Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT Pro Tempore.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, on this Day of Passover, the eve of Good Friday, hear words from the Epistle to the Hebrews, Chapter 11:28:

"By faith (Moses) kept the Passover and the sprinkling of blood, so that the destroyer of the firstborn would not touch the firstborn of Israel..."
Let us pray.

Father, we are shocked but give You thanks for the life and faithful labors of Your servant, our friend and colleague, David Taylor, having served in the Senate from 1972-1984, and who was called to Heaven so quickly.

We pray Your blessings of grace upon his wife, Dot, and his children, Drummond, David, Adam and Connie, through the Gospel which Senator Taylor also loved!

Father, help mankind say to each other:

"Come to Calv'ry's holy mountain,

Sinners ruined by the fall;

Here a pure and healing fountain

Flows to you, to me, to all..."   (James Montgomery, 1771-1854)
Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

The following were introduced:

S. 1170 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO HONOR THE MOMENTOUS CELEBRATION OF RICHLAND COUNTY SCHOOL DISTRICT ONE'S ARTS FESTIVAL TO BE HELD ON WEDNESDAY, APRIL 10, 2002.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1171 (Word version) -- Senator Anderson: A BILL TO AMEND SECTION 44-6-155 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDICAID EXPANSION FUND, SO AS TO PROVIDE ADDITIONAL MONIES TO THE FUNDS; TO AMEND SECTION 12-21-620 OF THE 1976 CODE, RELATING TO TAXES ON CIGARETTES AND TOBACCO PRODUCTS, SO AS TO INCREASE THE AMOUNTS OF THE TAXES; TO AMEND SECTIONS 12-21-1020, 12-21-1030, 12-21-1040, AND 12-21-1310 RELATING TO TAXES ON BEER AND WINE, SO AS TO INCREASE THE AMOUNTS OF THE TAXES; AND TO AMEND SECTIONS 12-33-230, 12-33-240, 12-33-245, 12-33-410, 12-33-420, 12-33-425, AND 12-33-460, RELATING TO TAXES ON ALCOHOLIC LIQUOURS, SO AS TO INCREASE THE AMOUNTS OF THE TAXES.
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Read the first time and referred to the Committee on Finance.

S. 1172 (Word version) -- Senators McConnell, Jackson, Holland, Elliott, Saleeby, Ford, O'Dell, Matthews, Moore, Rankin, Setzler, Hutto, Verdin, Courson, Bauer, Ravenel, Richardson, Glover, Martin, Branton, Leventis and Anderson: A BILL TO AMEND TITLE 24, CHAPTER 21, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 SO AS TO PROVIDE FOR THE INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION AND, UPON THE EFFECTIVE DATE OF THIS ACT, TO REPEAL ARTICLE 9, CHAPTER 21 OF TITLE 24, RELATING TO THE UNIFORM ACT FOR OUT-OF-STATE PAROLEE SUPERVISION.
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Read the first time and referred to the Committee on Corrections and Penology.

On motion of Senator FAIR, with unanimous consent, the Bill was referred to the Committee on Judiciary.

H. 4644 (Word version) -- Reps. Carnell, Klauber and Parks: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE DAYS MISSED IN THE 2001-2002 SCHOOL YEAR BY THE STUDENTS OF A SCHOOL IN GREENWOOD COUNTY SCHOOL DISTRICT 51 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Read the first time and, on motion of Senator DRUMMOND, with unanimous consent, ordered placed on the Calendar without reference.

On motion of Senator DRUMMOND, with unanimous consent, H. 4644 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 4670 (Word version) -- Reps. Harrison, Haskins and Martin: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED, SO AS TO DELETE THE PROVISION THAT ALLOWS PERSONS FROM OTHER COUNTRIES WHO ARE PRESENT IN SOUTH CAROLINA ON A STUDENT VISA OR ON A WORK VISA OR THEIR DEPENDENTS TO OBTAIN A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSE RENEWED, TO DEFINE "RESIDENT OF SOUTH CAROLINA" FOR PURPOSES OF DETERMINING ELIGIBILITY TO OBTAIN OR RENEW A DRIVER'S LICENSE, AND TO PROVIDE THAT RESIDENTS OF SOUTH CAROLINA AND THEIR DEPENDENTS ARE ELIGIBLE TO OBTAIN A DRIVER'S LICENSE OR HAVE A DRIVER'S LICENSE RENEWED.

Read the first time and referred to the Committee on Transportation.

H. 4818 (Word version) -- Rep. Stille: A BILL TO AMEND SECTION 59-58-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA NONPUBLIC POST-SECONDARY INSTITUTION LICENSE ACT, SO AS TO ADD CERTAIN DEFINITIONS; TO AMEND SECTION 59-58-30, RELATING TO EXCLUSIONS FROM THE DEFINITION OF "NONPUBLIC EDUCATIONAL INSTITUTION", SO AS TO FURTHER PROVIDE FOR THOSE ACTIVITIES, COURSES, OR INSTITUTIONS THAT COME WITHIN THIS EXCLUSION; TO AMEND SECTION 59-58-50, RELATING TO LICENSE REQUIREMENTS FOR NONPUBLIC INSTITUTIONS, SO AS TO PROVIDE LICENSES MAY BE GRANTED TO NONDEGREE GRANTING INSTITUTIONS FOR LESS THAN TWELVE MONTHS; TO AMEND SECTION 59-58-60, RELATING TO USE OF THE TERM "COLLEGE" OR "UNIVERSITY" IN A NAME, SO AS TO REVISE THE CIRCUMSTANCES WHEN THESE TERMS MAY AND MAY NOT BE USED; TO AMEND SECTION 59-58-70, RELATING TO FEES, SO AS TO PROVIDE FOR FURTHER SITUATIONS WHEN PENALTIES MAY BE IMPOSED; TO AMEND SECTION 59-58-100, RELATING TO ENROLLMENT CONTRACTS AND OTHER AGREEMENTS BEING VOID WITHOUT A LICENSE, SO AS TO CORRECT A GRAMMATICAL REFERENCE; AND TO AMEND SECTION 59-58-110, RELATING TO DENIAL, REVOCATION, OR SUSPENSION OF LICENSES, SO AS TO FURTHER PROVIDE FOR WHEN THE COMMISSION ON HIGHER EDUCATION MAY PROCEED WITH A DENIAL OR REVOCATION AND TO AUTHORIZE THE COMMISSION TO ALSO IMPOSE PROBATION AND DELAY A NEW CLASS TERM.

Read the first time and referred to the Committee on Education.

Senator GIESE from the Committee on Education submitted a favorable with amendment report on:

S. 244 (Word version) -- Senators Ritchie, Richardson and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-40-55 SO AS TO PROVIDE THAT AN APPLICANT DESIRING TO FORM A CHARTER SCHOOL MAY EITHER FILE THE APPLICATION WITH THE LOCAL SCHOOL BOARD OF TRUSTEES IN THE MANNER PROVIDED BY LAW OR IN THE ALTERNATIVE MAY FILE THE APPLICATION DIRECTLY WITH THE STATE BOARD OF EDUCATION WHICH SHALL ACT AS THE SPONSOR OF THE CHARTER SCHOOL AND AS THE APPROVING ENTITY FOR THAT CHARTER SCHOOL.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Education submitted a favorable with amendment report on:

S. 992 (Word version) -- Senator Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-71 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A TASK FORCE TO RECOMMEND A UNIFORM BEGINNING DATE FOR THE ANNUAL SCHOOL TERM, TO PROVIDE THE DATES WHEN THE RECOMMENDATION OF THE TASK FORCE IS DUE, AND TO PROVIDE THAT THE STATE BOARD SHALL ADOPT AND THE SEVERAL SCHOOL DISTRICTS OF THIS STATE SHALL IMPLEMENT THE RECOMMENDATION FOR A BEGINNING DATE EFFECTIVE WITH THE 2003-2004 SCHOOL YEAR TO THE EXTENT THAT NO ANNUAL SCHOOL TERM IN ANY SCHOOL DISTRICT MAY BEGIN BEFORE THE RECOMMENDED STARTING DATE FOR SCHOOLS.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Education submitted a favorable with amendment report on:

H. 3623 (Word version) -- Reps. Allison, Townsend and Robinson: A BILL TO AMEND SECTION 59-63-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST PUBLIC SCHOOL STUDENTS POSSESSING PAGING DEVICES ON SCHOOL PROPERTY OR WHILE ATTENDING SCHOOL EVENTS, SO AS TO PROVIDE THAT PAGING DEVICES WHICH ARE CONFISCATED PURSUANT TO THIS PROVISION AND FORFEITED TO THE SCHOOL DISTRICT SHALL BE RETURNED TO THE OWNER IN THE MANNER AND UNDER THE TIME LINES GOVERNED BY SCHOOL DISTRICT POLICY.

Ordered for consideration tomorrow.

Senator GIESE from the Committee on Education submitted a favorable report on:

H. 4391 (Word version) -- Reps. Townsend, Littlejohn and Walker: A BILL TO AMEND SECTION 59-19-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF SCHOOL TRUSTEES, SO AS TO REVISE THE MANNER IN WHICH MATRICULATION AND INCIDENTAL FEES MAY BE CHARGED BY SCHOOL DISTRICTS INCLUDING PROVISIONS TO EXEMPT CERTAIN STUDENTS FROM THESE FEES.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SOUTH CAROLINA ASSOCIATION-YOUNG BANKERS ASSOCIATION to attend an oyster roast at the University House on Tuesday, April 9, 2002, from 6:00 until 9:00 P.M.

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Waldrep
Alexander                 Bauer                     Peeler
Elliott                   Kuhn

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the PALMETTO CONSERVATION FOUNDATION to attend a breakfast at the Summit Club on Wednesday, April 10, 2002, from 8:00 until 9:00 A.M.

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Waldrep
Alexander                 Bauer                     Peeler
Elliott                   Kuhn

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from CLEMSON UNIVERSITY to attend a catfish supper at the State Museum Atrium on Wednesday, April 10, 2002, from 6:00 until 8:30 P.M.

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Waldrep
Alexander                 Bauer                     Peeler
Elliott                   Kuhn

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the CITADEL ALUMNI FOUNDATION to attend a barbeque supper at the Cantey Building at the State Fairgrounds on Tuesday, April 16, 2002, from 6:30 until 10:00 P.M. (Must be 21 years of age to attend.)

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Waldrep
Alexander                 Bauer                     Peeler
Elliott                   Kuhn

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SOUTH CAROLINA ASSOCIATION OF MUNICIPAL POWER SYSTEMS to attend a reception at Seawell's on Wednesday, April 17, 2002, from 6:00 until 8:00 P.M.

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Waldrep
Alexander                 Bauer                     Peeler
Elliott                   Kuhn

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4510 (Word version) -- Reps. Stille, Simrill, Sharpe, Moody-Lawrence, Phillips, Allison, Barfield, Barrett, Bowers, Davenport, Easterday, Emory, Freeman, Gourdine, Hayes, Hinson, Hosey, Keegan, Littlejohn, Lloyd, Martin, McCraw, Merrill, J.M. Neal, Neilson, Parks, Riser, Sandifer, Sinclair, J.E. Smith, J.R. Smith, Taylor, Thompson, Trotter, Walker, White, Witherspoon and Knotts, Clyburn and Rice: A BILL TO AMEND SECTION 43-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS OF THE BLIND AND DISABLED PERSONS TO USE PUBLIC FACILITIES AND ACCOMMODATIONS, SO AS TO PROVIDE THAT ANY TRAINER OF A GUIDE DOG, WHILE TRAINING A GUIDE DOG, HAS THE SAME RIGHTS AND PRIVILEGES WITH RESPECT TO ACCESS TO PUBLIC FACILITIES AND ACCOMMODATIONS AS BLIND AND DISABLED PERSONS.

The following Bill and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 1147 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR WASTEWATER FACILITY CONSTRUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2671, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1154 (Word version) -- Senators Patterson, Courson, Giese and Jackson: A BILL TO AMEND SECTION 58-27-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATUTORY MANDATE OF ELECTRICAL OR OTHER PUBLIC UTILITIES TO COMPLY WITH CERTAIN DUTIES AND OBLIGATIONS IMPOSED UPON THEM AS DECLARED BY THE SUPREME COURT OF SOUTH CAROLINA, SO AS TO PROVIDE THAT A MUNICIPALITY AND A PUBLIC UTILITY MAY MUTUALLY AGREE TO TRANSFER THE OBLIGATION TO PROVIDE A PUBLIC TRANSIT SYSTEM UNDER CERTAIN

By prior motion of Senator COURSON, with unanimous consent

The following Bill and Joint Resolution, having been read the second time, were ordered placed on the third reading Calendar:

S. 1160 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 40-47-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO BE LICENSED AS A PHYSICIAN, SO AS TO REVISE REQUIREMENTS CONCERNING DAILY SCORES ON FLEX EXAMINATIONS TAKEN BEFORE JULY 1, 1985, AND TO PROVIDE THAT A PASSING SCORE ON THE COMVEX EXAMINATION MUST BE ESTABLISHED BY THE TESTING AGENCY.

Senator PEELER explained the Bill.

On motion of Senator PEELER, with unanimous consent, S. 1160 was ordered to receive a third reading on Friday, March 29, 2002.

S. 1168 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO NINE MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF LAND ACQUISITION AND CONSTRUCTION COSTS FOR OFFICE EXPANSION AS DETERMINED BY THE DEMAND FOR SERVICES AND BY THE APPLICABLE FEDERAL REGULATIONS AND GUIDELINES.

Senator LEATHERMAN explained the Joint Resolution.

S. 977 (Word version) -- Senators Giese, J. Verne Smith, Land, Short, Drummond, Fair, Mescher, Leatherman, Verdin, Ritchie and Branton: A BILL TO AMEND SECTION 40-33-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE LICENSURE AND REGULATION OF NURSES, SO AS TO DEFINE "ATTENDANT CARE SERVICES" AND "INDIVIDUAL IN NEED OF IN-HOME CARE"; AND TO AMEND SECTION 40-33-50, RELATING TO CIRCUMSTANCES TO WHICH THE CHAPTER DOES NOT APPLY, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT BE CONSTRUED TO PROHIBIT A PERSON NOT LICENSED UNDER THIS CHAPTER FROM PROVIDING ATTENDANT CARE SERVICES WHICH ENABLE A PERSON TO REMAIN AT HOME RATHER THAN IN AN INSTITUTION AND WHICH INCLUDES HOMEMAKER AND COMPANION SERVICES AND CERTAIN HEALTH MAINTENANCE ACTIVITIES.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.

The Medical Affairs Committee proposed the following amendment (NBD\11450AC02), which was adopted:

Amend the bill, as and if amended, Section 40-33-50, page 3, immediately after line 19 by inserting:

/(10)   performance of an act which a person would normally perform if the person were physically and cognitively able./

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

S. 986 (Word version) -- Senators Leatherman, Hayes, Drummond, Moore, Peeler, Glover, Courson, Land, Mescher and Alexander: A JOINT RESOLUTION TO CREATE A BIRTH DEFECTS SURVEILLANCE STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERSHIP AND ITS PURPOSE, TO REQUIRE THE COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2003, AND TO ABOLISH THE COMMITTEE UPON SUBMISSION OF ITS REPORT.

The Senate proceeded to a consideration of the Joint Resolution, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.

The Committee on Medical Affairs proposed the following amendment (NBD\11478AC02), which was adopted:

Amend the joint resolution, as and if amended, by deleting /study committee/ on page 1, line 34, page 2, line 2, and on page 2, lines 36-37 and inserting /task force/

Amend the joint resolution, further, by deleting /committee/ on page 2, lines 38 and 42 and on page 3, lines 4, 8, and 9 and inserting /task force/

Amend the joint resolution, further, SECTION 1(E), page 2, line 7 by deleting /January 1, 2003/ and inserting /February 15, 2003/

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Joint Resolution was read the second time and ordered placed on the third reading Calendar.

S. 391 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND TITLE 40, CHAPTER 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NURSES, BY ADDING ARTICLE 15 SO AS TO ENACT THE "REGISTERED NURSE FIRST ASSISTANTS ACT" WHICH REQUIRES HEALTH CARE FACILITIES TO ESTABLISH PROCEDURES FOR THE APPOINTMENT OF REGISTERED NURSE FIRST ASSISTANTS (RNFA) AND FOR GRANTING THESE ASSISTANTS CLINICAL PRIVILEGES; AND TO PROVIDE THAT, WHEN HEALTH INSURANCE POLICIES, HEALTH CARE SERVICES PLANS, AND OTHER CONTRACTS PAY FOR SURGICAL FIRST ASSISTING SERVICES, THEY MUST PAY FOR A RNFA WHO PERFORMS SUCH SERVICES.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senator FAIR proposed the following amendment (NBD\11408AC02):

Amend the bill, as and if amended, by deleting Section 40-33-1560 on page 2 and inserting:

/"Section 40-33-1560.   Notwithstanding any other provision of law, when a health insurance policy, health care services plan, any insurance contract, or other contract provides for payment for surgical first assisting benefits or services, provided by anyone other than a licensed physician, the policy, plan, or contract must be construed as providing for payment to a RNFA who performs services that are within the scope of a RNFA's professional license. Nothing in this section shall be construed to mandate health insurance policies, health care services plans, insurance contracts, or other contracts to provide payment for surgical first assisting benefits or services or to prohibit health insurance policies, health care services plans, insurance contracts, or other contracts from providing payment for surgical first assisting benefits or services when these services or benefits are provided by a licensed physician."/

Renumber sections to conform.

Amend title to conform.

On motion of Senator FAIR, with unanimous consent, the Bill was carried over.

S. 1167 (Word version) -- Senators Pinckney and Richardson: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 91, SO AS TO PROVIDE FOR THE ISSUANCE OF A "PENN CENTER" SPECIAL LICENSE PLATE.

On motion of Senator PINCKNEY, with unanimous consent, the Bill was carried over.

H. 4840 (Word version) -- Reps. Harvin, J. Young, Bales, Clyburn, M. Hines, Hosey, Keegan, Kennedy, Miller, Snow and Vaughn: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA THAT THE REPUBLIC OF CHINA (TAIWAN) SHOULD BE PERMITTED TO PARTICIPATE IN A MEANINGFUL AND APPROPRIATE WAY IN THE WORLD HEALTH ORGANIZATION.

On motion of Senator LEVENTIS, with unanimous consent, the Concurrent Resolution was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

H. 3142 (Word version) -- Reps. Cato, Wilkins, Walker, Simrill, Davenport, Sandifer, Vaughn, Robinson, Altman, Cotty, White, Thompson, Knotts, Campsen, McGee, Coates 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.

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 6 (HUTTO4-3142) proposed by Senators HUTTO and MARTIN and previously printed in the Journal of Wednesday, January 27, 2002.

Senator PATTERSON argued contra to the second reading of the Bill.

With Senator PATTERSON retaining the floor, Senator MARTIN asked unanimous consent to make a motion to be granted leave to explain Amendment No. 6.

There was no objection.

Senators HUTTO and MARTIN proposed the following Amendment No. 6 (HUTTO4-3142), which was adopted:

Amend the bill, as and if amended, page 3, by deleting lines 18 through 27 and inserting the following:

/     "Section 41-7-40.   Nothing in this chapter shall preclude any precludes an employer from deducting from the wages of the employees and paying over to any a labor organization, or its authorized representative, membership dues in a labor organization; provided, that however, the employer has must have received from each employee, on whose account such the deductions are made, a written assignment which shall must not be irrevocable for a period of more than one year, or beyond until the termination date of any applicable collective agreement or assignment, whichever occurs sooner. After one year, the employee has the absolute right to revoke the written assignment allowing for deduction of membership dues in a labor union."   /

Amend the bill further, as and if amended, pages 3 and 4 by deleting SECTION 5 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

At 11:55 A.M., the PRESIDENT assumed the Chair.

Senator MARTIN explained the amendment.

Senator RAVENEL spoke on the amendment.

With Senator PATTERSON retaining the floor, Senator MARTIN asked unanimous consent to make a motion that Amendment No. 6 be adopted, any remaining amendments be withdrawn and the Bill be given a second reading, with notice of general amendments.

Senator HUTTO objected.

Senator PATTERSON spoke on the Bill.

With Senator PATTERSON retaining the floor, Senator MARTIN asked unanimous consent to make a motion that Amendment No. 6 be adopted, any remaining amendments be withdrawn and the Bill be given a second reading, with notice of general amendments.

There was no objection and the motion was adopted.

Amendment No. 6 was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

On motion of Senators HAWKINS and GROOMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Doris Keefe of Pamplico, S.C., beloved aunt of Janet Evans, dedicated Administrative Assistant to Senators HAWKINS and GROOMS.

On motion of Senators ALEXANDER, ANDERSON, BAUER, BRANTON, COURSON, DRUMMOND, ELLIOTT, FAIR, FORD, GIESE, GLOVER, GREGORY, GROOMS, HAWKINS, HAYES, HOLLAND, HUTTO, JACKSON, KUHN, LAND, LEATHERMAN, LEVENTIS, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, RAVENEL, REESE, RICHARDSON, RITCHIE, RYBERG, SALEEBY, SETZLER, SHORT, J. VERNE SMITH, THOMAS, VERDIN and WALDREP, with unanimous consent, the Senate stood adjourned out of respect to the memory of our former colleague and friend, Senator DAVID TAYLOR of Laurens, S.C. Senator TAYLOR served in the House of Representatives from 1963-64 and 1967-72 and he served in the Senate from 1972-1984. He is survived by his beloved wife, Dot, and their devoted children, Drummond, David, Adam and Connie.

Senator McCONNELL moved that, when the Senate adjourns on Friday, March 29, 2002, it stand adjourned to meet next Tuesday, April 2, 2002, at 12:00 Noon, which motion was adopted.

At 12:45 A.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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