of each individual represented by the athlete agent;
(2) any agency contract entered into by the athlete agent; and
(3) any direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete to enter into an agency contract.
(B) Records required by subsection (A) to be retained are open to inspection by the Secretary of State during normal business hours.
Section 59-102-140. (A) An athlete agent, with the intent to induce a student athlete to enter into an agency contract, may not:
(1) give any materially false or misleading information or make a materially false promise or representation;
(2) furnish anything of value to a student athlete before the student athlete enters into the agency contract; or
(3) furnish anything of value to any individual other than the student athlete or another registered athlete agent.
(B) An athlete agent may not intentionally:
(1) initiate contact with a student athlete unless registered under this chapter;
(2) refuse or fail to retain or permit inspection of the records required to be retained by Section 59-102-130;
(3) fail to register when required by Section 59-102-40;
(4) provide materially false or misleading information in an application for registration or renewal of registration;
(5) predate or postdate an agency contract; or
(6) fail to notify a student athlete before the student athlete signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student athlete ineligible to participate as a student athlete in that sport.
Section 59-102-150. An athlete agent who violates Section 59-102-140 is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not more than ten thousand dollars or imprisonment for not more than three years, or both.
Section 59-102-160. (A) An educational institution has a right of action against an athlete agent or a former student athlete for damages caused by a violation of this chapter. In an action under this section, the court may award to the prevailing party costs and reasonable attorney's fees.
(B) Damages of an educational institution under subsection (A) include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student athlete, the educational institution was injured by a violation of this chapter or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization.
(C) A right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student athlete.
(D) Any liability of the athlete agent or the former student athlete under this section is several and not joint.
(E) This chapter does not restrict rights, remedies, or defenses of any person under law or equity.
Section 59-102-170. Upon a finding that an athlete agent has violated any provision of this chapter, as determined from admissions of the athlete agent freely and voluntarily made or as the result of a hearing conducted pursuant to the Administrative Procedures Act, the Secretary of State may assess a fine against an athlete agent not to exceed one hundred thousand dollars for a violation of this chapter.
Section 59-102-180. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Section 59-102-190. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON continued speaking.
The amendment was then adopted.
Rep. HARRISON explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
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 Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name NBD\AMEND\11215AC01), which was adopted:
Amend the bill, as and if amended, Section 40-29-140 page 27 by deleting lines 30 through 33 and inserting /41-1-160./ So when amended, Section 40-29-140 reads:
/Section 40-29-140. A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. EDGE explained the amendment.
The amendment was then adopted.
Rep. PHILLIPS proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\AMEND\22849AC01):
Amend the bill, as and if amended, Section 40-29-230(A)(3), page 31, line 35, by deleting / ten thousand / and inserting / fifteen thousand /.
Amend title to conform.
Rep. PHILLIPS explained the amendment.
Rep. EDGE spoke against the amendment.
Rep. PHILLIPS spoke in favor of the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 2.
Rep. EDGE moved that the House recur to the morning hour, which was agreed to.
Rep. ALTMAN, from the Charleston Delegation, submitted a favorable report on:
H. 3240 (Word version) -- Reps. Altman, Limehouse, Campsen and Scarborough: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REQUIRE THE BOARD OF TRUSTEES OF THE CHARLESTON SCHOOL DISTRICT TO SUBMIT ITS PROPOSED BUDGETS TO THE COUNTY COUNCIL FOR REVIEW ON OR BEFORE JUNE THIRTIETH OF EACH YEAR, TO REQUIRE THE BOARD TO REQUEST A TAX LEVY IN EXCESS OF NINETY MILLS BY A RESOLUTION DIRECTED TO THE CHARLESTON COUNTY COUNCIL ADOPTED BY AT LEAST A TWO-THIRD MAJORITY ON TWO READINGS AT MEETINGS ON TWO SEPARATE DAYS, TO DEVOLVE FROM THE CHARLESTON COUNTY LEGISLATIVE DELEGATION TO THE CHARLESTON COUNTY COUNCIL THE AUTHORITY TO LEVY IN EXCESS OF NINETY MILLS IN PROPERTY TAXES FOR SCHOOL OPERATIONS, TO REQUIRE THIS APPROVAL TO BE EXERCISED BY AN ORDINANCE ADOPTED BY AT LEAST A TWO-THIRDS MAJORITY, AND TO REQUIRE THE BOARD TO PROVIDE COUNCIL WITH THE FINANCIAL INFORMATION THE COUNCIL REQUESTS IN CONNECTION WITH THE REQUEST.
Ordered for consideration tomorrow.
On motion of Rep. ALLISON, with unanimous consent, the following was taken up for immediate consideration:
H. 3554 (Word version) -- Rep. Allison: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 4, 2001, AT A TIME TO BE DETERMINED BY THE SPEAKER, TO OUR CURRENT "MISS SOUTH CAROLINA", HEATHER HUDSON OF LEXINGTON COUNTY, AND TO ALL THE CONTESTANTS COMPETING IN THE 2001 MISS SOUTH CAROLINA PAGEANT FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON "MISS SOUTH CAROLINA APPRECIATION DAY" FOR THEIR STATEWIDE AND COMMUNITY SERVICE AND FOR BEING THE SPECIAL AMBASSADORS THEY ARE FOR OUR COMMUNITIES AND STATE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to our current "Miss South Carolina", Heather Hudson of Lexington County, and all the contestants competing in the 2001 Miss South Carolina Pageant on Wednesday, April 4, 2001, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on "Miss South Carolina Appreciation Day" for their statewide and community service and for being the special ambassadors they are for our communities and State.
The Resolution was adopted.
The following was introduced:
H. 3555 (Word version) -- Rep. Allison: A CONCURRENT RESOLUTION TO EXTEND THE BEST WISHES AND HEARTFELT CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO OUR CURRENT "MISS SOUTH CAROLINA", HEATHER HUDSON OF LEXINGTON COUNTY, ON THE SPECIAL OCCASION OF "MISS SOUTH CAROLINA APPRECIATION DAY".
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3556 (Word version) -- Rep. McGee: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND SENATE ON FRIDAY, JUNE 15, 2001.
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. 3557 (Word version) -- Rep. McGee: A BILL TO AMEND SECTION 20-7-7810, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMITMENT OF JUVENILES TO THE DEPARTMENT OF JUVENILE JUSTICE FOR DELINQUENCY, SO AS TO PROVIDE THAT A JUDGE MAY ORDER RESTITUTION IN ADDITION TO COMMITMENT TO THE DEPARTMENT OF JUVENILE JUSTICE.
Referred to Committee on Judiciary
H. 3558 (Word version) -- Reps. Townsend, Sharpe, Cooper, Kelley, Martin, Stille, Thompson and White: A BILL TO AMEND SECTION 50-11-1145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAPPING AND RELEASE OF PREDATORY ANIMALS WITHIN ENCLOSURES FOR RUNNING RABBITS, SO AS TO INCLUDE BIRDS OF PREY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3559 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 50-5-1505, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, TAKE AND SIZE LIMITS, AND TIMES FOR TAKING SHAD, HERRING, AND STURGEON, SO AS TO CHANGE THE TIMES FOR TAKING SHAD DURING SHAD SEASON IN A PORTION OF THE WINYAH BAY DRAINAGE SYSTEM FROM 7:00 A.M. TUESDAY TO MONDAY NOON AND IN A PORTION OF THE SANTEE RIVER BELOW U.S. HIGHWAY 41 BRIDGE SEAWARD FROM TUESDAY NOON TO SATURDAY NOON TO MONDAY NOON TO SATURDAY NOON.
On motion of Rep. MILLER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3560 (Word version) -- Rep. Edge: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES BY ADDING CHAPTER 42 ENACTING THE "SOUTH CAROLINA VACATION RENTAL ACT" SO AS TO REGULATE THE BUSINESS OF RENTAL MANAGEMENT OF VACATION TIME RENTAL PROPERTY, TO PROVIDE DEFINITIONS AND EXCEPTIONS WITH REGARD TO THIS REGULATION, TO PROVIDE FOR THE STATUS OF VACATION RENTALS ON TRANSFERRED PROPERTY, TO PROHIBIT A COUNTY OR MUNICIPALITY FROM BANNING VACATION RENTALS EXCEPT PURSUANT TO SPECIFIC AUTHORIZATION FOR SUCH BANS ENACTED BY THE GENERAL ASSEMBLY BY GENERAL LAW, AND TO PROVIDE THAT A TENANT IN POSSESSION OF PROPERTY UNDER A VACATION RENTAL IS SUBJECT TO A MANDATORY EVACUATION ORDER.
Referred to Committee on Labor, Commerce and Industry
H. 3561 (Word version) -- Reps. Limehouse, Askins, Perry, Scarborough and Thompson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-53-175 SO AS TO PROVIDE THAT UNLESS ORDERED BY THE COURT, IT IS UNLAWFUL FOR A BAIL BONDSMAN TO EXECUTE A BAIL BOND AND REMOVE A DEFENDANT FROM CUSTODY WITHOUT CHARGING AND COLLECTING THE FULL REQUIRED PREMIUM ON THE BOND AS ORDERED BY THE COURT, AND TO PROVIDE THAT WHEN IT IS DETERMINED THAT A DEFENDANT CANNOT BE RELEASED FROM JAIL, THEN THE BAIL BONDSMAN MUST RETURN THE PREMIUM WITHIN THREE BUSINESS DAYS.
Referred to Committee on Judiciary
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2:
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.
Rep. PHILLIPS proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\AMEND\22849AC01), which was adopted:
Amend the bill, as and if amended, Section 40-29-230(A)(3), page 31, line 35, by deleting / ten thousand / and inserting / fifteen thousand /.
Amend title to conform.
Rep. EDGE spoke against the amendment.
Rep. SIMRILL spoke in favor of the amendment.
Rep. EDGE moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Edge Keegan Loftis Trotter
Those who voted in the negative are:
Allen Altman Askins Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Emory Freeman Frye Gilham Gourdine Hamilton Harrell Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Hosey Huggins Jennings Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Littlejohn Lloyd Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Owens Parks Perry Phillips Quinn Rhoad Rice Riser Rivers Robinson Rodgers Rutherford Sandifer Scarborough Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Talley Taylor Thompson Townsend Vaughn Walker Webb Whatley White Wilder Wilkins Witherspoon Young, A. Young, J.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. EDGE explained the Bill.
Rep. KIRSH moved to adjourn debate on the Bill.
Rep. EDGE moved to table the motion.
Rep. KIRSH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Barfield Barrett Battle Bingham Brown, G. Brown, J. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Edge Emory Fleming Frye Gilham Gourdine Harrison Harvin Haskins Hayes Hinson Huggins Keegan Klauber Knotts Koon Law Leach Lourie Lucas Mack McGee Meacham-Richardson Merrill Neal, J.M. Owens Quinn Robinson Rodgers Rutherford Sandifer Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Snow Stille Talley Taylor Thompson Townsend Trotter Walker Webb Whatley White Wilder Wilkins Witherspoon Young, J.
Those who voted in the negative are:
Allen Bowers Breeland Brown, R. Clyburn Coleman Delleney Easterday Freeman Hamilton Harrell Hines, M. Hosey Kelley Kennedy Kirsh Lee Lloyd Loftis McCraw McLeod Moody-Lawrence Neal, J.H. Parks Perry Rice Rivers Scarborough Sharpe Sheheen Simrill Smith, F.N. Smith, J.E. Vaughn
So, the motion to adjourn debate was tabled.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Bales Barfield Barrett Battle Bingham Bowers Brown, G. Cato Chellis Coates Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Hamilton Harrell Harrison Harvin Hayes Hinson Huggins Keegan Kelley Kennedy Knotts Koon Law Leach Lee Lucas McCraw McGee Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.M. Ott Owens Perry Quinn Rice Rivers Robinson Rodgers Rutherford Sandifer Scarborough Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Talley Taylor Thompson Townsend Trotter Vaughn Walker Webb Whatley White Wilder Wilkins Young, A. Young, J.
Those who voted in the negative are:
Breeland Brown, J. Brown, R. Clyburn Cobb-Hunter Hines, M. Hosey Kirsh Lloyd Mack McLeod Neal, J.H. Rhoad
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 3506 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING OUTPATIENT FACILITIES FOR CHEMICALLY DEPENDENT OR ADDICTED PERSONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2531, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. MACK explained the Joint Resolution.
Rep. HARRELL asked unanimous consent to recall H. 3418 from the Committee on Ways and Means.
Rep. MCLEOD objected.
Rep. HARRELL asked unanimous consent to recall H. 3419 from the Committee on Ways and Means.
Rep. MCLEOD objected.
The following Bill was taken up:
H. 3360 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND CHAPTER 58, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE OF MORTGAGE LOAN BROKERS SO AS TO PLACE THIS BOARD UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF INDIVIDUALS AS MORTGAGE LOAN BROKERS.
Rep. MCLEOD moved to table the Bill.
Rep. MCLEOD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bowers Brown, R. Carnell Clyburn Cobb-Hunter Coleman Davenport Delleney Emory Freeman Gilham Harvin Hayes Hines, J. Hines, M. Hosey Jennings Kennedy Kirsh Lee Lloyd Mack McCraw McLeod Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Perry Phillips Quinn Rhoad Rivers Rutherford Sheheen Simrill Smith, F.N. Smith, W.D.
Those who voted in the negative are:
Altman Askins Bales Barfield Barrett Battle Bingham Campsen Cato Chellis Coates Cooper Cotty Dantzler Easterday Edge Frye Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas Martin McGee Merrill Owens Rice Riser Robinson Rodgers Sandifer Scarborough Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Snow Stille Stuart Talley Taylor Thompson Townsend Trotter Vaughn Webb Whatley White Wilder Wilkins Witherspoon Young, A. Young, J.
So, the House refused to table the Bill.
The Bill was read the third time and ordered sent to the Senate.
Rep. HARRELL moved to recall the following Bill from the Committee on Ways and Means, which was agreed to:
H. 3418 (Word version) -- Reps. Harrell, Quinn, Knotts, Altman, Limehouse, Bingham, Chellis, Harrison, Kelley, Riser, Rodgers, Sandifer, Simrill, W. D. Smith, Tripp, Walker, A. Young, White, Wilkins, Cato, Sharpe, Thompson, Robinson, Martin, Davenport, Hamilton, Leach and Loftis: A BILL TO RATIFY AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH A NEW CLASS OF PROPERTY CONSISTING OF PERSONAL MOTOR VEHICLES WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY AND LIMITED TO PASSENGER MOTOR VEHICLES AND PICKUP TRUCKS AS DEFINED BY LAW ASSESSED FOR PROPERTY TAX AT NINE AND SEVENTY-FIVE HUNDREDTHS PERCENT OF FAIR MARKET VALUE REDUCED IN ANNUAL INCREMENTS OF SEVENTY-FIVE HUNDREDTHS OF ONE PERCENT OVER SIX YEARS TO A PERMANENT RATE OF SIX PERCENT OF FAIR MARKET VALUE AND TO PROVIDE THAT THESE REVISED ASSESSMENT RATIOS AND THE NEW CLASS OF PROPERTY APPLIES FOR PROPERTY TAX YEARS BEGINNING AFTER 2001 OR IN EARLIER TAX YEARS AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.
Rep. HARRELL moved to recall the following Bill from the Committee on Ways and Means, which was agreed to:
H. 3419 (Word version) -- Reps. Harrell, Quinn, Limehouse, Knotts, Altman, Harrison, Kelley, Bingham, Chellis, Riser, Rodgers, Sandifer, Simrill, W. D. Smith, Tripp, Walker, A. Young, White, Wilkins, Cato, Sharpe, Townsend, Robinson, Koon, Martin, Davenport, Hamilton, Leach and Loftis: A BILL TO RATIFY AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY TO IMPOSE A SALES AND USE TAX TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES, MOTORCYCLES, GENERAL AVIATION AIRCRAFT, BOATS, AND BOAT MOTORS FROM PROPERTY TAX LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.
Rep. HARRELL moved to dispense with the balance of the Motion Period, which was agreed to.
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.
Rep. LAW continued speaking.
Rep. J. E. SMITH moved to commit the Bill to the Committee on Judiciary.
Rep. CATO moved to table the motion.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bales Barfield Barrett Battle Bingham Campsen Carnell Cato Chellis Coates Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Hamilton Harrell Harrison Harvin Haskins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Littlejohn Loftis Lourie Martin McCraw McGee Meacham-Richardson Merrill Moody-Lawrence Owens Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Stille Stuart Talley Taylor Thompson Townsend Trotter Vaughn Walker Webb Whatley White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Bowers Breeland Brown, G. Brown, J. Brown, R. Clyburn Cobb-Hunter Emory Freeman Gourdine Govan Hayes Hines, J. Hines, M. Hosey Howard Jennings Lee Lloyd Mack McLeod Miller Neal, J.H. Neal, J.M. Ott Parks Rhoad Rivers Rutherford Scott Smith, F.N. Smith, J.E. Snow
So, the motion to commit the Bill was tabled.
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 Bales Barrett Battle Bingham Bowers Campsen Cato Chellis Coates Coleman Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Harrell Harrison Harvin Haskins Hayes Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Law Leach Lee Limehouse Littlejohn Loftis Lourie Martin McCraw McGee McLeod Meacham-Richardson Merrill Neal, J.M. Owens Perry Quinn Rhoad Rice Riser Rodgers Sandifer Scarborough Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Stille Stuart Talley Taylor Thompson Townsend Trotter Vaughn Walker Webb Whatley White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Breeland Brown, G. Brown, R. Clyburn Cobb-Hunter Gourdine Govan Hines, J. Hines, M. Hosey Jennings Kennedy Lloyd Mack Miller Moody-Lawrence Neal, J.H. Ott Rivers Rutherford Scott Smith, F.N. Smith, J.E.
So, the Bill was read the second time and ordered to third reading.
I was in a budget meeting when the roll call vote to pass H. 3142 was conducted. I would have voted to pass H. 3142 and have supported it as evidenced by my co-sponsorship.
Rep. Alfred B. Robinson, Jr.
I was speaking with Dave Neilson in the phone room about Denny when the roll call vote to consider H. 3142 was conducted. I would have voted in favor of this bill.
Rep. Jay Lucas
Rep. CATO moved to adjourn debate upon the following Bill until Thursday, February 15, which was adopted:
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.
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. J. H. NEAL spoke against the amendment.
Rep. J. H. NEAL spoke against the amendment.
Rep. KENNEDY spoke against the amendment.
Rep. ALTMAN spoke in favor of the amendment.
Rep. QUINN spoke in favor of the amendment.
Rep. FLEMING spoke in favor of the amendment.
Rep. LOURIE spoke against the amendment.
Rep. HARRISON moved cloture on the entire matter.
Rep. F. N. SMITH moved that the House do now adjourn.
Rep. A. YOUNG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bowers Breeland Brown, G. Brown, R. Carnell Clyburn Gourdine Harvin Hines, J. Hines, M. Hosey Howard Kennedy Lloyd Mack Moody-Lawrence Neal, J.H. Parks Rhoad Rivers Rutherford Sheheen Smith, F.N. Wilder
Those who voted in the negative are:
Allison Altman Askins Bales Barfield Barrett Battle Bingham Brown, J. Campsen Cato Chellis Coates Coleman Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Govan Hamilton Harrell Harrison Haskins Hinson Huggins Jennings Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lourie Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.M. Ott Owens Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Scott Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Snow Stille Stuart Talley Taylor Thompson Townsend Trotter Vaughn Walker Webb Whatley White Wilkins Witherspoon Young, A. Young, J.
So, the House refused to adjourn.
Rep. HOWARD moved to continue the Bill.
Rep. FLEMING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Battle Bowers Breeland Brown, G. Brown, J. Carnell Clyburn Emory Freeman Gourdine Govan Harvin Hines, J. Hines, M. Hosey Howard Jennings Kennedy Lloyd Lourie Mack McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Rivers Rutherford Scott Smith, F.N. Smith, J.E. Snow Trotter Webb
Those who voted in the negative are:
Allison Altman Askins Bales Barfield Barrett Bingham Campsen Cato Chellis Coates Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas Martin McCraw McGee Meacham-Richardson Merrill Owens Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Smith, W.D. Stille Stuart Talley Taylor Thompson Townsend Vaughn Walker Whatley White Wilder Wilkins Witherspoon Young, A. Young, J.
So, the House refused to continue the Bill.
The question then recurred to the motion to invoke cloture on the entire matter.
Rep. FLEMING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Barfield Barrett Bingham Bowers Campsen Cato Chellis Coates Cooper Cotty Dantzler Davenport Easterday Edge Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas Martin McGee Meacham-Richardson Merrill Owens Perry Quinn 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 Trotter Vaughn Walker Webb Whatley White Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allen Bales Battle Breeland Brown, G. Brown, J. Brown, R. Carnell Clyburn Coleman Delleney Emory Freeman Gourdine Govan Harvin Hines, J. Hines, M. Hosey Howard Jennings Kennedy Lloyd Lourie Mack McCraw McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Phillips Rhoad Rivers Rutherford Scott Sheheen Smith, F.N. Smith, J.E. Snow Wilder
So, cloture was ordered.
Rep. FLEMING moved that the House do now adjourn, which was agreed to.
Further proceedings were interrupted by adjournment the pending question being consideration of Amendment No. 1, cloture having been ordered.
At 12:55 p.m. the House, in accordance with the motion of Rep. TAYLOR, adjourned in memory of Shirley Auwarter of Fountain Inn, to meet at 10:00 a.m. tomorrow.
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