South Carolina General Assembly
119th Session, 2011-2012
Journal of the House of Representatives


Printed Page 2322 . . . . . Wednesday, April 13, 2011

Wednesday, April 13, 2011
(Statewide Session)

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 Psalm 112:7: "They are not afraid of evil tidings; their hearts are firm, secure in the Lord."
Let us pray. Faithful Lord, teach us the importance of keeping our promises to do the work for the people of this State. Nurture these Representatives as Your servants, dear God, that their lives may blossom and bless those they serve. Continue the work You have begun in them. Bless our Nation, President, State, Governor, Speaker, staff, and all who serve and support them. Protect our defenders of freedom as they protect us. Heal the wounds of our brave warriors, those seen and those unseen. Hear us, 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.

MOTION ADOPTED

Rep. ANTHONY moved that when the House adjourns, it adjourn in memory of former Mayor Bill Stribling of Spartanburg, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the family of Representative Edge in the death of his mother.


Printed Page 2323 . . . . . Wednesday, April 13, 2011

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 4183
Agency: Department of Labor, Licensing and Regulation - Building Codes Council
Statutory Authority: 1976 Code Section 6-9-40
International Residential Code
Received by Speaker of the House of Representatives
April 13, 2011
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration March 19, 2012

Document No. 4184
Agency: Department of Labor, Licensing and Regulation - Building Codes Council
Statutory Authority: 1976 Code Section 6-9-40
Update of International and National Codes
Received by Speaker of the House of Representatives
April 13, 2011
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration March 19, 2012

Document No. 4182
Agency: Commissioners of Pilotage
Statutory Authority: 1976 Code Sections 40-1-70 and 54-15-140
Licensure for the Savannah River
Received by Speaker of the House of Representatives
April 13, 2011
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration March 19, 2012

REPORTS OF STANDING COMMITTEES

Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

H. 3111 (Word version) -- Reps. Young, Sandifer, Hayes and D. C. Moss: A BILL TO AMEND SECTION 38-73-525, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT


Printed Page 2324 . . . . . Wednesday, April 13, 2011

AN INSURER WRITING A WORKERS' COMPENSATION POLICY SHALL FILE CERTAIN INFORMATION ON WHICH IT RELIES TO SUPPORT ITS RATE REQUEST, SO AS TO REQUIRE THE INSURER TO ADOPT THE MOST RECENT LOSS COST WITHIN ONE HUNDRED TWENTY DAYS OF APPROVAL OF THE LOSS COSTS; AND TO AMEND SECTION 38-73-1210, RELATING TO THE REQUIREMENT THAT ITS OBLIGATION TO MAKE CERTAIN FILINGS MAY BE SATISFIED BY MAKING FILINGS AS A MEMBER OF, OR SUBSCRIBER TO, A LICENSED RATING ORGANIZATION THAT MAKES FILINGS, SO AS TO REQUIRE THESE FILINGS BE RULE AND FORM FILINGS AND NOT LOSS COST ADOPTION FILINGS, AND REQUIRE THE INSURER TO FILE FOR CERTAIN APPROVAL IF THE RATING ORGANIZATION TO WHICH IT SUBSCRIBES HAS A RATE INCREASE WITHIN TWELVE MONTHS AFTER THE INSURER BECOMES A MEMBER.
Ordered for consideration tomorrow.

Rep. HARDWICK, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

H. 3865 (Word version) -- Reps. Hardwick, Quinn, Barfield, Hearn, Tallon, Ballentine, D. C. Moss, Mitchell, J. H. Neal, Hodges, G. M. Smith, Pinson, Herbkersman, Hiott, R. L. Brown, Whipper, Forrester, Toole, Hayes, Butler Garrick, Chumley, J. E. Smith, Atwater, Huggins, Clemmons, Pitts, Edge, Dillard, Ryan, Vick, J. R. Smith, Knight, Long, Crosby, Hixon, Murphy, Stringer, Owens, Bikas, Viers and Ott: A BILL TO AMEND ARTICLE 1, CHAPTER 1, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL FISH AND GAME PROVISIONS, BY ADDING SECTION 50-1-160 SO AS TO PERMIT THE DEPARTMENT TO RELEASE A SEIZED VEHICLE, BOAT, MOTOR, OR FISHING DEVICE UNDER CERTAIN CONDITIONS; TO AMEND ARTICLE 3, CHAPTER 13, TITLE 50, RELATING TO USE OF SEINES, TRAPS, AND LIKE DEVICES, SO AS TO REVISE AND FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THESE DEVICES MAY BE USED AND TO PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING ARTICLE 5 TO CHAPTER 13, TITLE 50 SO AS TO PROVIDE FOR CERTAIN UNLAWFUL FRESHWATER ACTIONS AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND ARTICLE 6, CHAPTER 13, TITLE 50,


Printed Page 2325 . . . . . Wednesday, April 13, 2011

RELATING TO THE PROTECTION OF NONGAME FISH, SO AS TO FURTHER PROVIDE FOR THE USE OF NONGAME FISHING DEVICES AND THE TAKING OF NONGAME FISH IN THE FRESHWATERS OF THIS STATE, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS AND FOR SPECIFIED EXCEPTIONS TO THESE PROVISIONS; TO AMEND ARTICLE 11, CHAPTER 13, TITLE 50, RELATING TO THE SALE AND TRAFFIC IN FISH, SO AS TO REVISE CERTAIN PROVISIONS IN THE ARTICLE PERTAINING TO PROHIBITED PRACTICES IN REGARD TO THE SALE OR TRAFFICKING IN FISH AND ADD OTHER PROVISIONS WITH PENALTIES FOR VIOLATIONS; TO AMEND ARTICLE 13, CHAPTER 13, TITLE 50, RELATING TO FISH HATCHERIES AND SANCTUARIES AND PROPAGATION, SO AS TO REVISE AND FURTHER PROVIDE FOR ACTIONS THE DEPARTMENT MAY TAKE IN REGARD TO FISH HATCHERIES, SANCTUARIES, AND THE PROPAGATION OF FISH AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND ARTICLE 13, CHAPTER 19, TITLE 50, RELATING TO THE HORRY COUNTY FISH AND GAME COMMISSION, SO AS TO DELETE THE PROVISIONS OF THE ARTICLE AND INSTEAD PROVIDE FOR THE PERMITTED USE OF NONGAME DEVICES ON THE LITTLE PEE DEE RIVER FOR A PERIOD OF THREE YEARS; AND TO REPEAL SECTIONS 50-13-1450 RELATING TO PRIMA FACIE EVIDENCE OF USING EXPLOSIVES TO TAKE FISH; 50-13-385 RELATING TO MINIMUM SIZE FOR LARGE MOUTH BASS IN LAKE WYLIE; 50-13-390 RELATING TO DAILY LIMIT ON ARKANSAS BLUE CATFISH; AND 50-13-400 RELATING TO LAKE MURRAY CRAPPIE CREEL AND SIZE LIMITS.
Ordered for consideration tomorrow.

Rep. HARDWICK, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

H. 3772 (Word version) -- Reps. Hardwick, Vick and Hixon: A BILL TO AMEND CHAPTER 26, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF AGRICULTURAL LIMING MATERIALS, SO AS TO PROVIDE FOR REGULATION OF LANDPLASTER, TO REVISE CERTAIN REPORTING REQUIREMENTS, AND TO REVISE THE


Printed Page 2326 . . . . . Wednesday, April 13, 2011

PROVISIONS RELATING TO THE PAYMENT OF ASSESSMENTS LEVIED BY THE STATE CROP PEST COMMISSION.
Ordered for consideration tomorrow.

Rep. HARDWICK, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

H. 3744 (Word version) -- Reps. Erickson and Sandifer: A BILL TO AMEND SECTION 40-65-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PROVISIONS CONCERNING SOIL CLASSIFIERS, SO AS TO REVISE THE EXEMPTIONS.
Ordered for consideration tomorrow.

Rep. HARDWICK, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3730 (Word version) -- Reps. Munnerlyn, Sabb, Vick, Hayes, Tribble and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-450 SO AS TO PROVIDE THAT A COMMERCIAL FUR LICENSE, IN ADDITION TO A STATE HUNTING LICENSE IS REQUIRED OF ALL PERSONS WHO SELL OR TAKE FURBEARING ANIMALS BY ANY MEANS, EXCEPT A PROCESSOR, MANUFACTURER, OR RETAILER, AND TO PROVIDE THAT A PERSON UNDER THE AGE OF SIXTEEN MAY PURCHASE A COMMERCIAL FUR LICENSE WITHOUT HAVING TO PURCHASE A STATE HUNTING LICENSE AFTER COMPLETING THE TRAPPERS EDUCATION COURSE; TO AMEND SECTION 50-11-40, RELATING TO THE UNLAWFUL USE OF RECORDED SOUNDS OR AMPLIFIED IMITATIONS OF CALLS OR SOUNDS BY A PERSON TO HUNT, CATCH, TAKE, OR KILL A GAME BIRD OR GAME ANIMAL OR ATTEMPT TO HUNT, CATCH, TAKE, OR KILL A GAME BIRD OR GAME ANIMAL BY USE OF THESE MEANS, SO AS TO DELETE THE PROVISION THAT MAKES IT UNLAWFUL TO CATCH OR KILL A GAME BIRD OR GAME ANIMAL OR ATTEMPT TO CATCH OR KILL A GAME BIRD OR GAME ANIMAL BY USE OF THESE MEANS AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO THE HUNTING AND TAKING OF COYOTES; TO AMEND SECTION 50-11-1080,


Printed Page 2327 . . . . . Wednesday, April 13, 2011

RELATING TO THE DEPARTMENT OF NATURAL RESOURCES DECLARING OPEN SEASON ON COYOTES, SO AS TO PROVIDE THAT THERE IS NO CLOSED SEASON FOR HUNTING OR TAKING COYOTES WITH WEAPONS; TO AMEND SECTION 50-11-2400, RELATING TO DEFINITIONS OF CERTAIN TERMS THAT PERTAIN TO THE TRAPPING OF FURBEARING ANIMALS, SO AS TO REVISE THE DEFINITION OF THE TERMS "FURBEARING ANIMAL" AND "COMMERCIAL PURPOSES", AND TO PROVIDE DEFINITIONS FOR THE TERMS "OWNER" AND "AGENT"; TO AMEND SECTION 50-11-2430, RELATING TO REQUIRING A FUR TRAPPER TO CARRY PROOF THAT HE IS THE OWNER OF THE PROPERTY ON WHICH HE SETS HIS TRAPS, OR HAS PERMISSION FROM THE OWNER OF THE PROPERTY UPON WHICH HIS TRAPS ARE SET, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 50-11-2440, RELATING TO REQUIRING A TRAPPER TO VISIT HIS TRAPS DAILY, SO AS TO MODIFY THE FREQUENCY THAT A TRAPPER MUST VISIT HIS TRAPS; TO AMEND SECTION 50-11-2445, RELATING TO THE REMOVAL OF TRAPPED WILDLIFE BY THE OWNERS OF TRAPS, SO AS TO ALLOW A TRAP OWNER'S DESIGNEE TO REMOVE WILDLIFE FROM HIS TRAPS, AND TO PROVIDE THAT A DESIGNEE MUST POSSESS WRITTEN PERMISSION FROM THE TRAP'S OWNER TO ACT ON HIS BEHALF AND MUST MEET ALL COMMERCIAL FUR LICENSING REQUIREMENTS OR BE LISTED ON A VALID DEPREDATION PERMIT; TO AMEND SECTION 50-11-2460, RELATING TO CERTAIN TRAPS THAT ARE ALLOWED FOR TRAPPING, SO AS TO MAKE TECHNICAL CHANGES, TO DELETE THE PROVISION THAT RESTRICTS THE TYPES OF TRAPS THAT ARE ALLOWED TO THOSE THAT ARE IN ACCORDANCE WITH APPROVED COMMERCIAL FUR LICENSES, TO ALLOW FOR THE USE OF LIVE TRAPS TO CAPTURE CERTAIN FERAL ANIMALS, TO REVISE THE SIZE OF FOOT-HOLD TRAPS THAT ARE ALLOWABLE, TO PROVIDE THAT SMALL SNAP, BOX, AND OTHER TRAPS ARE ALLOWED FOR TRAPPING; TO AMEND SECTION 50-11-2475, RELATING TO THE ISSUANCE OF A FUR PROCESSOR'S LICENSE, SO AS TO REVISE THE COST OF THE LICENSE, TO REQUIRE A TAXIDERMIST TO KEEP A DAILY REGISTER OF THE NAME AND ADDRESS OF EACH PERSON FROM WHOM A FURBEARING ANIMAL IS RECEIVED ALONG WITH OTHER


Printed Page 2328 . . . . . Wednesday, April 13, 2011

INFORMATION ABOUT THE ANIMAL, AND TO MAKE TECHNICAL CHANGES; AND TO REPEAL SECTIONS 50-11-1060, 50-11-1070, AND 50-11-2420 RELATING TO THE ISSUANCE OF A COMMERCIAL FUR LICENSE, THE ISSUANCE OF A PERMIT TO POISON PREDATORY ANIMALS, AND THE KILLING OF BOBCATS.
Ordered for consideration tomorrow.

Rep. HARDWICK, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3470 (Word version) -- Reps. Pitts, Knight, Loftis and Toole: A BILL TO AMEND SECTION 44-53-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST USING, SELLING, OR MANUFACTURING CLEANING AGENTS CONTAINING PHOSPHATES, SO AS TO INCLUDE HOUSEHOLD DISHWASHING DETERGENTS IN THIS PROHIBITION; TO FURTHER SPECIFY CRITERIA FOR AND TYPES OF CLEANING AGENTS EXEMPT FROM THIS PROHIBITION; TO PROVIDE A CRIMINAL OFFENSE FOR SECOND AND SUBSEQUENT VIOLATIONS; TO AUTHORIZE THE SALE OF PROHIBITED CLEANING AGENTS THAT ARE IN A RETAILER'S INVENTORY ON JULY 1, 2011; AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REPORT ON THE AVAILABILITY, EFFECTIVENESS, AND COST OF NONPHOSPHATE COMMERCIAL DISHWASHING DETERGENT.
Ordered for consideration tomorrow.

Rep. HARDWICK, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3687 (Word version) -- Reps. J. E. Smith, Bingham and Huggins: A BILL TO AMEND SECTION 50-5-2310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL EXHIBIT OF A MARINE MAMMAL IN THIS STATE AND PROVIDING PENALTIES FOR VIOLATION, SO AS TO PROHIBIT THE DISPLAY OF A WILD CAUGHT OR CAPTIVE-BRED DOLPHIN OR WHALE AND TO REQUIRE THE MARINE MAMMAL


Printed Page 2329 . . . . . Wednesday, April 13, 2011

STRANDING NETWORK TO ATTEMPT TO REHABILITATE AND TO RELEASE ANY BEACH-STRANDED WHALE OR DOLPHIN AND TO PROVIDE PENALTIES.
Ordered for consideration tomorrow.

Rep. HARDWICK, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3617 (Word version) -- Reps. Pitts, R. L. Brown, Allen, Bales, Brady, Knight, Ballentine, McLeod, Willis, Toole and Sellers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-95 SO AS TO PROVIDE THAT A SEWAGE SYSTEM, OR ITS TREATMENT WORKS, THAT HAS HAD THREE OR MORE SEWAGE SPILLS IN A TWELVE-MONTH PERIOD MUST COMPLETE A COMPREHENSIVE REVIEW OF THEIR OPERATIONS; TO PROVIDE FOR THE COMPREHENSIVE REVIEW; TO PROVIDE FOR THE DEVELOPMENT AND IMPLEMENTATION OF AN ACTION PLAN TO ADDRESS ISSUES RAISED IN THE COMPREHENSIVE REVIEW; TO PROVIDE SPENDING PRIORITIES FOR WASTEWATER UTILITIES THAT LACK FUNDS FOR IMPLEMENTING AN ACTION PLAN; TO PROVIDE THAT WASTEWATER UTILITIES THAT DEVELOP AN ACTION PLAN HAVE PRIORITY FOR STATE FUNDS OR STATE-DIRECTED FEDERAL FUNDS; AND TO PROVIDE THAT REPETITIVE SPILLS MUST BE FORWARDED TO AND RECORDED BY THE SOUTH CAROLINA ENVIRONMENTAL CERTIFICATION BOARD.
Ordered for consideration tomorrow.

Rep. HARDWICK, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:

H. 3864 (Word version) -- Reps. Hardwick, Quinn, Barfield, Hearn, Tallon, Herbkersman, Hiott, Hodges, G. M. Smith, Pinson, Ballentine, D. C. Moss, Mitchell, J. H. Neal, R. L. Brown, Whipper, Toole, Forrester, Butler Garrick, Hayes, Chumley, J. E. Smith, Atwater, Owens, Bikas, Crosby, Hixon, Murphy, Stringer, Clemmons, Pitts, Edge, Viers, Dillard, Ryan, Vick, J. R. Smith, Knight, Long, Huggins


Printed Page 2330 . . . . . Wednesday, April 13, 2011

and Ott: A BILL TO AMEND ARTICLE 1, CHAPTER 13, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON FISHING GENERALLY, SO AS TO REVISE THE PROVISIONS OF THE ARTICLE TO GOVERN CERTAIN FISHING ACTIVITIES IN THE FRESHWATERS OF THIS STATE AND TO PROVIDE PENALTIES FOR SPECIFIC VIOLATIONS; BY ADDING ARTICLE 2 TO CHAPTER 13, TITLE 50 SO AS TO PROVIDE FOR CERTAIN REGULATION OF AND THE PROTECTION FOR FRESHWATER GAME FISH; TO AMEND ARTICLE 13, CHAPTER 13, TITLE 50, RELATING TO FISH HATCHERIES AND SANCTUARIES, BY ADDING SECTION 50-13-1995 SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PERMIT THE FEDERAL GOVERNMENT TO CONDUCT FISH AND SCIENTIFIC INVESTIGATIONS IN THE WATERS OF THIS STATE IN CONNECTION WITH HATCHERY OPERATIONS OR MANAGEMENT OF THOSE SPECIES UNDER FEDERAL JURISDICTION; AND TO REPEAL SECTIONS 50-13-610 RELATING TO LAWFUL TAKING OF FISH IN GAME ZONE NO. 1; 50-13-620 RELATING TO PENALTIES APPLICABLE TO FISHING VIOLATIONS IN GAME ZONE NO. 1; 50-13-680 RELATING TO PERMITS REQUIRED FOR TAKING FISH IN CERTAIN PONDS IN MARLBORO COUNTY; 50-13-690 RELATING TO THE USE OF NETS OR OTHER DEVICES TO TAKE NONGAME FISH FROM PRIVATE PONDS IN CHESTERFIELD COUNTY; 50-13-730 RELATING TO THE USE OF NETS TO TAKE NONGAME FISH IN THE FRESHWATERS OF THIS STATE; AND 50-13-2010 RELATING TO THE SHELLEY LAKE FISH SANCTUARY IN MARION COUNTY.
Ordered for consideration tomorrow.

Rep. HARDWICK, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

H. 3873 (Word version) -- Rep. Vick: A BILL TO AMEND SECTION 50-5-1507, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ZONES, SEASONS, TIMES, CATCH AND SIZE LIMITS, METHODS, AND EQUIPMENT FOR TAKING HERRING, SO AS TO REVISE THE SEASONS, TIMES, AND SIZE AND TAKE LIMITS FOR HERRING, AND THE METHODS AND EQUIPMENT


Printed Page 2331 . . . . . Wednesday, April 13, 2011

WHICH APPLY AND TO PROVIDE FOR THE AREAS IN WHICH CERTAIN OF THESE PROVISIONS APPLY.
Ordered for consideration tomorrow.

Rep. HARDWICK, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

H. 3897 (Word version) -- Reps. Stringer and Ballentine: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL PROTECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4132, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4067 (Word version) -- Reps. Sandifer and Whitmire: A HOUSE RESOLUTION TO CONGRATULATE JOHN H. KELLEY OF COLUMBIA ON RECEIVING THE 2011 ADVANCED NATIONAL EXCELLENCE IN EDUCATION AWARD FOR HIS UNPARALLELED LEADERSHIP IN PROMOTING AND ADVANCING EXCELLENCE THROUGH BOTH PROFESSIONAL AND VOLUNTEER SERVICE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4068 (Word version) -- Reps. Horne, Harrell, Murphy, Knight, 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, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges,


Printed Page 2332 . . . . . Wednesday, April 13, 2011

Hosey, Howard, Huggins, Jefferson, Johnson, King, 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, 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, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR PINEWOOD PREPARATORY SCHOOL GIRLS VARSITY GOLF TEAM, AND TO CONGRATULATE THE TEAM MEMBERS AND COACHES FOR A SUCCESSFUL SEASON AND FOR GARNERING THE 2010 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4069 (Word version) -- Reps. Horne, Harrell, Murphy, Knight, 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, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Hosey, Howard, Huggins, Jefferson, Johnson, King, 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, 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, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE PINEWOOD


Printed Page 2333 . . . . . Wednesday, April 13, 2011

PREPARATORY SCHOOL GIRLS VARSITY GOLF TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM FOR AN OUTSTANDING SEASON AND FOR CAPTURING THE 2010 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Pinewood Preparatory School girls varsity golf team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending them for an outstanding season and for capturing the 2010 South Carolina Independent School Association Class AAA State Championship title.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4074 (Word version) -- Rep. Allen: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SOUTHSIDE HIGH SCHOOL FORENSIC TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM FOR GARNERING THE 2011 CLASS AAA OVERALL STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, extend the privilege of the floor of the South Carolina House of Representatives to the Southside High School forensic team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and


Printed Page 2334 . . . . . Wednesday, April 13, 2011

commending them for garnering the 2011 Class AAA Overall State Championship title.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4075 (Word version) -- Rep. Allen: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE SOUTHSIDE HIGH SCHOOL FORENSIC TEAM OF GREENVILLE COUNTY FOR A PRIZEWINNING YEAR, AND TO CONGRATULATE THE TEAM MEMBERS AND COACH ERICKSON BYNUM FOR THEIR DISTINGUISHED PERFORMANCE IN GARNERING THE 2011 CLASS AAA OVERALL STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4076 (Word version) -- Reps. Knight, Horne, Murphy, Harrell, 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, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Hosey, Howard, Huggins, Jefferson, Johnson, King, 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, 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, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE DORCHESTER


Printed Page 2335 . . . . . Wednesday, April 13, 2011

ACADEMY FOOTBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM FOR AN OUTSTANDING SEASON AND FOR GARNERING THE 2010 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS A STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Dorchester Academy football team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending them for an outstanding season and for garnering the 2010 South Carolina Independent School Association Class A State Championship title.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4077 (Word version) -- Reps. Knight, Horne, Murphy, Harrell, 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, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Hosey, Howard, Huggins, Jefferson, Johnson, King, 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, 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, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE DORCHESTER ACADEMY


Printed Page 2336 . . . . . Wednesday, April 13, 2011

FOOTBALL TEAM FOR AN EXCEPTIONAL SEASON, AND TO CONGRATULATE THE PLAYERS AND THEIR COACHES FOR CAPTURING THE 2010 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS A STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4078 (Word version) -- Reps. Allison, Agnew, Alexander, Allen, 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, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE JO LYNN ALLEN FOR HER MANY YEARS OF FAITHFUL SERVICE AS AN EDUCATOR IN SOUTH CAROLINA UPON THE OCCASION OF HER RETIREMENT AND TO WISH HER THE BEST IN ALL HER FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4085 (Word version) -- Reps. Clemmons, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield,


Printed Page 2337 . . . . . Wednesday, April 13, 2011

Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, 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, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR CORPORAL BRIAN TRUEX OF THE MYRTLE BEACH POLICE DEPARTMENT FOR OUTSTANDING LEADERSHIP AND SERVICE TO THE FORCE AND TO HIS SURROUNDING COMMUNITY, AND TO CONGRATULATE HIM FOR BEING NAMED THE MYRTLE BEACH ROTARY CLUB 2010 "OFFICER JOE MCGARRY MEMORIAL POLICE OFFICER OF THE YEAR".

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4086 (Word version) -- Reps. Gilliard and Harrell: A HOUSE RESOLUTION TO RECOGNIZE THE BEAR E PATCH CAFÉ OF CHARLESTON AND COMMEND ITS OWNERS AND STAFF FOR THEIR SERVICE TO THE COMMUNITY.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4079 (Word version) -- Reps. Harrell, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield,


Printed Page 2338 . . . . . Wednesday, April 13, 2011

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, 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, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE IBM CORPORATION UPON THE OCCASION OF ITS CENTENNIAL ANNIVERSARY.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 801 (Word version) -- Senators Sheheen, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Elliott, Fair, Ford, 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, Scott, Setzler, Shoopman, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DARLA MOORE, LAKE CITY NATIVE, FAMED BUSINESSWOMAN, AND COMMITTED PHILANTHROPIST, FOR HER MANY YEARS OF SERVICE TO THE PALMETTO STATE AND MOST PARTICULARLY TO THE UNIVERSITY OF SOUTH CAROLINA.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.


Printed Page 2339 . . . . . Wednesday, April 13, 2011

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 802 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION TO DESIGNATE THE THIRD WEEK IN APRIL 2011 AS "SHAKEN BABY SYNDROME AWARENESS WEEK" TO RAISE AWARENESS REGARDING SHAKEN BABY SYNDROME AND TO COMMEND THE HOSPITALS, CHILD CARE COUNCILS, SCHOOLS, AND OTHER ORGANIZATIONS THAT EDUCATE PARENTS AND CAREGIVERS ON HOW TO PROTECT CHILDREN FROM ABUSE.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 4070 (Word version) -- Rep. Pitts: A BILL TO AMEND SECTION 16-17-680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF NONFERROUS METALS, SO AS TO REQUIRE ALL TRANSACTIONS TOTALING OVER ONE HUNDRED DOLLARS FOR THE PURCHASE OF NONFERROUS METALS TO BE PAID BY CHECK.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4071 (Word version) -- Reps. Sandifer and Brady: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-295 SO AS TO PROVIDE THAT A PERSON OR GROUP INVOLVED IN PROVIDING PRESCRIPTION BENEFITS TO A PATIENT MUST MAKE AVAILABLE ALL INFORMATION NECESSARY TO COMPLY WITH PROVISIONS OF INSURANCE LAW CONCERNING ELECTRONIC PRESCRIPTIONS; AND TO AMEND SECTION 44-117-320, RELATING TO ELECTRONIC PRESCRIPTIONS, SO AS TO PROVIDE ELECTRONIC PRESCRIPTION HARDWARE AND SOFTWARE REQUIREMENTS.
Referred to Committee on Labor, Commerce and Industry


Printed Page 2340 . . . . . Wednesday, April 13, 2011

H. 4072 (Word version) -- Reps. Toole, Brantley, Atwater, Quinn, Huggins, Bingham, Corbin, Erickson, Frye, Pinson, Patrick, Crawford, Battle, Hamilton, Hearn, Henderson, Pitts, J. R. Smith and Stringer: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE ON GOVERNMENT PRIVATIZATION; TO PROVIDE FOR THE MEMBERSHIP, POWERS, DUTIES, AND FUNCTIONS OF THE COMMITTEE; TO PROVIDE A PROCEDURE FOR THE SUBMISSION, CONSIDERATION, APPROVAL, AND IMPLEMENTATION OF RECOMMENDATIONS OF THE STUDY COMMITTEE; TO PROVIDE FOR STAFF SUPPORT AND FINANCES FOR THE STUDY COMMITTEE; TO PROVIDE FOR COOPERATION WITH AND SUPPORT FOR THE STUDY COMMITTEE; TO PROVIDE FOR THE APPLICABILITY OF OTHER LAWS; AND TO PROVIDE FOR ITS TERMINATION.
Referred to Committee on Judiciary

H. 4073 (Word version) -- Reps. Brady, H. B. Brown, Sellers, Merrill and Spires: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 85 TO TITLE 40 SO AS TO ENACT THE "REGISTERED INTERIOR DESIGNER PRACTICE ACT", TO PROVIDE FOR THE APPLICABILITY OF THE CHAPTER, TO STATE THE PURPOSE OF THE CHAPTER, TO DEFINE TERMS, TO CREATE THE SOUTH CAROLINA REGISTERED INTERIOR DESIGNERS BOARD, TO PROVIDE FOR THE COMPOSITION, TERMS, DUTIES, AND POWERS OF THE BOARD, TO PROVIDE REQUIREMENTS FOR REGISTRATION AND RENEWAL OF REGISTRATION OF A REGISTERED INTERIOR DESIGNER, TO PROVIDE CONTINUING EDUCATION REQUIREMENTS, AND TO PROVIDE REGISTRATION AND RENEWAL REQUIREMENTS, AMONG OTHER THINGS.
Referred to Committee on Labor, Commerce and Industry

H. 4080 (Word version) -- Rep. Hosey: A BILL TO AMEND SECTION 13-7-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE ATOMIC ENERGY AND RADIATION CONTROL ACT, SO AS TO CHANGE THE DEFINITIONS OF "DECOMMISSIONING TRUST FUND" AND "EXTENDED CARE MAINTENANCE FUND"; BY AMENDING SECTION 13-7-20, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DIVISION OF STATE DEVELOPMENT WITHIN THE DEPARTMENT OF COMMERCE, SO AS TO EXPAND AND


Printed Page 2341 . . . . . Wednesday, April 13, 2011

CLARIFY CERTAIN DUTIES CONCERNING SUPPORT OF ATOMIC ENERGY DEVELOPMENT AND INDUSTRIAL ACTIVITIES AND FUNDING SOURCES FOR THESE FUNCTIONS; TO AMEND SECTION 13-7-30, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO PROVIDE FOR THE USE OF INTEREST EARNED FROM THE COLLECTION OF CERTAIN FEES RELATED TO THE CUSTODIAL HOLDING OF RADIOACTIVE MATERIALS; AND TO AMEND SECTION 13-7-40, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO CHANGE THE COMPOSITION OF THE MEMBERSHIP OF THE TECHNICAL ADVISORY RADIATION CONTROL COUNCIL.
Referred to Committee on Labor, Commerce and Industry

H. 4081 (Word version) -- Rep. Funderburk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-17-55 SO AS TO PROHIBIT THE USE OF PUBLIC FUNDS TO EMPLOY OR CONTRACT WITH A PERSON WHOSE ACTIVITIES INCLUDE THOSE RELATED TO LOBBYING AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Judiciary

H. 4082 (Word version) -- Reps. Vick and Edge: A BILL TO AMEND SECTION 38-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE INSURANCE PREMIUM TAX, SO AS TO PROVIDE THAT SEVEN PERCENT OF THE ANNUAL REVENUE OF THIS TAX MUST BE TRANSFERRED TO THE SOUTH CAROLINA FORESTRY COMMISSION AND USED BY IT FOR FIREFIGHTING AND FIREFIGHTING EQUIPMENT REPLACEMENT AND FOREST INDUSTRY ECONOMIC ENHANCEMENT.
Referred to Committee on Ways and Means

H. 4083 (Word version) -- Reps. Rutherford and Brannon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-915 SO AS TO PROVIDE THAT A MAGISTRATE MAY NOT COMMENCE A TRIAL OR ANOTHER PROCEEDING, OR REQUIRE AN ATTORNEY TO APPEAR OR BE PRESENT IN


Printed Page 2342 . . . . . Wednesday, April 13, 2011

COURT, ON SATURDAY, SUNDAY, OR AFTER FIVE O'CLOCK ON A WEEKDAY EXCEPT IN THE CASE OF AN EMERGENCY AND TO PROVIDE CERTAIN MINIMUM LEVELS OF COMPENSATION FOR JURORS AND OVERTIME PAY FOR COURT PERSONNEL IN THE EVENT OF AN EMERGENCY.
Referred to Committee on Judiciary

H. 4084 (Word version) -- Reps. Tallon, Bannister, Brannon, Cole, Dillard, Forrester, Mitchell and G. R. Smith: A BILL TO AMEND ARTICLE 3, CHAPTER 11, TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT AND COMMISSION, BY ADDING SECTION 55-11-240 SO AS TO PROVIDE THAT A BUSINESS ESTABLISHMENT LOCATED WITHIN A BUILDING ON THE GROUNDS OF THE GREENVILLE-SPARTANBURG INTERNATIONAL AIRPORT WHERE THE POSSESSION, SALE, AND CONSUMPTION OF ALCOHOLIC LIQUORS BY THE DRINK IS PERMITTED ON ITS LICENSED PREMISES MAY APPLY FOR AND RECEIVE A TEMPORARY PERMIT AUTHORIZED BY SECTION 61-6-2010 TO ALLOW THE POSSESSION, SALE, AND CONSUMPTION OF ALCOHOLIC LIQUORS BY THE DRINK FOR A PERIOD NOT TO EXCEED TWENTY-FOUR HOURS ON ITS LICENSED PREMISES IF ANY COUNTY WITHIN THE TERRITORY OF THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT OR ANY MUNICIPALITY LOCATED WITHIN THE TERRITORY OF THE DISTRICT HAS APPROVED, BY REFERENDUM, THE ISSUANCE OF THESE TEMPORARY PERMITS.
Referred to Spartanburg Delegation

S. 53 (Word version) -- Senators L. Martin, Leventis and Ford: A BILL TO AMEND CHAPTER 3, TITLE 16 OF THE 1976 CODE, BY ADDING ARTICLE 19 TO ESTABLISH A PROCEDURE FOR THE ISSUANCE OF PERMANENT AND EMERGENCY CIVIL NO-CONTACT ORDERS UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR THE DURATION OF CIVIL NO-CONTACT ORDERS, TO PROVIDE NECESSARY DEFINITIONS, TO PROVIDE A PENALTY FOR THE VIOLATION OF CIVIL NO-CONTACT ORDERS.
Referred to Committee on Judiciary


Printed Page 2343 . . . . . Wednesday, April 13, 2011

S. 78 (Word version) -- Senators Hayes, Lourie and L. Martin: A BILL TO AMEND SECTION 44-53-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATERIALS, COMPOUNDS, MIXTURES, AND PREPARATIONS CLASSIFIED AS SCHEDULE I DRUGS, SO AS TO ADD SYNTHETIC CANNABIS TO THE LIST OF SCHEDULE I DRUGS.
Referred to 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.
Referred to Committee on Judiciary

S. 394 (Word version) -- Senator Rose: A BILL TO AMEND SECTION 14-11-10, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE ESTABLISHMENT OF THE MASTER-IN-EQUITY COURT, SO AS TO PERMIT A COUNTY WITH A POPULATION OF MORE THAN ONE HUNDRED THIRTY THOUSAND BUT LESS THAN ONE HUNDRED FIFTY THOUSAND TO HAVE A PART-TIME OR A FULL-TIME MASTER-IN-EQUITY AS DETERMINED BY THE GOVERNING BODY OF THE COUNTY OR COUNTIES IN WHICH THE MASTER-IN-EQUITY SERVES; AND TO AMEND SECTION 14-11-30, RELATING TO THE COMPENSATION OF A MASTER-IN-EQUITY, SO AS TO ALLOW A PART-TIME MASTER-IN-EQUITY IN CITIES OR COUNTIES WITH


Printed Page 2344 . . . . . Wednesday, April 13, 2011

POPULATIONS OF ONE HUNDRED THIRTY THOUSAND OR GREATER.
Referred to Committee on Judiciary

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Agnew                  Alexander              Allen
Allison                Anderson               Anthony
Atwater                Bales                  Bannister
Barfield               Battle                 Bedingfield
Bikas                  Bingham                Bowen
Bowers                 Brady                  Branham
Brannon                Brantley               R. L. Brown
Butler Garrick         Chumley                Clemmons
Clyburn                Cobb-Hunter            Cole
Crosby                 Daning                 Delleney
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                Knight
Loftis                 Long                   Lowe
Lucas                  Mack                   McCoy
McEachern              McLeod                 Merrill
Mitchell               D. C. Moss             V. S. Moss
Munnerlyn              Murphy                 Nanney
J. M. Neal             Neilson                Norman
Ott                    Owens                  Parks
Patrick                Pitts                  Pope
Quinn                  Rutherford             Ryan
Sabb                   Sandifer               Sellers
Skelton                G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Spires                 Stringer               Tallon
Taylor                 Thayer                 Toole
Tribble                Viers                  Weeks

Printed Page 2345 . . . . . Wednesday, April 13, 2011

White                  Whitmire               Williams
Willis                 Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, April 13.

Grady Brown                       Lewis E. Pinson
Gary Simrill                      Leon Stavrinakis
Ted Vick                          Jackson "Seth" Whipper
H. B. "Chip" Limehouse
J. H. "Joe" Neal
Tom Corbin   Kris Crawford
H. Boyd Brown

Total Present--118

LEAVE OF ABSENCE

The SPEAKER granted Rep. UMPHLETT a leave of absence for the day due to medical reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. BALLENTINE a leave of absence for the day due to business reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. PARKER a leave of absence for the day due to medical reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. KING a leave of absence for the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HARRISON a leave of absence for the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. COOPER a leave of absence for the day.


Printed Page 2346 . . . . . Wednesday, April 13, 2011

STATEMENT OF ATTENDANCE

Rep. VICK signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, April 12.

DOCTOR OF THE DAY

Announcement was made that Dr. Stanley Baker of Greenwood was the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

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."

CO-SPONSORS ADDED

Bill Number:   H. 3083 (Word version)
Date:   ADD:
04/13/11   H. B. BROWN, RYAN, WHIPPER and R. L. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 3713 (Word version)
Date:   ADD:
04/13/11   VIERS

CO-SPONSOR ADDED

Bill Number:   H. 3762 (Word version)
Date:   ADD:
04/13/11   VIERS


Printed Page 2347 . . . . . Wednesday, April 13, 2011

CO-SPONSORS ADDED

Bill Number:   H. 3864 (Word version)
Date:   ADD:
04/13/11   CHUMLEY, J. E. SMITH, ATWATER, OWENS, BIKAS, CROSBY, HIXON, MURPHY, CLEMMONS, PITTS, EDGE, VIERS, DILLARD, RYAN, VICK, J. R. SMITH, KNIGHT, LONG, HUGGINS, STRINGER and OTT

CO-SPONSORS ADDED

Bill Number:   H. 3865 (Word version)
Date:   ADD:
04/13/11   CHUMLEY, J. E. SMITH, ATWATER, HUGGINS, CLEMMONS, PITTS, EDGE, VIERS, DILLARD, RYAN, VICK, J. R. SMITH, KNIGHT, LONG, CROSBY, HIXON, MURPHY, STRINGER, OWENS, BIKAS and OTT

CO-SPONSOR ADDED

Bill Number:   H. 3956 (Word version)
Date:   ADD:
04/13/11   GAMBRELL

CO-SPONSORS ADDED

Bill Number:   H. 3346 (Word version)
Date:   ADD:
04/13/11   HARDWICK and DILLARD

CO-SPONSOR ADDED

Bill Number:   H. 3779 (Word version)
Date:   ADD:
04/13/11   HODGES

CO-SPONSOR ADDED

Bill Number:   H. 3934 (Word version)
Date:   ADD:
04/13/11   MITCHELL


Printed Page 2348 . . . . . Wednesday, April 13, 2011

CO-SPONSOR REMOVED

Bill Number:   H. 3713 (Word version)
Date:   REMOVE:
04/13/11   STRINGER

CO-SPONSOR REMOVED

Bill Number:   H. 3993 (Word version)
Date:   REMOVE:
04/13/11   HOSEY

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate:

H. 3165 (Word version) -- Rep. Huggins: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE IRMO FIRE DISTRICT, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL TO ESTABLISH PENALTIES FOR VIOLATIONS OF ITS RULES AND REGULATIONS.

H. 3183 (Word version) -- Reps. Young, Daning, Harrison, Simrill, G. R. Smith, Stringer, Hamilton, Hixon, Long, D. C. Moss and Weeks: A BILL 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


Printed Page 2349 . . . . . Wednesday, April 13, 2011

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 AND SECOND OFFENSES MAY BE TRIED IN MAGISTRATES COURT.

LEAVE OF ABSENCE

The SPEAKER granted Rep. EDGE a leave of absence for the remainder of the day due to a death in the family.

H. 4050--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4050 (Word version) -- Reps. Merrill and Crosby: A BILL TO PROVIDE FOR THE MANNER IN WHICH CERTAIN REVENUES DERIVED FROM FEE IN LIEU OF TAX PAYMENTS FOR PROPERTY WITHIN THE BERKELEY COUNTY SCHOOL DISTRICT AND WITHIN THE BOUNDARIES OF A MULTICOUNTY INDUSTRIAL OR BUSINESS PARK MUST BE DISTRIBUTED FOR SCHOOL OPERATIONAL AND DEBT PURPOSES.
The yeas and nays were taken resulting as follows:

Yeas 14; Nays 0

Those who voted in the affirmative are:

Allison                Atwater                R. L. Brown
Chumley                Crosby                 Daning
Erickson               Jefferson              Long
Lucas                  Merrill                Patrick
J. R. Smith            Tallon

Total--14


Printed Page 2350 . . . . . Wednesday, April 13, 2011

Those who voted in the negative are:

Total--0

So, the Bill was read the second time and ordered to third reading.

H. 4050--MOTION TO RECONSIDER TABLED

Rep. MERRILL moved to reconsider the vote whereby the following Bill was read second time:

H. 4050 (Word version) -- Reps. Merrill and Crosby: A BILL TO PROVIDE FOR THE MANNER IN WHICH CERTAIN REVENUES DERIVED FROM FEE IN LIEU OF TAX PAYMENTS FOR PROPERTY WITHIN THE BERKELEY COUNTY SCHOOL DISTRICT AND WITHIN THE BOUNDARIES OF A MULTICOUNTY INDUSTRIAL OR BUSINESS PARK MUST BE DISTRIBUTED FOR SCHOOL OPERATIONAL AND DEBT PURPOSES.

Rep. MERRILL moved to table the motion to reconsider, which was agreed to.

ORDERED ENROLLED FOR RATIFICATION

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

S. 38 (Word version) -- Senators McConnell, L. Martin and Campsen: A BILL TO AMEND SECTION 56-19-240 OF THE 1976 CODE, RELATING TO THE FORM AND CONTENT OF APPLICATIONS FOR VEHICLE TITLES, TO PROVIDE THAT THE APPLICANT MUST PROVIDE WITH THE APPLICATION A VALID DRIVER'S LICENSE OR IDENTIFICATION CARD IF THE APPLICANT IS AN INDIVIDUAL, TO PROVIDE THAT THE APPLICANT MUST PROVIDE A SOCIAL SECURITY NUMBER FOR A SOLE PROPRIETOR OR FEDERAL EMPLOYER IDENTIFICATION NUMBER AND THE PHYSICAL ADDRESS OF THE BONA FIDE PLACE OF BUSINESS IF THE APPLICANT IS A BUSINESS, AND TO PROHIBIT TITLING VEHICLES PURCHASED FOR OPERATION IN A FOREIGN JURISDICTION.


Printed Page 2351 . . . . . Wednesday, April 13, 2011

H. 3788--DEBATE ADJOURNED

Rep. HERBKERSMAN moved to adjourn debate upon the following Bill, 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".

H. 3731--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3731 (Word version) -- Reps. Owens, Brantley, Daning, Brannon, Atwater, Patrick, Erickson, Bowen, R. L. Brown, Crosby, Long, Taylor and Willis: A BILL TO AMEND SECTION 56-27-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERM AND COST OF A PROFESSIONAL HOUSEMOVING LICENSE, SO AS TO REVISE THE ANNUAL RENEWAL FEE; AND TO AMEND SECTION 57-3-130, AS AMENDED, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S SPECIAL PERMITS THAT AUTHORIZE A PERSON TO OPERATE OR MOVE A VEHICLE THAT EXCEEDS A CERTAIN SIZE, SO AS TO PROVIDE THAT THE DEPARTMENT MAY DETERMINE THE MAXIMUM SPEEDS AT WHICH PERMITTED LOADS MAY OPERATE, TO PROVIDE THAT FOR A LOAD TRAVELING UNDER POLICE ESCORT, THE ESCORT OFFICER MAY EXERCISE DISCRETION WHEN TEMPORARILY MOVING OUT OF THE TRAVELED WAY, AND TO PROVIDE AN ADDITIONAL IMPACT FEE FOR LOADS THAT EXCEED FIVE HUNDRED THOUSAND POUNDS.

Rep. DANING explained the Bill.

Reps. SELLERS, CRAWFORD, SABB, DANING, G. A. BROWN, R. L. BROWN, HIOTT, J. R. SMITH, BIKAS, GILLIARD, ANDERSON, ALEXANDER, JEFFERSON, WILLIAMS, ERICKSON, BRANTLEY and ATWATER requested debate on the Bill.


Printed Page 2352 . . . . . Wednesday, April 13, 2011

H. 3663--DEBATE ADJOURNED

Rep. WHITE moved to adjourn debate upon the following Joint Resolution until Tuesday, April 26, which was adopted:

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; TO DIRECT SAVINGS FROM CERTAIN PROVISIONS OF THIS ACT; AND TO REQUIRE THE DEPARTMENT TO CONVENE A TASK FORCE TO CONSIDER END-OF-COURSE ASSESSMENTS FOR FEDERAL ASSESSMENT PURPOSES.

H. 3543--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3543 (Word version) -- Reps. Hart and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-175 SO AS TO PROVIDE THAT A JUDGE MAY NOT ISSUE A BENCH WARRANT FOR FAILURE TO APPEAR UNLESS THE SOLICITOR FILES AN AFFIDAVIT WITH THE COURT TO CONFIRM THAT WRITTEN NOTICE OF HIS INTENT TO SEEK A BENCH WARRANT FOR FAILURE TO APPEAR HAS BEEN


Printed Page 2353 . . . . . Wednesday, April 13, 2011

GIVEN TO THE DEFENDANT, HIS ATTORNEY, AND THE BOND SURETY COMPANY AND TO REQUIRE THE COURT TO HOLD A RULE TO SHOW CAUSE HEARING BEFORE ISSUING THE BENCH WARRANT.

The JUDICIARY COMMITTEE proposed the following Amendment No. 1 (COUNCIL\MS\7352AHB11), which was adopted:
Amend the bill, as and if amended, by deleting Section 17-15-175, as contained in SECTION 1, page 1, lines 29-35, and inserting:
/ "Section 17-15-175.   A judge may not issue a bench warrant for failure to appear in court, unless the solicitor or clerk of court has provided notice to the attorney of record before the bench warrant is issued." /
Renumber sections to conform.
Amend title to conform.

Rep. BANNISTER explained the amendment.
The amendment was then adopted.

The yeas and nays were taken resulting as follows:

Yeas 106; Nays 0

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Allison                Anderson               Anthony
Atwater                Bales                  Bannister
Barfield               Battle                 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                   Crawford               Crosby
Daning                 Delleney               Dillard
Erickson               Forrester              Frye
Funderburk             Gambrell               Gilliard
Govan                  Hamilton               Hardwick
Hart                   Hayes                  Hearn
Henderson              Herbkersman            Hiott
Hixon                  Hodges                 Horne
Howard                 Huggins                Jefferson

Printed Page 2354 . . . . . Wednesday, April 13, 2011

Johnson                Knight                 Limehouse
Loftis                 Long                   Lowe
Lucas                  Mack                   McCoy
McEachern              McLeod                 Merrill
Mitchell               D. C. Moss             V. S. Moss
Munnerlyn              Murphy                 Nanney
J. M. Neal             Neilson                Norman
Ott                    Owens                  Parks
Patrick                Pinson                 Pitts
Quinn                  Rutherford             Ryan
Sabb                   Simrill                Skelton
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Stringer               Tallon
Taylor                 Thayer                 Vick
Viers                  Weeks                  White
Whitmire               Williams               Willis
Young

Total--106

Those who voted in the negative are:

Total--0

So, the Bill, as amended, was read the second time and ordered to third reading.

H. 3607--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3607 (Word version) -- Reps. Harrison, Weeks and McLeod: A BILL TO AMEND SECTION 22-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED IN OTHER COUNTIES OR BY MUNICIPAL AUTHORITIES, SO AS TO PROVIDE A WARRANT IS NOT REQUIRED TO BE ENDORSED BY A MAGISTRATE IN THE COUNTY WHERE A PERSON CHARGED WITH A CRIME RESIDES OR WHERE HE IS LOCATED, TO PROVIDE PROCEDURES FOR SERVING A WARRANT, AND TO MAKE CONFORMING CHANGES.


Printed Page 2355 . . . . . Wednesday, April 13, 2011

The Judiciary Committee proposed the following Amendment No. 1 COUNCIL\MS\7354AHB11), which was adopted:
Amend the bill, as and if amended, by deleting Section 22-5-190, (COUNCIL\MS\7354AHB11), as contained in SECTION 1, page 1, lines 27-40, and inserting:
/   "Section 22-5-190.   (A)   A magistrate may endorse a An arrest warrant issued by a magistrate of another county when the person charged with a crime in the warrant resides in or is in the another county of the endorsing magistrate is not required to be endorsed by a magistrate in the county where the person resides or another county where he is located, and may be served by a law enforcement officer within the jurisdiction where the person resides or another county where he is located, or a law enforcement officer from the issuing jurisdiction while accompanied by a law enforcement officer in the jurisdiction where the warrant is being served. When a warrant is presented to a magistrate for endorsement, as provided in this section, the magistrate shall authorize the person presenting it or any special constable to execute it within his county./
Renumber sections to conform.
Amend title to conform.

Rep. BANNISTER explained the amendment.
The amendment was then adopted.

The yeas and nays were taken resulting as follows:

Yeas 108; Nays 0

Those who voted in the affirmative are:

Agnew                  Allen                  Allison
Anderson               Anthony                Atwater
Bales                  Bannister              Barfield
Battle                 Bedingfield            Bikas
Bingham                Bowen                  Bowers
Brady                  Branham                Brannon
Brantley               H. B. Brown            Butler Garrick
Chumley                Clemmons               Clyburn
Cobb-Hunter            Cole                   Crawford
Crosby                 Daning                 Delleney
Dillard                Erickson               Forrester
Frye                   Funderburk             Gambrell
Gilliard               Govan                  Hamilton

Printed Page 2356 . . . . . Wednesday, April 13, 2011

Hardwick               Harrell                Hart
Hayes                  Hearn                  Henderson
Herbkersman            Hiott                  Hixon
Hodges                 Horne                  Hosey
Howard                 Huggins                Jefferson
Johnson                Knight                 Limehouse
Loftis                 Long                   Lowe
Lucas                  Mack                   McCoy
McEachern              Merrill                Mitchell
D. C. Moss             V. S. Moss             Munnerlyn
Murphy                 Nanney                 J. M. Neal
Norman                 Ott                    Owens
Parks                  Patrick                Pinson
Pitts                  Pope                   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
Vick                   Viers                  Weeks
Whipper                White                  Whitmire
Williams               Willis                 Young

Total--108

Those who voted in the negative are:

Total--0

So, the Bill, as amended, was read the second time and ordered to third reading.

H. 3606--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3606 (Word version) -- Reps. Harrison, Weeks and McLeod: A BILL TO AMEND SECTION 22-5-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATED TO MAGISTRATES' POWERS AND DUTIES REGARDING THE ISSUANCE OF ARREST WARRANTS AND COURTESY SUMMONS, SO AS TO


Printed Page 2357 . . . . . Wednesday, April 13, 2011

PROVIDE THAT AN ARREST WARRANT MAY NOT BE ISSUED FOR THE ARREST OF A PERSON UNLESS SOUGHT BY A MEMBER OF A LAW ENFORCEMENT AGENCY ACTING IN THEIR OFFICIAL CAPACITY, TO PROVIDE THAT IF AN ARREST WARRANT IS SOUGHT BY SOMEONE OTHER THAN A LAW ENFORCEMENT OFFICER, THE COURT MUST ISSUE A COURTESY SUMMONS, AND TO PROVIDE FOR EXCEPTIONS UNDER CERTAIN CIRCUMSTANCES.

The Judiciary Committee proposed the following Amendment No. 1 (COUNCIL\MS\7353AHB11), which was adopted:
Amend the bill, as and if amended, by deleting Section 22-5-110(B), as contained in SECTION 1, page 2, lines 1-19, and inserting:
/ (B)   Notwithstanding another provision of law, a person charged with any misdemeanor offense requiring a warrant signed by nonlaw enforcement personnel to ensure the arrest of a person must be given a courtesy summons.

(B)(1)   An arrest warrant may not be issued for the arrest of a person unless sought by a member of a law enforcement agency acting in their official capacity.

(2)   If an arrest warrant is sought by someone other than a law enforcement officer, the court must issue a courtesy summons.

(3)   If a defendant named in a courtesy summons fails to appear before the court pursuant to the summons, the court must issue an arrest warrant for the underlying offense based upon the original sworn statement of the affiant who sought the courtesy summons, provided the sworn statement establishes probable cause that the underlying offense was committed." /
Renumber sections to conform.
Amend title to conform.

Rep. BANNISTER explained the amendment.
The amendment was then adopted.

The yeas and nays were taken resulting as follows:

Yeas 93; Nays 0

Those who voted in the affirmative are:

Agnew                  Allen                  Allison
Anderson               Anthony                Atwater
Bales                  Bannister              Barfield

Printed Page 2358 . . . . . Wednesday, April 13, 2011

Battle                 Bedingfield            Bikas
Bingham                Bowen                  Bowers
Brady                  Branham                Brannon
Brantley               G. A. Brown            R. L. Brown
Butler Garrick         Chumley                Clemmons
Clyburn                Cobb-Hunter            Cole
Crawford               Crosby                 Daning
Delleney               Dillard                Erickson
Forrester              Frye                   Gambrell
Govan                  Hardwick               Hayes
Hearn                  Herbkersman            Hiott
Hixon                  Hodges                 Horne
Hosey                  Howard                 Huggins
Johnson                Knight                 Limehouse
Lucas                  Mack                   McCoy
McLeod                 Mitchell               V. S. Moss
Munnerlyn              Murphy                 Nanney
J. M. Neal             Norman                 Ott
Owens                  Patrick                Pinson
Pope                   Quinn                  Rutherford
Ryan                   Sabb                   Sellers
Simrill                Skelton                G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Vick                   Viers
Weeks                  Whipper                White
Williams               Willis                 Young

Total--93

Those who voted in the negative are:

Total--0

So, the Bill, as amended, was read the second time and ordered to third reading.


Printed Page 2359 . . . . . Wednesday, April 13, 2011

S. 692--ORDERED TO THIRD READING

The following Bill was taken up:

S. 692 (Word version) -- Senators Jackson, Courson, Scott and Lourie: A BILL TO AMEND SECTION 7-27-405, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RICHLAND COUNTY ELECTION COMMISSION AND THE RICHLAND COUNTY BOARD OF REGISTRATION, SO AS TO COMBINE THE RICHLAND COUNTY ELECTION COMMISSION AND THE RICHLAND COUNTY BOARD OF REGISTRATION INTO A SINGLE ENTITY.

The yeas and nays were taken resulting as follows:

Yeas 59; Nays 0

Those who voted in the affirmative are:

Allison                Anthony                Atwater
Bales                  Bannister              Barfield
Bingham                Bowers                 Brady
Brannon                Brantley               H. B. Brown
R. L. Brown            Butler Garrick         Chumley
Clyburn                Cobb-Hunter            Cole
Crosby                 Daning                 Delleney
Erickson               Forrester              Gilliard
Govan                  Hardwick               Hart
Hearn                  Hixon                  Hodges
Howard                 Huggins                Limehouse
Loftis                 Long                   Lowe
Lucas                  McEachern              Mitchell
Patrick                Pinson                 Pitts
Quinn                  Rutherford             Ryan
Sandifer               Sellers                Simrill
Skelton                J. E. Smith            J. R. Smith
Sottile                Tallon                 Taylor
Tribble                Vick                   Whitmire
Williams               Young

Total--59


Printed Page 2360 . . . . . Wednesday, April 13, 2011

Those who voted in the negative are:

Total--0

So, the Bill was read the second time and ordered to third reading.

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

OBJECTION TO RECALL

Rep. ERICKSON asked unanimous consent to recall H. 3051 (Word version) from the Committee on Ways and Means.
Rep. SABB objected.

OBJECTION TO RECALL

Rep. SKELTON asked unanimous consent to recall H. 3109 (Word version) from the Committee on Judiciary.
Rep. BATTLE objected.

OBJECTION TO RECALL

Rep. MERRILL asked unanimous consent to recall H. 4045 (Word version) from the Committee on Education and Public Works.
Rep. PINSON objected.

H. 3792--RECALLED FROM COMMITTEE ON JUDICIARY

On motion of Rep. RUTHERFORD, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:

H. 3792 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 50-21-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDITIONS UPON WHICH A PERSON MAY OPERATE A VESSEL DISPLAYING, REFLECTING, OR FLASHING A BLUE LIGHT, SO AS TO REVISE THE CIRCUMSTANCES IN WHICH A PERSON MAY OPERATE A VESSEL WHILE DISPLAYING A BLUE LIGHT, AND TO REVISE THE PENALTY PROVISION.

OBJECTION TO RECALL

Rep. HAYES asked unanimous consent to recall H. 3986 (Word version) from the Committee on Ways and Means.
Rep. SKELTON objected.


Printed Page 2361 . . . . . Wednesday, April 13, 2011

OBJECTION TO RECALL

Rep. HART asked unanimous consent to recall H. 3538 (Word version) from the Committee on Judiciary.
Rep. V. S. MOSS objected.

OBJECTION TO RECALL

Rep. BEDINGFIELD asked unanimous consent to recall H. 3226 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. WEEKS objected.

H. 3986--RECALLED FROM COMMITTEE ON
WAYS AND MEANS

On motion of Rep. HAYES, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Ways and Means:

H. 3986 (Word version) -- Reps. Hayes and Bingham: A JOINT RESOLUTION TO ALLOW A SCHOOL DISTRICT THAT HAS RECEIVED FUNDS PURSUANT TO SECTION 59-21-430 THAT ARE SET TO LAPSE ON OR BEFORE JUNE 30, 2011, TO RETAIN THOSE FUNDS AND USE THEM FOR THE SAME PURPOSES UNTIL JUNE 30, 2012.

H. 3527--RECALLED FROM COMMITTEE ON JUDICIARY

On motion of Rep. GILLIARD, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:

H. 3527 (Word version) -- Reps. Gilliard, McEachern, Spires, Butler Garrick, King, Jefferson, Sabb, Munnerlyn, V. S. Moss, Cobb-Hunter, Herbkersman, Willis, Harrell, Pope, D. C. Moss, Norman, Hearn, Horne, Murphy and Bikas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-970 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR AN INMATE TO BE A MEMBER OF AN INTERNET-BASED SOCIAL NETWORKING WEBSITE AND TO PROVIDE A PENALTY.


Printed Page 2362 . . . . . Wednesday, April 13, 2011

H. 3226--RECALLED FROM COMMITTEE ON LABOR, COMMERCE AND INDUSTRY

On motion of Rep. G. R. SMITH, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry:

H. 3226 (Word version) -- Reps. Bedingfield, Stringer, G. R. Smith, Simrill, Harrison, Allison, G. M. Smith, Bingham, Viers, Ballentine, Harrell, Young, Herbkersman, Hixon, Taylor, Barfield, Loftis, Corbin, Clemmons, Hearn, Owens, Bowen and Norman: A BILL TO ENACT THE "SOUTH CAROLINA REGULATORY REFORM ACT"; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-122 SO AS TO PROVIDE THE GENERAL ASSEMBLY OR A COMMITTEE OF THE GENERAL ASSEMBLY MAY NOT AMEND OR OTHERWISE CHANGE AN AMENDMENT UNDER GENERAL ASSEMBLY REVIEW, AND ONLY THE AGENCY THAT SUBMITTED THE REGULATION FOR REVIEW MAY AMEND OR OTHERWISE CHANGE THE LANGUAGE OF A REGULATION IT SUBMITS FOR GENERAL ASSEMBLY REVIEW; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO THE APPROVAL OF PROPOSED REGULATIONS, SO AS TO DELETE THE PROVISION OF AN AUTOMATIC APPROVAL AND TO INSTEAD PROVIDE AN AUTOMATIC VOTE IN THE HOUSE AND SENATE; AND TO AMEND SECTION 1-23-125, AS AMENDED, RELATING TO CERTAIN NOTICE REQUIREMENTS, SO AS TO MAKE CONFORMING CHANGES.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. CLEMMONS.

LEAVE OF ABSENCE

The SPEAKER granted Rep. J. E. SMITH a leave of absence for the remainder of the day due to a prior commitment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. ANTHONY a leave of absence for the remainder of the day.


Printed Page 2363 . . . . . Wednesday, April 13, 2011

STATEMENT FOR THE JOURNAL

I missed several votes today, as I was temporarily out of the Chambers due to a migraine headache and was receiving treatment in the nurses' station with Dr. Stanley Baker, the Doctor of the Day.

Rep. Tom Corbin

H. 3658--INTERRUPTED DEBATE

The following Bill was taken up:

H. 3658 (Word version) -- Reps. Clemmons, Harrell, Loftis, Herbkersman, Merrill, Corbin, Norman, D. C. Moss, Quinn, Bowen, Forrester, McCoy, Lucas, Bedingfield, Hamilton, Bingham, Hardwick, Owens, Bikas, Parker, Cooper, Erickson, Frye, V. S. Moss, Long, G. R. Smith, Atwater, Huggins, Murphy, Hearn, Whitmire, Brannon, Chumley, Tallon, Taylor, Limehouse, Patrick, Crosby, Thayer, Sottile, Crawford, Viers, Allison, Ballentine, Barfield, Cole, Daning, Delleney, Edge, Gambrell, Harrison, Henderson, Hixon, Lowe, Nanney, Pinson, Pitts, Sandifer, Simrill, G. M. Smith, J. R. Smith, Toole, Willis and Horne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA EMPLOYER FREE SPEECH ACT" BY ADDING SECTION 41-7-110 SO AS TO PROVIDE THAT AN EMPLOYER IN THIS STATE IS NOT REQUIRED TO POST, PHYSICALLY, ELECTRONICALLY, OR OTHERWISE, NOTICES INFORMING EMPLOYEES OF THEIR RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT, COURT DECISIONS IMPLEMENTING THOSE RIGHTS, OR INFORMATION PERTAINING TO THE ENFORCEMENT OF THOSE RIGHTS, AND TO PROVIDE DEFINITIONS.

Rep. CLEMMONS explained the Bill.

Rep. THAYER moved that the House recede until 2:00 p.m., which was agreed to.

Further proceedings were interrupted by the House receding, the pending question being consideration of the Bill.

THE HOUSE RESUMES

At 2:00 p.m. the House resumed, Acting SPEAKER MCCOY in the Chair.


Printed Page 2364 . . . . . Wednesday, April 13, 2011

POINT OF QUORUM

The question of a quorum was raised.
A quorum was later present.

SPEAKER IN CHAIR

LEAVE OF ABSENCE

The SPEAKER granted Rep. CORBIN a leave of absence for the remainder of the day due to medical reasons.

H. 3658--DEBATE ADJOURNED

Debate was resumed on the following Bill, the pending question being the consideration of the Bill:

H. 3658 (Word version) -- Reps. Clemmons, Harrell, Loftis, Herbkersman, Merrill, Corbin, Norman, D. C. Moss, Quinn, Bowen, Forrester, McCoy, Lucas, Bedingfield, Hamilton, Bingham, Hardwick, Owens, Bikas, Parker, Cooper, Erickson, Frye, V. S. Moss, Long, G. R. Smith, Atwater, Huggins, Murphy, Hearn, Whitmire, Brannon, Chumley, Tallon, Taylor, Limehouse, Patrick, Crosby, Thayer, Sottile, Crawford, Viers, Allison, Ballentine, Barfield, Cole, Daning, Delleney, Edge, Gambrell, Harrison, Henderson, Hixon, Lowe, Nanney, Pinson, Pitts, Sandifer, Simrill, G. M. Smith, J. R. Smith, Toole, Willis and Horne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA EMPLOYER FREE SPEECH ACT" BY ADDING SECTION 41-7-110 SO AS TO PROVIDE THAT AN EMPLOYER IN THIS STATE IS NOT REQUIRED TO POST, PHYSICALLY, ELECTRONICALLY, OR OTHERWISE, NOTICES INFORMING EMPLOYEES OF THEIR RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT, COURT DECISIONS IMPLEMENTING THOSE RIGHTS, OR INFORMATION PERTAINING TO THE ENFORCEMENT OF THOSE RIGHTS, AND TO PROVIDE DEFINITIONS.

Rep. CLEMMONS moved to adjourn debate on the Bill until Thursday, April 14, which was agreed to.

RECURRENCE TO THE MORNING HOUR

Rep. RYAN moved that the House recur to the Morning Hour, which was agreed to.


Printed Page 2365 . . . . . Wednesday, April 13, 2011

REPORTS OF STANDING COMMITTEES

Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 4003 (Word version) -- Rep. Agnew: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT APPROPRIATE MARKERS OR SIGNS AT THE INTERSECTIONS OF SOUTH CAROLINA HIGHWAY 28 AND THE ABBEVILLE/ANDERSON COUNTY LINE, SOUTH CAROLINA HIGHWAY 28 AND THE ABBEVILLE/MCCORMICK COUNTY LINE, AND SOUTH CAROLINA HIGHWAY 72 AND THE ABBEVILLE/GREENWOOD COUNTY LINE THAT CONTAIN THE WORDS "ABBEVILLE HIGH SCHOOL PANTHERS 2010 CLASS A STATE FOOTBALL CHAMPIONS".
Ordered for consideration tomorrow.

Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 4024 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION AT LONGTOWN ROAD AND CLEMSON ROAD IN RICHLAND COUNTY IN MEMORY OF DAVID DUPRE AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "DAVID DUPRE INTERSECTION".
Ordered for consideration tomorrow.

Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 4034 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF BUNKER HILL ROAD IN THE TOWN OF LITTLE ROCK FROM ITS INTERSECTION WITH WEST MAIN STREET TO ITS INTERSECTION WITH HARLLEES BRIDGE ROAD "MAXIE ROWELL ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS ROAD THAT CONTAIN THE WORDS "MAXIE ROWELL ROAD".
Ordered for consideration tomorrow.


Printed Page 2366 . . . . . Wednesday, April 13, 2011

Rep. OWENS, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 3028 (Word version) -- Reps. Clemmons, Taylor, Clyburn and Long: A BILL TO AMEND SECTION 59-26-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDUCTION, ANNUAL, AND CONTINUING CONTRACTS FOR TEACHERS, SO AS TO INCREASE THE INDUCTION CONTRACT PERIOD FROM ONE YEAR TO FIVE YEARS.
Ordered for consideration tomorrow.

Rep. OWENS, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 3035 (Word version) -- Reps. Erickson, Daning, Clyburn, Long, Lucas, Norman, Owens, Patrick, Herbkersman, Crosby, Brady, Allison and Merrill: A BILL TO AMEND SECTION 59-1-425, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEGINNING AND LENGTH OF SCHOOL TERM AND SCHOOL MAKE-UP DAYS, SO AS TO ALLOW A LOCAL SCHOOL DISTRICT TO ESTABLISH ITS CALENDAR BASED ON A STATUTORY TERM OF ONE HUNDRED EIGHTY DAYS OF INSTRUCTION OR THE EQUIVALENT NUMBER OF INSTRUCTIONAL HOURS.
Ordered for consideration tomorrow.

Rep. OWENS, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 3163 (Word version) -- Reps. Tallon, Cole, Allison, G. R. Smith, Taylor, McCoy, Forrester, Murphy, Hixon and Patrick: A BILL TO AMEND SECTION 56-5-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERM "MOTOR VEHICLE" SO AS TO INCLUDE "MOPEDS" IN THE TERM'S DEFINITION.
Ordered for consideration tomorrow.

Rep. OWENS, from the Committee on Education and Public Works, submitted a favorable report on:

H. 3164 (Word version) -- Reps. Young, G. R. Smith, Taylor, Forrester, Patrick, Bowers and Brannon: A BILL TO AMEND SECTION 56-1-176,


Printed Page 2367 . . . . . Wednesday, April 13, 2011

CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL ATTENDANCE CONDITIONS ASSOCIATED WITH THE ISSUANCE OF CONDITIONAL AND SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT THESE AND ADDITIONAL CONDITIONS SHALL APPLY TO THE ISSUANCE OR REINSTATEMENT OF A BEGINNER'S PERMIT, CONDITIONAL DRIVER'S LICENSE, SPECIAL RESTRICTED DRIVER'S LICENSE, AND A REGULAR DRIVER'S LICENSE ISSUED TO A PERSON LESS THAN EIGHTEEN YEARS OF AGE; BY ADDING SECTION 56-1-177 SO AS TO PROVIDE THAT A MINOR'S PRIVILEGE TO DRIVE MUST BE SUSPENDED UNDER CERTAIN CIRCUMSTANCES; AND BY ADDING SECTION 56-1-46 SO AS TO PROVIDE A PENALTY FOR A PERSON WHO DRIVES A MOTOR VEHICLE WHEN HIS LICENSE TO DRIVE HAS BEEN SUSPENDED, CANCELLED, REVOKED, OR DENIED PURSUANT TO CERTAIN PROVISIONS.
Ordered for consideration tomorrow.

Rep. OWENS, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 3266 (Word version) -- Reps. Owens and Hiott: A BILL TO AMEND SECTION 57-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL COMPOSITION OF THE STATE HIGHWAY SYSTEM, SO AS TO PROVIDE THAT ALL HIGHWAYS IN THE STATE HIGHWAY SYSTEM MUST BE BUILT ACCORDING TO STATE STANDARDS AND TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY USE CERTAIN FUNDS TO MAINTAIN THE STATE HIGHWAY SYSTEM; TO AMEND SECTION 57-5-70, RELATING TO ADDITIONS TO THE STATE HIGHWAY SECONDARY SYSTEM, SO AS TO ALLOW THE DEPARTMENT OF TRANSPORTATION TO ADD COUNTY AND MUNICIPAL ROADS TO THE STATE HIGHWAY SYSTEM WHEN NECESSARY FOR THE INTERCONNECTIVITY OF THE STATE HIGHWAY SYSTEM; TO AMEND SECTION 57-5-80, RELATING TO THE DELETION AND REMOVAL OF ROADS FROM THE STATE HIGHWAY SECONDARY SYSTEM, SO AS TO REVISE THE PROCEDURE FOR THE REMOVAL OF ROADS FROM THE STATE HIGHWAY SYSTEM WHEN A GOVERNMENTAL AGENCY AGREES TO ACCEPT THE ROAD INTO ITS OWN


Printed Page 2368 . . . . . Wednesday, April 13, 2011

HIGHWAY SYSTEM; AND TO REPEAL SECTION 57-5-90 RELATING TO BELT LINES AND SPURS.
Ordered for consideration tomorrow.

Rep. OWENS, from the Committee on Education and Public Works, submitted a favorable report on:

S. 358 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 56-3-2335 OF THE 1976 CODE, RELATING TO RESEARCH AND DEVELOPMENT LICENSE PLATES, TO PROVIDE THAT RESEARCH AND DEVELOPMENT LICENSE PLATES MAY ALSO BE ISSUED TO VEHICLES OWNED BY THE RESEARCH AND DEVELOPMENT BUSINESS AND BY A FLEET OWNER UNDER CONTRACT WITH THE RESEARCH AND DEVELOPMENT BUSINESS, TO INCREASE THE MAXIMUM NUMBER OF RESEARCH AND DEVELOPMENT LICENSE PLATES THAT MAY BE ISSUED, AND TO PROVIDE FOR OPERATION OF RESEARCH AND DEVELOPMENT LICENSED VEHICLES IN OTHER STATES.
Ordered for consideration tomorrow.

Rep. OWENS, from the Committee on Education and Public Works, submitted a favorable report on:

S. 686 (Word version) -- Education Committee: A JOINT RESOLUTION TO CLARIFY THE SCIENCE COURSE REQUIREMENT FOR RECEIVING A SOUTH CAROLINA HIGH SCHOOL DIPLOMA.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4087 (Word version) -- Reps. Gilliard, Cobb-Hunter, Stavrinakis, McCoy, Limehouse, Sottile, Mitchell, Anderson, Hosey, Mack, Johnson, Sabb, Whipper, Agnew, Alexander, Allen, Allison, 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, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn,


Printed Page 2369 . . . . . Wednesday, April 13, 2011

Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Howard, Huggins, Jefferson, King, Knight, Loftis, Long, Lowe, Lucas, McEachern, McLeod, Merrill, 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, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Spires, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND TRIDENT TECHNICAL COLLEGE ON ITS WEATHERIZATION TECHNICIAN TRAINING PROGRAM, A U.S. DEPARTMENT OF LABOR "PATHWAYS TO A GREEN SOUTH" PROJECT.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4099 (Word version) -- Reps. Harrell, R. L. Brown, Crosby, Gilliard, Horne, Mack, McCoy, Murphy, Ryan, Sottile, Stavrinakis and Whipper: 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".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 804 (Word version) -- Senators O'Dell and Nicholson: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR SANDRA AULL ANDERSON, OWNER AND BROKER-IN-CHARGE OF A-Z REALTY IN GREENWOOD, AND TO CONGRATULATE HER FOR RECEIVING THE 2011 SOUTH CAROLINA MINORITY


Printed Page 2370 . . . . . Wednesday, April 13, 2011

SMALL BUSINESS CHAMPION AWARD FROM THE UNITED STATES SMALL BUSINESS ADMINISTRATION.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 4088 (Word version) -- Reps. Ott, Brantley, Hardwick, Cobb-Hunter, Crawford, Spires, Frye, Gilliard, Battle, Bales, J. H. Neal, Jefferson, Atwater, Brannon, Patrick, Anthony, Bowers, Branham, Clyburn, Hayes, Huggins, Long, Lowe, J. M. Neal and Toole: A BILL TO AMEND SECTION 14-1-207, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADDITIONAL ASSESSMENT FOR OFFENSES TRIED IN MAGISTRATES COURT, SO AS TO ADD VIOLATIONS OF TITLE 50 TO THE OFFENSES EXEMPT FROM THE ADDITIONAL ASSESSMENT.
Referred to Committee on Judiciary

H. 4089 (Word version) -- Reps. Edge, Alexander, Barfield and Hearn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-83 SO AS TO AUTHORIZE HOSPITAL PUBLIC SERVICE DISTRICTS TO ENTER INTO AGREEMENTS WITH NONPROFIT ENTITIES AND TO TRANSFER ASSETS AND LIABILITIES TO SUCH NONPROFIT ENTITIES AND PROVIDE CONDITIONS AND REQUIREMENTS FOR THESE AGREEMENTS AND TRANSFERS.
Referred to Committee on Judiciary

H. 4090 (Word version) -- Reps. Nanney, Loftis, Bowen, Atwater, Ballentine, Bedingfield, Hamilton, Henderson, Hixon, Long, Sandifer, J. R. Smith, Stringer, Viers and Willis: A BILL TO AMEND SECTION 5-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUATION OF SERVICE BY SPECIAL PURPOSE DISTRICTS FOLLOWING ANNEXATION BY A MUNICIPALITY, SO AS TO PROVIDE FOR THE CONTINUED HEALTH, SAFETY, AND GENERAL WELFARE OF A PERSON AND REAL


Printed Page 2371 . . . . . Wednesday, April 13, 2011

PROPERTY LOCATED WITHIN THE BOUNDARIES OF THE DISTRICT BEFORE EXTENSION OF CORPORATE LIMITS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4091 (Word version) -- Reps. Bingham, Toole, Huggins, Ballentine, Spires, Atwater, Quinn, Frye, Cooper and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-2691 SO AS TO PROVIDE THAT 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 NEXUS WITH SOUTH CAROLINA FOR SALES AND USE TAX PURPOSES, AND TO PROVIDE THE APPLICABLE REQUIREMENTS AND DURATION.
Rep. BINGHAM asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. BEDINGFIELD objected.
Referred to Committee on Ways and Means

H. 4092 (Word version) -- Reps. Limehouse, Sottile, Gilliard, Stavrinakis and McCoy: A BILL TO AMEND SECTION 44-95-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE SMOKING IS PROHIBITED, SO AS TO PROVIDE THAT SMOKING IS NOT ALLOWED IN BUILDINGS ON CAMPUSES OF PUBLIC INSTITUTIONS OF HIGHER LEARNING WHEN IT IS PROHIBITED BY THE GOVERNING BODY OF THE INSTITUTION AND TO PROVIDE THAT A GOVERNING BODY IS NOT PRECLUDED FROM ESTABLISHING A SMOKE-FREE CAMPUS.
Referred to Committee on Education and Public Works

H. 4093 (Word version) -- Reps. Pope, Sottile, Simrill, Hosey, Williams, Atwater, Quinn, Toole, Huggins, Brannon, Knight, Gambrell, Clyburn, McCoy, Gilliard, Owens, Merrill, Norman, Crawford, Bowers, Murphy, Bedingfield, Bowen, Branham, Chumley, Clemmons, Delleney, Hamilton, Hodges, Loftis, Lowe, D. C. Moss, V. S. Moss, Nanney, J. M. Neal, Ott, Ryan, G. M. Smith, G. R. Smith, J. R. Smith, Spires, Tallon, Taylor, Whitmire and Willis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING


Printed Page 2372 . . . . . Wednesday, April 13, 2011

SECTION 1-1-715 SO AS TO DESIGNATE THE HONOR AND REMEMBER FLAG AS THE OFFICIAL STATE EMBLEM OF THE SERVICE AND SACRIFICE BY THOSE IN THE UNITED STATES ARMED FORCES WHO HAVE GIVEN THEIR LIVES IN THE LINE OF DUTY.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4094 (Word version) -- Rep. Stavrinakis: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DISTRICT OF CHARLESTON COUNTY FOR FISCAL YEARS 2010-2011 THROUGH 2012-2013 MAY EXPEND FUNDS GENERATED FROM A GENERAL OBLIGATION DEBT BOND ISSUED FOR SCHOOL OPERATING PURPOSES, IN ORDER TO DEAL WITH A SHORTAGE OF SCHOOL OPERATING FUNDS, IF PERMITTED BY THE FEDERAL LAW APPLICABLE TO THE PARTICULAR TYPES OF BONDS ISSUED AND IF IT DOES NOT VIOLATE ANY PROVISIONS OF THE BOND INDENTURE APPLICABLE TO THE ISSUANCE AND SALE OF THOSE BONDS AND TO REQUIRE THAT ANY BOND FUNDS USED FOR SCHOOL OPERATING PURPOSES MUST BE RESTORED TO THE APPROPRIATE BOND PROCEEDS ACCOUNTS WITHIN TWELVE MONTHS.
Referred to Charleston Delegation

H. 4095 (Word version) -- Reps. Pitts and Lucas: 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


Printed Page 2373 . . . . . Wednesday, April 13, 2011

PARENTS SHALL SUBMIT TO MEDIATION WITH A PRESELECTED MEDIATOR.
Referred to Committee on Judiciary

H. 4096 (Word version) -- Reps. Bingham, Brantley, Spires, Huggins, Erickson, Allison, Anderson, Atwater, Quinn, Bedingfield, Patrick, Bowen, McCoy, Toole, Stringer, Anthony, Chumley, Crosby, Delleney, Hearn, Hodges, Horne, Hosey, Loftis, Long, J. M. Neal and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-505 SO AS TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO RELEASE HIGH SCHOOL GRADUATION RATE DATA BASED ON RACE OR ETHNICITY BY SEPTEMBER FIRST OF EACH YEAR; TO AMEND SECTIONS 59-1-450, 59-1-452, AS AMENDED, 59-1-453, 59-6-10, 59-16-70, 59-18-120, AS AMENDED, 59-18-310, AS AMENDED, 59-18-320, AS AMENDED, 59-18-350, AS AMENDED, 59-18-900, AS AMENDED, 59-18-920, AS AMENDED, 59-18-950, 59-18-1500, AS AMENDED, 59-18-1510, AS AMENDED, 59-18-1530, AS AMENDED, 59-18-1540, AS AMENDED, 59-18-1570, AS AMENDED, 59-18-1590, AS AMENDED, 59-18-1700, AS AMENDED, 59-18-1930, AS AMENDED, 59-21-440, 59-21-600, 59-21-1210, 59-24-65, 59-26-20, AS AMENDED, 59-28-150, 59-28-190, 59-28-200, AS AMENDED, 59-28-210, 59-29-170, 59-29-220, 59-40-70, AS AMENDED, 59-40-230, 59-50-20, AS AMENDED, 59-59-170, 59-63-65, 59-139-10, 59-139-40, 59-139-60, AND 59-150-325, ALL RELATING TO THE EDUCATION OVERSIGHT COMMITTEE, TO CHANGE CERTAIN REFERENCES FROM THE EDUCATION OVERSIGHT COMMITTEE TO THE DEPARTMENT OF EDUCATION, THE STATE BOARD OF EDUCATION, OR THE SUPERINTENDENT OF EDUCATION, AND TO DELETE CERTAIN REFERENCES TO THE EDUCATION OVERSIGHT COMMITTEE; TO REPEAL SECTIONS 59-6-15, 59-6-16, 59-6-17, 59-6-20, 59-6-30, 59-6-100, AND 59-6-110 ALL RELATING TO THE BUSINESS EDUCATION PARTNERSHIP AND EDUCATION IMPROVEMENT PROGRAM MONITORING; TO REPEAL SECTION 59-21-1220 RELATING TO THE CAMPUS INCENTIVE PROGRAM; TO REPEAL SECTIONS 59-24-100 AND 59-24-110 BOTH RELATING TO THE SCHOOL PRINCIPAL INCENTIVE PROGRAM; TO REPEAL SECTION 59-28-220 RELATING TO RECOMMENDATIONS FOR EMPLOYER TAX CREDIT INCENTIVES; TO REPEAL SECTION 59-139-50 RELATING TO A


Printed Page 2374 . . . . . Wednesday, April 13, 2011

PLAN FOR TECHNICAL ASSISTANCE; AND TO REPEAL SECTION 59-141-10 RELATING TO NATIONAL EDUCATION GOALS.
Referred to Committee on Education and Public Works

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.
Without Reference

H. 4098 (Word version) -- Reps. Nanney, Simrill, Atwater, Ballentine, Bedingfield, Bowen, Brantley, Delleney, Frye, Hamilton, Henderson, Hixon, Loftis, Long, D. C. Moss, J. R. Smith, Spires, Stringer, Thayer, Viers and Willis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-160 SO AS TO PROVIDE THAT A MUNICIPALITY MUST NOT REQUIRE ANNEXATION AS A CONDITION PRECEDENT TO PROVIDING UTILITY SERVICES.
Referred to Committee on Judiciary

H. 3788--REQUESTS FOR DEBATE

The following Bill was taken up:

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".

Rep. HERBKERSMAN proposed the following Amendment No. 1 (COUNCIL\BBM\10146HTC11):
Amend the bill, as and if amended, in Chapter 70, Title 12 of the 1976 Code, as added in SECTION 1, page 2, by inserting after line 3:
/Section 12-70-20.   (A)   Notwithstanding the provisions of Section 12-36-2630(3) and Chapter 4, Title 6, the first three million dollars collected in a fiscal year of revenues of the two percent sales tax on accommodations imposed pursuant to Section 12-36-920 must be transferred to the South Carolina Department of Parks, Recreation and


Printed Page 2375 . . . . . Wednesday, April 13, 2011

Tourism and used by that department solely to provide directly or indirectly for the sponsorship of the Heritage Golf Tournament. This transfer shall continue only until a suitable sponsor or sponsors are secured for the tournament as determined by the Department of Parks, Recreation and Tourism.

(B)   The Board of Economic Advisors, Based on past collections, annually shall estimate total additional state sales tax revenue, including the two percent state accommodations tax generated by the Heritage Golf Tournament, and of the amount estimated by the board and certified to the State Treasurer, the increase estimated, not to exceed three million dollars, is deemed state accommodations tax revenue and must be distributed pursuant to Chapter 4, Title 6 as if it were the three million dollars transferred pursuant to subsection (A) of this section. /
Amend further, page 2, by striking SECTION 2, and inserting:
/ SECTION   2.   This act takes effect upon approval by the Governor and applies for fiscal years beginning after June 30, 2011. /
Renumber sections to conform.
Amend title to conform.

Rep. HERBKERSMAN explained the amendment.

Reps. NORMAN, HIOTT, BIKAS, G. R. SMITH, NANNEY, YOUNG, TAYLOR, J. R. SMITH, MCCOY, AGNEW, THAYER, DANING, FRYE and WILLIS requested debate on the Bill.

H. 4033--DEBATE ADJOURNED

Rep. TALLON moved to adjourn debate upon the following Bill, which was adopted:

H. 4033 (Word version) -- Reps. Patrick and Loftis: A BILL TO AMEND SECTIONS 5-37-40, 5-37-50, AND 5-37-100, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE MUNICIPAL IMPROVEMENT ACT, SO AS TO PROVIDE THAT THE WIDENING AND DREDGING OF CERTAIN WATERWAYS MAY BE INCLUDED WITHIN A MUNICIPAL IMPROVEMENT DISTRICT WHEN THE OWNER GIVES THE GOVERNING BODY WRITTEN PERMISSION TO INCLUDE THE PROPERTY AT THE TIME THE IMPROVEMENT DISTRICT IS CREATED.


Printed Page 2376 . . . . . Wednesday, April 13, 2011

H. 3456--DEBATE ADJOURNED

The following Bill was taken up:

H. 3456 (Word version) -- Reps. White, G. M. Smith, Pitts, Battle and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-240 SO AS TO CREATE THE OTHER FUNDS OVERSIGHT COMMITTEE TO REVIEW AND EXAMINE THE SOURCE OF OTHER FUNDS IN THIS STATE AND TO MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY, TO PROVIDE FOR ITS MEMBERSHIP, TO PROVIDE THAT ALL AGENCIES MUST COOPERATE WITH THE COMMITTEE, AND TO REQUIRE THE STATE BUDGET OFFICE TO NOTIFY THE COMMITTEE OF ANY REQUEST FOR AN INCREASE IN INTERIM BUDGET AUTHORIZATION.

Rep. HERBKERSMAN explained the Bill.

Rep. HERBKERSMAN moved to adjourn debate on the Bill, which was adopted.

H. 3488--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3488 (Word version) -- Reps. Bingham, Harrell and Toole: A BILL TO AMEND ACT 99 OF 2007, RELATING TO THE ADDITION OF A SALES TAX EXEMPTION FOR DURABLE MEDICAL EQUIPMENT AND THE PHASE IN OF THAT EXEMPTION, SO AS TO DELETE THE PHASE IN REQUIREMENTS; AND TO AMEND SECTIONS 12-36-90, 12-36-910, 12-36-1310, AND 12-36-2120, ALL AS AMENDED, RELATING TO THE IMPOSITION OF AND EXEMPTIONS FROM THE SALES AND USE TAX, SO AS TO PROVIDE FURTHER 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.

Reps. BINGHAM, QUINN, HUGGINS, SPIRES, FRYE, SKELTON, HIOTT, BIKAS, J. R. SMITH, LOFTIS and CROSBY requested debate on the Bill.


Printed Page 2377 . . . . . Wednesday, April 13, 2011

H. 3747--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3747 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT BIOLOGICS ADMINISTERED BY A PHYSICIAN IN A PHYSICIAN'S OFFICE.

The Ways and Means Committee proposed the following Amendment No. 1 (COUNCIL\NBD\11570DG11), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 1, by striking lines 24 through 26, and inserting:
/     "( )(a)   Effective on July first, immediately following a forecast meeting the requirements of subitem (b), injectable medications and injectable biologics, so long as the medication or biologic is administered by a physician in a physician's office or in a Center for Medicare or Medicaid Services (CMS) certified facility. For purposes /
Renumber sections to conform.
Amend title to conform.

Rep. ALLISON explained the amendment.
The amendment was then adopted.

The yeas and nays were taken resulting as follows:

Yeas 91; Nays 6

Those who voted in the affirmative are:

Alexander              Allen                  Allison
Anderson               Atwater                Bannister
Barfield               Bedingfield            Bikas
Bingham                Bowers                 Brady
Branham                Brannon                Brantley
G. A. Brown            H. B. Brown            Chumley
Clyburn                Cobb-Hunter            Cole
Crawford               Crosby                 Delleney
Dillard                Erickson               Forrester
Frye                   Gambrell               Gilliard
Govan                  Hamilton               Hardwick
Harrell                Hayes                  Hearn

Printed Page 2378 . . . . . Wednesday, April 13, 2011

Henderson              Hiott                  Hixon
Hodges                 Horne                  Hosey
Howard                 Huggins                Johnson
Knight                 Limehouse              Loftis
Lowe                   Lucas                  Mack
McCoy                  McEachern              McLeod
Mitchell               D. C. Moss             V. S. Moss
Murphy                 Nanney                 J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parks                  Patrick
Pinson                 Pitts                  Pope
Quinn                  Ryan                   Sabb
Sandifer               Simrill                Skelton
G. R. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Thayer                 Toole
Tribble                Viers                  Whipper
White                  Whitmire               Williams
Willis

Total--91

Those who voted in the negative are:

Agnew                  Funderburk             Long
Munnerlyn              Taylor                 Young

Total--6

So, the Bill, as amended, was read the second time and ordered to third reading.

LEAVE OF ABSENCE

The SPEAKER granted Rep. YOUNG a leave of absence for the remainder of the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. CLEMMONS a leave of absence for the remainder of the day.


Printed Page 2379 . . . . . Wednesday, April 13, 2011

STATEMENT FOR THE JOURNAL

I respectfully request leave from Session from 3:00 p.m. until adjournment on April 13, 2011, so that I may travel to Greenville County, to chair a regional redistricting hearing.

Rep. Alan Clemmons

STATEMENT FOR THE JOURNAL

I respectfully request leave from Session from 3:00 p.m. until adjournment on April 13, 2011, so that I may travel to Greenville County, to serve as a panelist at the regional redistricting hearing.

Rep. Tom Young

LEAVE OF ABSENCE

The SPEAKER granted Rep. SELLERS a leave of absence for the remainder of the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HORNE a leave of absence for the remainder of the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. ALLEN a leave of absence for the remainder of the day.

H. 3713--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3713 (Word version) -- Reps. Merrill, J. R. Smith, Ryan, Hamilton, G. R. Smith, Bedingfield, Barfield, Sandifer, McCoy, Horne, Stavrinakis, Clemmons, Loftis, Lucas, Herbkersman, Patrick, Erickson, G. M. Smith, Knight, Hixon, Pinson and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-3135 SO AS TO PROVIDE THAT WHEN A PARCEL OF REAL PROPERTY AND IMPROVEMENTS THEREON PREVIOUSLY SUBJECT TO PROPERTY TAX UNDERGOES AN ASSESSABLE TRANSFER OF INTEREST AND THE VALUE OF THE PARCEL AS DETERMINED AT THE TIME OF THE ASSESSABLE TRANSFER OF INTEREST IS GREATER THAN THE VALUE OF THE PARCEL USED IN THE PROPERTY TAX ASSESSMENT ON THE PARCEL FOR THE MOST RECENTLY COMPLETED PROPERTY TAX YEAR, THERE IS


Printed Page 2380 . . . . . Wednesday, April 13, 2011

ALLOWED AN EXEMPTION OF AN AMOUNT OF THE FAIR MARKET VALUE OF THE PARCEL SUFFICIENT TO ELIMINATE ANY INCREASE IN THE VALUE OF THE PARCEL; TO AMEND SECTION 12-37-3140, AS AMENDED, RELATING TO DETERMINING FAIR MARKET VALUE, SO AS TO MAKE A CONFORMING CHANGE; AND TO AMEND SECTION 12-60-30, AS AMENDED, RELATING TO DEFINITIONS IN THE REVENUE PROCEDURES ACT, SO AS TO CLARIFY THE DEFINITION OF PROPERTY TAX ASSESSMENT.

Reps. COBB-HUNTER, OTT, BUTLER GARRICK, HART, MCEACHERN, J. H. NEAL, JEFFERSON, SABB, JOHNSON, KNIGHT, BRANTLEY, MERRILL, R. L. BROWN, ANDERSON, CLYBURN, HOSEY, BRANHAM, HAYES, ALEXANDER and MCLEOD requested debate on the Bill.

H. 3346--INTERRUPTED DEBATE

The following Bill was taken up:

H. 3346 (Word version) -- Reps. Loftis, Limehouse, Corbin, Ballentine, Atwater, Mitchell, Quinn, Alexander, Bannister, Horne, Norman, J. E. Smith, Henderson, Brady, Erickson, Herbkersman, McCoy, Sottile, Allen, Stavrinakis, Williams, Jefferson, Sellers, Pinson, Huggins, Bales, Hardwick and Dillard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3586 SO AS TO ALLOW A STATE TAX CREDIT FOR THE INSTALLATION OF SOLAR ENERGY EQUIPMENT IN AN AMOUNT EQUAL TO THIRTY-FIVE PERCENT OF THE AMOUNTS FOR SPECIFIC INSTALLATIONS AND FOR SPECIFIC PURPOSES, TO DEFINE SOLAR ENERGY EQUIPMENT, TO PROVIDE FOR THE TIMING OF CREDITS AND THE CARRY FORWARD OF UNUSED CREDITS, TO PROVIDE THOSE TAXES AGAINST WHICH THIS CREDIT IS ALLOWED, AND TO PROHIBIT DOUBLE CREDITS.

Rep. ALLISON explained the Bill.

Rep. FUNDERBURK spoke against the Bill.


Printed Page 2381 . . . . . Wednesday, April 13, 2011

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill.

RECURRENCE TO THE MORNING HOUR

Rep. LOFTIS moved that the House recur to the Morning Hour, which was agreed to.

H. 4033--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4033 (Word version) -- Reps. Patrick and Loftis: A BILL TO AMEND SECTIONS 5-37-40, 5-37-50, AND 5-37-100, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE MUNICIPAL IMPROVEMENT ACT, SO AS TO PROVIDE THAT THE WIDENING AND DREDGING OF CERTAIN WATERWAYS MAY BE INCLUDED WITHIN A MUNICIPAL IMPROVEMENT DISTRICT WHEN THE OWNER GIVES THE GOVERNING BODY WRITTEN PERMISSION TO INCLUDE THE PROPERTY AT THE TIME THE IMPROVEMENT DISTRICT IS CREATED.

Rep. PATRICK explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 89; Nays 0

Those who voted in the affirmative are:

Agnew                  Alexander              Allison
Anderson               Atwater                Bannister
Barfield               Battle                 Bikas
Bingham                Bowen                  Bowers
Brady                  Brannon                H. B. Brown
R. L. Brown            Butler Garrick         Chumley
Clyburn                Cole                   Crawford
Crosby                 Daning                 Delleney
Dillard                Erickson               Forrester
Frye                   Funderburk             Gambrell
Gilliard               Govan                  Hamilton
Hardwick               Harrell                Hart
Hayes                  Hearn                  Herbkersman

Printed Page 2382 . . . . . Wednesday, April 13, 2011

Hiott                  Hixon                  Hodges
Hosey                  Huggins                Jefferson
Johnson                Knight                 Limehouse
Long                   Lowe                   Lucas
McCoy                  McEachern              McLeod
Merrill                Mitchell               D. C. Moss
V. S. Moss             Munnerlyn              Murphy
Nanney                 J. H. Neal             J. M. Neal
Neilson                Owens                  Patrick
Pinson                 Pope                   Quinn
Ryan                   Sabb                   Sandifer
Simrill                Skelton                G. R. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Tallon                 Taylor
Thayer                 Toole                  Viers
Whipper                White                  Whitmire
Williams               Willis

Total--89

Those who voted in the negative are:

Total--0

So, the Bill was read the second time and ordered to third reading.

H. 3456--DEBATE ADJOURNED

Rep. WHITE moved to adjourn debate upon the following Bill until Thursday, April 14, which was adopted:

H. 3456 (Word version) -- Reps. White, G. M. Smith, Pitts, Battle and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-240 SO AS TO CREATE THE OTHER FUNDS OVERSIGHT COMMITTEE TO REVIEW AND EXAMINE THE SOURCE OF OTHER FUNDS IN THIS STATE AND TO MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY, TO PROVIDE FOR ITS MEMBERSHIP, TO PROVIDE THAT ALL AGENCIES MUST COOPERATE WITH THE COMMITTEE, AND TO REQUIRE THE STATE BUDGET OFFICE TO NOTIFY THE COMMITTEE OF ANY REQUEST FOR AN INCREASE IN INTERIM BUDGET AUTHORIZATION.


Printed Page 2383 . . . . . Wednesday, April 13, 2011

H. 3346--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3346 (Word version) -- Reps. Loftis, Limehouse, Corbin, Ballentine, Atwater, Mitchell, Quinn, Alexander, Bannister, Horne, Norman, J. E. Smith, Henderson, Brady, Erickson, Herbkersman, McCoy, Sottile, Allen, Stavrinakis, Williams, Jefferson, Sellers, Pinson, Huggins, Bales, Hardwick and Dillard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3586 SO AS TO ALLOW A STATE TAX CREDIT FOR THE INSTALLATION OF SOLAR ENERGY EQUIPMENT IN AN AMOUNT EQUAL TO THIRTY-FIVE PERCENT OF THE AMOUNTS FOR SPECIFIC INSTALLATIONS AND FOR SPECIFIC PURPOSES, TO DEFINE SOLAR ENERGY EQUIPMENT, TO PROVIDE FOR THE TIMING OF CREDITS AND THE CARRY FORWARD OF UNUSED CREDITS, TO PROVIDE THOSE TAXES AGAINST WHICH THIS CREDIT IS ALLOWED, AND TO PROHIBIT DOUBLE CREDITS.

Reps. BEDINGFIELD, G. R. SMITH, HENDERSON, WHITE, HIXON, J. R. SMITH, NANNEY, HAMILTON, BANNISTER, STRINGER, RYAN, MCCOY and LONG requested debate on the Bill.

H. 3709--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3709 (Word version) -- Reps. Cooper and McLeod: A BILL TO AMEND SECTION 1-30-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO TRANSFER THE SOUTH CAROLINA MUSEUM COMMISSION, THE SOUTH CAROLINA STATE MUSEUM, AND THE SOUTH CAROLINA ARTS COMMISSION AND THEIR POWERS AND DUTIES TO THE DEPARTMENT OF PARKS, RECREATION AND TOURISM; TO AMEND ARTICLE 1, CHAPTER 13, TITLE 60, RELATING TO THE SOUTH CAROLINA MUSEUM COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION IS UNDER THE ADMINISTRATION AND SUPERVISION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM AND THAT THE SOUTH CAROLINA STATE MUSEUM IS A STATE PARK IN THE


Printed Page 2384 . . . . . Wednesday, April 13, 2011

STATE PARK SYSTEM; TO AMEND CHAPTER 15, TITLE 60, RELATING TO THE SOUTH CAROLINA ARTS COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION IS UNDER THE ADMINISTRATION AND SUPERVISION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM; AND TO PROVIDE TRANSITION PROVISIONS.

The Ways and Means Committee proposed the following Amendment No. 1 (COUNCIL\11415AC11KRL), which was adopted:
Amend the bill, as and if amended, Section 60-13-50 on page 3, line 42 after /director/ by inserting /of the department/
Amend the bill, further, by deleting Section 60-15-40 on page 5, and inserting:
/Section 60-15-40.   The executive director shall receive such compensation as may be provided in the annual general appropriations act determined by the director of the department and shall be reimbursed for all expenses actually incurred by him in the performance of his duties, within the amount appropriated therefor. The other members of the commission shall receive no compensation for their services, but shall receive such per diem, mileage and subsistence as provided by law for members of boards, commissions and committees. /
Amend the bill, further, Section 60-15-50 on page 5, line 15 by deleting /executive director/ and inserting /director of the department/
Amend the bill, further, by deleting Section 60-15-70 beginning on page 5, line 40 through page 6, line 19, and inserting:
/Section 60-15-70.   The commission is hereby authorized to, under the overall supervision of the department may:

(1)   hold public or private hearings;

(2)   to with the authorization of the department, enter into contracts, within the amount made available by appropriation therefor allocated for these purposes, with individuals, organizations and institutions for services furthering the educational objectives of the commission's programs;

(3)   to with the authorization of the department, enter into contracts, within the amount made available by appropriation therefor allocated for these purposes, with local and regional associations for cooperative endeavors furthering the educational objectives of the commission's programs;

(4)   to accept gifts, contributions, and bequests of an unrestricted nature from individuals, foundations, corporations, and other


Printed Page 2385 . . . . . Wednesday, April 13, 2011

organizations or institutions for the purpose of furthering the educational objectives of the commission's programs;

(5)   to with the authorization of the department, purchase and own property, both real and personal;

(6)   to with the authorization of the department, make and sign any agreements and to do and perform any acts that may be necessary, desirable, or proper to carry out the purposes of this chapter.

The commission may request and shall receive from any department or agency of the State such assistance and data as will enable it the commission to carry out its power and duties. /
Renumber sections to conform.
Amend title to conform.

Rep. HERBKERSMAN explained the amendment.
The amendment was then adopted.

The yeas and nays were taken resulting as follows:

Yeas 70; Nays 27

Those who voted in the affirmative are:

Allison                Atwater                Bannister
Barfield               Battle                 Bedingfield
Bikas                  Bingham                Bowen
Brady                  Butler Garrick         Chumley
Clyburn                Cobb-Hunter            Cole
Crosby                 Daning                 Delleney
Erickson               Forrester              Frye
Gambrell               Hamilton               Hardwick
Harrell                Hayes                  Herbkersman
Hixon                  Huggins                Limehouse
Loftis                 Long                   Lowe
Lucas                  McCoy                  McEachern
McLeod                 Merrill                D. C. Moss
V. S. Moss             Murphy                 Nanney
J. M. Neal             Neilson                Norman
Owens                  Patrick                Pinson
Pitts                  Pope                   Quinn
Ryan                   Sandifer               Simrill
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stringer               Tallon                 Taylor

Printed Page 2386 . . . . . Wednesday, April 13, 2011

Thayer                 Toole                  Tribble
Viers                  White                  Whitmire
Willis

Total--70

Those who voted in the negative are:

Agnew                  Anderson               Bowers
Brantley               G. A. Brown            H. B. Brown
R. L. Brown            Dillard                Funderburk
Gilliard               Govan                  Hart
Hodges                 Hosey                  Jefferson
Johnson                Knight                 Mack
Mitchell               Munnerlyn              J. H. Neal
Ott                    Sabb                   Skelton
Vick                   Whipper                Williams

Total--27

So, the Bill, as amended, was read the second time and ordered to third reading.

H. 3194--DEBATE ADJOURNED

Rep. HIXON moved to adjourn debate upon the following Bill until Thursday, April 14, which was adopted:

H. 3194 (Word version) -- Reps. Pope, Tallon, Hixon, D. C. Moss, G. R. Smith, Simrill, Viers and Atwater: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF AN INDIVIDUAL FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A MAXIMUM THREE THOUSAND DOLLAR A YEAR DEDUCTION FOR VOLUNTEER STATE CONSTABLES DESIGNATED BY THE STATE LAW ENFORCEMENT DIVISION AS STATE CONSTABLES AND TO PROVIDE THE ELIGIBILITY REQUIREMENTS FOR THIS DEDUCTION.


Printed Page 2387 . . . . . Wednesday, April 13, 2011

H. 3083--DEBATE ADJOURNED

Rep. LOFTIS moved to adjourn debate upon the following Bill until Thursday, April 14, which was adopted:

H. 3083 (Word version) -- Reps. Pitts, Daning, Toole, G. M. Smith, Clyburn, Bingham, J. R. Smith, Huggins, Young, Taylor, Long, H. B. Brown, Ryan, Whipper and R. L. Brown: A BILL TO ENACT THE "THE SOUTH CAROLINA CONSERVATION BANK REAUTHORIZATION ACT" BY AMENDING ACT 200 OF 2002, WHICH ENACTED THE "SOUTH CAROLINA CONSERVATION BANK ACT" AND PROVIDED FOR ITS FUNDING, SO AS TO DELETE THE SUNSETTING OF THAT ACT OTHERWISE EFFECTIVE JULY 1, 2013, AND TO MAKE VARIOUS SECTIONS OF THAT ACT PERMANENT LAW BY DESIGNATING SECTIONS 3, 5, 6, 8, 10, AND 11 OF ACT 200 OF 2002, RELATING RESPECTIVELY TO THE PORTION OF THE DEED RECORDING FEE DEDICATED TO THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND, THE SUSPENSION OF DEED RECORDING FEE REVENUE IN CERTAIN CIRCUMSTANCES, CONSERVATION EASEMENTS, BIENNIAL REPORTS TO THE GENERAL ASSEMBLY, USE OF CONSERVATION BANK FUNDS FOR BEACH CONSERVATION, AND USE OF CONSERVATION BANK FUNDS TO ACQUIRE LAND FOR STATE PARKS AS SECTIONS 12-24-96, 48-59-65, 27-8-37, 48-59-150, 48-59-160, AND 48-59-170, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.

H. 3779--INTERRUPTED DEBATE

The following Bill was taken up:

H. 3779 (Word version) -- Reps. Brady, Loftis, Bingham, Harrell and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 11 SO AS TO ENACT THE "BILL WYLIE ENTREPRENEURSHIP ACT OF 2011" BY PROVIDING FOR STATE NONREFUNDABLE INCOME TAX CREDITS ALLOCATED BY THE DEPARTMENT OF COMMERCE FOR QUALIFIED INVESTMENTS IN BUSINESSES MEETING CERTAIN CRITERIA AND PRIMARILY ENGAGED IN MANUFACTURING, PROCESSING, WAREHOUSING, WHOLESALING, SOFTWARE DEVELOPMENT, INFORMATION TECHNOLOGY SERVICES, RESEARCH AND DEVELOPMENT


Printed Page 2388 . . . . . Wednesday, April 13, 2011

OR OTHER NONPROHIBITED SERVICES, TO ESTABLISH THE CRITERIA AND PROCEDURES FOR THE CREDIT, AND TO MAKE THE CREDIT TRANSFERABLE.

Rep. HERBKERSMAN explained the Bill.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill.

RECURRENCE TO THE MORNING HOUR

Rep. HERBKERSMAN moved that the House recur to the Morning Hour, which was agreed to.

INTRODUCTION OF BILLS

The following Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

S. 777 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO REHABILITATION OF DESIGNATED HISTORIC BUILDINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4135, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 778 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO REGULATION GOVERNING TELEPHONE UTILITIES OFFERING REGULATED PREPAID LOCAL EXCHANGE SERVICES AND BONDS OR OTHER SECURITY MECHANISMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4138, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry


Printed Page 2389 . . . . . Wednesday, April 13, 2011

H. 3779--ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of the Bill:

H. 3779 (Word version) -- Reps. Brady, Loftis, Bingham, Harrell and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 11 SO AS TO ENACT THE "BILL WYLIE ENTREPRENEURSHIP ACT OF 2011" BY PROVIDING FOR STATE NONREFUNDABLE INCOME TAX CREDITS ALLOCATED BY THE DEPARTMENT OF COMMERCE FOR QUALIFIED INVESTMENTS IN BUSINESSES MEETING CERTAIN CRITERIA AND PRIMARILY ENGAGED IN MANUFACTURING, PROCESSING, WAREHOUSING, WHOLESALING, SOFTWARE DEVELOPMENT, INFORMATION TECHNOLOGY SERVICES, RESEARCH AND DEVELOPMENT OR OTHER NONPROHIBITED SERVICES, TO ESTABLISH THE CRITERIA AND PROCEDURES FOR THE CREDIT, AND TO MAKE THE CREDIT TRANSFERABLE.

Rep. HERBKERSMAN spoke in favor of the Bill.
Rep. FUNDERBURK spoke against the Bill.

The yeas and nays were taken resulting as follows:

Yeas 78; Nays 18

Those who voted in the affirmative are:

Allison                Anderson               Bannister
Barfield               Battle                 Bedingfield
Bikas                  Bingham                Bowen
Bowers                 Brady                  Brannon
Brantley               Clyburn                Cole
Crawford               Crosby                 Daning
Delleney               Erickson               Forrester
Gambrell               Govan                  Hamilton
Hardwick               Harrell                Hayes
Hearn                  Henderson              Herbkersman
Hixon                  Hodges                 Howard
Jefferson              Johnson                Knight
Limehouse              Loftis                 Long
Lowe                   Lucas                  McCoy
McEachern              Merrill                Mitchell

Printed Page 2390 . . . . . Wednesday, April 13, 2011

D. C. Moss             V. S. Moss             Munnerlyn
Murphy                 Nanney                 J. H. Neal
Neilson                Owens                  Patrick
Pinson                 Pitts                  Pope
Sabb                   Sandifer               Simrill
Skelton                G. M. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Toole                  Tribble
Vick                   Viers                  White
Whitmire               Williams               Willis

Total--78

Those who voted in the negative are:

Agnew                  Alexander              Atwater
G. A. Brown            H. B. Brown            R. L. Brown
Butler Garrick         Cobb-Hunter            Funderburk
Gilliard               Huggins                Mack
McLeod                 J. M. Neal             Norman
Ott                    Quinn                  Ryan

Total--18

So, the Bill was read the second time and ordered to third reading.

H. 3063--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3063 (Word version) -- Rep. Merrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-219 SO AS TO PROVIDE THAT IF THE BOUNDARIES OF A MUNICIPALITY EXTEND INTO MORE THAN ONE COUNTY AND THOSE COUNTIES IMPLEMENT COUNTYWIDE APPRAISAL AND EQUALIZATION PROGRAMS ON DIFFERENT SCHEDULES, THEN THE GOVERNING BODY OF THE MUNICIPALITY SHALL SET AN EQUIVALENT MILLAGE TO BE USED THEREAFTER TO COMPUTE MUNICIPAL AD VALOREM PROPERTY TAXES, TO PROVIDE FOR THE MANNER IN WHICH THE EQUIVALENT MILLAGE SHALL BE DETERMINED, AND TO PROVIDE THAT THE ABOVE


Printed Page 2391 . . . . . Wednesday, April 13, 2011

PROVISIONS ARE RETROACTIVE TO THE 2009 PROPERTY TAX YEAR.

Rep. MERRILL explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 94; Nays 0

Those who voted in the affirmative are:

Agnew                  Allison                Anderson
Atwater                Bannister              Barfield
Battle                 Bedingfield            Bikas
Bingham                Bowen                  Bowers
Brady                  Brannon                Brantley
G. A. Brown            H. B. Brown            R. L. Brown
Butler Garrick         Chumley                Clyburn
Cole                   Crawford               Crosby
Daning                 Delleney               Erickson
Frye                   Funderburk             Gambrell
Gilliard               Govan                  Hamilton
Hardwick               Harrell                Hayes
Hearn                  Henderson              Herbkersman
Hiott                  Hixon                  Hodges
Hosey                  Howard                 Huggins
Jefferson              Johnson                Knight
Limehouse              Loftis                 Long
Lowe                   Lucas                  Mack
McCoy                  McEachern              McLeod
Merrill                Mitchell               D. C. Moss
V. S. Moss             Murphy                 Nanney
J. H. Neal             J. M. Neal             Neilson
Norman                 Ott                    Owens
Patrick                Pinson                 Pope
Quinn                  Ryan                   Sabb
Sandifer               Simrill                Skelton
G. M. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Toole                  Tribble                Vick

Printed Page 2392 . . . . . Wednesday, April 13, 2011

Viers                  White                  Whitmire
Willis

Total--94

Those who voted in the negative are:

Total--0

So, the Bill was read the second time and ordered to third reading.

SPEAKER PRO TEMPORE IN CHAIR

H. 3059--DEBATE ADJOURNED

The following Bill was taken up:

H. 3059 (Word version) -- Reps. Merrill and Stavrinakis: A BILL TO AMEND SECTION 12-6-3376, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INCOME TAX CREDIT FOR PLUG-IN HYBRID VEHICLES, SO AS TO REVISE THE DEFINITION OF "PLUG-IN HYBRID VEHICLE", TO RAISE THE AGGREGATE AMOUNT OF THE CREDIT AVAILABLE EACH FISCAL YEAR AND DELETE ITS EXPIRATION DATE, AND TO PROVIDE THAT THE CREDIT MUST BE ALLOCATED TO ELIGIBLE CLAIMANTS DURING A FISCAL YEAR ON A FIRST-COME, FIRST-SERVE BASIS.

Rep. ALLISON explained the Bill.

Rep. ALLISON moved to adjourn debate on the Bill, which was adopted.

H. 3657--DEBATE ADJOURNED

Rep. WHITE moved to adjourn debate upon the following Bill, which was adopted:

H. 3657 (Word version) -- Reps. Cooper and Ott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-17 SO AS TO PROVIDE MINIMUM CONTINUING EDUCATION COURSE REQUIREMENTS FOR COUNTY TAX COLLECTORS AND PROVIDE EXCEPTIONS; BY ADDING


Printed Page 2393 . . . . . Wednesday, April 13, 2011

SECTION 12-59-85 SO AS TO ALLOW A COUNTY FORFEITED LAND COMMISSION TO REFUSE TO ACCEPT TITLE TO PROPERTY WHEN REFUSAL IS IN THE PUBLIC INTEREST; AND TO AMEND SECTIONS 12-51-50, AS AMENDED, AND 12-51-70, RELATING TO DELINQUENT TAX SALES, SO AS TO PROVIDE FOR THE SALES DATE AND TO INCREASE FROM THREE HUNDRED TO ONE THOUSAND DOLLARS THE DAMAGES FOR WHICH A DEFAULTING BIDDER IS LIABLE.

H. 3720--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up:

H. 3720 (Word version) -- Reps. Cooper, Henderson and Patrick: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF THE JOBS TAX CREDIT, SO AS TO REVISE THE REQUIREMENTS OF A QUALIFYING SERVICE-RELATED FACILITY AND A TECHNOLOGY INTENSIVE FACILITY; BY ADDING SECTION 12-6-3411 SO AS TO PROVIDE THAT A CORPORATION ESTABLISHING A NATIONAL CORPORATE HEADQUARTERS OR EXPANDING OR ADDING TO AN EXISTING NATIONAL CORPORATE HEADQUARTERS IN THIS STATE, WHICH IN CONNECTION THEREWITH ADDS AT LEAST FIFTY NEW FULL-TIME JOBS SHALL BE EXEMPT FROM PAYING STATE CORPORATE INCOME TAXES FOR A PERIOD OF TEN YEARS; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO TAX CREDITS FOR PROVIDING INFRASTRUCTURE, SO AS TO INCREASE THE MAXIMUM AGGREGATE CREDIT TO FOUR HUNDRED THOUSAND DOLLARS ANNUALLY; TO AMEND SECTIONS 4-12-30, 4-29-67, AND 12-44-90, ALL AS AMENDED, RELATING TO FEE IN LIEU OF TAXES, SO AS TO PROVIDE THAT A COUNTY AUDITOR OR COUNTY ASSESSOR MAY REQUEST AND OBTAIN ANY FINANCIAL BOOKS AND RECORDS FROM A SPONSOR THAT SUPPORT THE SPONSOR'S TAX FORM OR RETURN TO VERIFY THE CALCULATIONS OF THE FEE IN LIEU OF TAXES TAX FORM OR RETURN; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT COMPUTERS, COMPUTER EQUIPMENT, COMPUTER HARDWARE AND SOFTWARE PURCHASES FOR A DATACENTER AND ELECTRICITY USED BY A DATACENTER.


Printed Page 2394 . . . . . Wednesday, April 13, 2011

The Ways and Means Committee proposed the following Amendment No. 1 (COUNCIL\NBD\11571DG11), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 2, line 20, by striking /forty/ and inserting /twenty/
Renumber sections to conform.
Amend title to conform.

Rep. LOFTIS explained the amendment.
The amendment was then adopted.

Rep. FUNDERBURK spoke against the Bill.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill.

RECURRENCE TO THE MORNING HOUR

Rep. WHITE moved that the House recur to the Morning Hour, which was agreed to.

HOUSE RESOLUTION

The following was introduced:

H. 4101 (Word version) -- Reps. Govan, Cobb-Hunter, Ott, Sellers, 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, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, 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, 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, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper,


Printed Page 2395 . . . . . Wednesday, April 13, 2011

White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO EXPRESS SINCERE SORROW UPON THE PASSING OF GERALDYNE ZIMMERMAN OF ORANGEBURG COUNTY, AND TO EXTEND HEARTFELT SYMPATHY TO HER LARGE AND LOVING FAMILY AND MANY FRIENDS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4100 (Word version) -- Reps. Barfield, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, 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, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MR. PAUL MCKINLEY "MUTT" RICHARDSON, SR., FORMER MAYOR OF AYNOR, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.


Printed Page 2396 . . . . . Wednesday, April 13, 2011

CONCURRENT RESOLUTION

The following was introduced:

H. 4102 (Word version) -- Reps. Govan, Cobb-Hunter, Ott, Sellers, 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, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, 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, 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, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A CONCURRENT RESOLUTION TO EXPRESS SINCERE SORROW UPON THE PASSING OF GERALDYNE ZIMMERMAN OF ORANGEBURG COUNTY, AND TO EXTEND HEARTFELT SYMPATHY TO HER LARGE AND LOVING FAMILY AND MANY FRIENDS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 505 (Word version) -- Senator L. Martin: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE LOCATED ON MIRACLE HILL ROAD THAT CROSSES OVER OOLENOY RIVER IN PICKENS COUNTY "FRANK 'SLIM' KOTCHER BRIDGE" AND ERECT


Printed Page 2397 . . . . . Wednesday, April 13, 2011

APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "FRANK 'SLIM' KOTCHER BRIDGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 506 (Word version) -- Senators Bryant and O'Dell: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 27 ALONG INTERSTATE HIGHWAY 85 IN ANDERSON COUNTY "LANCE CORPORAL JONATHAN SHEA NASH INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "LANCE CORPORAL JONATHAN SHEA NASH INTERCHANGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 610 (Word version) -- Senators Knotts and Setzler: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT APPROPRIATE MARKERS OR SIGNS AT BOTH THE EASTERN AND WESTERN APPROACHES TO WHITE KNOLLS HIGH SCHOOL ON PLATT SPRINGS ROAD IN LEXINGTON COUNTY THAT CONTAIN THE WORDS "WHITE KNOLL HIGH SCHOOL TIMBERWOLVES AAAA BASEBALL STATE CHAMPIONS" AND "WHITE KNOLL HIGH SCHOOL TIMBERWOLVES AAAA STATE MARCHING BAND CHAMPIONS".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 735 (Word version) -- Senator Reese: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION


Printed Page 2398 . . . . . Wednesday, April 13, 2011

NAME THE PORTION OF UNITED STATES HIGHWAY 221 IN THE CITY OF CHESNEE FROM ITS INTERSECTION WITH MANNING STREET TO ITS INTERSECTION WITH GREENWOOD STREET "MAYOR CLIFF EDWARDS HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "MAYOR CLIFF EDWARDS HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 811 (Word version) -- Senators Scott, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Elliott, Fair, Ford, 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 DAN DENNIS, PRESIDENT OF DENNIS CORPORATION IN RICHLAND COUNTY, AND TO CONGRATULATE HIM UPON BEING NAMED THE 2011 SOUTH CAROLINA SMALL BUSINESS PERSON OF THE YEAR BY THE UNITED STATES SMALL BUSINESS ADMINISTRATION.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

H. 3059--REJECTED

The following Bill was taken up:

H. 3059 (Word version) -- Reps. Merrill and Stavrinakis: A BILL TO AMEND SECTION 12-6-3376, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INCOME TAX CREDIT FOR PLUG-IN HYBRID VEHICLES, SO AS TO REVISE THE DEFINITION OF "PLUG-IN HYBRID VEHICLE", TO RAISE THE AGGREGATE AMOUNT OF THE CREDIT AVAILABLE EACH FISCAL YEAR AND DELETE ITS EXPIRATION DATE, AND TO PROVIDE THAT THE CREDIT MUST BE ALLOCATED TO ELIGIBLE


Printed Page 2399 . . . . . Wednesday, April 13, 2011

CLAIMANTS DURING A FISCAL YEAR ON A FIRST-COME, FIRST-SERVE BASIS.

Rep. FUNDERBURK spoke against the Bill.

The yeas and nays were taken resulting as follows:

Yeas 24; Nays 67

Those who voted in the affirmative are:

Allison                Anderson               Bannister
Barfield               Battle                 Bingham
Bowers                 Brady                  G. A. Brown
H. B. Brown            R. L. Brown            Clyburn
Daning                 Erickson               Gilliard
Hayes                  Herbkersman            Johnson
Mitchell               Ott                    Patrick
G. M. Smith            Stavrinakis            White

Total--24

Those who voted in the negative are:

Agnew                  Atwater                Bedingfield
Bikas                  Bowen                  Brannon
Brantley               Butler Garrick         Cole
Crosby                 Delleney               Forrester
Frye                   Funderburk             Gambrell
Govan                  Hamilton               Hardwick
Hearn                  Henderson              Hiott
Hixon                  Hodges                 Hosey
Howard                 Huggins                Jefferson
Knight                 Loftis                 Long
Lowe                   Mack                   McCoy
McEachern              McLeod                 Merrill
D. C. Moss             V. S. Moss             Munnerlyn
Murphy                 Nanney                 J. H. Neal
J. M. Neal             Neilson                Norman
Owens                  Pinson                 Pitts
Pope                   Quinn                  Ryan
Sabb                   Sandifer               Simrill
Skelton                J. R. Smith            Sottile
Spires                 Tallon                 Taylor

Printed Page 2400 . . . . . Wednesday, April 13, 2011

Thayer                 Toole                  Tribble
Viers                  Whitmire               Williams
Willis

Total--67

So, the Bill was rejected.

H. 3657--DEBATE ADJOURNED

The following Bill was taken up:

H. 3657 (Word version) -- Reps. Cooper and Ott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-17 SO AS TO PROVIDE MINIMUM CONTINUING EDUCATION COURSE REQUIREMENTS FOR COUNTY TAX COLLECTORS AND PROVIDE EXCEPTIONS; BY ADDING SECTION 12-59-85 SO AS TO ALLOW A COUNTY FORFEITED LAND COMMISSION TO REFUSE TO ACCEPT TITLE TO PROPERTY WHEN REFUSAL IS IN THE PUBLIC INTEREST; AND TO AMEND SECTIONS 12-51-50, AS AMENDED, AND 12-51-70, RELATING TO DELINQUENT TAX SALES, SO AS TO PROVIDE FOR THE SALES DATE AND TO INCREASE FROM THREE HUNDRED TO ONE THOUSAND DOLLARS THE DAMAGES FOR WHICH A DEFAULTING BIDDER IS LIABLE.

Rep. WHITE moved to adjourn debate on the Bill until Thursday, April 14, which was agreed to.

H. 3720--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3720 (Word version) -- Reps. Cooper, Henderson and Patrick: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF THE JOBS TAX CREDIT, SO AS TO REVISE THE REQUIREMENTS OF A QUALIFYING SERVICE-RELATED FACILITY AND A TECHNOLOGY INTENSIVE FACILITY; BY ADDING SECTION 12-6-3411 SO AS TO PROVIDE THAT A CORPORATION ESTABLISHING A NATIONAL CORPORATE HEADQUARTERS OR EXPANDING OR ADDING TO AN EXISTING NATIONAL CORPORATE HEADQUARTERS IN THIS


Printed Page 2401 . . . . . Wednesday, April 13, 2011

STATE, WHICH IN CONNECTION THEREWITH ADDS AT LEAST FIFTY NEW FULL-TIME JOBS SHALL BE EXEMPT FROM PAYING STATE CORPORATE INCOME TAXES FOR A PERIOD OF TEN YEARS; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO TAX CREDITS FOR PROVIDING INFRASTRUCTURE, SO AS TO INCREASE THE MAXIMUM AGGREGATE CREDIT TO FOUR HUNDRED THOUSAND DOLLARS ANNUALLY; TO AMEND SECTIONS 4-12-30, 4-29-67, AND 12-44-90, ALL AS AMENDED, RELATING TO FEE IN LIEU OF TAXES, SO AS TO PROVIDE THAT A COUNTY AUDITOR OR COUNTY ASSESSOR MAY REQUEST AND OBTAIN ANY FINANCIAL BOOKS AND RECORDS FROM A SPONSOR THAT SUPPORT THE SPONSOR'S TAX FORM OR RETURN TO VERIFY THE CALCULATIONS OF THE FEE IN LIEU OF TAXES TAX FORM OR RETURN; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT COMPUTERS, COMPUTER EQUIPMENT, COMPUTER HARDWARE AND SOFTWARE PURCHASES FOR A DATACENTER AND ELECTRICITY USED BY A DATACENTER.

Reps. SKELTON, QUINN, DANING, HIOTT, AGNEW, BATTLE, BIKAS, NORMAN, R. L. BROWN, THAYER, MCLEOD, J. H. NEAL and J. R. SMITH requested debate on the Bill.

H. 3506--DEBATE ADJOURNED

Rep. LOFTIS moved to adjourn debate upon the following Bill until Thursday, April 14, which was adopted:

H. 3406 (Word version) -- Reps. Delleney, Simrill, Lucas, Hiott, Limehouse, Bowen, Bedingfield, Pinson, G.R. Smith, J.R. Smith, G.M. Smith, Toole, Hixon, Brannon, Bikas, Cooper, Frye, Bingham, Parker, Allison, Sottile, Henderson, McCoy, Atwater, Ballentine, Clemmons, Cole, D.C. Moss, Pitts, Young, Quinn and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-295 SO AS TO PROVIDE THAT PURSUANT TO FEDERAL LAW ALL QUALIFIED HEALTH PLANS OFFERED THROUGH THE STATE EXCHANGE ARE PROHIBITED FROM INCLUDING ELECTIVE ABORTION COVERAGE; TO PROVIDE THAT HEALTH INSURANCE PLANS AND POLICIES OFFERED OUTSIDE THE EXCHANGE MUST NOT PROVIDE COVERAGE FOR ELECTIVE ABORTIONS EXCEPT BY OPTIONAL


Printed Page 2402 . . . . . Wednesday, April 13, 2011

SUPPLEMENTAL COVERAGE FOR ABORTION WHICH MUST BE PAID BY A SEPARATE PREMIUM; AND TO ESTABLISH THE PROCEDURES FOR PROVIDING ELECTIVE ABORTION COVERAGE

H. 3650--DEBATE ADJOURNED

Rep. WHITE moved to adjourn debate upon the following Bill until Thursday, April 14, which was adopted:

H. 3650 (Word version) -- Reps. Cooper and Ott: A BILL TO AMEND SECTION 12-37-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCELLATION OF A LICENSE PLATE AND REGISTRATION CERTIFICATE WHEN A VEHICLE OWNER MOVES OUT OF STATE AND THE PRORATED PROPERTY TAX REFUND DUE ON THAT CANCELLATION, SO AS TO ALLOW THE APPROPRIATE RECEIPT ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES TO SUBSTITUTE FOR THE ACTUAL LICENSE PLATE AND CERTIFICATE; TO AMEND SECTION 12-39-220, RELATING TO THE DISCOVERY OF UNTAXED PROPERTY FOR PURPOSES OF PROPERTY TAXES, SO AS TO PROVIDE THE DUTIES OF THE ASSESSOR WITH RESPECT TO THIS PROPERTY; AND TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO THE TIME LIMITS APPLICABLE FOR ASSESSING DELINQUENT TAXES, SO AS TO MAKE A CONFORMING AMENDMENT.

H. 3233--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3233 (Word version) -- Rep. Mitchell: A BILL TO AMEND SECTION 31-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDEVELOPMENT PROJECT COSTS, SO AS TO PROVIDE PROPERTY ASSEMBLY COSTS ALSO INCLUDE THE COST OF ENVIRONMENTAL REMEDIATION.

Rep. LOFTIS explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 68; Nays 16


Printed Page 2403 . . . . . Wednesday, April 13, 2011

Those who voted in the affirmative are:

Agnew                  Allison                Anderson
Barfield               Battle                 Bingham
Bowen                  Bowers                 Brady
Brannon                Brantley               G. A. Brown
R. L. Brown            Butler Garrick         Clyburn
Cobb-Hunter            Cole                   Daning
Erickson               Forrester              Frye
Funderburk             Gambrell               Gilliard
Govan                  Harrell                Hayes
Hearn                  Henderson              Herbkersman
Hodges                 Hosey                  Howard
Huggins                Jefferson              Johnson
Knight                 Limehouse              Loftis
Long                   Lowe                   Lucas
Mack                   McEachern              McLeod
Merrill                Mitchell               V. S. Moss
Munnerlyn              J. H. Neal             J. M. Neal
Neilson                Ott                    Patrick
Pinson                 Pitts                  Pope
Sabb                   Sandifer               Sottile
Spires                 Stavrinakis            Tallon
Toole                  Vick                   White
Whitmire               Williams

Total--68

Those who voted in the negative are:

Bedingfield            Bikas                  Chumley
Delleney               McCoy                  D. C. Moss
Nanney                 Norman                 Quinn
Ryan                   Simrill                G. M. Smith
Taylor                 Tribble                Viers
Willis

Total--16

So, the Bill was read the second time and ordered to third reading.


Printed Page 2404 . . . . . Wednesday, April 13, 2011

H. 3934--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3934 (Word version) -- Reps. Bingham, Lowe, Atwater, Huggins, Bales, Pinson, Toole, Barfield, Clemmons, Norman, Owens, Lucas, Delleney, Loftis, Corbin, Simrill, Hixon, Taylor, D. C. Moss, J. R. Smith, Limehouse, Sottile, Bikas, Hiott, Parker, Allison, Long, Erickson, Patrick, Herbkersman, Merrill, Cole, Sellers, Ott, Hardwick, Hearn, Tallon, Stringer, Ryan, White, Pope, Henderson, Nanney, Sandifer, V. S. Moss, Horne, Neilson, Edge, Crawford, Viers, Quinn, Tribble, Willis, Parks, King, Ballentine, Bannister, Butler Garrick, J. E. Smith, Brannon, Bowen and Mitchell: A BILL TO AMEND SECTION 12-43-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT OF UNDEVELOPED ACREAGE SUBDIVIDED INTO LOTS, SO AS TO PROVIDE THAT THE DISCOUNT APPLIES TO A DEVELOPER THAT HAS FIVE LOTS INSTEAD OF TEN LOTS, AND TO PROVIDE THAT IF APPLICATION FOR THE DISCOUNTED RATE COMES AFTER MAY FIRST, BUT BEFORE JUNE FIRST, THE OWNER SHALL RECEIVE THE DISCOUNTED RATE BUT THE DISCOUNT SHALL BE REDUCED; AND TO AMEND SECTION 12-43-225, AS AMENDED, RELATING TO MULTIPLE LOT DISCOUNTS, SO AS TO PROVIDE THAT THE DISCOUNT APPLIES TO A DEVELOPER THAT HAS FIVE LOTS INSTEAD OF TEN LOTS, TO PROVIDE THAT IF APPLICATION FOR THE DISCOUNTED RATES COMES AT A CERTAIN TIME AFTER MAY FIRST, THE ASSESSOR STILL SHALL GRANT THE DISCOUNT IF ALL OTHER REQUIREMENTS ARE MET, TO PROVIDE THAT APPLICATION FOR THE DISCOUNTED RATE ONLY MUST BE MADE IN THE FIRST YEAR, AND TO TOLL TIME LIMITATIONS FOR CERTAIN PROPERTY.

Reps. COBB-HUNTER, MCLEOD, J. H. NEAL, SABB, R. L. BROWN, DANING, BARFIELD, LOWE, JOHNSON, WILLIAMS, MCEACHERN, JEFFERSON, GILLIARD, BRANTLEY, HOSEY, J. R. SMITH, HIXON, MACK and ANDERSON requested debate on the Bill.


Printed Page 2405 . . . . . Wednesday, April 13, 2011

H. 3762--DEBATE ADJOURNED

Rep. WHITE moved to adjourn debate upon the following Bill until Tuesday, April 26, which was adopted:

H. 3762 (Word version) -- Reps. Cooper, White, Bowen, Gambrell, Thayer, Sandifer, D. C. Moss, McLeod and Viers: A BILL TO AMEND SECTION 41-31-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNEMPLOYMENT INSURANCE TRUST FUND, SO AS TO PROVIDE THAT IN A YEAR IN WHICH THE FUND IS IN DEBT STATUS, THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE, AMONGST OTHER ESTIMATES, MUST ESTIMATE THE AMOUNT OF INCOME NECESSARY TO REPAY ALL OUTSTANDING FEDERAL LOANS WITHIN EIGHT YEARS.

H. 3956--DEBATE ADJOURNED

Rep. WHITE moved to adjourn debate upon the following Bill until Tuesday, April 26, which was adopted:

H. 3956 (Word version) -- Reps. Cooper, Skelton, White, Ott, Horne and Gambrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-119-180 SO AS TO ALLOW CLEMSON UNIVERSITY TO ENTER INTO GROUND LEASE AGREEMENTS WITH A PRIVATE ENTITY, TO PROVIDE WHAT THOSE AGREEMENTS MUST INCLUDE, TO PROVIDE FOR THE SURRENDERING OF THE PREMISES UPON THE EXPIRATION OF THE LEASE TERM, TO REQUIRE REVIEW OF THE LEASE BY THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE FULL FAITH AND CREDIT OF THE STATE MAY NOT BE PLEDGED.

H. 4088--RECALLED AND REFERRED TO COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS

On motion of Rep. OTT, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs:

H. 4088 (Word version) -- Reps. Ott, Brantley, Hardwick, Cobb-Hunter, Crawford, Spires, Frye, Gilliard, Battle, Bales, J. H. Neal, Jefferson, Atwater,


Printed Page 2406 . . . . . Wednesday, April 13, 2011

Brannon, Patrick, Anthony, Bowers, Branham, Clyburn, Hayes, Huggins, Long, Lowe, J. M. Neal and Toole: A BILL TO AMEND SECTION 14-1-207, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADDITIONAL ASSESSMENT FOR OFFENSES TRIED IN MAGISTRATES COURT, SO AS TO ADD VIOLATIONS OF TITLE 50 TO THE OFFENSES EXEMPT FROM THE ADDITIONAL ASSESSMENT.

OBJECTION TO RECALL

Rep. MERRILL asked unanimous consent to recall H. 4045 (Word version) from the Committee on Education and Public Works.
Rep. SABB objected.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. DELLENEY.

H. 3994--DEBATE ADJOURNED

Rep. STAVRINAKIS moved to adjourn debate upon the following Bill until Thursday, April 14, which was adopted:

H. 3994 (Word version) -- Reps. Stavrinakis, McCoy and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-245 SO AS TO PROVIDE THAT PUBLIC SWIMMING POOLS OPERATED BY THE STATE, OR A POLITICAL SUBDIVISION OF THE STATE, MUST HAVE ONE LIFEGUARD FOR EVERY FORTY SWIMMERS AND IF THERE ARE MORE THAN FORTY SWIMMERS, THERE MUST BE ONE LIFEGUARD FOR EVERY TWENTY SWIMMERS, WITH MORE TO BE ADDED IF NEEDED.

H. 3342--DEBATE ADJOURNED

Rep. DELLENEY moved to adjourn debate upon the following Bill until Thursday, April 14, which was adopted:

H. 3342 (Word version) -- Reps. Harrison and Weeks: A BILL TO AMEND SECTION 56-1-286, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OR DENIAL OF ISSUANCE OF A DRIVER'S LICENSE OR PERMIT TO OPERATE A MOTOR VEHICLE TO CERTAIN PERSONS WHO DRIVE A MOTOR VEHICLE WITH AN UNLAWFUL


Printed Page 2407 . . . . . Wednesday, April 13, 2011

ALCOHOL CONCENTRATION, SO AS TO DELETE THE TERM "ADMINISTRATIVE HEARING" AND REPLACE IT WITH THE TERM "CONTESTED CASE HEARING", TO PROVIDE THAT A CONTESTED CASE HEARING MUST BE HELD BEFORE THE OFFICE OF MOTOR VEHICLE HEARINGS PURSUANT TO ITS RULES OF PROCEDURE, AND TO DELETE THE TERM "DIVISION OF MOTOR VEHICLE HEARINGS" AND REPLACE IT WITH THE TERM "OFFICE OF MOTOR VEHICLE HEARINGS"; TO AMEND SECTION 56-5-2942, AS AMENDED, RELATING TO VEHICLE IMMOBILIZATION AFTER A CONVICTION FOR DRIVING A VEHICLE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR ANOTHER ILLEGAL SUBSTANCE, SO AS TO REVISE THE PROCEDURE WHEREBY THE DEPARTMENT OF MOTOR VEHICLES MAY RELEASE AN IMMOBILIZED VEHICLE REGISTERED TO A PERSON WHO HAS NOT BEEN CONVICTED OF DRIVING A VEHICLE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR ANOTHER UNLAWFUL SUBSTANCE; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE OR PERMIT FOR HIS REFUSAL TO SUBMIT TO A TEST TO DETERMINE HIS LEVEL OF ALCOHOL CONCENTRATION, SO AS TO DELETE THE TERM "ADMINISTRATIVE HEARING" AND REPLACE IT WITH THE TERM "CONTESTED CASE HEARING", TO PROVIDE THAT ADMINISTRATIVE HEARINGS ARE HELD BEFORE THE OFFICE OF MOTOR VEHICLE HEARINGS AND NOT THE DEPARTMENT OF MOTOR VEHICLES, AND TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES IS RESPONSIBLE FOR SENDING A HEARING OFFICER'S DECISION TO A PERSON WHO IS ELIGIBLE TO RECEIVE A RESTRICTED LICENSE PURSUANT TO THIS SECTION; AND TO AMEND SECTION 56-5-2952, AS AMENDED, RELATING TO THE FILING FEE TO REQUEST A CONTESTED CASE HEARING BEFORE THE OFFICE OF MOTOR VEHICLE HEARINGS, SO AS TO INCREASE THE FEE, TO DELETE THE TERM "ADMINISTRATIVE LAW COURT" AND REPLACE IT WITH THE TERM "OFFICE OF MOTOR VEHICLE HEARINGS", AND REVISE THE PROCEDURE FOR DISTRIBUTING FUNDS GENERATED FROM THE COLLECTION OF THESE FEES.


Printed Page 2408 . . . . . Wednesday, April 13, 2011

H. 3229--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3229 (Word version) -- Reps. Harrison, G. R. Smith, G. M. Smith and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "BEHAVIORAL HEALTH SERVICES ACT OF 2011" BY ADDING CHAPTER 10 TO TITLE 44 SO AS TO CREATE THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES COMPRISED OF THE DIVISION OF ALCOHOL AND OTHER DRUG ABUSE SERVICES AND THE DIVISION OF MENTAL HEALTH AND TO MAKE CONFORMING CHANGES, TO PROVIDE FOR THE DEPARTMENT'S POWERS AND DUTIES, INCLUDING DEVELOPING AND IMPLEMENTING A STATE PLAN FOR THE COORDINATED CARE AND UNIFIED DELIVERY OF BEHAVIORAL HEALTH SERVICES AND OVERSEEING THE ADMINISTRATION AND DELIVERY OF BEHAVIORAL HEALTH SERVICES, TO CREATE THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES ADVISORY COMMITTEE, TO PROVIDE FOR THE POWERS AND DUTIES OF THE ADVISORY COMMITTEE AND FOR THE MEMBERSHIP OF THE ADVISORY COMMITTEE, TO AUTHORIZE THE NEWLY CREATED DEPARTMENT TO PROMULGATE REGULATIONS, AND TO PROVIDE FOR THE DEPARTMENT'S ADMINISTRATIVE POWERS; TO AMEND SECTION 1-30-10, AS AMENDED, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO ADD THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES AND MAKE CONFORMING CHANGES; BY ADDING SECTION 1-30-68 SO AS TO TRANSFER ALL NECESSARY ENTITIES FROM THE DEPARTMENT OF ALCOHOL AND DRUG ABUSE SERVICES AND THE DEPARTMENT OF MENTAL HEALTH TO THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES; TO AMEND SECTION 1-30-20, RELATING TO AGENCIES PREVIOUSLY TRANSFERRED TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, SO AS TO PROVIDE THAT THE POWERS AND DUTIES OF THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES ARE TRANSFERRED TO AND DEVOLVED UPON THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES, DIVISION OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; TO AMEND SECTION 1-30-70,


Printed Page 2409 . . . . . Wednesday, April 13, 2011

RELATING TO AGENCIES PREVIOUSLY TRANSFERRED TO THE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT THE POWERS AND DUTIES OF THE DEPARTMENT OF MENTAL HEALTH ARE TRANSFERRED TO AND DEVOLVED UPON THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES, DIVISION OF MENTAL HEALTH; TO AMEND CHAPTER 9, TITLE 44, RELATING TO THE ORGANIZATION AND OPERATION OF THE DEPARTMENT OF MENTAL HEALTH AND ITS FACILITIES AND TO THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, SO AS TO CONFORM THE CHAPTER TO THE PROVISIONS OF THIS ACT AND TO RESTRUCTURE THE MENTAL HEALTH COMMISSION INTO AN ADVISORY BOARD; AND TO AMEND CHAPTER 49, TITLE 44, RELATING TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, SO AS TO CONFORM THE CHAPTER TO THE PROVISIONS OF THIS ACT AND TO CREATE AN ADVISORY BOARD TO THE DIVISION.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 82; Nays 10

Those who voted in the affirmative are:

Agnew                  Allison                Atwater
Barfield               Battle                 Bedingfield
Bikas                  Bingham                Bowen
Brady                  Brannon                Brantley
G. A. Brown            H. B. Brown            Butler Garrick
Chumley                Clyburn                Cobb-Hunter
Cole                   Crawford               Daning
Delleney               Erickson               Forrester
Frye                   Funderburk             Gambrell
Hardwick               Harrell                Hayes
Hearn                  Henderson              Herbkersman
Hixon                  Hodges                 Hosey
Huggins                Jefferson              Johnson
Knight                 Limehouse              Loftis
Long                   Lowe                   Lucas
McCoy                  McEachern              Mitchell
D. C. Moss             V. S. Moss             Munnerlyn
Murphy                 Nanney                 J. M. Neal

Printed Page 2410 . . . . . Wednesday, April 13, 2011

Neilson                Norman                 Ott
Owens                  Patrick                Pinson
Pitts                  Pope                   Quinn
Rutherford             Ryan                   Sandifer
Simrill                G. M. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Tallon                 Taylor                 Thayer
Toole                  Tribble                Vick
Viers                  White                  Whitmire
Willis

Total--82

Those who voted in the negative are:

Anderson               Bowers                 Crosby
Gilliard               Govan                  Howard
Mack                   McLeod                 J. H. Neal
Williams

Total--10

So, the Bill, as amended, was read the second time and ordered to third reading.

H. 3127--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3127 (Word version) -- Reps. Rutherford, G. R. Smith, Clyburn, Weeks, Whipper and R. L. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-925 SO AS TO PROVIDE THAT A LIMITED PARDON MAY BE GRANTED TO A PERSON WHO HAS BEEN CONVICTED OF A NONVIOLENT FELONY OFFENSE THAT WOULD ALLOW HIM TO CARRY A FIREARM USED FOR HUNTING TO AND FROM HIS HUNTING DESTINATION AND USE IT WHILE HUNTING.

Reps. KING and D. C. MOSS proposed the following Amendment No. 2 (COUNCIL\SWB\6138CM11), which was tabled:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:


Printed Page 2411 . . . . . Wednesday, April 13, 2011

/ SECTION   __.   Chapter 21, Title 24 of the 1976 Code is amended by adding:

"Article 8
Friendship Nine Act

Section 24-21-810.     This act may be known as the 'Friendship Nine Act'.

Section 24-21-820.     (A)   A person, who, prior to January 1, 1980, while protesting or challenging within the state, a state law, or a county or municipal ordinance whose purpose was to maintain racial segregation or racial discrimination of individuals, was convicted solely for the conduct related to the protest or challenge, upon written application to the Board of Probation, Parole and Pardon Services, must be granted a pardon of the conviction upon written application to the board. The board shall provide notice of the application to the solicitor where the violation occurred within thirty days after its submission to the board. The pardon must be granted within ninety days after submission of the application unless it is objected to by the solicitor on the grounds permitted in Section 24-21-830.

(B)   The board shall develop and distribute the application form to be used by an applicant.

Section 24-21-830.   (A)   A solicitor may object to an application for a pardon under this article only on the grounds that the application contains false or fraudulent information, or that the basis of the applicant's conviction was not for protesting or challenging a state law, or county or municipal ordinance whose purpose was to maintain racial segregation or racial discrimination of individuals.

(B)   If the solicitor objects to the granting of a pardon under this article and provides documentation supporting a finding that the application contains false or fraudulent information, or that the basis of the applicant's conviction was not for protesting or challenging a state law, or county or municipal ordinance whose purpose was to maintain racial segregation or racial discrimination of individuals, the board must:

(1)   notify the applicant in writing of the solicitor's objection and provide the applicant with a copy of all documents submitted by the solicitor within ten days of receiving the objection; and

(2)   provide the applicant with an opportunity to submit a written rebuttal to the objection of the solicitor within thirty days of receiving a copy of the solicitor's objection and supporting documentation.


Printed Page 2412 . . . . . Wednesday, April 13, 2011

(C)   The board must review the documentation submitted by the solicitor and any rebuttal matters submitted by the applicant, and render a determination within sixty days of receiving the solicitor's objection.

(D)   If the board determines that there is substantial evidence to support a finding that the application contains false or fraudulent information, or that the basis of the applicant's conviction was not for protesting or challenging a state law, or a county or municipal ordinance whose purpose was to maintain racial segregation or racial discrimination of individuals, the board must forward its findings and recommendations to the Governor for a final determination on whether to grant the application. If the board determines that substantial evidence does not exist to support a finding that the application contains false or fraudulent information, or that the basis of the applicant's conviction was not for protesting or challenging a state law, or county or municipal ordinance whose purpose was to maintain racial segregation or racial discrimination of individuals, then the application for a pardon must be granted.

Section 24-21-840.     If the convicted person is deceased, the application may be filed by a person who has legal authority to act on behalf of the deceased person.

Section 24-21-850.     (A)   Upon petition by the person obtaining a pardon, the record of the person pertaining solely to the conviction for which a pardon is granted under this article must be transferred by a court of competent jurisdiction to the South Carolina Department of Archives and History for confidential keeping. The record of the conviction maintained by the South Carolina Department of Archives and History shall be the only record of the conviction.

(B)   If the person is deceased, the petition may be filed by a person who has legal authority to act on behalf of the deceased person.

Section 24-21-860.     A person who receives a pardon pursuant to the provision of this article shall have his pardon application fee refunded to him within thirty days of the date the pardon is granted." /
Renumber sections to conform.
Amend title to conform.

Rep. RUTHERFORD moved to table the amendment, which was agreed to.


Printed Page 2413 . . . . . Wednesday, April 13, 2011

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 90; Nays 0

Those who voted in the affirmative are:

Agnew                  Allison                Anderson
Atwater                Barfield               Battle
Bedingfield            Bikas                  Bingham
Bowen                  Bowers                 Brady
Brannon                G. A. Brown            H. B. Brown
Butler Garrick         Chumley                Clyburn
Cobb-Hunter            Cole                   Crawford
Crosby                 Daning                 Delleney
Erickson               Forrester              Frye
Gambrell               Gilliard               Govan
Hardwick               Harrell                Hayes
Hearn                  Henderson              Herbkersman
Hiott                  Hixon                  Hodges
Hosey                  Howard                 Huggins
Jefferson              Johnson                Knight
Limehouse              Loftis                 Long
Lowe                   Lucas                  Mack
McCoy                  McEachern              McLeod
Mitchell               D. C. Moss             V. S. Moss
Munnerlyn              Murphy                 Nanney
J. H. Neal             J. M. Neal             Neilson
Norman                 Ott                    Owens
Patrick                Pinson                 Pitts
Pope                   Quinn                  Rutherford
Sabb                   Sandifer               Simrill
Skelton                G. M. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Tallon                 Thayer                 Toole
Vick                   Viers                  White
Whitmire               Williams               Willis

Total--90

Those who voted in the negative are:

Total--0


Printed Page 2414 . . . . . Wednesday, April 13, 2011

So, the Bill, as amended, was read the second time and ordered to third reading.

H. 3731--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3731 (Word version) -- Reps. Owens, Brantley, Daning, Brannon, Atwater, Patrick, Erickson, Bowen, R. L. Brown, Crosby, Long, Taylor and Willis: A BILL TO AMEND SECTION 56-27-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERM AND COST OF A PROFESSIONAL HOUSEMOVING LICENSE, SO AS TO REVISE THE ANNUAL RENEWAL FEE; AND TO AMEND SECTION 57-3-130, AS AMENDED, RELATING TO THE DEPARTMENT OF TRANSPORTATION'S SPECIAL PERMITS THAT AUTHORIZE A PERSON TO OPERATE OR MOVE A VEHICLE THAT EXCEEDS A CERTAIN SIZE, SO AS TO PROVIDE THAT THE DEPARTMENT MAY DETERMINE THE MAXIMUM SPEEDS AT WHICH PERMITTED LOADS MAY OPERATE, TO PROVIDE THAT FOR A LOAD TRAVELING UNDER POLICE ESCORT, THE ESCORT OFFICER MAY EXERCISE DISCRETION WHEN TEMPORARILY MOVING OUT OF THE TRAVELED WAY, AND TO PROVIDE AN ADDITIONAL IMPACT FEE FOR LOADS THAT EXCEED FIVE HUNDRED THOUSAND POUNDS.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 80; Nays 9

Those who voted in the affirmative are:

Agnew                  Allison                Atwater
Barfield               Battle                 Bedingfield
Bikas                  Bingham                Bowen
Bowers                 Brady                  Brannon
Brantley               Butler Garrick         Clyburn
Cobb-Hunter            Cole                   Crawford
Crosby                 Daning                 Delleney
Erickson               Forrester              Frye
Gambrell               Govan                  Hardwick
Harrell                Hayes                  Hearn
Henderson              Hiott                  Hixon

Printed Page 2415 . . . . . Wednesday, April 13, 2011

Hodges                 Hosey                  Howard
Huggins                Jefferson              Johnson
Limehouse              Loftis                 Long
Lowe                   Lucas                  Mack
McCoy                  McEachern              Merrill
Mitchell               D. C. Moss             V. S. Moss
Munnerlyn              Murphy                 J. H. Neal
J. M. Neal             Neilson                Norman
Owens                  Patrick                Pinson
Pitts                  Pope                   Quinn
Rutherford             Sabb                   Sandifer
Simrill                Skelton                G. M. Smith
J. R. Smith            Sottile                Spires
Tallon                 Taylor                 Thayer
Tribble                Vick                   White
Whitmire               Willis

Total--80

Those who voted in the negative are:

Anderson               G. A. Brown            H. B. Brown
Chumley                Funderburk             Knight
McLeod                 Stavrinakis            Williams

Total--9

So, the Bill was read the second time and ordered to third reading.

Rep. J. R. SMITH moved that the House do now adjourn, which was agreed to.

MOTION NOTED

Rep. MERRILL moved to reconsider the vote whereby H. 3059 (Word version) was rejected and the motion was noted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3253 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES


Printed Page 2416 . . . . . Wednesday, April 13, 2011

HIGHWAY 301 IN ORANGEBURG COUNTY FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 26 TO ITS INTERSECTION WITH HOMESTEAD ROAD "DR. THOMAS L. MOSS MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "DR. THOMAS L. MOSS MEMORIAL HIGHWAY".

H. 3382 (Word version) -- Reps. R. L. Brown, Bowers and Hodges: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF INTERSTATE HIGHWAY 95 FROM ITS INTERSECTION WITH THE COLLETON/HAMPTON COUNTY LINE TO ITS INTERSECTION WITH THE COLLETON/DORCHESTER COUNTY LINE "TUSKEGEE AIRMEN MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "TUSKEGEE AIRMEN MEMORIAL HIGHWAY".

H. 3764 (Word version) -- Rep. Bales: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT APPROPRIATE MARKERS OR SIGNS AT THE INTERSECTION OF UNIVERSAL DRIVE AND SUMTER HIGHWAY AND AT THE INTERSECTION OF UNIVERSAL DRIVE AND BURDELL DRIVE, BOTH IN RICHLAND COUNTY, THAT CONTAIN THE WORDS "IN MEMORY OF MARY L. SHIVERS".

H. 3870 (Word version) -- Rep. Mitchell: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME HIGHLAND AVENUE IN THE CITY OF SPARTANBURG "THOMAS RICE, JR. AVENUE" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS AVENUE THAT CONTAIN THE WORDS "THOMAS RICE, JR. AVENUE".

H. 4056 (Word version) -- Reps. Loftis, Funderburk, Agnew, Brady, Hardwick, Hodges, Gilliard, Allison, Pinson, Patrick, Brannon, Spires, Huggins, Crosby, Allen, Branham, Daning, Hamilton, Jefferson, D. C. Moss, Munnerlyn, Neilson, Pitts, Pope, Sandifer, J. E. Smith, Toole, Whipper, Williams, Willis, Alexander, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brantley, G. A. Brown, H. B. Brown, R. L. Brown,


Printed Page 2417 . . . . . Wednesday, April 13, 2011

Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Gambrell, Govan, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Horne, Hosey, Howard, Johnson, King, Knight, Limehouse, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, V. S. Moss, Murphy, Nanney, J. H. Neal, J. M. Neal, Norman, Ott, Owens, Parker, Parks, Quinn, Rutherford, Ryan, Sabb, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. R. Smith, Sottile, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tribble, Umphlett, Vick, Viers, Weeks, White, Whitmire and Young: A CONCURRENT RESOLUTION TO DECLARE SATURDAY, APRIL 30, 2011, AS "SOUTH CAROLINA E-CYCLES DAY", AND TO RECOGNIZE AND COMMEND THE PRIMARY SPONSOR, LG ELECTRONICS USA, AS WELL AS THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, WASTE MANAGEMENT, AND THE MANY OTHER BUSINESSES, GOVERNMENTAL ENTITIES, AND ORGANIZATIONS THAT ARE MAKING MULTIPLE E-WASTE COLLECTION EVENTS POSSIBLE ON THAT DAY.

H. 4066 (Word version) -- Reps. Clyburn, Alexander, Allen, Anderson, Brantley, R. L. Brown, Butler Garrick, Cobb-Hunter, Dillard, Gilliard, Govan, Hart, Hodges, Hosey, Howard, Jefferson, King, Mack, McEachern, J. H. Neal, Parks, Rutherford, Sabb, Sellers, Weeks, Whipper and Williams: A CONCURRENT RESOLUTION TO WELCOME BACK TO SOUTH CAROLINA RICK C. WADE, SENIOR ADVISOR AND DEPUTY CHIEF OF STAFF, UNITED STATES DEPARTMENT OF COMMERCE, AS HE BRINGS THE KEYNOTE ADDRESS ON THE OCCASION OF THE SOUTH CAROLINA LEGISLATIVE BLACK CAUCUS CORPORATE ROUNDTABLE BUSINESS LUNCHEON ON APRIL 15, 2011.

H. 4079 (Word version) -- Reps. Harrell, 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, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins,


Printed Page 2418 . . . . . Wednesday, April 13, 2011

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, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE IBM CORPORATION UPON THE OCCASION OF ITS CENTENNIAL ANNIVERSARY.

ADJOURNMENT

At 4:49 p.m. the House, in accordance with the motion of Rep. ANTHONY, adjourned in memory of former Mayor Bill Stribling of Spartanburg, to meet at 10:00 a.m. tomorrow.

***

This web page was last updated on Wednesday, November 23, 2011 at 1:56 P.M.