Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Deuteronomy 13:4: "The Lord your God you shall follow, him alone you shall fear, his commandments you shall keep, his voice you shall obey, him you shall serve, and to him you shall hold fast."
Let us pray. God of peace that passes all human understanding, come into our hearts this day. Fill us with a sense of Your joyful presence as we move through the day. Help us feel the deep caring and love You have for us. Rekindle in us the desire to serve the people of this State. Look in favor upon all our leaders, our Nation, our State, and this Assembly. Protect our defenders of freedom as they protect us. Heal the wounds of our brave warriors, those seen and unseen. Hear our prayer, O Lord. 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. BRANTLEY moved that when the House adjourns, it adjourn in memory of Mary T. Zinnerman of Ridgeland, which was agreed to.
The following was received and referred to the appropriate committee for consideration:
Document No. 4181
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-7-110 et seq.
Certification of Need for Health Facilities and Services
Received by Speaker of the House of Representatives
June 1, 2011
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 7, 2012
The following was received:
Columbia, S.C., May 26, 2011
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 705:
S. 705 (Word version) -- Senators Rankin, Campbell, Rose, Verdin, Hutto, Ford and Grooms: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 58 SO AS ENACT THE "UNDERGROUND FACILITY DAMAGE PREVENTION ACT", TO PROVIDE DEFINITIONS, TO PROVIDE LIMITS ON COSTS RELATED TO THIS CHAPTER, TO REQUIRE THE CREATION OF A NOTIFICATION CENTER ASSOCIATION PROVIDING FOR RECEIVING NOTICE OF EXCAVATION OR DEMOLITION IN A DEFINED AREA, TO CREATE AND SPECIFY THE MEMBERSHIP OF A BOARD TO GOVERN THE NOTIFICATION CENTER, TO PROVIDE MISCELLANEOUS REQUIREMENTS AND DUTIES RELATED TO THE NOTIFICATION CENTER, TO REQUIRE CERTAIN NOTICE RELATED TO EXCAVATIONS, DEMOLITIONS, AND DAMAGE RESULTING DURING AN EXCAVATION OR DEMOLITION, TO PROVIDE EXCEPTIONS TO THE NOTICE REQUIREMENTS AND OTHER PROVISIONS OF THIS CHAPTER, AND TO PROVIDE PENALTIES FOR A VIOLATION OF THIS CHAPTER; AND TO REPEAL SECTIONS 58-35-10, 58-35-20, 58-35-30, 58-35-40, 58-35-50, 58-35-60, 58-35-70, 58-35-80, 58-35-90, 58-35-100, 58-35-110, AND 58-35-120 ALL RELATING TO THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 26, 2011
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 693:
S. 693 (Word version) -- Senators Bryant and Bright: A BILL TO AMEND SECTION 23-9-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDER AND APPEALS FROM THE STATE FIRE MARSHAL, SO AS TO INCREASE THE AMOUNT OF TIME THAT AN OCCUPANT OR OWNER MAY APPEAL THE DECISION OF A DEPUTY OR RESIDENT FIRE MARSHAL FROM TWENTY-FOUR HOURS TO THIRTY DAYS, AND TO PROVIDE THAT THE STATE FIRE MARSHAL'S DECISION MUST BE FILED WITHIN TEN DAYS OF RECEIVING THE NOTICE OF APPEAL; TO PROVIDE THAT THE APPEAL PERIOD SHALL NOT BE ALLOWED IF THE BUILDING OR ANY OTHER STRUCTURE IS DEEMED TO BE AN IMMINENT DANGER, AND TO INCREASE THE AMOUNT OF TIME A PERSON MAY APPEAL AN ORDER OF THE STATE FIRE MARSHAL TO AN ADMINISTRATIVE LAW JUDGE FROM FIVE TO THIRTY DAYS.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 26, 2011
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 592:
S. 592 (Word version) -- Senators Hayes, Leventis, Cromer, Rose, Scott, Knotts, Alexander and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-1-3067 SO AS TO CREATE THE OFFENSE OF FRATERNIZATION; TO AMEND SECTION 25-1-10, RELATING TO THE STATE MILITARY CODE'S DEFINITIONS, SO AS TO DEFINE THE TERM "ORGANIZED MILITIA"; TO AMEND SECTION 25-1-40, RELATING TO THE APPLICABILITY OF THE UNIFORM CODE OF MILITARY JUSTICE, SO AS TO DELETE AN UNNECESSARY REFERENCE TO CAPITAL SENTENCES; TO AMEND SECTION 25-1-60, RELATING TO THE COMPOSITION AND CLASSES OF THE STATE MILITIA, SO AS TO CLARIFY THAT ACTIVE MEMBERS OF THE NATIONAL GUARD ARE NOT PART OF THE ORGANIZED MILITIA; TO AMEND SECTION 25-1-70, RELATING TO THE COMPOSITION OF THE NATIONAL GUARD, SO AS TO CLARIFY THE ADJUTANT GENERAL'S AUTHORITY TO ORGANIZE UNITS FOR STATE RECOGNIZED AND ORGANIZED POSITIONS; TO AMEND SECTION 25-1-120, RELATING TO MILITARY CORPORATIONS, SO AS TO CLARIFY THAT MILITARY CORPORATIONS ARE EXEMPT FROM FILING RETURNS WITH THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO THE SAME EXTENT THEY ARE EXEMPT FROM FILING RETURNS WITH THE INTERNAL REVENUE SERVICE; TO AMEND SECTION 25-1-340, RELATING TO VACANCIES IN THE OFFICE OF THE ADJUTANT GENERAL, SO AS TO PROVIDE THAT AN INTERIM APPOINTEE SHALL HOLD THE RANK OF COLONEL OR HIGHER; TO AMEND SECTION 25-1-635, RELATING TO LEGAL ASSISTANCE SERVICES, SO AS TO CLARIFY THE PERSONAL LIABILITY EXEMPTION; TO AMEND SECTION 25-1-830, RELATING TO OFFICER SELECTION BOARDS, SO AS TO INCLUDE REFERENCES TO FEDERAL PERSONNEL ACTS; TO AMEND SECTION 25-1-1370, RELATING TO MAINTENANCE ALLOWANCES, SO AS TO PROVIDE THAT THESE FUNDS MUST BE DEPOSITED IN STATE ACCOUNTS FOR MILITARY DEPARTMENT OPERATIONS AND MAINTENANCE; TO AMEND SECTION 25-1-2420, RELATING TO CODE OF MILITARY JUSTICE DEFINITIONS, SO AS TO PROVIDE THAT THE TERM "STATE JUDGE ADVOCATE" MEANS A FEDERALLY RECOGNIZED NATIONAL GUARD JUDGE ADVOCATE; TO AMEND SECTION 25-1-2450, RELATING TO THE APPOINTMENT OF THE STATE JUDGE ADVOCATE, SO AS TO PROVIDE THAT THE STATE JUDGE ADVOCATE MUST BE FEDERALLY RECOGNIZED AS A JUDGE ADVOCATE; TO AMEND SECTION 25-1-2455, RELATING TO THE APPOINTMENT OF THE STATE MILITARY JUDGE, SO AS TO REQUIRE MEMBERSHIP AND GOOD STANDING IN THE SOUTH CAROLINA BAR; TO AMEND SECTION 25-1-2520, RELATING TO NONJUDICIAL DISCIPLINARY PUNISHMENT, SO AS TO ALLOW THE DELEGATION OF NONJUDICIAL PUNISHMENT AUTHORITY IN CERTAIN SITUATIONS; TO AMEND SECTION 25-1-2550, RELATING TO GENERAL COURTS-MARTIAL JURISDICTION, SO AS TO INCREASE THE COURT'S PUNISHMENT AUTHORITY; TO AMEND SECTION 25-1-2560, RELATING TO SPECIAL COURTS-MARTIAL JURISDICTION, SO AS TO INCREASE THE COURT'S PUNISHMENT AUTHORITY; TO AMEND SECTION 25-1-2570, RELATING TO SUMMARY COURTS-MARTIAL JURISDICTION, SO AS TO INCREASE THE COURT'S PUNISHMENT AUTHORITY; TO AMEND SECTION 25-1-2580, RELATING TO THE APPOINTMENT OF GENERAL COURTS-MARTIAL, SO AS TO PROVIDE THAT APPOINTMENT AUTHORITY MAY BE DELEGATED TO THE ADJUTANT GENERAL UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 25-1-2600, RELATING TO THE APPOINTMENT OF SUMMARY COURTS-MARTIAL, SO AS TO PROVIDE THAT APPOINTMENT AUTHORITY MAY BE DELEGATED UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 25-1-2630, RELATING TO THE DETAIL OF TRIAL AND DEFENSE COUNSEL, SO AS TO CLARIFY THE STATE JUDGE ADVOCATE'S APPOINTMENT AUTHORITY; TO AMEND SECTION 25-1-2640, RELATING TO THE RECORDING OF PROCEEDINGS, SO AS TO PROVIDE THAT A QUALIFIED COURT REPORTER MAY BE HIRED TO RECORD COURT-MARTIAL PROCEEDINGS; TO AMEND SECTION 25-1-2910, RELATING TO FRAUDULENT ENLISTMENTS, APPOINTMENTS, OR SEPARATIONS, SO AS TO PROVIDE JURISDICTION OVER SERVICEMEMBERS WHO COMMIT WILFUL MISCONDUCT TO INTENTIONALLY CAUSE THEIR SEPARATION; TO AMEND SECTION 25-1-3025, RELATING TO THE OFFENSE OF MALINGERING, SO AS TO PROVIDE JURISDICTION OVER SERVICEMEMBERS WHO COMMIT, PERFORM, OR UNDERTAKE SERVICE DISQUALIFYING ACTIVITIES; TO AMEND SECTION 25-1-3065, RELATING TO THE OFFENSE OF CONDUCT UNBECOMING AN OFFICER, SO AS TO DELETE THE ELEMENT THAT THE ACCUSED BE A COMMISSIONED OFFICER; AND TO AMEND SECTION 25-1-3160, RELATING TO CONSTRUCTION OF THE UNIFORM CODE OF MILITARY JUSTICE, SO AS TO ALLOW THE ADJUTANT GENERAL TO ESTABLISH PROCEDURES TO CONFORM STATE MILITARY JUDICIAL PROCEEDINGS WITH STATE CIRCUIT COURT PROCEEDINGS.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
Rep. OWENS, from the Committee on Education and Public Works, submitted a favorable report on:
H. 3236 (Word version) -- Reps. Daning and G. R. Smith: A BILL TO AMEND SECTION 59-65-10 AND SECTION 59-65-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPULSORY EDUCATION FOR SOUTH CAROLINA SCHOOL CHILDREN AND THE EXCEPTION TO THE REQUIREMENT, RESPECTIVELY, SO AS TO INCLUDE THE SOUTH CAROLINA ASSOCIATION OF CHRISTIAN SCHOOLS AS AN AUTHORIZER OF SCHOOLS THAT CHILDREN MAY ATTEND WITHIN THE COMPULSORY EDUCATION REQUIREMENT.
Ordered for consideration tomorrow.
Rep. OWENS, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3495 (Word version) -- Rep. Alexander: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO STUDY THE FEASIBILITY AND COST EFFECTIVENESS OF CONSOLIDATING SCHOOL DISTRICTS WITHIN THE INDIVIDUAL COUNTIES OF THIS STATE, TO PROVIDE FOR THE DUTIES OF THE COMMITTEE AND FOR ITS MEMBERSHIP, AND TO REQUIRE THE COMMITTEE TO REPORT ITS FINDINGS TO THE GENERAL
ASSEMBLY BY JANUARY 31, 2012, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.
Ordered for consideration tomorrow.
The following was introduced:
H. 4296 (Word version) -- Reps. Willis, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams and Young: A HOUSE RESOLUTION TO CONGRATULATE VIRGINIA WARD EDWARDS OF FOUNTAIN INN ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY, AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND CONTINUED HEALTH AND HAPPINESS.
The Resolution was adopted.
The following was introduced:
H. 4297 (Word version) -- Reps. Funderburk, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA'S THOROUGHBRED OWNERS AND TRAINERS AND THEIR SOUTH CAROLINA TRAINED HORSES, ALL OF WHOSE PERFORMANCES BRING HONOR TO THE PALMETTO STATE.
The Resolution was adopted.
The following was introduced:
H. 4300 (Word version) -- Rep. White: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND PENDLETON DISTRICT HISTORICAL, RECREATIONAL, AND TOURISM COMMISSION ON THE OCCASION OF THE ORGANIZATION'S FORTY-FIFTH ANNIVERSARY OF SERVICE TO THE CITIZENS OF SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 4301 (Word version) -- Reps. Gilliard, Mack and Whipper: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND SPENCER PRYOR OF CHARLESTON COUNTY FOR HIS OUTSTANDING COMMUNITY AND PUBLIC SERVICE TO THE PEOPLE OF SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 4302 (Word version) -- Reps. Huggins, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO HONOR AND CONGRATULATE WESLEY CHARLES WAGERS OF LEXINGTON COUNTY ON BEING NAMED THE AMERICAN LEGION, DEPARTMENT OF SOUTH CAROLINA 2011 BOY SCOUT OF THE YEAR.
The Resolution was adopted.
The following was introduced:
H. 4303 (Word version) -- Reps. Horne, Harrell, Murphy and Knight: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE SUMMERVILLE HIGH SCHOOL GIRLS TRACK AND FIELD TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON, AND TO CONGRATULATE THEM FOR WINNING THE 2011 CLASS AAAA STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 4304 (Word version) -- Reps. Stringer, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE REVEREND JOE SEAY AND THE MEMBERS OF EL BETHEL BAPTIST CHURCH OF GREENVILLE COUNTY, AND TO COMMEND THEM, UPON THE OCCASION OF THE ONE HUNDREDTH ANNIVERSARY OF THE CHURCH AND ITS MINISTRY IN THE COMMUNITY.
The Resolution was adopted.
The following was introduced:
H. 4305 (Word version) -- Reps. Harrison, Battle, Crawford, Delleney, Murphy, Pinson, Vick, Viers, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crosby, Daning, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO COMMEND AND EXPRESS THE SINCERE APPRECIATION OF THE HOUSE OF REPRESENTATIVES ON BEHALF OF THE CITADEL FAMILY TO COLONEL WILLIAM G. KASTNER OF CHARLESTON, CITADEL CLASS OF 1974, FOR HIS DISTINGUISHED SERVICE AS AN ALUMNI MEMBER OF THE CITADEL BOARD OF VISITORS AS HIS SERVICE ON THE BOARD COMES TO A CLOSE.
The Resolution was adopted.
The following was introduced:
H. 4306 (Word version) -- Reps. Harrison, Battle, Crawford, Delleney, Murphy, Pinson, Vick, Viers, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crosby, Daning, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR CLAUDE W. BURNS III OF ROCK HILL UPON THE OCCASION OF HIS RETIREMENT FROM THE BOARD OF VISITORS OF THE CITADEL, AND TO EXPRESS THE GRATITUDE OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES FOR HIS SIX YEARS OF TIRELESS SERVICE AS A MEMBER OF THAT BOARD.
The Resolution was adopted.
The following was introduced:
H. 4312 (Word version) -- Reps. Huggins, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO HONOR AND CONGRATULATE WILLIAM WAGERS OF LEXINGTON COUNTY ON BEING NAMED THE VETERANS OF FOREIGN WARS SOUTH CAROLINA 2011 SCOUT OF THE YEAR.
The Resolution was adopted.
The following was introduced:
H. 4313 (Word version) -- Rep. McLeod: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR DR. JOHN W. BROWN FOR HIS FIFTY YEARS OF OUTSTANDING COMMUNITY SERVICE TO THE PEOPLE OF SOUTH CAROLINA AND BEYOND.
The Resolution was adopted.
The following was introduced:
H. 4314 (Word version) -- Reps. McLeod, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR ANN BOWERS SANDERS, UPON THE OCCASION OF HER RETIREMENT, COMMEND HER FOR HER MANY YEARS OF FAITHFUL AND DEDICATED SERVICE TO THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND TO THE STATE, AND TO WISH HER MUCH HAPPINESS IN HER WELL-EARNED RETIREMENT.
Whereas, the members of the South Carolina House of Representatives are pleased to learn that Ann Bowers Sanders will begin a well-deserved retirement on July 14, 2011; and
Whereas, Ann has devoted her professional career to the service of this great State having worked for the State for a total of over thirty-eight years with thirty years of that service dedicated to the House of Representatives; and
Whereas, she served with the South Carolina Highway Department for eight years prior to joining the staff of the House of Representatives; and
Whereas, in 1981, Ann Sanders was hired as an Assistant Bookkeeper for the House, and in 1988, she was promoted to Assistant Accounting Manager; and
Whereas, having so diligently and selflessly worked in the Office of House Accounting and Benefits over so many years she worked under Speakers Ramon Schwartz, Bob Sheheen, David Wilkins, and Bobby Harrell and House Clerks Lois Shealy, Sandra McKinney, and Charles Reid; and
Whereas, beloved by her coworkers, Shirley Black, with whom she has worked alongside for thirty years, Karen Rucker, and Tona Quinton, she will also be greatly missed by the entire staff of the Blatt Building and the members of the House; and
Whereas, the members will most certainly recall her smiling face as she delivered their checks on the floor of the House, but she will be most remembered by all who were privileged to know her for her quiet, unassuming nature, enduring strength in the face of tragedy, strong faith, and the grace and dignity by which she did her job; and
Whereas, a member of Holy Trinity Evangelical Lutheran Church of Little Mountain, she is the devoted wife of James Sanders and together they raised two fine twin sons, Chris Sanders and the late Brad Sanders; and
Whereas, the members of the South Carolina House of Representatives are proud to express their gratitude to Ann Bowers Sanders for her service to the State and particularly her dedication to this Chamber over the last thirty years and wish her continued success and happiness in all her future endeavors. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, recognize and honor Ann Bowers Sanders, upon the occasion of her retirement, and commend her for her many years of faithful and dedicated service to the South Carolina House of Representatives and to the State, and to wish her much happiness in her well-earned retirement.
Be it further resolved that a copy of this resolution be presented to Ann Bowers Sanders.
The Resolution was adopted.
The following was introduced:
H. 4315 (Word version) -- Rep. Mitchell: A HOUSE RESOLUTION TO AUTHORIZE THE YOUTH LEADERSHIP INSTITUTE OF THE UNIVERSITY OF SOUTH CAROLINA UPSTATE TO USE THE HOUSE CHAMBER ON THURSDAY, JUNE 9, 2011, FROM 2:00 P.M. TO 4:00 P.M. FOR ITS MOCK LEGISLATIVE DEBATE. IF THE HOUSE OF REPRESENTATIVES IS IN STATEWIDE SESSION, THE CHAMBER OF THE HOUSE MAY NOT BE USED.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4307 (Word version) -- Reps. J. E. Smith, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR NADÈGE VAUTHIER-KELLER OF RICHLAND COUNTY, FRENCH TEACHER AT HEATHWOOD HALL EPISCOPAL SCHOOL, UPON BEING NAMED 2011 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION (SCISA) UPPER SCHOOL TEACHER OF THE YEAR, AND TO EXTEND SINCERE APPRECIATION FOR HER MANY OUTSTANDING CONTRIBUTIONS TO EDUCATION IN SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4308 (Word version) -- Rep. Daning: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF UNITED STATES HIGHWAY 17A AND THE SANGAREE PARKWAY IN BERKELEY COUNTY "LANCE CORPORAL TODD ALVIN BENJAMIN INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "LANCE CORPORAL TODD ALVIN BENJAMIN INTERSECTION".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4318 (Word version) -- Reps. J. H. Neal, Bales, Brady, Butler Garrick, Harrison, Howard, McEachern and Rutherford: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 48 IN RICHLAND COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 769 TO ITS INTERSECTION WITH UNITED STATES HIGHWAY 601 "H. HEATH HILL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "H. HEATH HILL HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 689 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 17, 2011.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 930 (Word version) -- Senator Scott: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF OCTOBER 2011, AS GANG AWARENESS MONTH IN SOUTH CAROLINA IN ORDER TO RAISE PUBLIC AWARENESS OF THE INCREASING PROBLEM OF CRIMINAL GANG ACTIVITY IN OUR STATE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 931 (Word version) -- Senator Scott: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF SEPTEMBER 2011, YOUTH AWARENESS MONTH IN SOUTH CAROLINA AND TO ENCOURAGE ALL CITIZENS OF THIS GREAT STATE TO PROMOTE STRONG FAMILIES AND PARENTING, ALONG WITH YOUTH PROGRAMS AND JOBS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 936 (Word version) -- Senator L. Martin: A CONCURRENT RESOLUTION TO PROCLAIM OCTOBER 15, 2011, AS FEDERATION CENTER OF THE BLIND DAY IN SOUTH CAROLINA UPON ITS FIFTIETH ANNIVERSARY AND TO ENCOURAGE ALL SOUTH CAROLINIANS TO JOIN IN SUPPORT AND CELEBRATION OF THIS MILESTONE EVENT WHICH HAS BETTERED THE QUALITY OF LIFE DURING THE PAST FIVE DECADES FOR BLIND SOUTH CAROLINIANS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 939 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR TERESA KLECKLEY ROGERS, UPON THE OCCASION OF HER RETIREMENT, FOR YEARS OF DEVOTED SERVICE TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, AND TO WISH HER CONTINUED SUCCESS AND HAPPINESS IN THE YEARS AHEAD.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 940 (Word version) -- Senators Scott, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Elliott, Fair, Ford, Gregory, Grooms, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McConnell, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Ryberg, Setzler, Sheheen, Shoopman, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR PASTOR BOBBY L. SMITH, SR., FOR TWENTY YEARS OF DEDICATED MINISTRY TO THE MEMBERS OF ZION CANAAN BAPTIST CHURCH AND TO HIS COMMUNITY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 942 (Word version) -- Senator Campbell: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MR. JACK A. VILLEPONTEAUX, VICE PRESIDENT OF BERKELEY ELECTRIC COOPERATIVE, INC., AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4298 (Word version) -- Rep. Loftis: A BILL TO AMEND SECTION 59-59-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPLEMENTATION SCHEDULE OF THE "HIGH SCHOOLS THAT WORK" ORGANIZATIONAL MODEL OR OBTAINING THE APPROVAL OF THE STATE DEPARTMENT OF EDUCATION FOR ANOTHER CLUSTER OR ORGANIZATIONAL MODEL FOR PURPOSES OF THE SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT ACT, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL USE FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY FOR TECHNICAL ASSISTANCE VISITS TO SCHOOLS IMPLEMENTING THE "HIGH SCHOOLS THAT WORK" ORGANIZATIONAL MODEL, TO PROVIDE THE PURPOSES OF THESE VISITS, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO PREPARE A REPORT WITH RECOMMENDATIONS TO THE SCHOOL SUMMARIZING THE FINDINGS RESULTING FROM THE VISIT AND RECOMMENDED ACTIONS FOR THE SCHOOL TO ADDRESS PRIORITY AREAS, AND TO PROVIDE THAT COPIES OF THESE REPORTS MUST BE PROVIDED TO MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING SCHOOL DISTRICTS IN WHICH THE VISITED SCHOOL IS LOCATED.
Referred to Committee on Education and Public Works
H. 4299 (Word version) -- Rep. Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-297 SO AS TO PROVIDE THAT ETHANOL-BLENDED GASOLINE OFFERED FOR RETAIL SALE IN THIS STATE MUST BE LABELED IN A MANNER THAT INDICATES THE PERCENTAGE OF ETHANOL BY VOLUME.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4309 (Word version) -- Rep. Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-17-55 SO AS TO PROHIBIT SCHOOL ADMINISTRATORS ASSOCIATIONS AND SCHOOL BOARD ASSOCIATIONS THAT RECEIVE STATE OR PUBLIC FUNDS TO HIRE, RETAIN, OR CONTRACT WITH A PERSON WHOSE ACTIVITIES INCLUDE LOBBYING.
Referred to Committee on Education and Public Works
H. 4310 (Word version) -- Rep. Viers: A BILL TO AMEND SECTION 59-19-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORIENTATION FOR SCHOOL BOARDS OF TRUSTEES, SO AS TO REQUIRE THE ORIENTATION TO BE CONDUCTED BY THE STATE DEPARTMENT OF EDUCATION.
Referred to Committee on Education and Public Works
H. 4311 (Word version) -- Rep. Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-70 SO AS TO REQUIRE THE CONSTRUCTION OF A TORNADO SHELTER IN NEW RESIDENTIAL SUBDIVISIONS, TO PROVIDE DEFINITIONS, AND TO PROVIDE SPECIFICATIONS FOR THESE SHELTERS; AND BY ADDING SECTION 27-47-480 SO AS TO REQUIRE THE CONSTRUCTION OF A TORNADO SHELTER IN NEW MANUFACTURED HOME
PARKS, TO PROVIDE DEFINITIONS, AND TO PROVIDE SPECIFICATIONS FOR THESE SHELTERS.
Referred to Committee on Labor, Commerce and Industry
H. 4316 (Word version) -- Rep. McLeod: A BILL TO AMEND ARTICLE 5, CHAPTER 9, TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNCIL-SUPERVISOR FORM OF COUNTY GOVERNMENT, SO AS TO CHANGE THE NAME OF THE FORM OF GOVERNMENT TO THE COUNCIL-CHIEF EXECUTIVE FORM OF COUNTY GOVERNMENT.
Referred to Committee on Judiciary
H. 4317 (Word version) -- Reps. Allison, Ott, Viers, Edge, Brady, J. E. Smith, Limehouse, Dillard and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 155 TO TITLE 59 TO ENACT THE "HOME VISITATION ACCOUNTABILITY ACT OF 2012" SO AS TO ESTABLISH THE HOME VISITATION BOARD AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO PROVIDE CRITERIA FOR HOME VISITATION PROGRAMS; TO PROVIDE THAT THE BOARD SHALL DEVELOP DATA CONTENT AND COLLECTION REQUIREMENTS; TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO EVALUATE HOME VISITATION PROGRAMS; AND TO SPECIFY ALLOCATION OF STATE FUNDING FOR HOME VISITATION PROGRAMS.
Referred to Committee on Ways and Means
S. 119 (Word version) -- Senators Campsen, Rose, McConnell and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-705 SO AS TO PROVIDE THAT, UPON RECEIPT OF THE NOTICE OF A PAROLE HEARING, THE VICTIM AND MEMBERS OF THE VICTIM'S IMMEDIATE FAMILY MAY SUBMIT WRITTEN STATEMENTS TO THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, AND TO PROVIDE THAT THE STATEMENTS MUST BE CONSIDERED BY THE BOARD IN MAKING ITS DETERMINATION OF PAROLE, AND TO PROVIDE THAT THE STATEMENTS MUST BE RETAINED BY THE BOARD AND MUST BE SUBMITTED AT SUBSEQUENT PAROLE HEARINGS.
Referred to Committee on Judiciary
S. 580 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 40-18-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM CHAPTER 18 OF TITLE 40 PROVIDING FOR THE LICENSURE AND REGULATION OF PRIVATE SECURITY AND INVESTIGATION AGENCIES, SO AS TO PROVIDE THAT THE CHAPTER MUST NOT APPLY TO A PERSON BASED SOLELY ON HIS BEING ENGAGED IN COMPUTER OR DIGITAL FORENSIC SERVICES, THE ACQUISITION, REVIEW, OR ANALYSIS OF DIGITAL OR COMPUTER-BASED INFORMATION, OR SYSTEM VULNERABILITY TESTING.
Referred to Committee on Labor, Commerce and Industry
S. 878 (Word version) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4161, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 913 (Word version) -- Senator Sheheen: A JOINT RESOLUTION TO ESTABLISH THE KERSHAW COUNTY HOUSING AUTHORITY; TO PROVIDE THAT POWERS AND DUTIES OF THE AUTHORITY ARE VESTED IN THE KERSHAW COUNTY HOUSING AUTHORITY COMMISSION AND TO ESTABLISH TERMS FOR THE COMMISSIONERS; TO PROVIDE FOR THE HOUSING AUTHORITY'S FUNCTIONS, RIGHTS, POWERS, DUTIES, AND LIABILITIES; AND TO PROVIDE THAT THE SOUTH CAROLINA STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY SHALL REMAIN THE LOCAL HOUSING AGENCY IN KERSHAW COUNTY FOR THE PURPOSE OF ADMINISTERING THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HOUSING CHOICE VOUCHER PROGRAM.
On motion of Rep. FUNDERBURK, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 914 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ENVIRONMENTAL CERTIFICATION BOARD, RELATING TO APPLICATIONS FOR CERTIFICATION; RENEWAL OF LICENSE AND PERMIT, CONTINUING EDUCATION; AND OPERATOR-IN-TRAINING LICENSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4162, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry
S. 920 (Word version) -- Senator McGill: A BILL RELATING TO THE FLORENCE COUNTY SCHOOL DISTRICT NUMBER THREE BOARD OF TRUSTEES, SO AS TO PROVIDE THAT MEMBERS OF THE BOARD MUST BE ELECTED ON THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER EACH YEAR; TO PROVIDE THAT THE TERMS OF THE MEMBERS MUST BE THREE YEARS AND SHALL COMMENCE ON THE FIRST DAY OF JANUARY FOLLOWING THE ELECTION; TO PROVIDE FOR A CHANGE IN THE EXPIRATION OF TERMS OF MEMBERS WHOSE TERMS EXPIRE IN 2012 AND 2013; TO PROVIDE FOR THE CONDUCT OF THE ELECTIONS AND THE SETTING OF FILING DATES; TO MODIFY THE PROCEDURE FOR THE APPROVAL OF THE DISTRICT BUDGET AND PROVIDE FOR GREATER PUBLIC PARTICIPATION; AND TO REPEAL ACT 367 OF 2004.
On motion of Rep. BRANHAM, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Alexander Allen Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brannon Brantley G. A. Brown H. B. Brown R. L. Brown Butler Garrick Chumley Clemmons Clyburn Cobb-Hunter Cole Cooper Corbin Crawford Crosby Daning Delleney Dillard Erickson Forrester Frye Funderburk Gambrell Gilliard Hardwick Harrell Harrison Hayes Hearn Henderson Herbkersman Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson King Limehouse Loftis Long Lucas Mack McCoy McEachern McLeod Merrill D. C. Moss V. S. Moss Murphy Nanney J. M. Neal Neilson Norman Ott Owens Parker Parks Patrick Pinson Pitts Pope Quinn Ryan Sabb Sandifer Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Tribble Vick Viers Weeks Whipper White Whitmire Williams Willis Young
I came in after the roll call and was present for the Session on Wednesday, June 1.
Todd Rutherford Bakari Sellers Elizabeth Munnerlyn Jenny A. Horne Phillip Lowe Jerry Govan Chris Hart Harold Mitchell Patsy Knight
Reps. AGNEW, CROSBY, VICK, VIERS, JEFFERSON, ANDERSON, LONG, ERICKSON, MURPHY, PATRICK, MACK, RUTHERFORD, HERBKERSMAN, HORNE, QUINN and KNIGHT signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, May 31.
Announcement was made that Dr. H. Timberlake Pearce of Beaufort was the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. 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. 4095 (Word version)
Date: ADD:
06/01/11 LOFTIS and CORBIN
Bill Number: H. 4246 (Word version)
Date: REMOVE:
06/01/11 HENDERSON
Bill Number: H. 4276 (Word version)
Date: REMOVE:
06/01/11 HENDERSON
The Senate Amendments to the following Bill were taken up for consideration:
S. 36 (Word version) -- Senators McConnell, McGill, Setzler and Ford: A BILL TO ENACT PROVISIONS OF LAW PERTAINING TO THE PAYMENT, COLLECTION, AND ADMINISTRATION OF THE SALES AND USE TAX, BY AMENDING ACT 99 OF 2007, RELATING TO THE SALES TAX EXEMPTION FOR DURABLE MEDICAL EQUIPMENT AND SUPPLIES, TO PHASE OUT THE SALES AND USE TAX IMPOSED ON DURABLE MEDICAL EQUIPMENT AND RELATED SUPPLIES, AND TO DELETE PROVISIONS RELATING TO FURTHER REDUCTIONS IN THE SALES AND USE TAX ON DURABLE MEDICAL EQUIPMENT AND RELATED SUPPLIES BASED ON GENERAL FUND REVENUE GROWTH; TO AMEND SECTIONS 12-36-90, 12-36-910, 12-36-1310, AND 12-36-2120, ALL AS AMENDED, RELATING TO SALES AND USE TAXES, TO FURTHER PROVIDE FOR THOSE INSTANCES WHERE SALES AND USE TAX APPLIES IN CONNECTION WITH WARRANTIES AND SERVICE MAINTENANCE CONTRACTS SOLD IN CONNECTION WITH THE SALE OF TANGIBLE PERSONAL PROPERTY; AND BY AMENDING ARTICLE 25, CHAPTER 36, TITLE 12, RELATING TO GENERAL PROVISIONS CONCERNING THE PAYMENT, COLLECTION, AND ADMINISTRATION OF THE SALES AND USE TAX BY ADDING SECTIONS 12-36-2691 AND 12-36-2692 TO PROVIDE THE APPLICABLE REQUIREMENTS AND DURATION FOR WHICH OWNING OR UTILIZING A DISTRIBUTION FACILITY WITHIN SOUTH CAROLINA IS NOT CONSIDERED IN DETERMINING WHETHER THE PERSON HAS A PHYSICAL PRESENCE IN SOUTH CAROLINA SUFFICIENT TO ESTABLISH A NEXUS WITH SOUTH CAROLINA FOR SALES AND USE TAX PURPOSES, AND TO PROVIDE NOTIFICATION AND PAYMENT PROCEDURES AND REQUIREMENTS IN REGARD TO USE TAXES DUE THE STATE OF SOUTH CAROLINA.
Rep. BINGHAM explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Anthony Atwater Bales Ballentine Bannister Battle Bingham Bowen Bowers Brady Branham Brannon G. A. Brown H. B. Brown R. L. Brown Butler Garrick Clemmons Clyburn Cobb-Hunter Cole Cooper Crosby Daning Delleney Dillard Forrester Frye Funderburk Gambrell Gilliard Hardwick Harrell Harrison Hayes Hearn Henderson Herbkersman Hixon Hodges Hosey Howard Huggins Jefferson Johnson King Limehouse Loftis Long Lucas Mack McCoy McEachern McLeod Mitchell D. C. Moss V. S. Moss Murphy J. M. Neal Neilson Owens Parker Parks Patrick Pinson Pitts Pope Quinn Rutherford Sabb Sellers Skelton J. E. Smith J. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Whipper Whitmire Williams Willis Young
Those who voted in the negative are:
Agnew Anderson Bedingfield Corbin Erickson Hiott Nanney Norman Ryan Sandifer Simrill G. R. Smith Tribble Viers
The Senate Amendments were agreed to, and the Bill 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.
I was temporarily out of the Chamber on constituent business during the vote on S. 36. If I had been present, I would have voted in favor of concurrence in the Senate Amendments. Job creation is a top priority for our State and I fully support Amazon's commitment to South Carolina.
Rep. Brian White
I was temporarily out of the Chamber on constituent business during the vote on S. 36. If I had been present, I would have voted to accept and concur in the Senate Amendments to the Bill.
Rep. Harry Ott
I arrived after the vote on S. 36. If I had been present, I would have voted in favor of concurrence in the Senate Amendments.
Rep. Jerry N. Govan
I was temporarily out of the Chamber on constituent business during the vote on S. 36. If I had been present, I would have voted to concur in the Senate Amendments.
Rep. Jenny Horne
I recused myself from voting on S. 36, due to my involvement in the Durable Medical Equipment industry.
Rep. Murrell Smith
Rep. BINGHAM moved to reconsider the vote whereby the House concurred in the Senate Amendments to the following Bill and ordered the Bill enrolled for ratification:
S. 36 (Word version) -- Senators McConnell, McGill, Setzler and Ford: A BILL TO ENACT PROVISIONS OF LAW PERTAINING TO THE PAYMENT, COLLECTION, AND ADMINISTRATION OF THE SALES AND USE TAX, BY AMENDING ACT 99 OF 2007, RELATING TO THE SALES TAX EXEMPTION FOR DURABLE MEDICAL EQUIPMENT AND SUPPLIES, TO PHASE OUT THE SALES AND USE TAX IMPOSED ON DURABLE MEDICAL EQUIPMENT AND RELATED SUPPLIES, AND TO DELETE PROVISIONS RELATING TO FURTHER REDUCTIONS IN THE SALES AND USE TAX ON DURABLE MEDICAL EQUIPMENT AND RELATED SUPPLIES BASED ON GENERAL FUND REVENUE GROWTH; TO AMEND SECTIONS 12-36-90, 12-36-910, 12-36-1310, AND 12-36-2120, ALL AS AMENDED, RELATING TO SALES AND USE TAXES, TO FURTHER PROVIDE FOR THOSE INSTANCES WHERE SALES AND USE TAX APPLIES IN CONNECTION WITH WARRANTIES AND SERVICE MAINTENANCE CONTRACTS SOLD IN CONNECTION WITH THE SALE OF TANGIBLE PERSONAL PROPERTY; AND BY AMENDING ARTICLE 25, CHAPTER 36, TITLE 12, RELATING TO GENERAL PROVISIONS CONCERNING THE PAYMENT, COLLECTION, AND ADMINISTRATION OF THE SALES AND USE TAX BY ADDING SECTIONS 12-36-2691 AND 12-36-2692 TO PROVIDE THE APPLICABLE REQUIREMENTS AND DURATION FOR WHICH OWNING OR UTILIZING A DISTRIBUTION FACILITY WITHIN SOUTH CAROLINA IS NOT CONSIDERED IN DETERMINING WHETHER THE PERSON HAS A PHYSICAL PRESENCE IN SOUTH CAROLINA SUFFICIENT TO ESTABLISH A NEXUS WITH SOUTH CAROLINA FOR SALES AND USE TAX PURPOSES, AND TO PROVIDE NOTIFICATION AND PAYMENT PROCEDURES AND REQUIREMENTS IN REGARD TO USE TAXES DUE THE STATE OF SOUTH CAROLINA.
Rep. BINGHAM moved to table the motion to reconsider, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3748 (Word version) -- Reps. Owens, Bowen, Erickson, Daning, Whitmire, Spires, McCoy, Loftis, Gambrell, Lucas, Skelton, Bingham, Thayer, Hardwick, Harrell, Crosby, Battle, Sottile, Patrick, Clemmons, Cole, Forrester, Hamilton, Henderson, Hixon, Huggins, Murphy, J. M. Neal, Pinson, Pope, G. R. Smith, Stringer, Tallon, White, Willis and Taylor: A BILL TO AMEND SECTION 59-59-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPLEMENTATION OF THE EDUCATION AND ECONOMIC DEVELOPMENT ACT, SO AS TO EXTEND THE DATE BY WHICH THE ACT MUST BE IMPLEMENTED FULLY.
Rep. OWENS explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowers Brady Branham Brannon Brantley G. A. Brown H. B. Brown R. L. Brown Butler Garrick Chumley Clemmons Clyburn Cobb-Hunter Cooper Corbin Crawford Dillard Erickson Forrester Frye Funderburk Gambrell Gilliard Hardwick Harrell Harrison Hayes Hearn Henderson Herbkersman Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson King Limehouse Loftis Long Lucas Mack McCoy McEachern McLeod Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Nanney J. M. Neal Neilson Ott Owens Parker Parks Patrick Pinson Pope Quinn Ryan Sabb Sellers Simrill Skelton G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Tribble Viers Weeks White Whitmire Williams Willis Young
Those who voted in the negative are:
Norman
The Senate Amendments were agreed to, and the Bill 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.
The Senate Amendments to the following Bill were taken up for consideration:
S. 588 (Word version) -- Senators Jackson, Hayes, O'Dell, Rose, Ford and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "STROKE PREVENTION ACT OF 2011" BY ADDING ARTICLE 6 TO CHAPTER 61, TITLE 44 SO AS TO ESTABLISH A STATEWIDE SYSTEM OF STROKE CARE, WHICH REQUIRES THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO RECOGNIZE AND DESIGNATE HOSPITALS THAT ARE CERTIFIED TO BE PRIMARY STROKE CENTERS AND ACUTE STROKE CAPABLE CENTERS, TO DISTRIBUTE A LIST OF PRIMARY STROKE CENTERS AND ACUTE STROKE CAPABLE CENTERS TO EACH EMERGENCY MEDICAL SERVICES PROVIDER AND TO POST THIS LIST ON ITS WEBSITE, TO ADOPT AND DISTRIBUTE A NATIONALLY STANDARDIZED STROKE-TRIAGE ASSESSMENT TOOL TO EACH EMERGENCY MEDICAL SERVICES PROVIDER, TO ESTABLISH PRE-HOSPITAL CARE PROTOCOLS FOR THE CARE AND TRANSPORT OF STROKE PATIENTS BY EMERGENCY MEDICAL SERVICE PROVIDERS, TO ESTABLISH A STROKE REGISTRY TASK FORCE TO ANALYZE AND IMPROVE STROKE CARE IN THIS STATE, AND TO ENSURE CONFIDENTIALITY IN SHARING HEALTH CARE INFORMATION; AND TO PROVIDE THAT THE DEPARTMENT'S RESPONSIBILITIES PURSUANT TO THIS ARTICLE ARE CONTINGENT UPON ADEQUATE FUNDING.
Rep. HOWARD explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Allison Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brantley G. A. Brown H. B. Brown R. L. Brown Butler Garrick Chumley Clemmons Clyburn Cobb-Hunter Cole Corbin Dillard Erickson Forrester Frye Funderburk Gambrell Gilliard Hardwick Harrell Hayes Hearn Henderson Herbkersman Hixon Hodges Horne Hosey Huggins Jefferson Johnson King Limehouse Loftis Long Lucas Mack McCoy McEachern McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Nanney J. H. Neal J. M. Neal Neilson Norman Ott Owens Parker Parks Patrick Pinson Pitts Pope Quinn Ryan Sabb Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Stringer Taylor Thayer Toole Tribble Viers Weeks Whipper Whitmire Williams Willis Young
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill 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.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4119 (Word version) -- Rep. G. A. Brown: A BILL TO AMEND SECTION 39-5-38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DECEPTIVE OR MISLEADING ADVERTISEMENT OF A LIVE MUSICAL PERFORMANCE, SO AS TO DEFINE A SOUND RECORDING, AND TO PROVIDE CERTAIN EXEMPTIONS, REMEDIES, AND A FINE.
Rep. SANDIFER explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Battle Bingham Bowen Bowers Brady Brannon Brantley G. A. Brown H. B. Brown R. L. Brown Butler Garrick Chumley Clemmons Clyburn Cobb-Hunter Cooper Corbin Delleney Dillard Erickson Forrester Frye Funderburk Gambrell Gilliard Hardwick Harrell Hayes Hearn Henderson Herbkersman Hixon Hodges Horne Huggins Jefferson Johnson King Limehouse Loftis Long Lucas Mack McCoy McEachern McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Nanney J. H. Neal Neilson Ott Owens Parker Parks Patrick Pinson Pitts Pope Quinn Rutherford Ryan Sabb Sandifer Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Stavrinakis Stringer Tallon Taylor Thayer Toole Tribble Viers Weeks Whipper White Whitmire Williams Willis Young
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill 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.
The following Bill was taken up:
H. 4095 (Word version) -- Reps. Pitts, Lucas, Loftis and Corbin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-15-45 SO AS TO PROVIDE THAT IF JOINT CUSTODY OF A CHILD IS AWARDED TO THE PARENTS, THERE IS A REBUTTABLE PRESUMPTION THAT BOTH PARENTS HAVE JOINT PHYSICAL CUSTODY OF THE CHILD; TO PROVIDE THAT THE PRESUMPTION MAY BE OVERCOME BY PRESENTING CLEAR AND CONVINCING EVIDENCE THAT JOINT PHYSICAL CUSTODY IS NOT IN THE BEST INTEREST OF THE CHILD; TO REQUIRE THE PARENTS TO SUBMIT A PARENTING PLAN TO THE COURT REFLECTING PARENTAL PREFERENCES AND AGREEMENT ON MATTERS OF SUBSTANCE; AND TO PROVIDE THAT PARENTS SHARE DECISION-MAKING AUTHORITY AND RESPONSIBILITY FOR IMPORTANT DECISIONS AFFECTING THE CHILD'S WELFARE AND THAT WHEN AGREEMENT CANNOT BE REACHED THE PARENTS SHALL SUBMIT TO MEDIATION WITH A PRESELECTED MEDIATOR.
Rep. CRAWFORD moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
S. 435 (Word version) -- Senators Elliott, Bryant, Campbell, Ford and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-180 SO AS TO REQUIRE LOCAL GOVERNMENTAL ENTITIES, AGENCIES, ORGANIZATIONS, OR INDIVIDUALS THAT RECEIVE, COLLECT, OR SPEND PUBLIC FUNDS DERIVED FROM STATE OR LOCAL TAX REVENUE TO FILE PERIODIC EXPENDITURE REPORTS WITH THE STATE OR LOCAL GOVERNMENTAL ENTITY OR AGENCY THAT PROVIDED, COLLECTED, OR SPENT THE PUBLIC FUNDS.
Reps. COBB-HUNTER and DANING proposed the following Amendment No. 1 (COUNCIL\AGM\19169BH11), which was adopted:
Amend the bill, as and if amended, Section 1-1-1050(A), as contained in SECTION 1, page 1, by deleting / quarterly / on line 31 and inserting / annual /
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.
Rep. SKELTON spoke against the Bill.
Reps. WHITE, KING, MERRILL, HERBKERSMAN, PATRICK, BRANTLEY, ERICKSON, CRAWFORD, OTT, J. H. NEAL, WILLIAMS, R. L. BROWN, ANDERSON, CLYBURN, HOSEY, BRANHAM, WHIPPER, MACK and WEEKS requested debate on the Bill.
The SPEAKER granted Rep. ANTHONY a leave of absence for the remainder of the day.
The following Bill was taken up:
H. 4295 (Word version) -- Reps. Bowers and Brantley: A BILL TO AMEND SECTION 7-7-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HAMPTON COUNTY, SO AS TO DELETE POLLING PLACE LOCATIONS IN THE VOTING PRECINCTS OF HAMPTON COUNTY, TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO AUTHORIZE THE HAMPTON COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION, WITH THE APPROVAL OF A MAJORITY OF THE HAMPTON COUNTY LEGISLATIVE DELEGATION, TO DETERMINE THE POLLING PLACES FOR THE PRECINCTS IN HAMPTON COUNTY.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bowers Brantley
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
Rep. PITTS moved to reconsider the vote whereby the House adjourned debate on the following Bill, which was agreed to:
H. 4095 (Word version) -- Reps. Pitts, Lucas, Loftis and Corbin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-15-45 SO AS TO PROVIDE THAT IF JOINT CUSTODY OF A CHILD IS AWARDED TO THE PARENTS, THERE IS A REBUTTABLE PRESUMPTION THAT BOTH PARENTS HAVE JOINT PHYSICAL CUSTODY OF THE CHILD; TO PROVIDE THAT THE PRESUMPTION MAY BE OVERCOME BY PRESENTING CLEAR AND CONVINCING EVIDENCE THAT JOINT PHYSICAL CUSTODY IS NOT IN THE BEST INTEREST OF THE CHILD; TO REQUIRE THE PARENTS TO SUBMIT A PARENTING PLAN TO THE COURT REFLECTING PARENTAL PREFERENCES AND AGREEMENT ON MATTERS OF SUBSTANCE; AND TO PROVIDE THAT PARENTS SHARE DECISION-MAKING AUTHORITY AND RESPONSIBILITY FOR IMPORTANT DECISIONS AFFECTING THE CHILD'S WELFARE AND THAT WHEN AGREEMENT CANNOT BE REACHED THE PARENTS SHALL SUBMIT TO MEDIATION WITH A PRESELECTED MEDIATOR.
Rep. PITTS explained the Bill.
Reps. BRANNON, COOPER, J. H. NEAL, MERRILL, PATRICK, BRANTLEY, BRADY, MUNNERLYN, SABB, KING, WILLIAMS, PITTS, R. L. BROWN, ANDERSON, HOSEY, WHIPPER, COBB-HUNTER, WHITE, THAYER, MURPHY, MACK, GILLIARD, TAYLOR, J. R. SMITH, POPE, WEEKS, HORNE and HENDERSON requested debate on the Bill.
The following Bill was taken up:
H. 3863 (Word version) -- Reps. Barfield, Brantley, Brannon, Pinson, Crawford, Patrick, Knight, Parker, J. R. Smith, G. A. Brown, Gilliard, G. R. Smith, Bowers, Corbin, Hamilton, Hodges, Long, D. C. Moss, G. M. Smith and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 TO CHAPTER 53, TITLE 44 TO ENACT THE "UTILIZATION OF UNUSED PRESCRIPTION DRUGS ACT" SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN CONSULTATION WITH THE BOARD OF PHARMACY, SHALL DEVELOP A VOLUNTARY PROGRAM WHEREBY HEALTH CARE FACILITIES CAN DONATE UNUSED PRESCRIPTION DRUGS OF PATIENTS WHO NO LONGER NEED THEM AND WHO HAVE VOLUNTARILY AGREED TO DONATE THEIR PRESCRIPTION DRUGS TO CHARITABLE CLINICS PROVIDING SERVICES TO MEDICALLY INDIGENT PERSONS; TO PROVIDE THAT CERTAIN PROGRAM PROCEDURES AND REQUIREMENTS MUST BE PROMULGATED IN REGULATION BY THE DEPARTMENT AND BY THE BOARD OF PHARMACY, INDIVIDUALLY, TO CARRY OUT THE PROVISIONS OF THIS ARTICLE; AND TO CREATE AN ADVISORY COUNCIL TO OVERSEE AND ADVISE THE DEPARTMENT IN ESTABLISHING THIS PROGRAM AND IN CARRYING OUT THE RESPONSIBILITIES UNDER THIS ARTICLE.
Rep. SPIRES moved to recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs.
Rep. BARFIELD moved to table the motion, which was not agreed to.
The question then recurred to the motion to recommit the Bill to the Medical, Military and Municipal Affairs Committee, which was not agreed to.
Rep. BARFIELD explained the Bill.
Rep. SPIRES spoke against the Bill.
Further proceedings were interrupted by time expiring on the uncontested calendar, the pending question being consideration of the Bill.
On motion of Rep. STAVRINAKIS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 258 (Word version) -- Senators Sheheen, Campsen, Davis, Rose, Ryberg, McConnell, Massey, Rankin, Setzler, Knotts and Alexander: A BILL TO AMEND SECTION 1-3-240 OF THE 1976 CODE, RELATING TO REMOVAL OF OFFICERS BY THE GOVERNOR, TO PROVIDE THAT THE STATE INSPECTOR GENERAL MAY BE REMOVED BY THE GOVERNOR FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY; AND TO AMEND TITLE 1 BY ADDING CHAPTER 6 TO CREATE THE OFFICE OF THE STATE INSPECTOR GENERAL, TO PROVIDE THAT THE STATE INSPECTOR GENERAL IS APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, TO AUTHORIZE THE STATE INSPECTOR GENERAL TO ADDRESS FRAUD, WASTE, ABUSE, AND WRONGDOING WITHIN THE SOUTH CAROLINA EXECUTIVE GOVERNMENT AGENCIES, AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE OFFICE.
Rep. COBB-HUNTER asked unanimous consent to recall H. 3738 (Word version) from the Committee on Ways and Means.
Rep. CRAWFORD objected.
The Senate Amendments to the following Bill were taken up for consideration:
S. 785 (Word version) -- Senator Land: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT FOUR TO ISSUE GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT WITHIN ITS CONSTITUTIONAL DEBT LIMIT, IN ONE OR MORE SERIES, IN A TOTAL AMOUNT NOT TO EXCEED TWO MILLION FIVE HUNDRED THOUSAND DOLLARS, TO DEFRAY THE LOSS OF EDUCATION FINANCE ACT FUNDS TO THE SCHOOL DISTRICT, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
Rep. CRAWFORD moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3700 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2011, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THIS OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Rep. COOPER moved to adjourn debate upon the Senate Amendments until Thursday, June 2, which was agreed to.
The following Bill was taken up:
S. 336 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 56-7-30 OF THE 1976 CODE, RELATING TO GENERATING UNIFORM TRAFFIC CITATIONS WITH AN ELECTRONIC DEVICE, TO REQUIRE THAT A COPY OF THE CITATION IS HANDED DIRECTLY TO THE OFFENDER BY THE LAW ENFORCEMENT OFFICER ISSUING THE TICKET; TO AMEND CHAPTER 7, TITLE 56, RELATING TO MOTOR VEHICLE TRAFFIC TICKETS, BY ADDING SECTION 56-7-35 TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MUST STOP AN OWNER OR OPERATOR OF A VEHICLE TO ISSUE A TRAFFIC TICKET, TO PROVIDE THAT THE TRAFFIC TICKET MUST BE HANDED DIRECTLY TO THE OWNER OR OPERATOR OF THE VEHICLE, TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY NOT MAIL OR OTHERWISE SEND A TRAFFIC TICKET TO AN OFFENDER, TO PROVIDE THAT A TRAFFIC TICKET CANNOT BE ISSUED BASED IN WHOLE OR IN PART UPON PHOTOGRAPHIC EVIDENCE REGARDLESS OF WHETHER THE CAMERA OR OTHER DEVICE CAPTURING THE IMAGE WAS ATTENDED OR UNATTENDED, AND TO PROVIDE THAT THE PROVISIONS OF THE SECTION DO NOT APPLY TO TOLL COLLECTION; TO AMEND SECTION 56-5-710, RELATING TO THE POWER OF LOCAL AUTHORITIES CONCERNING TRAFFIC LAWS, TO PROVIDE THAT A TRAFFIC TICKET CANNOT BE ISSUED BASED IN WHOLE OR IN PART UPON PHOTOGRAPHIC EVIDENCE REGARDLESS OF WHETHER THE CAMERA OR OTHER DEVICE CAPTURING THE IMAGE WAS ATTENDED OR UNATTENDED; TO AMEND SECTION 56-5-70, AS AMENDED, RELATING TO CERTAIN VEHICLE REQUIREMENTS BEING SUSPENDED DURING A STATE OF EMERGENCY, TO CLARIFY THAT UNIFORM TRAFFIC CITATIONS MAY NOT BE ISSUED IN WHOLE OR IN PART ON PHOTOGRAPHIC EVIDENCE REGARDLESS OF WHETHER THE CAMERA OR OTHER ELECTRONIC DEVICE CAPTURING THE PHOTOGRAPHIC EVIDENCE WAS ATTENDED OR UNATTENDED AT THE TIME IT CAPTURED THE PHOTOGRAPHIC EVIDENCE; AND TO DISGORGE ANY FINES COLLECTED IN VIOLATION OF SECTION 56-5-70.
Rep. CRAWFORD asked unanimous consent to amend the Bill on third reading, which was agreed to.
Rep. CRAWFORD proposed the following Amendment No. 6 (COUNCIL\SWB\6255CM11), which was adopted:
Amend the bill, as and if amended, Section 56-7-35(D), as contained in SECTION 1, page 3, by deleting lines 29 through 35.
Renumber sections to conform.
Amend title to conform.
Rep. CRAWFORD explained the amendment.
The amendment was then adopted.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Atwater Bannister Barfield Battle Bedingfield Bowen Bowers Branham Brantley G. A. Brown H. B. Brown R. L. Brown Chumley Clemmons Clyburn Cobb-Hunter Cole Corbin Crawford Delleney Dillard Erickson Forrester Frye Funderburk Gambrell Harrell Hayes Hearn Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Huggins Jefferson Johnson King Limehouse Long Lucas Mack McCoy McEachern McLeod Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Nanney J. M. Neal Neilson Norman Owens Parks Patrick Pinson Pitts Pope Quinn Ryan Sabb Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Tribble Vick Weeks Whipper White Whitmire Williams Willis Young
Those who voted in the negative are:
The Bill was read the third time and ordered returned to the Senate with amendments.
The following Concurrent Resolution was taken up:
S. 919 (Word version) -- Senators Scott, Lourie, Courson and Jackson: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF INTERSTATE HIGHWAY 20 AND SOUTH CAROLINA HIGHWAY 555 IN RICHLAND COUNTY "ADELL T. ADAMS INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "ADELL T. ADAMS INTERCHANGE".
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. TAYLOR.
Rep. HERBKERSMAN moved to adjourn debate upon the following Bill until Wednesday, January 18, which was adopted:
H. 3788 (Word version) -- Rep. Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 70 TO TITLE 12 SO AS TO ENACT THE "HERITAGE GOLF PRESERVATION ACT".
The following Bill was taken up:
H. 3789 (Word version) -- Reps. McLeod, Brantley, Chumley, J. H. Neal, Jefferson, Neilson, Alexander, Gilliard, Bales, R. L. Brown, Clyburn, Cobb-Hunter, Dillard, Hixon, Hodges, Hosey, Mack, Weeks and Whipper: A BILL TO AMEND SECTION 17-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF A LAW ENFORCEMENT OFFICER IN PURSUIT OF AN OFFENDER, SO AS TO INCREASE THE LIMIT WHERE THE TOWN OR CITY'S JURISDICTION CEASES FROM THREE MILES TO FIVE MILES OF THE CORPORATE LIMITS.
Rep. SPIRES proposed the following Amendment No. 1 (COUNCIL\MS\3789), which was adopted:
Amend the bill, as and if amended, by deleting Section 17-13-40(A), as contained in SECTION 1, page 1, lines 24-30, and inserting:
/ "(A) When the police authorities of a town or city are in pursuit of an offender for a violation of a municipal ordinance or statute of this State committed within the corporate limits, the authorities may arrest the offender, with or without a warrant, at a place within the corporate limits, at a place within the county in which the town or city is located, or at a place within a radius of three five miles of the corporate limits. However, the expanded jurisdiction regarding the arrest at a place within a radius of five miles of the corporate limits do not apply if the violation is solely based on exceeding posted speed limits." /
Renumber sections to conform.
Amend title to conform.
Rep. SPIRES explained the amendment.
The amendment was then adopted.
Rep. CRAWFORD moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
H. 3385 (Word version) -- Reps. D. C. Moss, V. S. Moss, Harrison, Delleney, Gambrell, Harrell, Hiott, Hixon, Lucas and Norman: A BILL TO AMEND SECTION 61-6-4160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF ALCOHOLIC LIQUORS ON SUNDAYS AND ELECTION DAYS, SO AS TO INCLUDE CHRISTMAS DAY AND THANKSGIVING DAY IN THE PURVIEW OF THE STATUTE.
Reps. G. R. SMITH, YOUNG, DELLENEY and CLEMMONS proposed the following Amendment No. 2 (COUNCIL\NBD\11736DG11), which was adopted:
Amend the bill, as and if amended, SECTION 1, page [3385-1], by striking line 33 and inserting:
/ liquor stores to sell liquors on Christmas Day and Thanksgiving Day. Full/
Renumber sections to conform.
Amend title to conform.
Rep. G. R. SMITH explained the amendment.
Rep. G. R. SMITH spoke in favor of the amendment.
Rep. WEEKS spoke against the amendment.
Rep. WEEKS spoke against the amendment.
Rep. WEEKS moved to table the amendment.
Rep. G. R. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Anderson Battle Bowers Brady G. A. Brown H. B. Brown R. L. Brown Clyburn Cobb-Hunter Cole Erickson Gilliard Govan Herbkersman Hosey Howard Jefferson Johnson King Limehouse Mack McCoy McEachern Merrill Mitchell Munnerlyn Murphy J. H. Neal Parker Parks Patrick Pitts Sabb Sandifer Sellers Skelton G. M. Smith J. E. Smith Sottile Stavrinakis Tribble Weeks Williams
Those who voted in the negative are:
Allen Allison Atwater Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Branham Brannon Butler Garrick Chumley Clemmons Corbin Crawford Daning Delleney Dillard Forrester Frye Funderburk Gambrell Harrison Hayes Hearn Hiott Hixon Horne Huggins Loftis Long Lowe Lucas McLeod D. C. Moss V. S. Moss Nanney J. M. Neal Neilson Norman Owens Pinson Pope Quinn Ryan Simrill G. R. Smith J. R. Smith Spires Stringer Tallon Taylor Thayer Vick Viers White Willis Young
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. WEEKS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Atwater Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Brady Brannon Butler Garrick Chumley Clemmons Corbin Crosby Delleney Forrester Frye Funderburk Gambrell Hardwick Harrison Hearn Hiott Hixon Huggins Loftis Long Lowe Lucas McLeod D. C. Moss V. S. Moss Nanney J. M. Neal Neilson Norman Owens Parker Pinson Pope Quinn Ryan Simrill G. R. Smith J. R. Smith Stringer Tallon Taylor Toole Vick Viers White Willis Young
Those who voted in the negative are:
Agnew Alexander Allen Anderson Battle Bowers Branham G. A. Brown H. B. Brown R. L. Brown Clyburn Cobb-Hunter Cole Crawford Dillard Erickson Gilliard Govan Hayes Herbkersman Hosey Howard Jefferson Johnson King Limehouse Mack McCoy McEachern Merrill Mitchell Munnerlyn Murphy Parks Patrick Pitts Sabb Sandifer Sellers Skelton G. M. Smith J. E. Smith Sottile Stavrinakis Thayer Tribble Weeks Whipper Williams
So, the amendment was adopted.
Rep. MERRILL proposed the following Amendment No. 3 (COUNCIL\MS\7450AHB11), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Chapter 4, Title 61 of the 1976 Code is amended by adding:
"Section 61-4-630. Notwithstanding any other provision of law, an establishment possessing a beer and wine permit that is located in a county or municipality that has conducted a favorable referendum allowing the sale and consumption of alcoholic liquors by the drink on Sunday under the provisions of Section 61-6-2010, during those same hours authorized by permits issued under Section 61-6-2010, may sell, possess, and permit the consumption of beer and wine on the premises." /
Renumber sections to conform.
Amend title to conform.
Rep. MERRILL explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Allison Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brannon G. A. Brown H. B. Brown R. L. Brown Butler Garrick Chumley Clemmons Clyburn Cole Corbin Crawford Crosby Delleney Erickson Forrester Frye Funderburk Gambrell Hardwick Harrell Hayes Hearn Henderson Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Limehouse Loftis Long Lowe Lucas McCoy McEachern McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Murphy Nanney J. M. Neal Neilson Norman Ott Owens Parker Parks Patrick Pinson Pitts Pope Quinn Ryan Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Stavrinakis Stringer Tallon Taylor Thayer Toole Tribble Vick Viers White Whitmire Willis Young
Those who voted in the negative are:
Alexander Anderson Cobb-Hunter Dillard Gilliard Johnson King Mack Mitchell Rutherford Sabb Sellers Weeks Williams
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on H. 3385. If I had been present, I would have voted in favor of the Bill, as amended.
Rep. Todd Atwater
Rep. G. R. SMITH moved to reconsider the vote whereby the following Bill was read second time:
H. 3385 (Word version) -- Reps. D. C. Moss, V. S. Moss, Harrison, Delleney, Gambrell, Harrell, Hiott, Hixon, Lucas and Norman: A BILL TO AMEND SECTION 61-6-4160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF ALCOHOLIC LIQUORS ON SUNDAYS AND ELECTION DAYS, SO AS TO INCLUDE CHRISTMAS DAY AND THANKSGIVING DAY IN THE PURVIEW OF THE STATUTE.
Rep. G. R. SMITH moved to table the motion to reconsider, which was agreed to.
Rep. CRAWFORD moved to reconsider the vote whereby debate was adjourned on the following Senate Amendments, which was agreed to:
S. 785 (Word version) -- Senator Land: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT FOUR TO ISSUE GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT WITHIN ITS CONSTITUTIONAL DEBT LIMIT, IN ONE OR MORE SERIES, IN A TOTAL AMOUNT NOT TO EXCEED TWO MILLION FIVE HUNDRED THOUSAND DOLLARS, TO DEFRAY THE LOSS OF EDUCATION FINANCE ACT FUNDS TO THE SCHOOL DISTRICT, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
Rep. WILLIAMS moved to adjourn debate on the Senate Amendments until Thursday, June 2.
Rep. CRAWFORD moved to table the motion, which was agreed to by a division vote of 3 to 1.
The question then recurred to concurrence in the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Branham Williams
Those who voted in the negative are:
Crawford Lowe
The Senate Amendments were agreed to, and the Bill 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.
Rep. SABB moved that the House recede until 2:30 p.m., which was agreed to.
At 2:30 p.m. the House resumed, Acting SPEAKER H. B. BROWN in the Chair.
The question of a quorum was raised.
A quorum was later present.
Rep. SKELTON moved to adjourn debate upon the following Bill until Friday, June 3, which was adopted:
S. 435 (Word version) -- Senators Elliott, Bryant, Campbell, Ford and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-180 SO AS TO REQUIRE LOCAL GOVERNMENTAL ENTITIES, AGENCIES, ORGANIZATIONS, OR INDIVIDUALS THAT RECEIVE, COLLECT, OR SPEND PUBLIC FUNDS DERIVED FROM STATE OR LOCAL TAX REVENUE TO FILE PERIODIC EXPENDITURE REPORTS WITH THE STATE OR LOCAL GOVERNMENTAL ENTITY OR AGENCY THAT PROVIDED, COLLECTED, OR SPENT THE PUBLIC FUNDS.
The following Bill was taken up:
H. 4095 (Word version) -- Reps. Pitts, Lucas, Loftis and Corbin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-15-45 SO AS TO PROVIDE THAT IF JOINT CUSTODY OF A CHILD IS AWARDED TO THE PARENTS, THERE IS A REBUTTABLE PRESUMPTION THAT BOTH PARENTS HAVE JOINT PHYSICAL CUSTODY OF THE CHILD; TO PROVIDE THAT THE PRESUMPTION MAY BE OVERCOME BY PRESENTING CLEAR AND CONVINCING EVIDENCE THAT JOINT PHYSICAL CUSTODY IS NOT IN THE BEST INTEREST OF THE CHILD; TO REQUIRE THE PARENTS TO SUBMIT A PARENTING PLAN TO THE COURT REFLECTING PARENTAL PREFERENCES AND AGREEMENT ON MATTERS OF SUBSTANCE; AND TO PROVIDE THAT PARENTS SHARE DECISION-MAKING AUTHORITY AND RESPONSIBILITY FOR IMPORTANT DECISIONS AFFECTING THE CHILD'S WELFARE AND THAT WHEN AGREEMENT CANNOT BE REACHED THE PARENTS SHALL SUBMIT TO MEDIATION WITH A PRESELECTED MEDIATOR.
Rep. SKELTON moved to recommit the Bill to the Committee on Judiciary.
Rep. LOFTIS moved to table the motion.
Rep. PITTS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bannister Bedingfield Brannon Cooper Corbin Crawford Delleney Frye Hixon Loftis Lowe Lucas D. C. Moss Patrick Pinson Pitts Pope Simrill G. M. Smith G. R. Smith J. R. Smith Taylor Toole Tribble White Young
Those who voted in the negative are:
Agnew Alexander Allen Atwater Bales Ballentine Battle Bingham Bowen Brady Branham Brantley G. A. Brown H. B. Brown R. L. Brown Butler Garrick Chumley Cole Crosby Daning Dillard Erickson Forrester Funderburk Gambrell Gilliard Govan Hayes Hearn Henderson Herbkersman Hiott Hodges Horne Hosey Howard Huggins Jefferson Johnson King Knight McCoy McEachern McLeod Mitchell V. S. Moss Munnerlyn Murphy Nanney J. M. Neal Neilson Owens Parker Quinn Rutherford Ryan Sabb Sandifer Sellers Skelton J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Thayer Viers Weeks Whitmire Williams Willis
So, the House refused to table the motion.
The question then recurred to the motion to recommit the Bill to the Judiciary Committee, which was agreed to by a division vote of 59 to 30.
Rep. HODGES moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., May 26, 2011
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.
Local Reappointment
Aiken County Master-in-Equity
Term Commencing: June 30, 2007
Term Expiring: June 30, 2013
Seat: Master-in-Equity
Reappointment
Mr. Maurice Anderson Griffith
Post Office Drawer 2009
Aiken, South Carolina 29802
My very best,
Nikki R. Haley
Governor
Received as information.
The following was received:
Columbia, S.C., June 1, 2011
Mr. Speaker and Members of the House of Representatives:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Local Reappointment
Aiken County Master-in-Equity
Term Commencing: June 30, 2007
Term Expiring: June 30, 2013
Seat: Master-in-Equity
Reappointment
Mr. Maurice Anderson Griffith
Post Office Drawer 2009
Aiken, South Carolina 29802
Respectfully,
President of the Senate
Received as information.
The following was received:
Columbia, S.C., June 1, 2011
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at a mutually convenient time for the purpose of ratifying Acts.
Very respectfully,
President
On motion of Rep. SABB the invitation was accepted.
The following was received:
Columbia, S.C., June 1, 2011
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has sustained the Veto by the Governor on R. 47, S. 232 by a vote of 22 to 15:
(R47) S. 232 (Word version) -- Senators Cleary and Ford: AN ACT TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF THE STATE CERTIFICATION OF NEED AND HEALTH CARE FACILITY ACT, SO AS TO REVISE THE DEFINITION OF HEALTH CARE FACILITY.
Very respectfully,
President
Received as information.
The following was introduced:
H. 4319 (Word version) -- Reps. Ballentine, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE MARION WILLIAM "RION" TAPP OF RICHLAND COUNTY, ON BEING SELECTED TO RECEIVE THE 2011 JOHN DEWEY WINBURN, JR., SCHOLARSHIP, AND TO WISH HIM SUCCESS AS HE EMBARKS ON HIS COLLEGE CAREER AT CLEMSON UNIVERSITY.
The Resolution was adopted.
The following was introduced:
H. 4320 (Word version) -- Reps. Ballentine, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE ASHLEY JANE SHAFFER OF RICHLAND COUNTY ON BEING SELECTED TO RECEIVE THE 2011 MARGARET JANE WINBURN CLARKE SCHOLARSHIP, AND TO WISH HER SUCCESS AS SHE EMBARKS ON HER COLLEGE CAREER AT COLUMBIA COLLEGE.
The Resolution was adopted.
The following was introduced:
H. 4321 (Word version) -- Reps. Ballentine, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE HANNAH MARIE KNOWLES OF RICHLAND COUNTY, ON BEING SELECTED TO RECEIVE THE 2011 BERNARD CARROLL BALLENTINE SCHOLARSHIP, AND TO WISH HER SUCCESS AS SHE EMBARKS ON HER COLLEGE CAREER AT THE UNIVERSITY OF SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 4322 (Word version) -- Rep. J. M. Neal: A HOUSE RESOLUTION TO RECOGNIZE THE MANY ACCOMPLISHMENTS OF MR. STEVE C. WILLIAMS, JR., AND TO COMMEND THE DEPARTMENT OF TRANSPORTATION FOR NAMING ITS HEADQUARTERS BUILDING IN LANCASTER COUNTY IN HIS HONOR.
The Resolution was adopted.
The following was introduced:
H. 4323 (Word version) -- Reps. Chumley, Parker, Allison, Anthony, Tallon, Mitchell, Brannon, Cole, Crosby, Forrester, Agnew, Alexander, Allen, Anderson, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Clemmons, Clyburn, Cobb-Hunter, Cooper, Corbin, Crawford, Daning, Delleney, Dillard, Edge, Erickson, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Taylor, Thayer, Toole, Tribble, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR WALTER M. "BUD" MOORE, UPON HIS INDUCTION INTO THE NASCAR HALL OF FAME.
The Resolution was adopted.
The following was introduced:
H. 4324 (Word version) -- Reps. Chumley, Allison, Parker, Forrester, Mitchell, Tallon, Brannon, Cole, Agnew, Alexander, Allen, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Clemmons, Clyburn, Cobb-Hunter, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Taylor, Thayer, Toole, Tribble, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO CONGRATULATE DAVID GENE PEARSON OF SPARTANBURG ON THE OCCASION ON HIS BEING INDUCTED INTO THE NASCAR HALL OF FAME, CLASS OF 2011.
The Resolution was adopted.
The following was introduced:
H. 4325 (Word version) -- Reps. Erickson, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO CELEBRATE THE FIFTY-SIXTH ANNUAL BEAUFORT WATER FESTIVAL, TO BE HELD FRIDAY, JULY 15, 2011, THROUGH SUNDAY, JULY 24, 2011, TO ENCOURAGE ALL SOUTH CAROLINIANS TO ATTEND AND ENJOY THIS FAMILY FRIENDLY EVENT, AND TO WISH ITS ORGANIZERS EVERY SUCCESS.
The Resolution was adopted.
The following was introduced:
H. 4326 (Word version) -- Rep. Gilliard: A HOUSE RESOLUTION TO RECOGNIZE RADIO PERSONALITY SHEILA "SAVANNAH" JOHNSON, AND TO COMMEND HER FOR HER OUTSTANDING BROADCASTING CAREER.
The Resolution was adopted.
The following was introduced:
H. 4327 (Word version) -- Rep. Henderson: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR JOHN ROBERT "ROBBIE" DAVIS, JR., EXECUTIVE DIRECTOR OF THE SIMPSONVILLE PARKS AND RECREATION DEPARTMENT, FOR BEING NAMED THE RECIPIENT OF THE CARING FOR THE CAROLINAS AWARD BY WSPA TELEVISION.
The Resolution was adopted.
The following was introduced:
H. 4328 (Word version) -- Reps. V. S. Moss, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE PLEASANT HILL BAPTIST CHURCH OF BLACKSBURG ON THE OCCASION OF ITS HISTORIC ONE HUNDREDTH ANNIVERSARY, AND TO COMMEND THE CHURCH FOR A CENTURY OF SERVICE TO GOD AND THE COMMUNITY.
The Resolution was adopted.
The following was introduced:
H. 4332 (Word version) -- Reps. R. L. Brown, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR REBECCA D. BEYLOTTE OF CHARLESTON COUNTY, UPON THE OCCASION OF HER RETIREMENT, AND TO COMMEND HER FOR ALMOST TWENTY-EIGHT YEARS OF FAITHFUL AND DEDICATED SERVICE TO FIRST CITIZENS BANK.
The Resolution was adopted.
The following was introduced:
H. 4333 (Word version) -- Rep. Hodges: A HOUSE RESOLUTION TO CONGRATULATE ALVIN BROWN, A NATIVE OF ST. HELENA ISLAND, ON BEING ELECTED THE FIRST AFRICAN-AMERICAN MAYOR OF JACKSONVILLE, FLORIDA, AND TO WISH HIM ALL THE BEST AS HE TAKES UP HIS NEW DUTIES.
The Resolution was adopted.
The following was introduced:
H. 4329 (Word version) -- Rep. Gilliard: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO EXPEDITIOUSLY ENACT LEGISLATION REQUIRING TORNADO SAFETY PLANS AND SHELTERS FOR NEW MANUFACTURED HOME PARKS AND SINGLE-FAMILY HOME SUBDIVISIONS IN TORNADO-PRONE AREAS OF THE COUNTRY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 943 (Word version) -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE SUMTER HIGH SCHOOL BASEBALL TEAM FOR AN OUTSTANDING SEASON, AND TO CONGRATULATE THE TEAM AND COACHES FOR WINNING THE 2011 CLASS AAAA STATE CHAMPIONSHIP TITLE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 949 (Word version) -- Senator Cleary: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PROPOSED HIGHWAY IN HORRY COUNTY THAT WILL BEGIN AT HARRELSON BOULEVARD AND END AT FARROW PARKWAY "FRED NASH MEMORIAL BOULEVARD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS ROAD THAT CONTAIN THE WORDS "FRED NASH MEMORIAL BOULEVARD".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4330 (Word version) -- Reps. White, Brantley, Bedingfield, Anderson, Clyburn, Bowen, Corbin, Spires, Huggins, Erickson, Patrick, Sabb, Allen, Parker, Hearn, Hosey, Johnson, Parks, Jefferson, McEachern, Williams, Alexander, J. R. Smith, Battle, V. S. Moss, Whitmire, Skelton, Gilliard, Limehouse, Murphy, Sottile, Horne, Ryan, Anthony, Atwater, Ballentine, Branham, G. A. Brown, Dillard, Frye, Gambrell, Hayes, Henderson, Hixon, Hodges, King, Long, Pitts, Pope, Stringer and Willis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 67 TO TITLE 2 SO AS TO ESTABLISH THE STATE OF SOUTH CAROLINA MEDAL OF HONOR TO RECOGNIZE SOUTH CAROLINIANS, OR INDIVIDUALS WITH CERTAIN TIES TO SOUTH CAROLINA, WHO WERE KILLED IN ACTION WHILE SERVING IN THE ARMED FORCES OF THE UNITED STATES OF AMERICA; TO PROVIDE FOR THE SOUTH CAROLINA MEDAL OF HONOR ROLL; AND TO ESTABLISH THE SOUTH CAROLINA MEDAL OF HONOR AWARD CRITERIA.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4331 (Word version) -- Reps. Pitts, Brantley, McEachern, Williams, Harrison, Gilliard, Allen, Bedingfield, Clyburn, Horne, G. R. Smith, Brannon, Chumley, Clemmons, Henderson, Herbkersman, Hixon, Hosey, Loftis, V. S. Moss and Willis: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF PROPERTY FOR PURPOSES OF PROPERTY TAX AND THE ASSESSMENT RATIOS APPLICABLE FOR EACH CLASS OF PROPERTY, SO AS TO PROVIDE THAT RESIDENTIAL PROPERTY OWNED BY AN ACTIVE DUTY MEMBER OF THE ARMED FORCES OF THE UNITED STATES ELIGIBLE FOR AND RECEIVING THE SPECIAL FOUR PERCENT ASSESSMENT RATIO ALLOWED OWNER-OCCUPIED RESIDENTIAL PROPERTY RETAINS THAT ASSESSMENT RATIO AND EXEMPTIONS BASED ON THAT CLASSIFICATION FOR SO LONG AS THE OWNER REMAINS ON ACTIVE DUTY IN THE ARMED FORCES OF THE UNITED STATES REGARDLESS OF DUTY STATION AND DOES NOT CLAIM THE SPECIAL FOUR PERCENT ASSESSMENT RATIO ON ANY OTHER RESIDENTIAL PROPERTY OWNED BY THE SERVICE MEMBER OR A MEMBER OF HIS HOUSEHOLD IN THIS STATE AND TO PROVIDE THAT THIS RETAINING OF THE SPECIAL FOUR PERCENT ASSESSMENT RATIO MUST BE CONSTRUED AS A PROPERTY TAX EXEMPTION.
Referred to Committee on Ways and Means
The Senate Amendments to the following Bill were taken up for consideration:
H. 3762 (Word version) -- Reps. Cooper, White, Bowen, Gambrell, Thayer, Sandifer, D. C. Moss, McLeod, Viers and Clemmons: A BILL TO AMEND SECTION 41-31-5 OF THE 1976 CODE, RELATING TO DEFINITIONS CONCERNING THE RATE OF CONTRIBUTIONS TO THE UNEMPLOYMENT TRUST FUND, TO MODIFY THE METHOD OF COMPUTATION; TO AMEND SECTION 41-31-20, RELATING TO EMPLOYER'S ACCOUNTS, TO PROVIDE THAT THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE SHALL MAINTAIN A SEPARATE ACCOUNT FOR EACH EMPLOYER AND SHALL ACCURATELY RECORD THE DATA USED TO DETERMINE AN EMPLOYER'S EXPERIENCE FOR THE PURPOSE OF RATE ASSIGNMENT; TO AMEND SECTION 41-31-40, RELATING TO BASE RATE COMPUTATION PERIODS, TO LOWER THE NEW EMPLOYER TAX CLASS FROM THIRTEEN TO TWELVE; TO AMEND SECTION 41-31-50, RELATING TO BASE RATE DETERMINATIONS, TO CLARIFY EXCLUSIONS TO TAXABLE WAGES AND TO PROVIDE THAT FOR CALENDAR YEAR 2011 AND SUBSEQUENT CALENDAR YEARS, VOLUNTARY PAYMENTS ARE NOT PERMITTED FOR THE PURPOSE OF OBTAINING A LOWER RATE OF REQUIRED CONTRIBUTIONS; TO AMEND SECTION 41-31-60, RELATING TO BASE RATES WHERE A DELINQUENT REPORT IS RECEIVED, TO CHANGE REFERENCES TO TAX RATES; TO AMEND SECTION 41-31-70, RELATING TO A PROHIBITION ON THE TERMINATION OF THE ACCOUNT OF AN EMPLOYER, TO DELETE A BENEFIT RATIO CALCULATION; TO AMEND SECTION 41-31-125, RELATING TO THE ASSIGNMENT OF AN EMPLOYMENT BENEFIT RECORD UPON ACQUISITION OR REORGANIZATION OF AN EXISTING EMPLOYMENT UNIT, TO PROVIDE IF THE EXPERIENCE RATING ACCOUNT OF A PREDECESSOR IS EQUAL TO OR EXCEEDS TAX CLASS THIRTEEN, THIS EXPERIENCE RATING ACCOUNT MUST BE TRANSFERRED TO THE SUCCESSOR EMPLOYER; TO AMEND SECTION 41-31-140, RELATING TO LIMITS ON THE TRANSFER OF AN EXPERIENCE RATING ACCOUNT IN CERTAIN CIRCUMSTANCES, TO CLARIFY TIME LIMITS OF APPLICABILITY AND TO PROVIDE FOR FUTURE LIMITS ON TRANSFERS FOR AN EXPERIENCE RATING ACCOUNT; TO AMEND SECTION 41-31-670, RELATING TO SPECIAL PROVISIONS FOR ORGANIZATIONS THAT MADE CONTRIBUTIONS PRIOR TO 1969, TO UPDATE REFERENCES TO APPLICABLE TAX FORMULAS AND TO PROVIDE FOR THE MANAGEMENT OF AN ACCOUNT IF THE ORGANIZATION TERMINATES THE ELECTION AVAILABLE UNDER THIS SECTION; TO AMEND SECTION 41-35-120, RELATING TO DISQUALIFICATIONS FOR BENEFITS, TO INCREASE THE PENALTY FOR FAILING A DRUG TEST OR BEING TERMINATED FOR GROSS MISCONDUCT AND TO PROVIDE AN ADDITIONAL SOURCE FOR CERTIFYING A LAB THAT MAY PERFORM A DRUG TEST; TO AMEND SECTION 41-35-125, RELATING TO BENEFITS FOR INDIVIDUALS UNEMPLOYED AS A RESULT OF DOMESTIC ABUSE, TO REDEFINE THE TERM "DISABILITY"; TO AMEND SECTION 41-35-130, RELATING TO PAYMENTS NOT CHARGEABLE TO A FORMER EMPLOYER, TO MAKE THE SECTION APPLICABLE TO BENEFITS PAID AS A RESULT OF A NATURAL DISASTER DECLARED BY THE PRESIDENT OF THE UNITED STATES; TO AMEND SECTION 41-39-30, RELATING TO LIMITS ON FEES, TO ELIMINATE THE REQUIREMENT THAT A PERSON APPEARING AT A HEARING UNDER THIS SECTION MUST BE REPRESENTED BY AN ATTORNEY; TO AMEND SECTION 41-41-40, RELATING TO THE RECOVERY OF BENEFITS PAID TO A PERSON NOT ENTITLED TO BENEFITS, TO PROVIDE AN ADDITIONAL MEANS FOR ATTEMPTING A COLLECTION UNDER THIS SECTION; TO AMEND SECTION 41-27-260, RELATING TO EXEMPTED EMPLOYMENT, TO PROVIDE THE CIRCUMSTANCES UNDER WHICH SERVICES PERFORMED BY A DIRECT SELLER ARE EXEMPT FROM THE PROVISIONS OF CHAPTERS 27 THROUGH 41 OF TITLE 41; TO AMEND SECTION 41-31-50, RELATING TO DETERMINATION OF BASE RATES, TO PLACE A LIMIT ON EMPLOYER BASE TAX RATE FOR TAX YEAR 2011; AND TO AMEND CHAPTER 31, TITLE 41, BY ADDING SECTION 41-31-52 TO PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A SEASONAL WORKER IS ELIGIBLE TO RECEIVE BENEFITS.
Rep. COOPER explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Allison Atwater Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Bowers Brady Branham Brannon Brantley G. A. Brown H. B. Brown Butler Garrick Chumley Cole Cooper Corbin Crawford Crosby Daning Delleney Dillard Erickson Forrester Frye Funderburk Gambrell Govan Hardwick Harrell Hayes Hearn Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Huggins Jefferson Knight Limehouse Loftis Long Lowe Lucas McCoy McEachern McLeod D. C. Moss V. S. Moss Munnerlyn Murphy Nanney J. M. Neal Neilson Norman Ott Owens Parker Parks Patrick Pinson Pope Quinn Ryan Sandifer Simrill Skelton G. R. Smith J. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Tribble Viers Weeks White Whitmire Willis Young
Those who voted in the negative are:
Anderson R. L. Brown Cobb-Hunter Gilliard Howard Johnson King Mitchell Sabb Whipper Williams
The Senate Amendments were agreed to, and the Bill 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.
Rep. QUINN, from the Lexington Delegation, submitted a favorable report on:
H. 4243 (Word version) -- Reps. Quinn, Bingham, Toole, Huggins and Atwater: A BILL TO AMEND SECTION 7-27-365, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION AND ELECTIONS COMMISSION FOR LEXINGTON COUNTY, SO AS TO INCREASE THE COMMISSION'S MEMBERSHIP FROM NINE TO ELEVEN MEMBERS.
Ordered for consideration tomorrow.
The following Bill was taken up:
H. 3863 (Word version) -- Reps. Barfield, Brantley, Brannon, Pinson, Crawford, Patrick, Knight, Parker, J. R. Smith, G. A. Brown, Gilliard, G. R. Smith, Bowers, Corbin, Hamilton, Hodges, Long, D. C. Moss, G. M. Smith and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 TO CHAPTER 53, TITLE 44 TO ENACT THE "UTILIZATION OF UNUSED PRESCRIPTION DRUGS ACT" SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN CONSULTATION WITH THE BOARD OF PHARMACY, SHALL DEVELOP A VOLUNTARY PROGRAM WHEREBY HEALTH CARE FACILITIES CAN DONATE UNUSED PRESCRIPTION DRUGS OF PATIENTS WHO NO LONGER NEED THEM AND WHO HAVE VOLUNTARILY AGREED TO DONATE THEIR PRESCRIPTION DRUGS TO CHARITABLE CLINICS PROVIDING SERVICES TO MEDICALLY INDIGENT PERSONS; TO PROVIDE THAT CERTAIN PROGRAM PROCEDURES AND REQUIREMENTS MUST BE PROMULGATED IN REGULATION BY THE DEPARTMENT AND BY THE BOARD OF PHARMACY, INDIVIDUALLY, TO CARRY OUT THE PROVISIONS OF THIS ARTICLE; AND TO CREATE AN ADVISORY COUNCIL TO OVERSEE AND ADVISE THE DEPARTMENT IN ESTABLISHING THIS PROGRAM AND IN CARRYING OUT THE RESPONSIBILITIES UNDER THIS ARTICLE.
Rep. HIOTT moved to recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs, which was agreed to.
Rep. COBB-HUNTER asked unanimous consent to recall H. 3738 (Word version) from the Committee on Ways and Means.
Rep. TAYLOR objected.
Rep. ATWATER asked unanimous consent to recall H. 4284 (Word version) from the Committee on Education and Public Works.
Rep. KING objected.
Rep. KING asked unanimous consent to recall H. 3959 (Word version) from the Committee on Rules.
Rep. CRAWFORD objected.
Rep. QUINN asked unanimous consent to recall S. 295 (Word version) from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. SKELTON objected.
Rep. MITCHELL asked unanimous consent to recall H. 3738 (Word version) from the Committee on Ways and Means.
Rep. CRAWFORD objected.
Rep. KING asked unanimous consent to recall H. 3144 (Word version) from the Committee on Judiciary.
Rep. NANNEY objected.
The motion period was dispensed with on motion of Rep. KING.
The following Bill was taken up:
H. 3789 (Word version) -- Reps. McLeod, Brantley, Chumley, J. H. Neal, Jefferson, Neilson, Alexander, Gilliard, Bales, R. L. Brown, Clyburn, Cobb-Hunter, Dillard, Hixon, Hodges, Hosey, Mack, Weeks and Whipper: A BILL TO AMEND SECTION 17-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF A LAW ENFORCEMENT OFFICER IN PURSUIT OF AN OFFENDER, SO AS TO INCREASE THE LIMIT WHERE THE TOWN OR CITY'S JURISDICTION CEASES FROM THREE MILES TO FIVE MILES OF THE CORPORATE LIMITS.
Rep. MCLEOD moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
Rep. PINSON moved that the House recur to the Morning Hour, which was agreed to.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4315 (Word version) -- Rep. Mitchell: A HOUSE RESOLUTION TO AUTHORIZE THE YOUTH LEADERSHIP INSTITUTE OF THE UNIVERSITY OF SOUTH CAROLINA UPSTATE TO USE THE HOUSE CHAMBER ON THURSDAY, JUNE 9, 2011, FROM 2:00 P.M. TO 4:00 P.M. FOR ITS MOCK LEGISLATIVE DEBATE. IF THE HOUSE OF REPRESENTATIVES IS IN STATEWIDE SESSION, THE CHAMBER OF THE HOUSE MAY NOT BE USED.
Ordered for consideration tomorrow.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4308 (Word version) -- Rep. Daning: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF UNITED STATES HIGHWAY 17A AND THE SANGAREE PARKWAY IN BERKELEY COUNTY "LANCE CORPORAL TODD ALVIN BENJAMIN INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "LANCE CORPORAL TODD ALVIN BENJAMIN INTERSECTION".
Ordered for consideration tomorrow.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4318 (Word version) -- Reps. J. H. Neal, Bales, Brady, Butler Garrick, Harrison, Howard, McEachern and Rutherford: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 48 IN RICHLAND COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 769 TO ITS INTERSECTION WITH UNITED STATES HIGHWAY 601 "H. HEATH HILL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "H. HEATH HILL HIGHWAY".
Ordered for consideration tomorrow.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 689 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 17, 2011.
Ordered for consideration tomorrow.
Rep. ERICKSON moved to reconsider the vote whereby the following Bill was recommitted:
H. 4095 (Word version) -- Reps. Pitts, Lucas, Loftis and Corbin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-15-45 SO AS TO PROVIDE THAT IF JOINT CUSTODY OF A CHILD IS AWARDED TO THE PARENTS, THERE IS A REBUTTABLE PRESUMPTION THAT BOTH PARENTS HAVE JOINT PHYSICAL CUSTODY OF THE CHILD; TO PROVIDE THAT THE PRESUMPTION MAY BE OVERCOME BY PRESENTING CLEAR AND CONVINCING EVIDENCE THAT JOINT PHYSICAL CUSTODY IS NOT IN THE BEST INTEREST OF THE CHILD; TO REQUIRE THE PARENTS TO SUBMIT A PARENTING PLAN TO THE COURT REFLECTING PARENTAL PREFERENCES AND AGREEMENT ON MATTERS OF SUBSTANCE; AND TO PROVIDE THAT PARENTS SHARE DECISION-MAKING AUTHORITY AND RESPONSIBILITY FOR IMPORTANT DECISIONS AFFECTING THE CHILD'S WELFARE AND THAT WHEN AGREEMENT CANNOT BE REACHED THE PARENTS SHALL SUBMIT TO MEDIATION WITH A PRESELECTED MEDIATOR.
Rep. WHIPPER moved to table the motion.
Rep. ERICKSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allen Anderson Atwater Bannister Battle Brady Branham G. A. Brown H. B. Brown R. L. Brown Butler Garrick Delleney Dillard Funderburk Gilliard Hiott Hodges Hosey Jefferson Johnson Mack McEachern McLeod Mitchell Quinn Sabb Sellers Skelton Stavrinakis Weeks Whipper
Those who voted in the negative are:
Agnew Allison Bales Barfield Bedingfield Bingham Bowers Brannon Chumley Cole Corbin Crawford Crosby Daning Erickson Forrester Gambrell Govan Hardwick Harrell Hearn Henderson Herbkersman Hixon Horne Huggins Limehouse Loftis Long Lowe Lucas McCoy D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Neilson Norman Owens Parker Patrick Pinson Pitts Pope Ryan Simrill G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Taylor Thayer Toole Tribble Vick Viers White Willis Young
So, the House refused to table the motion.
The question then recurred to the motion to reconsider the vote whereby the Bill was recommitted, which was agreed to.
Rep. BRANNON moved to adjourn debate on the Bill until Friday, June 3, which was agreed to.
Rep. SKELTON moved to reconsider the vote whereby debate was adjourned on the following Bill until Friday, June 3:
H. 4095 (Word version) -- Reps. Pitts, Lucas, Loftis and Corbin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-15-45 SO AS TO PROVIDE THAT IF JOINT CUSTODY OF A CHILD IS AWARDED TO THE PARENTS, THERE IS A REBUTTABLE PRESUMPTION THAT BOTH PARENTS HAVE JOINT PHYSICAL CUSTODY OF THE CHILD; TO PROVIDE THAT THE PRESUMPTION MAY BE OVERCOME BY PRESENTING CLEAR AND CONVINCING EVIDENCE THAT JOINT PHYSICAL CUSTODY IS NOT IN THE BEST INTEREST OF THE CHILD; TO REQUIRE THE PARENTS TO SUBMIT A PARENTING PLAN TO THE COURT REFLECTING PARENTAL PREFERENCES AND AGREEMENT ON MATTERS OF SUBSTANCE; AND TO PROVIDE THAT PARENTS SHARE DECISION-MAKING AUTHORITY AND RESPONSIBILITY FOR IMPORTANT DECISIONS AFFECTING THE CHILD'S WELFARE AND THAT WHEN AGREEMENT CANNOT BE REACHED THE PARENTS SHALL SUBMIT TO MEDIATION WITH A PRESELECTED MEDIATOR.
Rep. SKELTON moved to table the motion to reconsider, which was agreed to.
The Senate Amendments to the following Concurrent Resolution were taken up for consideration:
H. 4195 (Word version) -- Rep. Harrell: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO SECTION 9, ARTICLE III, OF THE CONSTITUTION OF THIS STATE, 1895, AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 2, 2011, NOT LATER THAN 5:00 P.M., OR ANYTIME EARLIER, EACH HOUSE SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT NOON ON TUESDAY, JUNE 14, 2011, AND CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL NOT LATER THAN 5:00 P.M. ON FRIDAY, JULY 1, 2011, FOR THE CONSIDERATION OF CERTAIN MATTERS, AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN NOT LATER THAN 5:00 P.M. ON FRIDAY, JULY 1, 2011, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Rep. HARRELL explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Alexander Allen Allison Atwater Bales Ballentine Barfield Battle Bedingfield Bingham Bowen Bowers Brady Branham Brannon G. A. Brown H. B. Brown R. L. Brown Butler Garrick Chumley Cobb-Hunter Corbin Crawford Crosby Daning Delleney Dillard Erickson Forrester Frye Funderburk Gambrell Gilliard Govan Hardwick Harrell Hayes Hearn Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Johnson King Knight Limehouse Loftis Long Lowe Lucas Mack McCoy McEachern McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Nanney J. H. Neal J. M. Neal Neilson Norman Ott Owens Parker Parks Patrick Pinson Pitts Pope Quinn Rutherford Sabb Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Toole Tribble Vick Viers Weeks Whipper White Whitmire Williams Willis Young
Those who voted in the negative are:
The Senate Amendments were concurred in and a message was ordered sent to the Senate accordingly.
Rep. QUINN asked unanimous consent to recall S. 295 (Word version) from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. G. R. SMITH objected.
Rep. KING asked unanimous consent to recall H. 3334 (Word version) from the Committee on Education and Public Works.
Rep. OWENS objected.
Rep. SKELTON asked unanimous consent to recall S. 295 (Word version) from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. LOFTIS objected.
Rep. BALLENTINE asked unanimous consent to recall H. 3685 (Word version) from the Committee on Ways and Means.
Rep. WHITE objected.
On motion of Rep. QUINN, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs:
S. 295 (Word version) -- Senators Hutto, Fair, Jackson, Rankin and Ford: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA SUMMER CAMP STUDY COMMITTEE TO STUDY THE SUMMER CAMPS IN THE STATE AND MAKE RECOMMENDATIONS TO THE LEGISLATURE RELATED TO LICENSING AND REGULATION OF SUMMER CAMPS, PROVIDE FOR THE MEMBERSHIP AND METHOD OF APPOINTMENT FOR THE MEMBERSHIP, PROVIDE FOR THE DUTIES OF THE STUDY COMMITTEE, PROVIDE FOR THE STAFFING OF THE STUDY COMMITTEE, AND TO DISSOLVE THE STUDY COMMITTEE AFTER A REPORT OF ITS FINDINGS IS PROVIDED TO THE LEGISLATURE AND THE GOVERNOR.
Rep. MITCHELL asked unanimous consent to recall H. 3738 (Word version) from the Committee on Ways and Means.
Rep. CRAWFORD objected.
At 4:15 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R56, S. 36 (Word version)) -- Senators McConnell, McGill, Setzler and Ford: AN ACT TO ENACT PROVISIONS OF LAW PERTAINING TO THE PAYMENT, COLLECTION, AND ADMINISTRATION OF THE SALES AND USE TAX, BY AMENDING ACT 99 OF 2007, RELATING TO THE SALES TAX EXEMPTION FOR DURABLE MEDICAL EQUIPMENT AND SUPPLIES, TO PHASE OUT THE SALES AND USE TAX IMPOSED ON DURABLE MEDICAL EQUIPMENT AND RELATED SUPPLIES, AND TO DELETE PROVISIONS RELATING TO FURTHER REDUCTIONS IN THE SALES AND USE TAX ON DURABLE MEDICAL EQUIPMENT AND RELATED SUPPLIES BASED ON GENERAL FUND REVENUE GROWTH; TO AMEND SECTIONS 12-36-90, 12-36-910, 12-36-1310, AND 12-36-2120, ALL AS AMENDED, RELATING TO SALES AND USE TAXES, TO FURTHER PROVIDE FOR THOSE INSTANCES WHERE SALES AND USE TAX APPLIES IN CONNECTION WITH WARRANTIES AND SERVICE MAINTENANCE CONTRACTS SOLD IN CONNECTION WITH THE SALE OF TANGIBLE PERSONAL PROPERTY; AND BY AMENDING ARTICLE 25, CHAPTER 36, TITLE 12, RELATING TO GENERAL PROVISIONS CONCERNING THE PAYMENT, COLLECTION, AND ADMINISTRATION OF THE SALES AND USE TAX BY ADDING SECTIONS 12-36-2691 AND 12-36-2692 TO PROVIDE THE APPLICABLE REQUIREMENTS AND DURATION FOR WHICH OWNING OR UTILIZING A DISTRIBUTION FACILITY WITHIN SOUTH CAROLINA IS NOT CONSIDERED IN DETERMINING WHETHER THE PERSON HAS A PHYSICAL PRESENCE IN SOUTH CAROLINA SUFFICIENT TO ESTABLISH A NEXUS WITH SOUTH CAROLINA FOR SALES AND USE TAX PURPOSES, AND TO PROVIDE NOTIFICATION AND PAYMENT PROCEDURES AND REQUIREMENTS IN REGARD TO USE TAXES DUE THE STATE OF SOUTH CAROLINA.
(R57, S. 211 (Word version)) -- Senators Matthews, Land, Leatherman, Leventis, Hutto, Williams, Ford and McGill: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 54 TO TITLE 11 SO AS TO ESTABLISH THE "I-95 CORRIDOR AUTHORITY ACT" AND TO PROVIDE FOR THE COMPOSITION, DUTIES, AND POWERS OF THE AUTHORITY.
L:\COUNCIL\ACTS\211SD11.DOCX
(R58, S. 404 (Word version)) -- Senators Campsen, McConnell, Land, Peeler, Alexander, Bryant, Campbell, Cleary, Coleman, Cromer, Davis, Elliott, Fair, Grooms, Hayes, Hutto, Jackson, Knotts, Leventis, Matthews, L. Martin, Massey, McGill, O'Dell, Pinckney, Rankin, Reese, Rose, Ryberg, Setzler, Sheheen, Thomas, Verdin, Williams, Lourie, Scott, Leatherman, Shoopman, Malloy, Bright and S. Martin: AN ACT TO ENACT THE "SOUTH CAROLINA UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTERS ACT"; TO AMEND SECTION 7-15-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS AND ISSUANCE OF WRITE-IN ABSENTEE BALLOTS, SO AS TO LIMIT APPLICABILITY OF THE SECTION TO A QUALIFIED CITIZEN OF SOUTH CAROLINA WHO IS ELIGIBLE TO VOTE UNDER THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT AND TO ADD THAT A QUALIFIED ABSENTEE ELECTOR MAY ALTERNATIVELY SUBMIT A FEDERAL WRITE-IN ABSENTEE BALLOT FOR ANY FEDERAL, STATE, OR LOCAL OFFICE OR BALLOT INITIATIVE; TO AMEND SECTION 7-15-405, RELATING TO ELIGIBLITY TO VOTE UNDER UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT, SO AS TO PROVIDE A BALLOT MAY BE SENT INSTEAD OF MAILED; BY ADDING SECTION 7-15-406 SO AS TO REQUIRE AN ABSENTEE BALLOT SENT PURSUANT TO THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT MUST BE MAILED TO THE ELECTOR AT LEAST FORTY-FIVE DAYS PRIOR TO AN ELECTION; TO AMEND SECTION 7-15-460, AS AMENDED, RELATING TO ABSENTEE BALLOTS AS PROVIDED BY THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT, SO AS TO MAKE THE PROVISIONS APPLICABLE TO FEDERAL, STATE, AND LOCAL OFFICES, AND TO REQUIRE THAT AN ELECTRONIC FREE ACCESS BALLOT TRACKING SYSTEM IS AVAILABLE TO ELECTORS; TO AMEND SECTION 7-15-220, RELATING TO THE SIGNING AND WITNESSING OF THE OATH BY THE ABSENTEE BALLOT APPLICANT, SO AS TO CORRECT ARCHANE LANGUAGE AND PROVIDE AN EXCEPTION FOR WITNESS REQUIREMENTS FOR VOTERS QUALIFIED UNDER THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTERS ACT; TO AMEND SECTION 7-15-320, AS AMENDED, REALTING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO FURTHER SPECIFY PERSONS WHO MAY VOTE BY ABSENTEE BALLOT WHETHER OR NOT THEY ARE ABSENT FROM THEIR COUNTY OF RESIDENCE ON ELECTION DAYS; AND TO AMEND SECTION 7-15-380, AS AMENDED, RELATING TO THE OATH OF AN ABSENTEE BALLOT APPLICANT, SO AS TO CLARIFY EXISTING LANGUAGE.
(R59, S. 420 (Word version)) -- Senators McConnell, Peeler, Campbell, Rose and Ford: AN ACT TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY REVIEW OF REGULATIONS, INCLUDING, AMONG OTHER THINGS, GROUNDS FOR EXEMPTION FROM REVIEW, SO AS TO PROVIDE THAT A REGULATION EXEMPT FROM GENERAL ASSEMBLY REVIEW BECAUSE IT WAS PROMULGATED TO COMPLY WITH FEDERAL LAW HAS THE SAME LEGAL STATUS AS THE FEDERAL LAW, SUCH THAT IF THE FEDERAL LAW IS VACATED OR OTHERWISE RENDERED WITHOUT LEGAL FORCE AND EFFECT THE STATE REGULATION IS SIMILARLY VACATED OR OTHERWISE RENDERED WITHOUT LEGAL FORCE AND EFFECT.
(R60, S. 445 (Word version)) -- Senators Hutto, Fair, Jackson and Ford: AN ACT TO AMEND SECTION 44-29-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF SEXUALLY TRANSMITTED DISEASE RECORDS HELD BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO CLARIFY THAT THE DEPARTMENT SHALL RELEASE CERTAIN INFORMATION ON A MINOR IF A REPORT OF CHILD ABUSE OR NEGLECT IS REQUIRED BY LAW AND TO PROVIDE THAT IN NOTIFYING A SCHOOL DISTRICT OF A CHILD IN THE DISTRICT WHO HAS AIDS OR IS INFECTED BY HIV, THE DEPARTMENT ONLY SHALL REPORT THIS INFORMATION ON STUDENTS IN GRADES KINDERGARTEN THROUGH FIFTH GRADE AND TO REQUIRE THIS INFORMATION BE PURGED FROM THE STUDENT'S PERMANENT RECORD BEFORE THE STUDENT ENTERS SIXTH GRADE; AND BY ADDING SECTION 59-10-220 SO AS TO REQUIRE EACH SCHOOL DISTRICT TO ADOPT THE CENTERS FOR DISEASE CONTROL AND PREVENTION RECOMMENDATIONS ON UNIVERSAL PRECAUTIONS FOR BLOODBORNE DISEASE EXPOSURE.
(R61, S. 494 (Word version)) -- Senators Cleary, Bryant, Cromer and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-265 SO AS TO AUTHORIZE AN INTERN OR RESIDENT IN AN ORAL SURGERY TRAINING PROGRAM TO TREAT CONDITIONS REQUIRED BY THE TRAINING PROGRAM UNDER THE SUPERVISION OF A LICENSED PHYSICIAN OR DENTIST AND TO PROVIDE THAT A PHARMACIST MAY FILL A PRESCRIPTION ISSUED BY AN INTERN OR RESIDENT DURING THE COURSE OF THE TRAINING PROGRAM.
(R62, S. 568 (Word version)) -- Senators L. Martin and Ford: AN ACT TO AMEND SECTION 16-3-740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TESTING OF CERTAIN OFFENDERS FOR HEPATITIS B AND HUMAN IMMUNODEFICIENCY VIRUS (HIV), SO AS TO FURTHER CLARIFY OFFENDERS WHO MUST BE TESTED AND THE TIME FRAME THAT TESTING MUST BE CONDUCTED AND PROVIDE FOR FOLLOW-UP TESTING FOR HIV WHEN MEDICALLY APPROPRIATE.
(R63, S. 592 (Word version)) -- Senators Hayes, Leventis, Cromer, Rose, Scott, Knotts, Alexander and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-1-3067 SO AS TO CREATE THE OFFENSE OF FRATERNIZATION; TO AMEND SECTION 25-1-10, RELATING TO THE STATE MILITARY CODE'S DEFINITIONS, SO AS TO DEFINE THE TERM "ORGANIZED MILITIA"; TO AMEND SECTION 25-1-40, RELATING TO THE APPLICABILITY OF THE UNIFORM CODE OF MILITARY JUSTICE, SO AS TO DELETE AN UNNECESSARY REFERENCE TO CAPITAL SENTENCES; TO AMEND SECTION 25-1-60, RELATING TO THE COMPOSITION AND CLASSES OF THE STATE MILITIA, SO AS TO CLARIFY THAT ACTIVE MEMBERS OF THE NATIONAL GUARD ARE NOT PART OF THE ORGANIZED MILITIA; TO AMEND SECTION 25-1-70, RELATING TO THE COMPOSITION OF THE NATIONAL GUARD, SO AS TO CLARIFY THE ADJUTANT GENERAL'S AUTHORITY TO ORGANIZE UNITS FOR STATE RECOGNIZED AND ORGANIZED POSITIONS; TO AMEND SECTION 25-1-120, RELATING TO MILITARY CORPORATIONS, SO AS TO CLARIFY THAT MILITARY CORPORATIONS ARE EXEMPT FROM FILING RETURNS WITH THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO THE SAME EXTENT THEY ARE EXEMPT FROM FILING RETURNS WITH THE INTERNAL REVENUE SERVICE; TO AMEND SECTION 25-1-340, RELATING TO VACANCIES IN THE OFFICE OF THE ADJUTANT GENERAL, SO AS TO PROVIDE THAT AN INTERIM APPOINTEE SHALL HOLD THE RANK OF COLONEL OR HIGHER; TO AMEND SECTION 25-1-635, RELATING TO LEGAL ASSISTANCE SERVICES, SO AS TO CLARIFY THE PERSONAL LIABILITY EXEMPTION; TO AMEND SECTION 25-1-830, RELATING TO OFFICER SELECTION BOARDS, SO AS TO INCLUDE REFERENCES TO FEDERAL PERSONNEL ACTS; TO AMEND SECTION 25-1-1370, RELATING TO MAINTENANCE ALLOWANCES, SO AS TO PROVIDE THAT THESE FUNDS MUST BE DEPOSITED IN STATE ACCOUNTS FOR MILITARY DEPARTMENT OPERATIONS AND MAINTENANCE; TO AMEND SECTION 25-1-2420, RELATING TO CODE OF MILITARY JUSTICE DEFINITIONS, SO AS TO PROVIDE THAT THE TERM "STATE JUDGE ADVOCATE" MEANS A FEDERALLY RECOGNIZED NATIONAL GUARD JUDGE ADVOCATE; TO AMEND SECTION 25-1-2450, RELATING TO THE APPOINTMENT OF THE STATE JUDGE ADVOCATE, SO AS TO PROVIDE THAT THE STATE JUDGE ADVOCATE MUST BE FEDERALLY RECOGNIZED AS A JUDGE ADVOCATE; TO AMEND SECTION 25-1-2455, RELATING TO THE APPOINTMENT OF THE STATE MILITARY JUDGE, SO AS TO REQUIRE MEMBERSHIP AND GOOD STANDING IN THE SOUTH CAROLINA BAR; TO AMEND SECTION 25-1-2520, RELATING TO NONJUDICIAL DISCIPLINARY PUNISHMENT, SO AS TO ALLOW THE DELEGATION OF NONJUDICIAL PUNISHMENT AUTHORITY IN CERTAIN SITUATIONS; TO AMEND SECTION 25-1-2550, RELATING TO GENERAL COURTS-MARTIAL JURISDICTION, SO AS TO INCREASE THE COURT'S PUNISHMENT AUTHORITY; TO AMEND SECTION 25-1-2560, RELATING TO SPECIAL COURTS-MARTIAL JURISDICTION, SO AS TO INCREASE THE COURT'S PUNISHMENT AUTHORITY; TO AMEND SECTION 25-1-2570, RELATING TO SUMMARY COURTS-MARTIAL JURISDICTION, SO AS TO INCREASE THE COURT'S PUNISHMENT AUTHORITY; TO AMEND SECTION 25-1-2580, RELATING TO THE APPOINTMENT OF GENERAL COURTS-MARTIAL, SO AS TO PROVIDE THAT APPOINTMENT AUTHORITY MAY BE DELEGATED TO THE ADJUTANT GENERAL UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 25-1-2600, RELATING TO THE APPOINTMENT OF SUMMARY COURTS-MARTIAL, SO AS TO PROVIDE THAT APPOINTMENT AUTHORITY MAY BE DELEGATED UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 25-1-2630, RELATING TO THE DETAIL OF TRIAL AND DEFENSE COUNSEL, SO AS TO CLARIFY THE STATE JUDGE ADVOCATE'S APPOINTMENT AUTHORITY; TO AMEND SECTION 25-1-2640, RELATING TO THE RECORDING OF PROCEEDINGS, SO AS TO PROVIDE THAT A QUALIFIED COURT REPORTER MAY BE HIRED TO RECORD COURT-MARTIAL PROCEEDINGS; TO AMEND SECTION 25-1-2910, RELATING TO FRAUDULENT ENLISTMENTS, APPOINTMENTS, OR SEPARATIONS, SO AS TO PROVIDE JURISDICTION OVER SERVICEMEMBERS WHO COMMIT WILFUL MISCONDUCT TO INTENTIONALLY CAUSE THEIR SEPARATION; TO AMEND SECTION 25-1-3025, RELATING TO THE OFFENSE OF MALINGERING, SO AS TO PROVIDE JURISDICTION OVER SERVICEMEMBERS WHO COMMIT, PERFORM, OR UNDERTAKE SERVICE DISQUALIFYING ACTIVITIES; TO AMEND SECTION 25-1-3065, RELATING TO THE OFFENSE OF CONDUCT UNBECOMING AN OFFICER, SO AS TO DELETE THE ELEMENT THAT THE ACCUSED BE A COMMISSIONED OFFICER; AND TO AMEND SECTION 25-1-3160, RELATING TO CONSTRUCTION OF THE UNIFORM CODE OF MILITARY JUSTICE, SO AS TO ALLOW THE ADJUTANT GENERAL TO ESTABLISH PROCEDURES TO CONFORM STATE MILITARY JUDICIAL PROCEEDINGS WITH STATE CIRCUIT COURT PROCEEDINGS.
(R64, S. 687 (Word version)) -- Senators Scott, Knotts and Ford: AN ACT TO AMEND SECTION 43-7-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECOVERY OF FUNDS FROM ESTATES OF PERSONS WHO RECEIVED MEDICAID, SO AS TO SUBSTITUTE "PERSONS WITH INTELLECTUAL DISABILITY" FOR "THE MENTALLY RETARDED"; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO THE DEFINITION OF TERMS USED IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO SUBSTITUTE, IN RELEVANT DEFINITIONS, "PERSONS WITH INTELLECTUAL DISABILITY" FOR "THE MENTALLY RETARDED"; TO AMEND SECTION 44-7-260, AS AMENDED, RELATING TO HEALTH FACILITY LICENSURE REQUIREMENTS, SO AS TO SUBSTITUTE "PERSONS WITH INTELLECTUAL DISABILITY" FOR "MENTALLY RETARDED"; TO AMEND SECTION 44-7-315, AS AMENDED, RELATING TO DISCLOSURE OF INFORMATION OBTAINED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING HEALTH CARE FACILITIES, SO AS TO SUBSTITUTE "PERSONS WITH INTELLECTUAL DISABILITY" FOR "THE MENTALLY RETARDED"; TO AMEND SECTION 44-7-320, AS AMENDED, RELATING TO THE DENIAL, REVOCATION, OR SUSPENSION OF A HEALTH FACILITY LICENSE, SO AS TO SUBSTITUTE "PERSONS WITH INTELLECTUAL DISABILITY" FOR "THE MENTALLY RETARDED"; TO AMEND CHAPTER 20, TITLE 44, RELATING TO THE SOUTH CAROLINA MENTAL RETARDATION, RELATED DISABILITIES, HEAD INJURIES, AND SPINAL CORD INJURIES ACT, INCLUDING THE CREATION, GOVERNANCE, AND OPERATION OF THE SOUTH CAROLINA DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, CHAPTER 21, TITLE 44, RELATING TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS FAMILY SUPPORT SERVICES, SECTION 44-23-10, AS AMENDED, AND ARTICLES 3 AND 5 OF CHAPTER 23, TITLE 44, RELATING TO PROVISIONS APPLICABLE TO BOTH MENTALLY ILL AND MENTALLY RETARDED PERSONS, CHAPTER 26, TITLE 44, RELATING TO THE RIGHTS OF MENTAL RETARDATION CLIENTS, ALL SO AS TO CHANGE THE TERM "MENTAL RETARDATION" TO "INTELLECTUAL DISABILITY" AND THE TERM "MENTALLY RETARDED" TO "PERSON WITH INTELLECTUAL DISABILITY"; TO PROVIDE THAT THE TERMS "INTELLECTUAL DISABILITY" AND "PERSON WITH INTELLECTUAL DISABILITY" HAVE REPLACED, AND HAVE THE SAME MEANINGS AS, THE FORMER TERMS "MENTAL RETARDATION" AND "MENTALLY RETARDED"; AND TO DIRECT STATE AGENCIES, BOARDS, COMMITTEES, AND COMMISSIONS AND POLITICAL SUBDIVISIONS OF THE STATE AND THE CODE COMMISSIONER TO SUBSTITUTE THE TERM "INTELLECTUAL DISABILITY" FOR "MENTAL RETARDATION" AND THE TERM "PERSON WITH INTELLECTUAL DISABILITY" FOR "MENTALLY RETARDED" IN RULES, REGULATIONS, POLICIES, PROCEDURES, STATUTES, ORDINANCES, AND PUBLICATIONS WHEN THESE RULES, REGULATIONS, POLICIES, PROCEDURES, STATUTES, ORDINANCES, OR PUBLICATIONS ARE AMENDED, REVISED, OR REPUBLISHED.
(R65, S. 693 (Word version)) -- Senators Bryant and Bright: AN ACT TO AMEND SECTION 23-9-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDER AND APPEALS FROM THE STATE FIRE MARSHAL, SO AS TO INCREASE THE AMOUNT OF TIME THAT AN OCCUPANT OR OWNER MAY APPEAL THE DECISION OF A DEPUTY OR RESIDENT FIRE MARSHAL FROM TWENTY-FOUR HOURS TO THIRTY DAYS, AND TO PROVIDE THAT THE STATE FIRE MARSHAL'S DECISION MUST BE FILED WITHIN TEN DAYS OF RECEIVING THE NOTICE OF APPEAL; TO PROVIDE THAT THE APPEAL PERIOD SHALL NOT BE ALLOWED IF THE BUILDING OR ANY OTHER STRUCTURE IS DEEMED TO BE AN IMMINENT DANGER, AND TO INCREASE THE AMOUNT OF TIME A PERSON MAY APPEAL AN ORDER OF THE STATE FIRE MARSHAL TO AN ADMINISTRATIVE LAW JUDGE FROM FIVE TO THIRTY DAYS.
(R66, S. 705 (Word version)) -- Senators Rankin, Campbell, Rose, Verdin, Hutto, Ford and Grooms: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 58 SO AS ENACT THE "UNDERGROUND FACILITY DAMAGE PREVENTION ACT", TO PROVIDE DEFINITIONS, TO PROVIDE LIMITS ON COSTS RELATED TO THIS CHAPTER, TO REQUIRE THE CREATION OF A NOTIFICATION CENTER ASSOCIATION PROVIDING FOR RECEIVING NOTICE OF EXCAVATION OR DEMOLITION IN A DEFINED AREA, TO CREATE AND SPECIFY THE MEMBERSHIP OF A BOARD TO GOVERN THE NOTIFICATION CENTER, TO PROVIDE MISCELLANEOUS REQUIREMENTS AND DUTIES RELATED TO THE NOTIFICATION CENTER, TO REQUIRE CERTAIN NOTICE RELATED TO EXCAVATIONS, DEMOLITIONS, AND DAMAGE RESULTING DURING AN EXCAVATION OR DEMOLITION, TO PROVIDE EXCEPTIONS TO THE NOTICE REQUIREMENTS AND OTHER PROVISIONS OF THIS CHAPTER, AND TO PROVIDE PENALTIES FOR A VIOLATION OF THIS CHAPTER; AND TO REPEAL SECTIONS 58-35-10, 58-35-20, 58-35-30, 58-35-40, 58-35-50, 58-35-60, 58-35-70, 58-35-80, 58-35-90, 58-35-100, 58-35-110, AND 58-35-120 ALL RELATING TO THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT.
(R67, S. 766 (Word version)) -- Senators McConnell, Leatherman, Alexander, Anderson, Scott, Coleman, O'Dell, Verdin, L. Martin, Ford, Massey, Knotts, Grooms, Nicholson, Shoopman, Elliott and Setzler: AN ACT TO AMEND SECTION 33-49-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF EXCESS REVENUE TO SOUTH CAROLINA'S ELECTRIC COOPERATIVES' MEMBERS, SO AS TO ALLOW SOUTH CAROLINA ELECTRIC COOPERATIVES TO ADVOCATE ENERGY EFFICIENCY AND RENEWABLE ENERGY INITIATIVES IN THIS STATE AND TO PROVIDE CLARITY TO PATRONAGE CAPITAL PROCEDURES; TO AMEND SECTION 27-18-20, RELATING TO DEFINITIONS OF TERMS USED IN THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO DELETE ELECTRIC COOPERATIVE PATRONAGE ALLOCATIONS FROM THE UNIFORM UNCLAIMED PROPERTY ACT; TO AMEND SECTION 33-46-460, RELATING TO THE DISTRIBUTION OF EXCESS REVENUE BY TELEPHONE COOPERATIVES AND WHAT CONSTITUTES EXCESS REVENUE, SO AS TO PROVIDE PROCEDURES FOR THE ALLOCATION OF PATRONAGE CAPITAL AND POLICIES AND PROCEDURES REGARDING ABANDONED PATRONAGE CAPITAL; AND TO AMEND SECTION 27-18-30, RELATING TO PROPERTY THAT IS PRESUMED ABANDONED PURSUANT TO THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO DELETE ELECTRIC COOPERATIVE PATRONAGE CAPITAL FROM THE PURVIEW OF THE STATUTE.
(R68, S. 793 (Word version)) -- Senators Alexander and Bryant: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR FISCAL YEAR 2011-2012 TO TEMPORARILY SUSPEND ENFORCEMENT OF CERTAIN PROVISIONS OF THE MEDICAID NURSING HOME PERMIT LAW AND TO SET CERTAIN NURSING HOME STAFFING STANDARDS IN ORDER TO MEET APPROPRIATIONS.
(R69, S. 823 (Word version)) -- Senators Knotts, Ford, Williams, Setzler, Campbell, O'Dell, Bryant, Rankin, Cleary, McConnell, McGill, Land, Campsen and Cromer: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-681 SO AS TO DESIGNATE COLLARD GREENS AS THE OFFICIAL STATE VEGETABLE.
(R70, S. 831 (Word version)) -- Senators Massey and Ryberg: AN ACT TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' JURY AREAS, SO AS TO PROVIDE FOR REVISED JURY AREAS AND THE LOCATION OF THE MAGISTRATES' OFFICES; AND TO REPEAL ACT 79 OF 1977 AND ACT 758 OF 1988 RELATING TO MAGISTRATES IN AIKEN COUNTY.
(R71, S. 854 (Word version)) -- Senator Malloy: AN ACT TO AMEND SECTION 16-3-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSAULT AND BATTERY OFFENSES, SO AS TO SUBSTITUTE THE TERM "A PERSON" FOR THE TERM "AN ADULT".
(R72, S. 877 (Word version)) -- Senator Pinckney: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF HAMPTON COUNTY SCHOOL DISTRICT NO. 2 OF HAMPTON COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT WITHIN ITS CONSTITUTIONAL DEBT LIMIT, IN ONE OR MORE SERIES, TO DEFRAY THE LOSS OF AMERICAN REINVESTMENT AND RECOVERY ACT FUNDS AND EDUCATION FINANCE ACT FUNDS TO THE SCHOOL DISTRICT, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
(R73, S. 890 (Word version)) -- Senators L. Martin and Alexander: AN ACT TO AMEND ACT 260 OF 1981, AS AMENDED, RELATING TO THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES, TO PROVIDE THAT THE ELECTORS RESIDING IN THE DELLWOOD SUBDIVISION OF ANDERSON COUNTY SHALL BE ELIGIBLE TO VOTE IN THE ELECTION OF, AND HOLD OFFICE FOR, THE MEMBER OF THE BOARD OF TRUSTEES IN THE CLOSEST CONTIGUOUS SCHOOL DISTRICT IN PICKENS COUNTY.
(R74, H. 3183 (Word version)) -- Reps. Young, Daning, Harrison, Simrill, G.R. Smith, Stringer, Hamilton, Hixon, Long, D.C. Moss and Weeks: AN ACT TO AMEND SECTION 2-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION AND REREGISTRATION OF LOBBYISTS, SO AS TO REQUIRE THE PAYMENT OF ALL OUTSTANDING PENALTIES BEFORE A LOBBYIST MAY RESUME LOBBYING ACTIVITIES; TO AMEND SECTION 2-17-25, RELATING TO THE REGISTRATION AND REREGISTRATION OF LOBBYISTS' PRINCIPALS, SO AS TO REQUIRE THE PAYMENT OF ALL OUTSTANDING PENALTIES BEFORE A LOBBYIST'S PRINCIPAL MAY RESUME LOBBYING ACTIVITIES; TO AMEND SECTION 2-17-50, RELATING TO THE AUTHORITY OF THE STATE ETHICS COMMISSION TO ENFORCE FILING REQUIREMENTS AND ASSESS PENALTIES FOR FAILURE TO FILE, SO AS TO CAP CERTAIN FINES AT FIVE THOUSAND DOLLARS, AND TO PROVIDE THAT FIRST AND SECOND OFFENSES MAY BE TRIED IN MAGISTRATES COURT; TO AMEND SECTION 8-13-100, RELATING TO THE DEFINITION OF "FAMILY MEMBER" FOR THE PURPOSES OF THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO INCLUDE BROTHERS-IN-LAW AND SISTERS-IN-LAW; TO AMEND SECTION 8-13-700, RELATING TO USE OF ONE'S OFFICIAL POSITION FOR OFFICIAL GAIN, SO AS TO REPLACE CERTAIN REFERENCES TO "IMMEDIATE FAMILY" WITH THE BROADER TERM "FAMILY MEMBER"; AND TO AMEND SECTION 8-13-1510, AS AMENDED, RELATING TO PENALTIES FOR EITHER LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT REQUIRED BY CHAPTER 13, TITLE 8, SO AS TO CAP CERTAIN FINES AT FIVE THOUSAND DOLLARS, AND TO PROVIDE THAT FIRST, SECOND, AND THIRD OFFENSES MAY BE TRIED IN MAGISTRATES COURT.
(R75, H. 3587 (Word version)) -- Reps. Edge, Viers, Hardwick, Hearn, Clemmons, Barfield, Hayes and Loftis: AN ACT TO AMEND SECTION 48-39-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE REGULATION OF COASTAL TIDELANDS AND WETLANDS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO DEFINE "MAINTENANCE DREDGING"; TO AMEND SECTION 48-39-130, RELATING TO PERMITS REQUIRED TO UTILIZE CRITICAL AREAS AND EXEMPTIONS FROM SUCH PERMITS, SO AS TO EXEMPT DREDGING BY MUNICIPALITIES AND COUNTIES IN CERTAIN EXISTING RECREATIONAL USE CANALS AND ESSENTIAL ACCESS CANALS CONVEYED TO THE STATE OR DEDICATED TO THE PUBLIC SINCE 1965 IF THE DREDGING IS AUTHORIZED BY A PERMIT FROM THE UNITED STATES ARMY CORPS OF ENGINEERS AND TO PROVIDE THAT DEPARTMENT ADMINISTERED CERTIFICATIONS FOR SUCH DREDGING ARE WAIVED; TO AMEND SECTION 48-39-150, RELATING TO THE PROCEDURES AND REQUIREMENTS FOR THE APPROVAL OR DENIAL OF CRITICAL AREA USE PERMITS, INCLUDING THE TIME WITHIN WHICH WORK MUST BE COMPLETED UNDER SUCH PERMITS, SO AS TO PROVIDE THAT WORK AUTHORIZED UNDER A MAINTENANCE DREDGING PERMIT MUST BE COMPLETED IN TEN YEARS, RATHER THAN FIVE YEARS; TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS FOR MAINTENANCE DREDGING; AND TO PROVIDE THAT THE PROVISION AUTHORIZING DREDGING PURSUANT TO THIS ACT IS REPEALED JULY 1, 2026.
(R76, H. 3663 (Word version)) -- Reps. Cooper, Harrell, Ott, Bingham, Allison, Owens, Anthony, Bales and McLeod: A JOINT RESOLUTION TO SUSPEND THE REQUIREMENT THAT THE DEPARTMENT OF EDUCATION PROVIDE PRINTED COPIES OF 2011 DISTRICT AND SCHOOL REPORT CARDS; TO REQUIRE A SCHOOL DISTRICT OR SCHOOL WITHIN THE DISTRICT TO PROVIDE PARENTS WITH A LINK TO THE REPORT CARDS VIA EMAIL OR OTHER COMMUNICATION METHODS UPON CERTAIN CONDITIONS; TO REQUIRE THE DEPARTMENT TO SUSPEND WRITING ASSESSMENTS FOR CERTAIN GRADES, AND TO PROVIDE THAT WRITING ASSESSMENTS MAY NOT BE USED IN GROWTH CALCULATIONS; TO SUSPEND THE REQUIREMENT THAT SCHOOLS ADVERTISE THE DISTRICT AND SCHOOL 2011 REPORT CARD, BUT TO REQUIRE RESULTS TO BE PROVIDED TO AN AREA NEWSPAPER OF GENERAL CIRCULATION; TO ALLOW HIGH SCHOOLS TO OFFER STATE-FUNDED WORKKEY ASSESSMENTS TO CERTAIN STUDENTS; TO PROVIDE FOR A ONE-YEAR GRACE PERIOD FOR CERTAIN RECIPIENTS OF A SOUTH CAROLINA TEACHER LOAN, AND TO REQUIRE THE SOUTH CAROLINA STUDENT LOAN CORPORATION TO DEVELOP FORMS AND PROCEDURES TO IMPLEMENT THE GRACE PERIOD; AND TO DIRECT SAVINGS FROM CERTAIN PROVISIONS OF THIS ACT.
(R77, H. 3957 (Word version)) -- Reps. Harrison, Bales, McLeod and Funderburk: AN ACT TO DESIGNATE SECTION 3 OF ACT 292 OF 1985, AS AMENDED, RELATING TO THE RICHLAND-LEXINGTON COUNTY AIRPORT COMMISSION'S AUTHORITY TO MAKE APPLICATION TO THE FOREIGN-TRADE ZONES BOARD FOR THE PURPOSE OF ESTABLISHING, OPERATING, AND MAINTAINING FOREIGN-TRADE ZONES AS SECTION 55-11-430 OF THE 1976 CODE; AND TO AMEND SECTION 55-11-430, RELATING TO THE RICHLAND-LEXINGTON COUNTY AIRPORT COMMISSION'S AUTHORITY TO MAKE APPLICATION TO THE FOREIGN-TRADE ZONES BOARD FOR THE PURPOSE OF ESTABLISHING, OPERATING, AND MAINTAINING FOREIGN-TRADE ZONES, SO AS TO EXPAND THE AREA WITHIN THE STATE IN WHICH THE COMMISSION MAY ESTABLISH FOREIGN-TRADE ZONES.
(R78, H. 4097 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4157, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R79, H. 4149 (Word version)) -- Reps. Hodges and R.L. Brown: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT WITHIN ITS CONSTITUTIONAL DEBT LIMIT NOT TO EXCEED TWO MILLION FIVE HUNDRED THOUSAND DOLLARS IN ONE OR MORE SERIES, TO DEFRAY THE LOSS OF AMERICAN REINVESTMENT AND RECOVERY ACT FUNDS AND EDUCATION FINANCE ACT FUNDS TO THE SCHOOL DISTRICT, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
Rep. SOTTILE moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4099 (Word version) -- Reps. Harrell, R. L. Brown, Crosby, Gilliard, Horne, Mack, McCoy, Murphy, Ryan, Sottile, Stavrinakis, Whipper and Jefferson: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF INTERSTATE HIGHWAY 526 AND UNITED STATES HIGHWAY 17 NORTH IN CHARLESTON COUNTY "REPRESENTATIVE H. B. 'CHIP' LIMEHOUSE III INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "REPRESENTATIVE H. B. 'CHIP' LIMEHOUSE III INTERCHANGE".
H. 4307 (Word version) -- Reps. J. E. Smith, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR NADÈGE VAUTHIER-KELLER OF RICHLAND COUNTY, FRENCH TEACHER AT HEATHWOOD HALL EPISCOPAL SCHOOL, UPON BEING NAMED 2011 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION (SCISA) UPPER SCHOOL TEACHER OF THE YEAR, AND TO EXTEND SINCERE APPRECIATION FOR HER MANY OUTSTANDING CONTRIBUTIONS TO EDUCATION IN SOUTH CAROLINA.
At 4:30 p.m. the House, in accordance with the motion of Rep. BRANTLEY, adjourned in memory of Mary T. Zinnerman of Ridgeland, to meet at 10:00 a.m. tomorrow.
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