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


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Wednesday, April 18, 2012
(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 Proverbs 16:24: "Pleasant words are like a honeycomb, sweetness to the soul and health to the body."
Let us pray. Lord of life, fill us with joyful enthusiasm for a successful conclusion to the agenda of work and service of this day. Protect each of these Representatives as they plan and execute the laws and resolutions of this State. Provide all of these women and men with strength, courage, wisdom, and integrity. Continue Your blessings on our Nation, State, and those who lead us. Protect our defenders of freedom, at home and abroad, as they protect us. Heal the wounds, those seen and those hidden, of our brave warriors. Lord, in Your mercy, hear our prayer. 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. BRADY moved that when the House adjourns, it adjourn in memory of Leon Garber of Columbia, which was agreed to.

RATIFICATION OF ACTS

At 12:10 p.m. on Friday, April 13, 2012, the House attended in the Senate Chamber, where the following Act and Joint Resolution were duly ratified:

(R164, S. 1301 (Word version)) -- Senators Fair and Ford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-335 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND REQUIREMENTS UNDER WHICH THE


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MEMBERSHIP OF THE GOVERNING BODY OF CERTAIN PUBLIC SERVICE DISTRICTS MAY BE EXPANDED.

(R165, H. 4905 (Word version)) -- Reps. Bingham, Allison and Anthony: A JOINT RESOLUTION TO REQUIRE LOCAL SCHOOL DISTRICTS TO DECIDE AND NOTIFY TEACHERS OF THEIR EMPLOYMENT FOR THE 2012-2013 SCHOOL YEAR BY MAY 15, 2012; TO PROVIDE THAT A CONTINUING-CONTRACT TEACHER WHO IS BEING RECOMMENDED FOR FORMAL EVALUATION THE FOLLOWING SCHOOL YEAR MUST BE NOTIFIED IN WRITING ON OR BEFORE THE DATE THE SCHOOL DISTRICT ISSUES THE WRITTEN OFFER OF EMPLOYMENT OR REEMPLOYMENT; TO REQUIRE TEACHERS WHO ARE REEMPLOYED BY WRITTEN NOTIFICATION TO NOTIFY THE DISTRICT BOARD OF THEIR ACCEPTANCE WITHIN TEN DAYS OF RECEIPT OF WRITTEN NOTIFICATION OF EMPLOYMENT; AND TO ALLOW DISTRICTS TO UNIFORMLY NEGOTIATE SALARIES OF CERTAIN RETIRED TEACHERS BELOW THE DISTRICT SALARY SCHEDULE.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., April 17, 2012
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has sustained the Veto by the Governor on R. 135, H. 4723 by a vote of 0 to 38:

(R135) H. 4723 (Word version) -- Reps. Loftis, Corbin, Allen, Dillard, Hamilton, Henderson, Nanney, G. R. Smith, Stringer, Willis and Bannister: AN ACT TO AMEND ACT 848 OF 1954, RELATING TO THE CREATION OF THE BEREA WATER AND SEWER DISTRICT IN GREENVILLE COUNTY, SO AS TO ADD TWO ADDITIONAL MEMBERS TO THE GOVERNING COMMISSION AND PROVIDE FOR STAGGERING THEIR TERMS.

Very respectfully,
President
Received as information.


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MESSAGE FROM THE SENATE

Columbia, S.C., April 17, 2012
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:30 a.m. on Thursday, April 19, 2012, for the purpose of ratifying Acts.

Very respectfully,
President

On motion of Rep. HIXON the invitation was accepted.

REPORTS OF STANDING COMMITTEES

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

H. 5060 (Word version) -- Reps. Limehouse, McCoy, Gilliard, R. L. Brown, Stavrinakis and Harrell: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTURE OF SOUTH CAROLINA HIGHWAYS 703 AND 517 ON THE ISLE OF PALMS "STATE REPRESENTATIVE-MAYOR MIKE SOTTILE INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "STATE REPRESENTATIVE-MAYOR MIKE SOTTILE INTERSECTION".
Ordered for consideration tomorrow.

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

S. 1334 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 178 IN ORANGEBURG COUNTY FROM ITS INTERSECTION WITH BETHEL FOREST ROAD TO ITS INTERSECTION WITH GORDON DRIVE "MELVIN L. CRUM MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY


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THAT CONTAIN THE WORDS "MELVIN L. CRUM MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.

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

H. 3710 (Word version) -- Reps. J. E. Smith, Hayes, D. C. Moss and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-1-77 SO AS TO PROVIDE A BOARD OR COMMISSION THAT REGULATES THE LICENSURE OF A PROFESSION OR OCCUPATION UNDER TITLE 40 MAY ISSUE A TEMPORARY LICENSE FOR A PROFESSION OR OCCUPATION IT REGULATES TO THE SPOUSE OF AN ACTIVE DUTY MEMBER OF THE UNITED STATES ARMED FORCES IN CERTAIN CIRCUMSTANCES, TO PROVIDE REQUIREMENTS FOR OBTAINING THIS LICENSE, AND TO PROVIDE TIME LIMITS ON THE VALIDITY OF THIS LICENSE.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 3987 (Word version) -- Reps. Nanney, Brantley, Spires, Loftis, J. R. Smith, Stringer, Corbin, G. R. Smith, Clemmons, Crawford, Hamilton, Long, D. C. Moss, Simrill and Weeks: A BILL TO AMEND SECTION 63-17-2310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES REQUIRED TO PROVIDE INFORMATION TO THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF ESTABLISHING, MODIFYING, AND ENFORCING CHILD SUPPORT OBLIGATIONS, SO AS TO ALSO REQUIRE THESE ENTITIES TO PROVIDE THIS INFORMATION TO CLERKS OF COURT FOR THE SAME PURPOSE IN CASES NOT BEING ADMINISTERED PURSUANT TO TITLE IV-D OF THE SOCIAL SECURITY ACT BY THE DEPARTMENT OF SOCIAL SERVICES.
Ordered for consideration tomorrow.


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Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 4766 (Word version) -- Reps. Stringer and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 38 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA BENEFIT CORPORATION ACT" WHICH PERMITS A CORPORATION TO ELECT AS A CORPORATE PURPOSE THE PROVIDING OF CERTAIN PUBLIC BENEFITS WITHOUT SUBJECTING THE CORPORATION OR ITS DIRECTORS TO LIABILITY OR DERIVATIVE SUIT EXCEPT FOR SPECIFIED REASONS.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 4758 (Word version) -- Reps. Johnson, Brantley, Sabb, Govan, Brannon, Munnerlyn, Anthony, Edge, Pope, Simrill, Whipper and Weeks: A BILL TO AMEND SECTION 14-7-110 AND SECTION 14-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY COMMISSIONERS FOR THE PURPOSE OF THE SUMMONING OF JURORS IN CIRCUIT COURT AND THE USE OF A COMPUTER FOR THE DRAWING AND SUMMONING OF JURORS IN CIRCUIT COURT, RESPECTIVELY, BOTH SO AS TO DELETE REFERENCES TO JURY COMMISSIONERS AND ALLOW THE CLERK OF COURT OR THE DEPUTY CLERK TO PERFORM THE FUNCTION OF DRAWING AND SUMMONING JURORS.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

H. 4516 (Word version) -- Reps. Harrison and Weeks: A BILL TO AMEND SECTION 43-35-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INVESTIGATION OF ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS IN CERTAIN FACILITIES OPERATED BY THE STATE, SO AS TO PROVIDE THAT NONCRIMINAL REPORTS OF ABUSE, NEGLECT, AND EXPLOITATION OF PERSONS


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COMMITTED TO THE DEPARTMENT OF MENTAL HEALTH PURSUANT TO THE SEXUALLY VIOLENT PREDATOR ACT MUST BE REFERRED BY THE STATE LAW ENFORCEMENT DIVISION TO THE CLIENT ADVOCACY PROGRAM OF THE DEPARTMENT OF MENTAL HEALTH FOR INVESTIGATION.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:

S. 271 (Word version) -- Senators Cleary, Ford and Knotts: A BILL TO AMEND SECTION 15-41-30 OF THE 1976 CODE, RELATING TO AN INDIVIDUAL RETIREMENT ACCOUNT BEING EXEMPT FROM ATTACHMENT, LEVY, AND SALE, TO DELETE THE PROVISION THAT THE EXEMPTION ONLY APPLIES TO THE EXTENT REASONABLY NECESSARY FOR THE SUPPORT OF THE DEBTOR AND ANY DEPENDENT OF THE DEBTOR AND TO INCREASE THE ALLOWABLE AMOUNTS TO CONFORM TO THOSE ALLOWABLE UNDER FEDERAL BANKRUPTCY LAW.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3274 (Word version) -- Reps. Huggins, Atwater, Hamilton, Stringer, Nanney, Henderson, G. R. Smith and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-37-5 SO AS TO DEFINE THE TERMS "MALICIOUS PROPERTY DAMAGE" AND "THREAT TO HUMAN LIFE"; TO AMEND SECTION 27-37-30, RELATING TO A RULE TO SHOW CAUSE FOR THE EJECTMENT OF A TENANT, SO AS TO PROVIDE THE RULE MAY BE SERVED BY AFFIXING A COPY OF IT ALONE TO THE MOST CONSPICUOUS PART OF THE PREMISES IF GROUNDS FOR EJECTMENT FOR A RESIDENTIAL RENTAL AGREEMENT ARE CIRCUMSTANCES THAT CONSTITUTE MALICIOUS PROPERTY DAMAGE OR A THREAT TO HUMAN LIFE; TO AMEND SECTION 27-37-40, RELATING TO TENANT EJECTMENT ON FAILURE TO SHOW CAUSE, SO AS TO PROVIDE IF GROUNDS FOR EJECTMENT CONSTITUTE MALICIOUS PROPERTY DAMAGE OR THREAT TO HUMAN LIFE AND TENANT FAILS TO APPEAR AND SHOW


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CAUSE WITHIN FIVE DAYS, THE MAGISTRATE IMMEDIATELY SHALL ISSUE AN EJECTMENT WARRANT AND TENANT MUST BE EJECTED BY CERTAIN LAW ENFORCEMENT OFFICERS; AND TO AMEND SECTION 27-40-720, RELATING TO LANDLORD REMEDIES FOR TENANT NONCOMPLIANCE AFFECTING HEALTH AND SAFETY, SO AS TO PROVIDE AN EMERGENCY MEANS CIRCUMSTANCES CONSIDERED TO THREATEN SIGNIFICANT PROPERTY DAMAGE OR HUMAN LIFE.
Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

S. 391 (Word version) -- Senators Campsen, Scott and Rose: A BILL TO AMEND SECTION 7-13-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTICE OF GENERAL, MUNICIPAL, SPECIAL, AND PRIMARY ELECTIONS, SO AS TO CHANGE THE TIME IN WHICH ABSENTEE BALLOTS MAY BE OPENED FROM 2:00 P.M. TO 9:00 A.M., AND TO PROVIDE FOR A DATE ON WHICH AN ELECTION WILL BE HELD IN THE EVENT THAT IT IS POSTPONED; TO AMEND SECTION 7-13-40, RELATING TO THE TIME OF PARTY PRIMARY, CERTIFICATION OF NAMES, VERIFICATION OF CANDIDATES' QUALIFICATIONS, AND THE FILING FEE, SO AS TO CHANGE THE DATE FROM APRIL NINTH TO APRIL FIFTH; TO AMEND SECTION 7-13-190, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO ADD A SUBSECTION THAT PROVIDES FOR THE DATE OF AN ELECTION WHEN THE GOVERNOR DECLARES A STATE OF EMERGENCY FOR A JURISDICTION; AND TO AMEND SECTION 7-13-350, RELATING TO THE CERTIFICATION OF CANDIDATES AND VERIFICATION OF QUALIFICATIONS, SO AS TO CHANGE THE CERTIFICATION DATE FOR CANDIDATES FOR PRESIDENT AND VICE PRESIDENT FROM SEPTEMBER TENTH TO THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY OF SEPTEMBER.
Ordered for consideration tomorrow.


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HOUSE RESOLUTION

The following was introduced:

H. 5120 (Word version) -- Reps. Crawford, 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, Corbin, 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, 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, Putnam, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE FLORENCE COUNTY SHERIFF'S OFFICE PRO-ACTIVE CRIMINAL ENFORCEMENT (PACE) UNIT, AND TO CONGRATULATE ITS MEMBERS FOR BEING NAMED THE INTERDICTION TEAM OF THE YEAR FOR 2011 BY THE NATIONAL CRIMINAL ENFORCEMENT ASSOCIATION.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5121 (Word version) -- Reps. Crawford, 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, Corbin, 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,


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King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Putnam, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR DEPUTY DANE KEEFE OF THE FLORENCE COUNTY SHERIFF'S OFFICE PRO-ACTIVE CRIMINAL ENFORCEMENT (PACE) UNIT UPON RECEIVING THE 2011 NATIONAL CRIMINAL ENFORCEMENT ASSOCIATION (NCEA) STREET LEVEL INTERDICTION OFFICER OF THE YEAR AWARD, AND TO EXPRESS DEEP GRATITUDE FOR HIS MERITORIOUS SERVICE TO THE CITIZENS OF THIS GREAT STATE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5122 (Word version) -- Reps. Atwater, Agnew, Alexander, Allen, Allison, Anderson, Anthony, 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, 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, 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, Putnam, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO CONGRATULATE THE GILBERT HIGH SCHOOL CHORALE FOR CAPTURING


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FIRST PLACE IN THE PERFORMANCE COMPETITION OF THE 2012 SOUTH CAROLINA MUSIC EDUCATORS ASSOCIATION STATE HIGH SCHOOL CHORAL FESTIVAL.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5123 (Word version) -- Reps. Atwater, Agnew, Alexander, Allen, Allison, Anderson, Anthony, 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, 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, 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, Putnam, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, 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 GILBERT HIGH SCHOOL CHORALE, DIRECTOR, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM FOR CAPTURING TOP HONORS AT THE 2012 SOUTH CAROLINA MUSIC EDUCATORS ASSOCIATION STATE HIGH SCHOOL CHORAL FESTIVAL IN THE PERFORMANCE COMPETITION.

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 Gilbert High School Chorale, director, and school officials, at a date and time to be determined by the


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Speaker, for the purpose of recognizing and commending them for capturing top honors at the 2012 South Carolina Music Educators Association State High School Choral Festival in the performance competition.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5124 (Word version) -- Rep. H. B. Brown: A HOUSE RESOLUTION TO EXTEND WARMEST GREETINGS TO MR. PETER H. HUIZENGA OF OAK BROOK, ILLINOIS, ON THE OCCASION OF HIS SEVENTY-THIRD BIRTHDAY, TO THANK HIM FOR HIS MANY YEARS OF SERVICE TO THE STATE OF SOUTH CAROLINA, AND TO WISH HIM MANY YEARS OF HEALTH AND HAPPINESS TO COME.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5125 (Word version) -- Reps. McLeod, Neilson and Skelton: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE TO USE THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ON TUESDAY THROUGH THURSDAY, SEPTEMBER 11 THROUGH SEPTEMBER 13, 2012, PROVIDED THE HOUSE IS NOT IN SESSION, AND TO PROVIDE FOR THE USE OF THE HOUSE CHAMBER ON ALTERNATE DATES AND TIMES AS MAY BE SELECTED BY THE SPEAKER.

Be it resolved by the House of Representatives:

That the South Carolina Silver Haired Legislature is authorized to use the chamber of the South Carolina House of Representatives on Tuesday through Thursday, September 11 through September 13, 2012, provided the House of Representatives is not in session on that date. If the House of Representatives is in statewide session, the House chamber may not be used on those dates but may be used by the South


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Carolina Silver Haired Legislature on alternate dates and times as may be selected by the Speaker.

Be it further resolved that the use of the chamber of the South Carolina House of Representatives by the South Carolina Silver Haired Legislature must be in accordance with the policies and Rules of the South Carolina House of Representatives.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5126 (Word version) -- Reps. Jefferson, Crosby, Daning, Southard, Limehouse, Merrill and Lowe: A HOUSE RESOLUTION TO CONGRATULATE MRS. MAYBELL LANGLEY DAVIS ON THE OCCASION OF HER NINETY-NINTH BIRTHDAY, AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MANY YEARS OF CONTINUED HEALTH AND HAPPINESS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5127 (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, 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, 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, Putnam, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble,


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Vick, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA HONORS COLLEGE AT THE UNIVERSITY OF SOUTH CAROLINA ON BEING NAMED THE TOP HONORS PROGRAM IN AMERICA IN A REVIEW OF FIFTY PUBLIC UNIVERSITY HONORS PROGRAMS AND TO COMMEND THE COLLEGE ON ITS CONTINUED ENVIRONMENT OF EXCELLENCE.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5128 (Word version) -- Reps. Huggins, Ballentine, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, 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, Putnam, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A CONCURRENT RESOLUTION TO CONGRATULATE MARIA KENNEDY MUNGO OF COLUMBIA ON THE OCCASION OF HER FIFTIETH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MANY MORE YEARS OF HEALTH AND HAPPINESS.

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


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CONCURRENT RESOLUTION

The following was introduced:

H. 5130 (Word version) -- Reps. Alexander, Branham and Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF TV ROAD IN FLORENCE COUNTY FROM ITS INTERSECTION WITH MCIVER ROAD TO ITS INTERSECTION WITH WILSON ROAD "DR. WILLIAM P. DIGGS ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "DR. WILLIAM P. DIGGS ROAD".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

The following Bill was introduced, read the first time, and referred to appropriate committees:

H. 5129 (Word version) -- Reps. R. L. Brown, Gilliard, Mack and Whipper: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE GOVERNANCE OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THOSE PROCEDURES WHICH THE DISTRICT BOARD OF TRUSTEES MUST FOLLOW TO CLOSE A RURAL SCHOOL, TO DEFINE "RURAL SCHOOL", TO REQUIRE THE BOARD TO DOCUMENT THAT ANY SUCH CLOSING MUST RESULT IN A REDUCTION IN THE OPERATING EXPENSES OF THE DISTRICT TRANSLATED INTO AN ESTIMATED PROPERTY TAX MILLAGE REDUCTION THAT MUST BE REFLECTED BEGINNING FOR THE FIRST PROPERTY TAX YEAR AFTER THE CLOSING DATE, TO REQUIRE THE BOARD TO CONDUCT THREE PUBLIC HEARINGS IN THE AFFECTED COMMUNITY TO RECEIVE PUBLIC COMMENTS, TO SPECIFY OTHER CONSIDERATIONS RELATING TO TRAVEL TIME AND ADDITIONAL TRAVEL EXPENSES AND THE OVERALL BENEFIT TO STUDENTS AND THE DISTRICT FROM CLOSING THE SCHOOL, TO REQUIRE THE BOARD TO PREPARE A COMPREHENSIVE REPORT ON THESE ISSUES BEFORE MAKING A DECISION ON THE CLOSING AND REQUIRE THIS REPORT, ON COMPLETION, TO BE FORWARDED TO EACH MEMBER OF THE LEGISLATIVE


Printed Page 2358 . . . . . Wednesday, April 18, 2012

DELEGATION REPRESENTING THE CHARLESTON COUNTY SCHOOL DISTRICT.
Referred to Committee on Education and Public Works

ROLL CALL

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

Agnew                  Alexander              Allen
Allison                Anderson               Anthony
Atwater                Bales                  Ballentine
Bannister              Barfield               Battle
Bedingfield            Bingham                Bowen
Bowers                 Brady                  Branham
Brannon                Brantley               G. A. Brown
H. B. Brown            R. L. Brown            Chumley
Clemmons               Clyburn                Cobb-Hunter
Cole                   Corbin                 Crosby
Daning                 Delleney               Dillard
Erickson               Forrester              Frye
Funderburk             Gambrell               Gilliard
Govan                  Hamilton               Hardwick
Harrell                Harrison               Hayes
Hearn                  Henderson              Herbkersman
Hiott                  Hixon                  Hodges
Horne                  Hosey                  Howard
Huggins                Jefferson              Johnson
King                   Knight                 Limehouse
Loftis                 Long                   Lowe
Lucas                  Mack                   McEachern
McLeod                 Merrill                D. C. Moss
V. S. Moss             Munnerlyn              Murphy
Nanney                 J. M. Neal             Neilson
Norman                 Ott                    Owens
Parker                 Parks                  Patrick
Pinson                 Pitts                  Putnam
Quinn                  Ryan                   Sabb
Sandifer               Simrill                Skelton
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Southard
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer

Printed Page 2359 . . . . . Wednesday, April 18, 2012

Toole                  Weeks                  White
Williams               Willis                 Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, April 18.

David Tribble, Jr.                William R. "Bill" Whitmire
Jackson "Seth"  Whipper           Tracy Edge
Kris Crawford                     Thomas "Tommy" Pope
Bakari Sellers                    Peter McCoy, Jr.
Mia Butler Garrick                Chris Hart
Todd Rutherford                   Ted Vick
Joseph Neal

Total Present--121

STATEMENTS OF ATTENDANCE

Reps. EDGE, HART and RUTHERFORD signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, April 17.

DOCTOR OF THE DAY

Announcement was made that Dr. Ashish G. Shanbhag of Spartanburg was the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. BRANTLEY presented to the House the Northside Christian School "Lady Eagles" Varsity Girls Basketball Team, the 2012 South Carolina Association of Christian Schools Class AA Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Rep. CROSBY presented to the House the Thomas Heyward Academy "Lady Rebels" Varsity Girls Basketball Team, the 2012 South Carolina Independent School Association Class AA Champions, their coaches and other school officials.

CO-SPONSORS ADDED

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,


Printed Page 2360 . . . . . Wednesday, April 18, 2012

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-SPONSOR ADDED

Bill Number:   H. 3274 (Word version)
Date:   ADD:
04/18/12   WEEKS

CO-SPONSOR ADDED

Bill Number:   H. 3768 (Word version)
Date:   ADD:
04/18/12   PITTS

CO-SPONSOR ADDED

Bill Number:   H. 3987 (Word version)
Date:   ADD:
04/18/12   WEEKS

CO-SPONSORS ADDED

Bill Number:   H. 4200 (Word version)
Date:   ADD:
04/18/12   WHIPPER and R. L. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 4294 (Word version)
Date:   ADD:
04/18/12   BRADY


Printed Page 2361 . . . . . Wednesday, April 18, 2012

CO-SPONSORS ADDED

Bill Number:   H. 4497 (Word version)
Date:   ADD:
04/18/12   GILLIARD and JEFFERSON

CO-SPONSORS ADDED

Bill Number:   H. 4626 (Word version)
Date:   ADD:
04/18/12   WHIPPER and R. L. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 4516 (Word version)
Date:   ADD:
04/18/12   WEEKS

CO-SPONSORS ADDED

Bill Number:   H. 4705 (Word version)
Date:   ADD:
04/18/12   WHIPPER and R. L. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 4758 (Word version)
Date:   ADD:
04/18/12   WEEKS

CO-SPONSOR ADDED

Bill Number:   H. 4766 (Word version)
Date:   ADD:
04/18/12   WEEKS

CO-SPONSORS ADDED

Bill Number:   H. 5029 (Word version)
Date:   ADD:
04/18/12   SELLERS, BRADY, BOWEN and G. A. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 5072 (Word version)
Date:   ADD:
04/18/12   ANDERSON


Printed Page 2362 . . . . . Wednesday, April 18, 2012

H. 4550--DEBATE ADJOURNED

Rep. BALES moved to adjourn debate upon the following Bill until Tuesday, May 1, which was adopted:

H. 4550 (Word version) -- Reps. Rutherford, Bales, Ballentine, Brady, Butler Garrick, Harrison, Hart, Howard, McEachern, J. H. Neal and J. E. Smith: A BILL TO ABOLISH THE RICHLAND COUNTY BOARD OF ASSESSMENT CONTROL AND DEVOLVE ALL OF ITS DUTIES, POWERS, AND FUNCTIONS UPON THE RICHLAND COUNTY COUNCIL AND TO REPEAL SECTION 1 OF ACT 952 OF 1958.

S. 1412--ORDERED TO THIRD READING

The following Bill was taken up:

S. 1412 (Word version) -- Senators Grooms, Campbell and Campsen: A BILL TO AMEND ACT 518 OF 1982, RELATING TO BERKELEY COUNTY BOARD OF EDUCATION AS THE GOVERNING BODY OF THE SCHOOL DISTRICT OF BERKELEY COUNTY, SO AS TO REAPPORTION THE SPECIFIC ELECTION DISTRICTS FROM WHICH MEMBERS OF THE BERKELEY COUNTY BOARD OF EDUCATION SHALL BE ELECTED BEGINNING WITH SCHOOL BOARD ELECTIONS IN 2012, AND TO PROVIDE FOR DEMOGRAPHIC INFORMATION IN REGARD TO THESE NEWLY DRAWN ELECTION DISTRICTS.

The yeas and nays were taken resulting as follows:

Yeas 61; Nays 0

Those who voted in the affirmative are:

Allison                Anthony                Atwater
Bales                  H. B. Brown            Butler Garrick
Chumley                Clyburn                Cole
Corbin                 Crawford               Crosby
Daning                 Delleney               Forrester
Frye                   Funderburk             Govan
Hayes                  Hixon                  Horne
Hosey                  Huggins                Jefferson
Johnson                King                   Knight
Limehouse              Long                   Lowe
Lucas                  McCoy                  McEachern

Printed Page 2363 . . . . . Wednesday, April 18, 2012

Merrill                D. C. Moss             V. S. Moss
J. M. Neal             Neilson                Norman
Owens                  Parker                 Patrick
Pinson                 Pope                   Putnam
Quinn                  Rutherford             Ryan
Sabb                   Sandifer               Sellers
Simrill                J. E. Smith            Sottile
Southard               Spires                 Stavrinakis
Tallon                 Taylor                 Whitmire
Young

Total--61

Those who voted in the negative are:

Total--0

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

S. 1384--ORDERED TO THIRD READING

The following Bill was taken up:

S. 1384 (Word version) -- Senator Hayes: A BILL TO AMEND ACT 469 OF 2000, AS AMENDED, RELATING TO YORK COUNTY SCHOOL DISTRICT 1, SO AS TO REAPPORTION THE FIVE SPECIFIC ELECTION DISTRICTS FROM WHICH CERTAIN MEMBERS OF THE GOVERNING BODY OF THE YORK COUNTY SCHOOL DISTRICT 1 MUST BE ELECTED BEGINNING WITH SCHOOL TRUSTEE ELECTIONS IN 2012, AND TO PROVIDE FOR DEMOGRAPHIC INFORMATION IN REGARD TO THESE NEWLY DRAWN ELECTION DISTRICTS, AND MAKE NECESSARY CONFORMING CHANGES.

The yeas and nays were taken resulting as follows:

Yeas 53; Nays 0

Those who voted in the affirmative are:

Allison                Atwater                Bales
Barfield               Brady                  Brantley
G. A. Brown            H. B. Brown            Cole
Corbin                 Crosby                 Daning

Printed Page 2364 . . . . . Wednesday, April 18, 2012

Delleney               Frye                   Funderburk
Gambrell               Harrell                Harrison
Hearn                  Herbkersman            Hixon
Huggins                Johnson                King
Knight                 Loftis                 Long
Lowe                   Lucas                  McCoy
McEachern              Merrill                D. C. Moss
V. S. Moss             Munnerlyn              J. M. Neal
Neilson                Norman                 Owens
Parker                 Patrick                Pope
Putnam                 Quinn                  Ryan
Sabb                   Simrill                Skelton
Southard               Spires                 Tallon
Taylor                 Young

Total--53

Those who voted in the negative are:

Total--0

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

H. 4243--DEBATE ADJOURNED

Rep. QUINN moved to adjourn debate upon the following Bill until Tuesday, April 24, which was adopted:

H. 4243 (Word version) -- Reps. Quinn, Bingham, Toole, Huggins, Atwater and McLeod: A BILL TO AMEND SECTION 7-27-365, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION AND ELECTIONS COMMISSION FOR LEXINGTON COUNTY, SO AS TO INCREASE THE COMMISSION'S MEMBERSHIP FROM NINE TO ELEVEN MEMBERS.

H. 4672--REQUESTS FOR DEBATE

The following Joint Resolution was taken up:

H. 4672 (Word version) -- Rep. H. B. Brown: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING


Printed Page 2365 . . . . . Wednesday, April 18, 2012

TO THE ELIGIBILITY TO HOLD A POPULARLY ELECTED OFFICE IN THIS STATE, SO AS TO ELIMINATE THE EXCEPTION THAT ALLOWS A PERSON TO HOLD ELECTIVE OFFICE IF A PERSON'S CONVICTION HAS BEEN PARDONED UNDER STATE OR FEDERAL LAW, OR IF IT HAS BEEN FIFTEEN OR MORE YEARS AFTER THE COMPLETION DATE OF THE PERSON'S SENTENCE, INCLUDING PROBATION AND PAROLE TIME.

The Judiciary Committee proposed the following Amendment No. 1 to H. 4672 (COUNCIL\GGS\22332ZW12):
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   It is proposed that Section 1, Article VI of the Constitution of this State be amended to read:

"NoA person may not be popularly elected to and serve in any office in this State or its political subdivisions unless he possesses the qualifications of an elector, is not disqualified by age as prescribed in this Constitution, and has not been convicted of a felony under state or federal law or convicted of tampering with a voting machine, fraudulent registration or voting, bribery at elections, procuring or offering to procure votes by bribery, voting more than once at elections, impersonating a voter, or swearing falsely at elections/taking oath in another's name, or has not pled guilty or nolo contendere to these offenses. However, notwithstanding any other provision of this Constitution, this prohibition does not apply to a person who has been pardoned under state or federal law or to a person who files for public office fifteen years or more after the completion date of service of the sentence, including probation and parole time, nor shall any person, serving in office prior to the ratification of this provision, be required to vacate the office to which he is elected. NoA person may not be elected or appointed to office in this State for life or during good behavior, but the terms of all officers must be for some specified period except officers in the militia."
SECTION   2.   The proposed amendment in Section 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with following words:

"Must Section 1, Article VI of the South Carolina Constitution, relating to the eligibility to hold a popularly elected office in this State, be amended so as to eliminate the exception that allows a person to


Printed Page 2366 . . . . . Wednesday, April 18, 2012

hold elective office if a person's conviction has been pardoned under state or federal law, or it has been fifteen or more years after the completion date of the person's sentence, including probation and parole time?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word, 'No'."   /
Renumber sections to conform.
Amend title to conform.

Rep. DELLENEY explained the amendment.

Rep. HOWARD moved to adjourn debate on the Joint Resolution until Tuesday, May 1.

Rep. H. B. BROWN moved to table the motion.

Rep. HART demanded the yeas and nays which were taken, resulting as follows:

Yeas 71; Nays 34

Those who voted in the affirmative are:

Allison                Atwater                Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brady                  Brannon
H. B. Brown            Chumley                Clemmons
Cole                   Corbin                 Crawford
Crosby                 Daning                 Delleney
Erickson               Forrester              Frye
Funderburk             Gambrell               Hamilton
Harrell                Harrison               Hearn
Henderson              Herbkersman            Hixon
Horne                  Huggins                Limehouse
Loftis                 Long                   Lowe
Lucas                  McCoy                  D. C. Moss
V. S. Moss             Murphy                 Nanney
Norman                 Owens                  Parker
Patrick                Pinson                 Pitts

Printed Page 2367 . . . . . Wednesday, April 18, 2012

Pope                   Putnam                 Quinn
Ryan                   Sandifer               Simrill
Skelton                G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Southard               Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Toole                  White
Whitmire               Young

Total--71

Those who voted in the negative are:

Alexander              Bales                  Battle
Brantley               G. A. Brown            R. L. Brown
Butler Garrick         Clyburn                Cobb-Hunter
Dillard                Gilliard               Govan
Hart                   Hayes                  Hodges
Hosey                  Howard                 Jefferson
Johnson                King                   Mack
McEachern              McLeod                 Munnerlyn
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Rutherford
Sabb                   Vick                   Whipper
Williams

Total--34

So, the motion to adjourn debate was tabled.

Rep. HOWARD spoke against the amendment.
Rep. H. B. BROWN spoke in favor of the amendment.

Reps. RUTHERFORD, BRANNON, CRAWFORD, CHUMLEY, DANING, LOWE, HART, KING, HOWARD, J. H. NEAL, MCEACHERN, PARKS, COBB-HUNTER, JEFFERSON, WILLIAMS, SABB, VICK, PARKER, NEILSON, BALES, BRANTLEY, FORRESTER, PATRICK, R. L. BROWN, WHIPPER, CLYBURN, HOSEY, GILLIARD, MACK and YOUNG requested debate on the Joint Resolution.


Printed Page 2368 . . . . . Wednesday, April 18, 2012

STATEMENT FOR THE JOURNAL

I chose to abstain from voting on H. 4672, due to an opponent having a felony conviction in a current election.

Rep. Karl Allen

H. 4269--INTERRUPTED DEBATE

The following Bill was taken up:

H. 4269 (Word version) -- Rep. Sandifer: A BILL TO AMEND SECTION 37-3-202, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL CHARGES ASSOCIATED WITH CONSUMER LOANS, SO AS TO INCLUDE A CHARGE FOR THE ACTUAL COST INCURRED BY A LICENSEE FOR PROCESSING AN AUTOMATED CLEARING HOUSE PAYMENT AND A CHARGE FOR THE ACTUAL COST INCURRED BY A LICENSEE FOR PAYMENTS MADE BY CONSUMERS VIA CREDIT OR DEBIT CARDS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 to H. 4269 (COUNCIL\AGM\ 19475AB12):
Amend the bill, as and if amended, Section 37-3-202(1)(g), as contained in SECTION 1, page 1, line 28, by deleting / the actual cost incurred by a licensee / and inserting / five dollars /
amend the bill further, Section 37-3-202(1)(h), as contained in SECTION 1, page 1, line 30, by deleting / the actual cost incurred by a licensee, due to / and inserting / five dollars for /
Renumber sections to conform.
Amend title to conform.

Rep. TOOLE explained the amendment.

Rep. TOOLE moved to adjourn debate on the amendment, which was agreed to.

Rep. SANDIFER proposed the following Amendment No. 2 to H. 4269 (COUNCIL\AGM\19545AB12):
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:


Printed Page 2369 . . . . . Wednesday, April 18, 2012

/ SECTION   1.   Section 37-3-202(1) of the 1976 Code, as last amended by Act 234 of 2004, is amended by adding the following subitems at the end to read:

"(g)   five dollars for processing an automated clearing house payment unless:

(i)     the licensee requires the consumer to use the payment method;

(ii)   the payment was authorized by the consumer in advance to recur at regular intervals; or

(iii)   the payment does not clear the consumer's bank account within three business days after the payment authorization by the consumer;

(h)   five dollars for accepting payment made via debit or credit card. This charge must be equal to the difference in the amount of payment made by the debit or credit card holder on a consumer loan and the actual amount received by the licensee from the credit card processing company unless:

(i)     the licensee requires the consumer to use the payment method;

(ii)   the payment was authorized by the consumer in advance to recur at regular intervals; or

(iii)   the payment does not clear the consumer's bank account within three business days after the payment authorization by the consumer."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. TOOLE explained the amendment.

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

H. 5104--RECALLED FROM COMMITTEE ON JUDICIARY

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

H. 5104 (Word version) -- Reps. McLeod and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 TO TITLE 2 SO AS TO REQUIRE ALL TESTIMONY GIVEN TO A COMMITTEE OR SUBCOMMITTEE OF THE


Printed Page 2370 . . . . . Wednesday, April 18, 2012

GENERAL ASSEMBLY MUST BE UNDER OATH AND TO CREATE THE OFFENSES OF CONTEMPT OF THE GENERAL ASSEMBLY AND CRIMINAL CONTEMPT AND PROVIDE A PENALTY FOR A VIOLATION.

H. 5100--RECALLED AND REFERRED TO COMMITTEE ON LABOR, COMMERCE AND INDUSTRY

On motion of Rep. SANDIFER, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Labor, Commerce and Industry:

H. 5100 (Word version) -- Reps. Toole and Sandifer: A BILL TO AMEND CHAPTER 20, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO SELF-SERVICE STORAGE FACILITIES, SO AS TO DEFINE 'ELECTRONIC MAIL', TO PROVIDE THAT WHEN RENT OR OTHER CHARGES ARE FIVE OR MORE DAYS PAST DUE THE OWNER MAY DENY THE OCCUPANT ACCESS TO THE PERSONAL PROPERTY AND THE OCCUPANT IS CONSIDERED IN DEFAULT, TO PROVIDE THAT WHEN RENT OR OTHER CHARGES ARE FOURTEEN OR MORE DAYS PAST DUE THE OCCUPANT MUST BE NOTIFIED, AND TO PROVIDE THE PROCESS BY WHICH A DEFAULTING OCCUPANT'S PERSONAL PROPERTY MAY BE DESTROYED OR SOLD.

H. 4317--RECALLED AND REFERRED TO
COMMITTEE ON MEDICAL, MILITARY,
PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. SANDIFER, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Medical, Military, Public and Municipal Affairs:

H. 4317 (Word version) -- Reps. Allison, Ott, Viers, Edge, Brady, J. E. Smith, Limehouse, Dillard and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 155 TO TITLE 59 TO ENACT THE "HOME VISITATION ACCOUNTABILITY ACT OF 2012" SO AS TO ESTABLISH THE HOME VISITATION BOARD AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO PROVIDE CRITERIA FOR HOME VISITATION PROGRAMS; TO PROVIDE THAT THE BOARD SHALL DEVELOP DATA CONTENT AND


Printed Page 2371 . . . . . Wednesday, April 18, 2012

COLLECTION REQUIREMENTS; TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO EVALUATE HOME VISITATION PROGRAMS; AND TO SPECIFY ALLOCATION OF STATE FUNDING FOR HOME VISITATION PROGRAMS.

H. 3066--DEBATE ADJOURNED

The Senate Amendments to the following Bill were taken up for consideration:

H. 3066 (Word version) -- Reps. G. R. Smith, Daning, Ballentine, Harrison, Allison, Hamilton, G. M. Smith, Bingham, Long, Henderson, Erickson, Horne, Willis, Weeks, McLeod, Pope, Simrill, Lucas, Norman, D. C. Moss, Clemmons, Harrell, Atwater, Bedingfield, Funderburk and Edge: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2011" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING CHAPTER 2 TO TITLE 2 SO AS TO PROVIDE FOR LEGISLATIVE OVERSIGHT OF EXECUTIVE DEPARTMENTS AND THE PROCESSES AND PROCEDURES TO BE FOLLOWED IN CONNECTION WITH THIS OVERSIGHT; TO AMEND SECTIONS 1-11-20, AS AMENDED, 1-11-22, 1-11-55, 1-11-56, 1-11-58, 1-11-65, 1-11-67, 1-11-70, 1-11-80, 1-11-90, 1-11-100, 1-11-110, 1-11-180, 1-11-220, 1-11-225, 1-11-250, 1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, AS AMENDED, 1-11-315, 1-11-320, 1-11-335, 1-11-340, 1-11-435; 2-13-240, CHAPTER 9, TITLE 3; 10-1-10, 10-1-30, AS AMENDED, 10-1-40, 10-1-130, 10-1-190, CHAPTER 9, TITLE 10, 10-11-50, AS AMENDED, 10-11-90, 10-11-110, 10-11-140, 10-11-330; 11-9-610,


Printed Page 2372 . . . . . Wednesday, April 18, 2012

11-9-620, 11-9-630, 11-35-3810, AS AMENDED, 11-35-3820, AS AMENDED, 11-35-3830, AS AMENDED, 11-35-3840, AS AMENDED, 13-7-30, AS AMENDED, 13-7-830, AS AMENDED; 44-53-530, AS AMENDED, AND 44-96-140; 48-46-30, 48-46-40, 48-46-50, 48-46-60, 48-46-90, 48-52-410, 48-52-440, AND 48-52-460; AND BY ADDING SECTION 1-11-185 RELATING TO VARIOUS AGENCY OR DEPARTMENT PROVISIONS SO AS TO CONFORM THEM TO THE ABOVE PROVISIONS PERTAINING TO THE NEW DEPARTMENT OF ADMINISTRATION OR TO SUPPLEMENT SUCH PROVISIONS.

Rep. G. R. SMITH moved to adjourn debate upon the Senate Amendments until Thursday, April 19, which was agreed to.

H. 4664--DEBATE ADJOURNED

The Senate Amendments to the following Bill were taken up for consideration:

H. 4664 (Word version) -- Rep. Clyburn: A BILL TO AMEND SECTION 11-50-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA RURAL INFRASTRUCTURE AUTHORITY, SO AS TO PROVIDE FOR THE APPOINTMENT OF CERTAIN MEMBERS OF THE GOVERNING BOARD OF THE AUTHORITY.

Rep. CLYBURN moved to adjourn debate upon the Senate Amendments until Thursday, April 19, which was agreed to.

H. 4595--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration:

H. 4595 (Word version) -- Reps. Bingham, Allison, Anthony and White: A BILL TO AMEND ACT 73 OF 2011, RELATING TO THE 2011-2012 GENERAL APPROPRIATIONS ACT, SO AS TO REVISE PARAGRAPH 1A.54, SECTION 1A, PART IB, DIRECTING THE DEPARTMENT OF EDUCATION TO TRANSFER CERTAIN FUNDS TO MEET MAINTENANCE OF EFFORT REQUIREMENTS FOR THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT BY PROVIDING THAT THE DOLLAR


Printed Page 2373 . . . . . Wednesday, April 18, 2012

AMOUNT DIRECTED TO BE TRANSFERRED MUST BE "UP TO" THAT AMOUNT AND NOT THE SPECIFIC AMOUNT STIPULATED.

Rep. ALLISON explained the Senate Amendments.

The question then recurred to the concurrence in the Senate amendments.

The yeas and nays were taken resulting as follows:

Yeas 111; Nays 0

Those who voted in the affirmative are:

Agnew                  Allison                Anderson
Anthony                Atwater                Ballentine
Bannister              Barfield               Battle
Bedingfield            Bingham                Bowen
Bowers                 Brady                  Branham
Brannon                Brantley               H. B. Brown
R. L. Brown            Butler Garrick         Chumley
Clemmons               Clyburn                Cobb-Hunter
Cole                   Corbin                 Crawford
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                  Huggins                Jefferson
Johnson                King                   Knight
Limehouse              Loftis                 Long
Lowe                   Lucas                  Mack
McCoy                  McEachern              Merrill
D. C. Moss             Munnerlyn              Murphy
Nanney                 J. H. Neal             J. M. Neal
Neilson                Norman                 Ott
Parker                 Parks                  Patrick
Pinson                 Pitts                  Pope
Putnam                 Quinn                  Rutherford

Printed Page 2374 . . . . . Wednesday, April 18, 2012

Ryan                   Sabb                   Sandifer
Sellers                Simrill                Skelton
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Southard
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Toole                  Vick                   Weeks
Whipper                White                  Whitmire
Williams               Willis                 Young

Total--111

Those who voted in the negative are:

Total--0

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4664--RECONSIDERED

Rep. CLYBURN moved to reconsider the vote whereby debate was adjourned on the Senate amendments on the following Bill, which was agreed to:

H. 4664 (Word version) -- Rep. Clyburn: A BILL TO AMEND SECTION 11-50-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA RURAL INFRASTRUCTURE AUTHORITY, SO AS TO PROVIDE FOR THE APPOINTMENT OF CERTAIN MEMBERS OF THE GOVERNING BOARD OF THE AUTHORITY.

H. 4664--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration:

H. 4664 (Word version) -- Rep. Clyburn: A BILL TO AMEND SECTION 11-50-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA RURAL INFRASTRUCTURE AUTHORITY,


Printed Page 2375 . . . . . Wednesday, April 18, 2012

SO AS TO PROVIDE FOR THE APPOINTMENT OF CERTAIN MEMBERS OF THE GOVERNING BOARD OF THE AUTHORITY.

The yeas and nays were taken resulting as follows:

Yeas 108; Nays 0

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Allison                Anderson               Anthony
Bannister              Barfield               Battle
Bedingfield            Bingham                Bowen
Bowers                 Brady                  Branham
Brannon                Brantley               G. A. Brown
H. B. Brown            R. L. Brown            Butler Garrick
Chumley                Clemmons               Clyburn
Cobb-Hunter            Cole                   Corbin
Crawford               Crosby                 Daning
Delleney               Dillard                Edge
Erickson               Forrester              Funderburk
Gambrell               Gilliard               Govan
Hamilton               Hardwick               Harrell
Harrison               Hart                   Hayes
Hearn                  Hiott                  Hixon
Hodges                 Horne                  Hosey
Huggins                Jefferson              Johnson
King                   Knight                 Limehouse
Loftis                 Long                   Lucas
Mack                   McCoy                  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                   Sabb
Sandifer               Sellers                Simrill
Skelton                G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Southard               Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Toole                  Vick                   Weeks

Printed Page 2376 . . . . . Wednesday, April 18, 2012

Whipper                White                  Whitmire
Williams               Willis                 Young

Total--108

Those who voted in the negative are:

Total--0

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 710--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration:

S. 710 (Word version) -- Senators Knotts, O'Dell, Ford, Alexander, Bryant and Setzler: A BILL TO AMEND SECTION 56-1-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND CONTENTS OF A SOUTH CAROLINA DRIVER'S LICENSE, SO AS TO, UPON THE LICENSEE'S REQUEST AND PROOF OF ELIGIBILITY, INCLUDE A VETERAN STATUS DESIGNATION ON THE DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO, UPON THE CARD HOLDER'S REQUEST AND PROOF OF ELIGIBILITY, INCLUDE A VETERAN STATUS DESIGNATION ON THE SPECIAL IDENTIFICATION CARD.

Rep. DANING explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 105; Nays 0

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Atwater                Ballentine
Bannister              Barfield               Battle
Bedingfield            Bingham                Bowen

Printed Page 2377 . . . . . Wednesday, April 18, 2012

Bowers                 Brady                  Branham
Brannon                Brantley               G. A. Brown
H. B. Brown            R. L. Brown            Butler Garrick
Clemmons               Clyburn                Cobb-Hunter
Cole                   Corbin                 Crawford
Crosby                 Daning                 Delleney
Dillard                Edge                   Erickson
Forrester              Frye                   Funderburk
Gambrell               Gilliard               Govan
Hamilton               Hardwick               Harrell
Harrison               Hayes                  Henderson
Herbkersman            Hixon                  Hodges
Hosey                  Huggins                Jefferson
Johnson                King                   Knight
Loftis                 Long                   Lowe
Lucas                  McCoy                  McEachern
Merrill                D. C. Moss             V. S. Moss
Nanney                 J. H. Neal             J. M. Neal
Neilson                Norman                 Ott
Owens                  Parker                 Parks
Patrick                Pinson                 Pitts
Pope                   Putnam                 Rutherford
Ryan                   Sabb                   Sandifer
Sellers                Simrill                Skelton
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Southard
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Toole                  Vick                   Weeks
Whipper                White                  Whitmire
Williams               Willis                 Young

Total--105

Those who voted in the negative are:

Total--0

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.


Printed Page 2378 . . . . . Wednesday, April 18, 2012

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on S. 710. If I had been present, I would have voted in favor of the Bill.

Rep. George Hearn

H. 4043--SENT TO THE SENATE

The following Bill was taken up:

H. 4043 (Word version) -- Reps. Tallon, Patrick, Pinson, Allison, V. S. Moss, Atwater, Brannon, Chumley, Bingham, Ballentine, Cole, Horne, Young, Hixon, Clemmons, Toole, Erickson, D. C. Moss and Frye: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-35-122 SO AS TO PROVIDE THAT AN EMPLOYER MAY CONFIDENTIALLY NOTIFY THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE WHEN A PROSPECTIVE EMPLOYEE FAILS A DRUG TEST REQUIRED BY THE EMPLOYER AS A CONDITION OF EMPLOYMENT IF THE PROSPECTIVE EMPLOYEE IS RECEIVING UNEMPLOYMENT BENEFITS, TO PROVIDE THE DEPARTMENT SHALL SUSPEND THE BENEFITS OF A PERSON WHO, WHILE RECEIVING BENEFITS, FAILS A DRUG TEST TAKEN AS A CONDITION OF AN APPLICATION FOR EMPLOYMENT, TO PROVIDE THE DEPARTMENT MAY NOT RESTORE THESE SUSPENDED BENEFITS UNTIL THE PERSON HAS SUCCESSFULLY COMPLETED A CERTAIN DRUG TREATMENT PROGRAM AND PASSED A DRUG TEST, TO PROVIDE THE DEPARTMENT MAY NOT PROVIDE OR RESTORE RETROACTIVELY A BENEFIT TO A PERSON FOR A PERIOD IN WHICH HIS BENEFITS ARE SUSPENDED UNDER THIS SECTION, TO PROVIDE THE DEPARTMENT SHALL DEVELOP A CONSENT FORM THAT AN EMPLOYER MAY USE TO OBTAIN THE CONSENT OF A PROSPECTIVE EMPLOYEE TO GIVE THE DEPARTMENT THE RESULTS OF A DRUG TEST REQUIRED BY THE EMPLOYER AS A CONDITION OF EMPLOYMENT, TO PROVIDE THAT THE USE OF THIS CONSENT FORM LIMITS THE LIABILITY OF THE EMPLOYER FOR BREACH OF CONFIDENTIALITY, INVASION OF PRIVACY, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, AND DEFAMATION CLAIMS RESULTING FROM


Printed Page 2379 . . . . . Wednesday, April 18, 2012

THE PROVISION OF THE DRUG TEST RESULTS TO THE DEPARTMENT, AND TO DEFINE A "DRUG TEST".

Rep. NEILSON demanded the yeas and nays which were taken, resulting as follows:

Yeas 78; Nays 31

Those who voted in the affirmative are:

Agnew                  Allison                Anthony
Atwater                Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Brady
Brannon                Chumley                Clemmons
Cole                   Corbin                 Crawford
Crosby                 Daning                 Delleney
Edge                   Erickson               Forrester
Frye                   Funderburk             Gambrell
Hamilton               Hardwick               Harrell
Harrison               Hayes                  Hearn
Henderson              Hixon                  Horne
Huggins                Limehouse              Loftis
Long                   Lucas                  McCoy
Merrill                D. C. Moss             V. S. Moss
Murphy                 Nanney                 J. M. Neal
Norman                 Owens                  Parker
Patrick                Pinson                 Pitts
Pope                   Putnam                 Quinn
Ryan                   Sandifer               Simrill
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Southard
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Toole                  Vick                   White
Whitmire               Willis                 Young

Total--78

Those who voted in the negative are:

Alexander              Allen                  Anderson
Bales                  Bowers                 Branham
Brantley               G. A. Brown            H. B. Brown

Printed Page 2380 . . . . . Wednesday, April 18, 2012

R. L. Brown            Butler Garrick         Clyburn
Cobb-Hunter            Dillard                Gilliard
Govan                  Hart                   Hodges
Hosey                  Jefferson              Johnson
King                   McEachern              J. H. Neal
Neilson                Parks                  Sabb
Sellers                Weeks                  Whipper
Williams

Total--31

The Bill, as amended, was read the third time, and ordered sent to the Senate.

RECORD FOR VOTING

I intended to vote in favor of H. 4043, the Drug Test Employment Bill, but unfortunately, I pressed the wrong button and a 'nay' vote was recorded instead.

Rep. Bill Bowers

LEAVE OF ABSENCE

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

RECURRENCE TO THE MORNING HOUR

Rep. ALLEN moved that the House recur to the morning hour, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 4497 (Word version) -- Reps. Sellers, Johnson, Brady, Gilliard and Jefferson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-187 SO AS TO ENACT THE "CERVICAL CANCER PREVENTION ACT"; TO PROVIDE THAT BEGINNING WITH THE 2012-2013 SCHOOL YEAR, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL OFFER AS AN OPTION THE CERVICAL CANCER VACCINE SERIES TO FEMALE STUDENTS


Printed Page 2381 . . . . . Wednesday, April 18, 2012

ENROLLING IN THE SEVENTH GRADE; TO PROVIDE THE STUDENT MAY ONLY RECEIVE THESE VACCINATIONS AT THE OPTION OF THE PARENT OR GUARDIAN OF THE CHILD; TO PROVIDE A PROCEDURE THROUGH WHICH A PARENT OR GUARDIAN MAY EXERCISE THE OPTION FOR THEIR CHILD TO RECEIVE THESE VACCINATIONS; TO REQUIRE A RELATED EDUCATION PROGRAM; AND TO PROVIDE THAT IMPLEMENTATION OF THIS SECTION IS CONTINGENT UPON STATE AND FEDERAL FUNDING.
Ordered for consideration tomorrow.

Rep. OWENS, from the Pickens Delegation, submitted a favorable report on:

S. 1316 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 7-7-450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN PICKENS COUNTY, SO AS TO REDESIGNATE A MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE DIVISION OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC LANGUAGE.
Ordered for consideration tomorrow.

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

H. 5101 (Word version) -- Reps. Limehouse, Sottile, Gilliard, R. L. Brown, Harrell, Mack and Whipper: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 211 ALONG INTERSTATE HIGHWAY 26 IN CHARLESTON COUNTY "CONGRESSMAN THOMAS F. HARTNETT INTERCHANGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS EXIT THAT CONTAIN THE WORDS "CONGRESSMAN THOMAS F. HARTNETT INTERCHANGE".
Ordered for consideration tomorrow.


Printed Page 2382 . . . . . Wednesday, April 18, 2012

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

S. 1432 (Word version) -- Senators Knotts, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Elliott, Fair, Ford, Gregory, Grooms, Hayes, Hutto, Jackson, Land, Leatherman, Leventis, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Ryberg, Scott, Setzler, Sheheen, Shoopman, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT APPROPRIATE MARKERS OR SIGNS ALONG THE EAST AND WEST BOUND LANES OF INTERSTATE HIGHWAY 20 AT MILE MARKER 49 THAT CONTAIN THE WORDS "SCHP PATROLMAN BEN W. STRICKLAND MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.

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

S. 1434 (Word version) -- Senators Alexander, L. Martin, Matthews, Peeler and Verdin: A CONCURRENT RESOLUTION TO CONGRATULATE THE PRESIDENT AND THE CONGRESS OF THE UNITED STATES, THE AMERICAN PEOPLE AND THE CITIZENS OF SOUTH CAROLINA ON THE ONE HUNDRED FIFTIETH ANNIVERSARY OF THE PASSAGE OF THE MORRILL ACT LEGISLATION, WHICH PROVIDED STATES WITH INCENTIVES TO BUILD A SYSTEM OF HIGHER EDUCATIONAL OPPORTUNITIES AND TO BUILD AMERICAN RESEARCH CAPACITY BY HARNESSING THE NATION'S RESERVOIR OF INTELLECTUAL CAPITAL.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 5133 (Word version) -- Rep. McLeod: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE NEWBERRY HIGH SCHOOL VARSITY BOYS BASKETBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON, AND


Printed Page 2383 . . . . . Wednesday, April 18, 2012

TO CONGRATULATE THEM FOR CAPTURING THE 2012 CLASS AA UPPER STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5134 (Word version) -- Rep. Merrill: A HOUSE RESOLUTION TO CONGRATULATE THE HANAHAN HIGH SCHOOL WRESTLING TEAM ON A SUPERLATIVE SEASON AND TO SALUTE THESE ATHLETES AND THEIR COACHES ON WINNING THE 2012 CLASS AA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5135 (Word version) -- Rep. Merrill: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE HANAHAN HIGH SCHOOL WRESTLING 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 2012 CLASS AA 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 Hanahan High School wrestling 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 2012 Class AA State Championship title.

The Resolution was adopted.


Printed Page 2384 . . . . . Wednesday, April 18, 2012

HOUSE RESOLUTION

The following was introduced:

H. 5136 (Word version) -- Reps. Gilliard, Stavrinakis, McCoy, Limehouse, Hosey, Harrell, R. L. Brown, Clyburn, Mack, Sottile and Whipper: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND CHAPLAIN EVA SMITH FOR HER TWELVE YEARS OF DEDICATED SERVICE AS A MINISTER AT THE SHERIFF AL CANNON DETENTION CENTER IN NORTH CHARLESTON AND TO WISH HER GOD'S RICHEST BLESSINGS AS SHE CONTINUES TO SERVE THE LORD.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5137 (Word version) -- Reps. Clemmons, 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, Clyburn, Cobb-Hunter, Cole, 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, 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, Putnam, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR MASTER CORPORAL MIKE GUTHINGER OF THE MYRTLE BEACH POLICE DEPARTMENT FOR OUTSTANDING LEADERSHIP AND SERVICE TO THE FORCE AND TO HIS SURROUNDING COMMUNITY AND TO CONGRATULATE HIM ON BEING NAMED THE MYRTLE BEACH ROTARY CLUB 2011


Printed Page 2385 . . . . . Wednesday, April 18, 2012

OFFICER JOE MCGARRY MEMORIAL POLICE OFFICER OF THE YEAR.

The Resolution was adopted.

CONCURRENT RESOLUTION

On motion of Rep. CLEMMONS, with unanimous consent, the following was taken up for immediate consideration:

H. 5131 (Word version) -- Reps. Clemmons, Bowen, Taylor, J. R. Smith, Sandifer and Vick: A CONCURRENT RESOLUTION MEMORIALIZING THE UNITED STATES JUSTICE DEPARTMENT TO REVISE ITS REGULATIONS FOR THE AMERICANS WITH DISABILITIES ACT OF 1990 PERTAINING TO PLACES OF PUBLIC ACCOMMODATION PROVIDING INDIVIDUALS WITH DISABILITIES ACCESS TO AMENITIES, INCLUDING ACCESS TO POOLS, SO AS TO REQUIRE THAT THIS ACCESS MAY BE PROVIDED BY USE OF A PORTABLE CHAIRLIFT, RATHER THAN A PERMANENT CHAIRLIFT.

Rep. CLEMMONS explained the Concurrent Resolution.

Rep. WEEKS demanded the yeas and nays which were taken, resulting as follows:

Yeas 74; Nays 31

Those who voted in the affirmative are:

Agnew                  Allison                Anthony
Ballentine             Bannister              Barfield
Battle                 Bingham                Bowen
Bowers                 Brady                  Branham
Chumley                Clemmons               Cole
Corbin                 Crawford               Crosby
Daning                 Delleney               Edge
Erickson               Forrester              Gambrell
Hamilton               Hardwick               Harrell
Harrison               Hayes                  Hearn
Henderson              Herbkersman            Hiott
Horne                  Huggins                Limehouse
Loftis                 Long                   Lowe
Lucas                  McCoy                  Merrill

Printed Page 2386 . . . . . Wednesday, April 18, 2012

D. C. Moss             V. S. Moss             Munnerlyn
Murphy                 Nanney                 J. M. Neal
Norman                 Owens                  Parker
Patrick                Pinson                 Pitts
Putnam                 Quinn                  Ryan
Sandifer               Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Southard               Spires                 Stringer
Tallon                 Taylor                 Thayer
Toole                  Vick                   White
Whitmire               Willis

Total--74

Those who voted in the negative are:

Allen                  Anderson               Bales
Brantley               G. A. Brown            H. B. Brown
R. L. Brown            Butler Garrick         Clyburn
Dillard                Frye                   Gilliard
Govan                  Hart                   Hodges
Hosey                  Howard                 Jefferson
Johnson                King                   Mack
McEachern              J. H. Neal             Neilson
Parks                  Rutherford             Sabb
Sellers                Weeks                  Whipper
Williams

Total--31

So, the Concurrent Resolution was adopted and sent to the Senate.

STATEMENT FOR THE JOURNAL

I chose to abstain from voting on H. 5131, due to a potential conflict of interest.

Rep. Eric Bedingfield

RECORD FOR VOTING

I did not vote on H. 5131 because the Bill was not entered in the House computer system and was not available for me to read as a


Printed Page 2387 . . . . . Wednesday, April 18, 2012

House Member. Because I could not read the Bill before voting on it, I did not vote.
Rep. Tom Young

CONCURRENT RESOLUTION

The following was introduced:

H. 5132 (Word version) -- Reps. Limehouse, Sottile, Gilliard, R. L. Brown, Mack and Whipper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTURE OF UNITED STATES HIGHWAY 17 AND SOUTH CAROLINA HIGHWAY 41 IN CHARLESTON COUNTY "SENATOR LARRY E. RICHTER INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "SENATOR LARRY E. RICHTER INTERCHANGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

H. 5138 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO ADMINISTRATIVE CITATIONS AND PENALTIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4279, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 5139 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO EXAMINATIONS; REEXAMINATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4278, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference


Printed Page 2388 . . . . . Wednesday, April 18, 2012

H. 5140 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO BOARD OF COSMETOLOGY, DESIGNATED AS REGULATION DOCUMENT NUMBER 4218, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 5141 (Word version) -- Rep. Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 10, TITLE 4 SO AS TO ENACT THE "MUNICIPAL CAPITAL PROJECTS SALES TAX ACT" TO PROVIDE FOR THE IMPOSITION OF A SALES AND USE TAX NOT TO EXCEED ONE PERCENT BY REFERENDUM IN A MUNICIPALITY FOR A SPECIFIC PERIOD OF TIME AND FOR SPECIFIC PROJECTS, AND TO PROVIDE FOR THE METHOD OF IMPOSITION, PAYMENT AND COLLECTION OF THIS TAX.
Referred to Committee on Education and Public Works

Rep. ALLISON moved that the House do now adjourn, which was agreed to.

ADJOURNMENT

At 12:20 p.m. the House, in accordance with the motion of Rep. BRADY, adjourned in memory of Leon Garber of Columbia, to meet at 10:00 a.m. tomorrow.

***

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