The House assembled at 11:30 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 113:4: "The Lord is high above all Nations, and His glory above all heavens."
Let us pray. Almighty God, You have caused the formation of our Nation and State. Lead these men and women to heed the call that You have given them to protect, defend, and work for the betterment of those they serve. Protect these Representatives from all harm and use them for Your glory. Continue to bless our Nation, President, State, Governor, Speaker, staff, and all who support those elected to office. Protect our defenders of freedom, 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.
Rep. GOLDFINCH moved that when the House adjourns, it adjourn in memory of Dr. Lollice B. Courtney of Conway, which was agreed to.
The following were received and referred to the appropriate committee for consideration:
Document No. 4327
Agency: Department of Labor, Licensing and Regulation - Panel for Dietetics
Statutory Authority: 1976 Code Section 40-20-50
Code of Ethics, Interpretation of Standards, and Reporting of Disciplinary Actions
Received by Speaker of the House of Representatives
January 30, 2013
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 30, 2013
Document No. 4328
Agency: Occupational Therapy Board
Statutory Authority: 1976 Code Sections 40-1-70 and 40-36-10 et seq.
Requirements of Licensure for Occupational Therapists
Received by Speaker of the House of Representatives
January 30, 2013
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 30, 2013
The following was introduced:
H. 3458 (Word version) -- Reps. Hosey, Clyburn and Sellers: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 278 IN ALLENDALE COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 301 TO FEED LOT ROAD "LIEUTENANT WINSTON ROBINSON, JR. HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "LIEUTENANT WINSTON ROBINSON, JR. HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3460 (Word version) -- Reps. Ballentine, Govan, Huggins, Funderburk, Bowen, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Gagnon, Gambrell, George, Gilliard, Goldfinch, Hamilton, Hardee,
Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, 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, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE SCHOOL IMPROVEMENT COUNCILS OF SOUTH CAROLINA FOR THIRTY-FIVE YEARS OF FOSTERING DIRECT CIVIC ENGAGEMENT IN PUBLIC EDUCATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3451 (Word version) -- Reps. Tallon, Cole, Forrester, Kennedy, Murphy, Pope, Rutherford and Weeks: A BILL TO AMEND SECTION 56-7-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSES THAT A PERSON MAY BE CHARGED ON A UNIFORM TRAFFIC TICKET, SO AS TO PROVIDE THAT THE OFFENSES OF SHOPLIFTING AND CRIMINAL DOMESTIC VIOLENCE MUST BE CHARGED ON A UNIFORM TRAFFIC TICKET.
Referred to Committee on Judiciary
H. 3452 (Word version) -- Reps. Tallon, Brannon, McCoy, Patrick, Allison, Bannister, Cole, Forrester and D. C. Moss: A BILL TO AMEND SECTIONS 23-1-210 AND 23-1-215, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY TRANSFER OR ASSIGNMENT OF A LAW ENFORCEMENT OFFICER TO WORK WITHIN MULTIJURISDICTIONAL TASK FORCES OR IN ANY MUNICIPALITY OR COUNTY IN THIS STATE, SO AS TO
DELETE THE TERM "CONCERNED MUNICIPALITIES OR COUNTIES" AND REPLACE IT WITH THE TERM "AGENCIES", TO PROVIDE THAT THE WRITTEN AGREEMENTS THAT CONTAIN THE CONDITIONS AND TERMS OF THE EMPLOYMENT OF OFFICERS TO BE TRANSFERRED OR ASSIGNED MUST BE REVIEWED ANNUALLY AND WHEN ONE OF THE AGENCY HEADS LEAVES OFFICE, TO DELETE THE PROVISION THAT REQUIRES THAT A COUNTY OR MUNICIPALITY THAT SENDS AN OFFICER TO ANOTHER JURISDICTION BE REIMBURSED FOR HIS SERVICES BY THE COUNTY OR MUNICIPALITY TO WHICH THE OFFICER IS TRANSFERRED, TO PROVIDE THAT THE GOVERNING BODIES OR THE POLITICAL SUBDIVISIONS WHEREIN EACH OF THE LAW ENFORCEMENT AGENCIES ENTERING INTO AN AGREEMENT IS LOCATED MUST BE NOTIFIED BY ITS AGENCIES OF THE AGREEMENT'S EXECUTION AND TERMINATION, TO PROVIDE THAT THE NOTIFICATION MUST BE IN WRITING AND PROVIDE THE PERIOD IN WHICH IT MUST BE ACCOMPLISHED, AND TO PROVIDE THE LIMITS OF AUTHORITY A LAW ENFORCEMENT OFFICER MAY EXERCISE WHERE EXIGENT CIRCUMSTANCES REQUIRE IMMEDIATE DEPLOYMENT OF A LAW ENFORCEMENT OFFICER.
Referred to Committee on Judiciary
H. 3453 (Word version) -- Reps. Bingham, Allison, Anthony and Hayes: A JOINT RESOLUTION TO REQUIRE LOCAL SCHOOL DISTRICTS TO DECIDE AND NOTIFY TEACHERS OF THEIR EMPLOYMENT FOR THE 2013-2014 SCHOOL YEAR BY MAY 15, 2013; 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.
On motion of Rep. BINGHAM, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3454 (Word version) -- Reps. Murphy and Tallon: A BILL TO AMEND SECTION 17-25-322, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTITUTION TO CRIME VICTIMS, SO AS TO CLARIFY THAT UNCLAIMED RESTITUTION FUNDS PROCEDURES APPLY TO BUSINESSES NO LONGER IN EXISTENCE PREVIOUSLY ENTITLED TO THE PAYMENT OF RESTITUTION UNDER THE STATUTE; AND TO AMEND SECTION 17-22-140, RELATING TO RESTITUTION PURSUANT TO THE PRETRIAL INTERVENTION PROGRAM TO VICTIMS, SO AS TO MAKE CONFORMING CHANGES.
Referred to Committee on Judiciary
H. 3455 (Word version) -- Reps. Stavrinakis, Funderburk, Gilliard and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 156 TO TITLE 59 SO AS TO CREATE THE SOUTH CAROLINA CHILD DEVELOPMENT EDUCATION PROGRAM WHICH IS A FULL DAY, FOUR-YEAR OLD KINDERGARTEN PROGRAM FOR AT-RISK CHILDREN WHICH MUST BE MADE AVAILABLE TO QUALIFIED CHILDREN IN ALL PUBLIC SCHOOL DISTRICTS WITHIN THE STATE, TO ESTABLISH PRIORITY FOR THE PROGRAM, TO ESTABLISH ELIGIBILITY FOR THE PROGRAM, TO ESTABLISH PROVIDER STANDARDS, TO TASK THE DEPARTMENT OF EDUCATION AND THE OFFICE OF FIRST STEPS TO SCHOOL READINESS WITH ACTING AS ADMINISTRATORS OF THE PROGRAM, TO ESTABLISH STANDARDS FOR THE PROGRAM, AND TO SET THE FUNDING LEVEL OF THE PROGRAM.
Referred to Committee on Education and Public Works
H. 3456 (Word version) -- Rep. Stavrinakis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-355 SO AS TO AUTHORIZE THE STATE BOARD OF BARBER EXAMINERS TO ISSUE MOBILE BARBERSHOP PERMITS, TO
ESTABLISH PERMIT REQUIREMENTS, AND TO FURTHER PROVIDE FOR THE REGULATION OF MOBILE BARBERSHOPS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3457 (Word version) -- Reps. Gilliard, Whipper, R. L. Brown, Clyburn, Dillard, Hosey and Jefferson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON LOTTERIES AND THE EXCEPTIONS TO THIS PROHIBITION, BY ADDING A NEW PARAGRAPH SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ENACT A GENERAL LAW AUTHORIZING A CHARITABLE ORGANIZATION TO CONDUCT A RAFFLE, AND WHICH DEFINES THE TYPE OF ORGANIZATION ALLOWED TO CONDUCT A RAFFLE, PROVIDES THE STANDARDS FOR THE CONDUCT AND MANAGEMENT OF THE RAFFLE, PROVIDES PENALTIES FOR VIOLATIONS, AND ENSURES THE PROPER FUNCTIONING, HONESTY, INTEGRITY, AND CHARITABLE PURPOSES FOR WHICH THE RAFFLE IS CONDUCTED, AND TO PROVIDE THAT A RAFFLE CONDUCTED IN CONFORMITY WITH LAWS ENACTED PURSUANT TO THIS PARAGRAPH IS NOT CONSIDERED A LOTTERY PROHIBITED BY THE CONSTITUTION.
Referred to Committee on Judiciary
H. 3459 (Word version) -- Rep. Sandifer: A BILL TO AMEND SECTION 40-2-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, SO AS TO PROVIDE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL DESIGNATE CERTAIN PERSONNEL FOR THE EXCLUSIVE USE OF THE BOARD, TO PROHIBIT THE DEPARTMENT FROM ASSIGNING OTHER WORK TO THESE PERSONNEL WITHOUT APPROVAL OF THE BOARD, AND TO PROVIDE THESE PERSONNEL MAY BE TERMINATED BY THE DIRECTOR OF A MAJORITY OF THE BOARD; TO AMEND SECTION 40-2-30, RELATING TO THE PRACTICE OF ACCOUNTANCY, SO AS TO PROVIDE A CERTIFIED PUBLIC ACCOUNTANT LICENSED BY THE BOARD IS EXEMPT FROM LICENSURE REQUIREMENTS OF PRIVATE SECURITY AND INVESTIGATION AGENCIES; AND TO AMEND SECTION 40-2-
70, RELATING TO POWERS AND DUTIES OF THE BOARD, SO AS TO PROVIDE THE BOARD MAY CONDUCT PERIODIC INSPECTIONS OF LICENSEES OR FIRMS; AND TO AMEND SECTION 40-2-80, RELATING TO INVESTIGATIONS OF ALLEGED VIOLATIONS, SO AS TO PROVIDE THE DEPARTMENT SHALL DIRECT THE INVESTIGATOR ASSIGNED TO THE BOARD TO INVESTIGATE AN ALLEGED VIOLATION TO DETERMINE THE EXISTENCE OF PROBABLE CAUSE MERITING FURTHER PROCEEDINGS.
Referred to Committee on Labor, Commerce and Industry
The roll call of the House of Representatives was taken resulting as follows:
Anthony Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Bowers Branham Brannon Chumley Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Douglas Erickson Felder Finlay Forrester Gagnon George Goldfinch Govan Hamilton Hardee Hardwick Harrell Hart Hayes Henderson Hiott Hixon Hodges Horne Hosey Jefferson Kennedy King Knight Loftis Long Lucas McEachern W. J. McLeod D. C. Moss V. S. Moss Munnerlyn Murphy Neal Newton Norman Ott Owens Parks Patrick Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Ryhal Sandifer Sellers Skelton G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stringer Tallon Taylor Weeks
Wells Whipper Williams Willis Wood
I came in after the roll call and was present for the Session on Wednesday, January 30.
Terry Alexander Alan D. Clemmons Harold Mitchell Phillip Lowe H. B. "Chip" Limehouse William R. "Bill" Whitmire Wendell Gilliard Chip Huggins Todd Atwater Tracy Edge Wendy Nanney McLain R. "Mac" Toole G. Murrell Smith Mike Gambrell Robert L. Brown Mandy Powers Norrell Beth Bernstein Todd Rutherford Peter McCoy, Jr. Chandra Dillard David Mack Brian White James Merrill Leon Howard M.S. McLeod Michael A. Pitts Laurie Funderburk Ted Vick Ronnie A. Sabb Merita Allison Grady Brown Gary Simrill Thomas "Tommy" Pope Leon Stavrinakis Bill Herbkersman Carl Anderson
The SPEAKER granted Rep. THAYER a leave of absence for the day due to medical reasons.
Announcement was made that Dr. Preston Wendell of Charleston was the Doctor of the Day for the General Assembly.
Reps. G. R. SMITH, BANNISTER and CHUMLEY presented to the House the Mauldin High School Girls Tennis Team, the Class AAAA Champions, their coaches and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3428 (Word version)
Date: ADD:
01/30/13 HENDERSON, SOTTILE, MUNNERLYN, VICK, RUTHERFORD, R. L. BROWN, WHIPPER, BRANHAM, GOVAN, HAYES, GEORGE and J. R. SMITH
Bill Number: H. 3417 (Word version)
Date: ADD:
01/30/13 SOTTILE
Bill Number: H. 3247 (Word version)
Date: ADD:
01/30/13 VICK
Bill Number: H. 3427 (Word version)
Date: REMOVE:
01/30/13 LUCAS
At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
H. 3071 (Word version) -- Reps. Delleney, Clemmons and Mack: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, JANUARY 30, 2013, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 4, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE ON JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, NINTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A JUDGE TO A NEWLY CREATED SEAT FOR THE CIRCUIT COURT, AT LARGE, SEAT 14, WHOSE TERM WILL BE FROM JULY 1, 2013, UNTIL JUNE 30, 2019; TO ELECT A JUDGE TO A NEWLY CREATED SEAT FOR THE CIRCUIT COURT, AT LARGE, SEAT 15, WHOSE TERM WILL BE FROM JULY 1, 2013, UNTIL JUNE 30, 2019; TO ELECT A JUDGE TO A NEWLY CREATED SEAT FOR THE CIRCUIT COURT, AT LARGE, SEAT 16, WHOSE TERM WILL BE FROM JULY 1, 2013, UNTIL JUNE 30, 2019; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, FIRST JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SECOND JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, THIRD
JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2013, AND TO FILL THE SUBSEQUENT FULL TERM WHICH WILL EXPIRE JUNE 30, 2019; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, EIGHTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, EIGHTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM WILL EXPIRE JUNE 30, 2013, AND TO FILL THE SUBSEQUENT FULL TERM WHICH WILL EXPIRE JUNE 30, 2019; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, NINTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, NINTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, TENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, ELEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, TWELFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, TWELFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE
JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, THIRTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, THIRTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, FOURTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2013; TO ELECT A JUDGE TO A NEWLY CREATED SEAT FOR THE FAMILY COURT, AT LARGE, SEAT 1, WHOSE TERM WILL BE FROM JULY 1, 2013, UNTIL JUNE 30, 2019; TO ELECT A JUDGE TO A NEWLY CREATED SEAT FOR THE FAMILY COURT, AT LARGE, SEAT 2, WHOSE TERM WILL BE FROM JULY 1, 2013, UNTIL JUNE 30, 2019; TO ELECT A JUDGE TO A NEWLY CREATED SEAT FOR THE FAMILY COURT, AT LARGE, SEAT 3, WHOSE TERM WILL BE FROM JULY 1, 2013, UNTIL JUNE 30, 2019; TO ELECT A JUDGE TO A NEWLY CREATED SEAT FOR THE FAMILY COURT, AT LARGE, SEAT 4, WHOSE TERM WILL BE FROM JULY 1, 2013, UNTIL JUNE 30, 2019; TO ELECT A JUDGE TO A NEWLY CREATED SEAT FOR THE FAMILY COURT, AT LARGE, SEAT 5, WHOSE TERM WILL BE FROM JULY 1, 2013, UNTIL JUNE 30, 2019; TO ELECT A JUDGE TO A NEWLY CREATED SEAT FOR THE FAMILY COURT, AT LARGE, SEAT 6, WHOSE TERM WILL BE FROM JULY 1, 2013, UNTIL JUNE 30, 2019; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 5, WHOSE TERM WILL EXPIRE JUNE 30, 2013.
The PRESIDENT recognized Sen. L. A. Martin, Chairman of the Judicial Merit Selection Commission.
The PRESIDENT announced that nominations were in order for a Court of Appeals Judge, Seat 3.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the Honorable John D. Geathers had been screened and found qualified.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable John D. Geathers was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Court of Appeals Judge, Seat 4.
Rep. Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Paula H. Thomas had been screened and found qualified.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Paula H. Thomas was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Fifth Judicial Circuit, Seat 1.
Rep. Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the Honorable DeAndrea Gist Benjamin had been screened and found qualified.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable DeAndrea Gist Benjamin was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Seventh Judicial Circuit, Seat 1.
Sen. L. A. Martin on behalf of the Judicial Merit Selection Commission, stated that the Honorable Joseph Derham Cole had been screened and found qualified.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Joseph Derham Cole was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Ninth Judicial Circuit, Seat 1.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Thomas R. Goldstein and the Honorable Deadra L. Jefferson.
Sen. L. A. Martin stated that Thomas R. Goldstein had withdrawn from the race, and placed the name of the remaining candidate, the Honorable Deadra L. Jefferson, in nomination.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Deadra L. Jefferson was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Tenth Judicial Circuit, Seat 1.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Rivers Lawton McIntosh had been screened and found qualified.
On motion Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Rivers Lawton McIntosh was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 14.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Jon Rene Josey, R. Keith Kelly, and Clifford Scott.
Sen. L. A. Martin stated that Clifford Scott and Jon Rene Josey had withdrawn from the race, and placed the name of the remaining candidate, R. Keith Kelly, in nomination.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, R. Keith Kelly was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 15.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Jerome P. Askins III, the Honorable Marvin H. Dukes III, and the Honorable Maite Murphy.
Sen. L. A. Martin stated that Jerome P. Askins III and the Honorable Marvin H. Dukes III had withdrawn from the race, and placed the name of the remaining candidate, the Honorable Maite Murphy, in nomination.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Maite Murphy was duly elected for the term prescribed by law.
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced election because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Circuit Court, At-Large, District No. 15
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. Christopher J. Murphy
ABSTENTION FROM VOTING
I am not voting in the Circuit Court At-Large District 15 election and wish to have my recusal noted for the record in the House Journal of this date:
Rep. Weston Newton
The PRESIDENT announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 16.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Deborah B. Barbier, Daniel Dewitt Hall, and the Honorable Donald Bruce Hocker.
Sen. L. A. Martin stated that Deborah B. Barbier and Daniel Dewitt Hall had withdrawn from the race and placed the name of the remaining candidate, the Honorable Donald Bruce Hocker, in nomination.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Donald Bruce Hocker was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, First Judicial Circuit, Seat 1.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Ann Gue Jones had been screened and found qualified.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Ann Gue Jones was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Second Judicial Circuit, Seat 2.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the Honorable A. Dale Moore Gable had been screened and found qualified.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable A. Dale Moore Gable was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Third Judicial Circuit, Seat 2.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Angela Renee Taylor had been screened and found qualified.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Angela Renee Taylor was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Third Judicial Circuit, Seat 3.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Gordon B. Jenkinson had been screened and found qualified.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Gordon B. Jenkinson was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Fifth Judicial Circuit, Seat 2.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: the Honorable Michelle Manigault Hurley, Daniel Deeds Kienker, and Robert Marshall Paul Masella.
Sen. L. A. Martin stated that Daniel Deeds Kienker and Robert Marshall Paul Masella had withdrawn from the race, and placed the name of the remaining candidate, the Honorable Michelle Manigault Hurley, in nomination.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Michelle Manigault Hurley was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Fifth Judicial Circuit, Seat 3.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Dana A. Morris had been screened and found qualified.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Dana A. Morris was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Sixth Judicial Circuit, Seat 1.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Brian M. Gibbons had been screened and found qualified.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Brian M. Gibbons was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Seventh Judicial Circuit, Seat 1.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Phillip Kendall Sinclair had been screened and found qualified.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Phillip Kendall Sinclair was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Seventh Judicial Circuit, Seat 2.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the Honorable James F. Fraley, Jr., had been screened and found qualified.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable James F. Fraley, Jr., was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Eighth Judicial Circuit, Seat 1.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Joseph Wilson McGowan III had been screened and found qualified.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Joseph Wilson McGowan III was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Eighth Judicial Circuit, Seat 3.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Bradley W. Knott, Joseph Collins Smithdeal, and Tommy L. Stanford.
Sen. L. A. Martin stated that Bradley W. Knott and Tommy L. Stanford had withdrawn from the race, and placed the name of Joseph Collins Smithdeal in nomination.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Joseph Collins Smithdeal was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Ninth Judicial Circuit, Seat 2.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Paul Warren Garfinkel had been screened and found qualified.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Paul Warren Garfinkel was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Ninth Judicial Circuit, Seat 4.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Wayne Morris Creech had been screened and found qualified.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Wayne Morris Creech was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Tenth Judicial Circuit, Seat 1.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Edgar Henderson Long, Jr., had been screened and found qualified.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Edgar Henderson Long, Jr., was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Tenth Judicial Circuit, Seat 3.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Tommy B. Edwards had been screened and found qualified.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Tommy B. Edwards was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Eleventh Judicial Circuit, Seat 2.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Deborah Neese had been screened and found qualified.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Deborah Neese was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Twelfth Judicial Circuit, Seat 1.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Timothy Hick Pogue had been screened and found qualified.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Timothy Hick Pogue was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Twelfth Judicial Circuit, Seat 2.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the Honorable A. Eugene "Gene" Morehead III had been screened and found qualified.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable A. Eugene "Gene" Morehead III was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Thirteenth Judicial Circuit, Seat 1.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Rochelle Y. Conits had been screened and found qualified.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Rochelle Y. Conits was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Thirteenth Judicial Circuit, Seat 2.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the Honorable William Marsh Robertson had been screened and found qualified.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable William Marsh Robertson was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Fourteenth Judicial Circuit, Seat 1.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Gerald C. Smoak, Jr.,
had been screened and found qualified.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Gerald C. Smoak, Jr., was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Fifteenth Judicial Circuit, Seat 1.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Jan Benature Bromell Holmes had been screened and found qualified.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Jan Benature Bromell Holmes was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Sixteenth Judicial Circuit, Seat 2.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the Honorable David Glenn Guyton had been screened and found qualified.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable David Glenn Guyton was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, At-Large, Seat 1.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Rosalyn Woodson Frierson, Mary Jane Goodwin, and Kelly Pope.
Sen. L. A. Martin stated that Mary Jane Goodwin had withdrawn from the race, and placed the names of Rosalyn Frierson and Kelly Pope in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Frierson:
Allen Campsen Coleman Courson Davis Ford Gregory Hayes Hutto Jackson Johnson Leatherman Malloy Matthews McElveen McGill Nicholson Pinckney Rankin Scott Setzler Sheheen Williams
The following named Senators voted for Pope:
Alexander Bennett Bright Bryant Campbell Cleary Corbin Cromer Fair Grooms Hembree Martin, Larry Martin, Shane Massey O'Dell Peeler Reese Shealy Thurmond Turner Verdin Young
On the motion of Rep. DELLENEY, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Frierson:
Alexander Anthony Bales Bernstein Bingham Bowen Bowers Branham G. A. Brown R. L. Brown Clyburn Cobb-Hunter Daning Delleney Dillard Douglas Funderburk George Gilliard Govan Hart Hayes Herbkersman Hodges Horne Hosey Howard Jefferson King Knight Lowe Lucas Mack McEachern M. S. McLeod W. J. McLeod Merrill Mitchell Munnerlyn
Murphy Neal Ott Parks Powers Norrell Quinn Ridgeway Robinson-Simpson Rutherford Sabb Sellers Simrill G. M. Smith J. E. Smith Stavrinakis Vick Weeks Whipper White Williams
The following named Representatives voted for Pope:
Allison Atwater Ballentine Bannister Barfield Bedingfield Brannon Chumley Clemmons Cole H. A. Crawford K. R. Crawford Crosby Edge Erickson Felder Finlay Forrester Gagnon Gambrell Goldfinch Hamilton Hardee Hardwick Harrell Henderson Hiott Hixon Huggins Kennedy Loftis Long McCoy D. C. Moss Nanney Newton Norman Owens Patrick Pitts Pope Putnam Riley Rivers Ryhal Sandifer Skelton G. R. Smith J. R. Smith Sottile Southard Spires Stringer Tallon Taylor Toole Wells Whitmire Willis Wood
Total number of Senators voting 45
Total number of Representatives voting 119
Grand Total 164
Necessary to a choice 83
Of which Frierson received 82
Of which Pope received 82
Whereupon, the PRESIDENT announced that neither candidate received the necessary votes, and the Joint Assembly would proceed to the next ballot.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Frierson:
Allen Campsen Coleman Courson Davis Ford Gregory Hayes Hutto Jackson Johnson Leatherman Malloy Matthews McElveen McGill Nicholson Pinckney Rankin Scott Setzler Sheheen Williams
The following named Senators voted for Pope:
Alexander Bennett Bright Bryant Campbell Cleary Corbin Cromer Fair Grooms Hembree Martin, Larry Martin, Shane Massey O'Dell Peeler Reese Shealy Thurmond Turner Verdin Young
On the motion of Rep. DELLENEY, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Frierson:
Alexander Anthony Bales Bernstein Bingham Bowen Bowers Branham G. A. Brown
R. L. Brown Clyburn Cobb-Hunter Daning Delleney Dillard Douglas Funderburk George Gilliard Govan Hart Hayes Herbkersman Hodges Horne Hosey Howard Jefferson King Knight Lowe Lucas Mack McEachern M. S. McLeod W. J. McLeod Merrill Mitchell Munnerlyn Murphy Neal Ott Parks Powers Norrell Quinn Ridgeway Robinson-Simpson Rutherford Sabb Sellers Simrill G. M. Smith J. E. Smith Stavrinakis Vick Weeks Whipper White Williams
The following named Representatives voted for Pope:
Allison Atwater Ballentine Bannister Barfield Bedingfield Brannon Chumley Clemmons Cole H. A. Crawford K. R. Crawford Crosby Edge Erickson Felder Finlay Forrester Gagnon Gambrell Goldfinch Hamilton Hardee Hardwick Harrell Henderson Hiott Hixon Huggins Kennedy Loftis Long McCoy D. C. Moss V. S. Moss Nanney Newton Norman Owens Patrick Pitts Pope Putnam Riley Rivers Ryhal Sandifer Skelton G. R. Smith J. R. Smith Sottile Southard Spires Stringer Tallon Taylor Toole
Wells Whitmire Willis Wood
RECAPITULATION
Total number of Senators voting 45
Total number of Representatives voting 120
Grand Total 165
Necessary to a choice 83
Of which Frierson received 82
Of which Pope received 83
Whereupon, Kelly Pope was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, At-Large, Seat 2.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Tony Miller Jones, Samuel McGowan Price, Jr., and William Gregory Seigler.
Sen. L. A. Martin stated that Samuel McGowan Price, Jr.,and William Gregory Seigler had withdrawn from the race, and placed the name of the remaining candidate, Tony Miller Jones, in nomination.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Tony Miller Jones was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, At-Large, Seat 3.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that James G. McGee III had been screened and found qualified.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, James G. McGee III was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, At-Large, Seat 4.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Monet S. Pincus, the Honorable Caroline Whitehead Streater, and Katherine Joyce Hall Tiffany.
Sen. L. A. Martin stated that Katherine Joyce Hall Tiffany and the Honorable Caroline Whitehead Streater had withdrawn from the race, and placed the name of the remaining candidate, Monet S. Pincus in nomination.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Monet S. Pincus was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, At-Large, Seat 5.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Martha McCright Rivers Davisson, Melissa Johnson Emery, and Randall Edward McGee.
Sen. L. A. Martin stated that Katherine Martha McCright Rivers Davisson had withdrawn from the race, and placed Melissa Johnson Emery and Randall Edward McGee in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Emery:
Alexander Allen Bennett Bright Bryant Campbell Cleary Corbin Cromer Fair Ford Gregory Grooms Hayes Hembree Johnson Leatherman Malloy Martin, Larry Martin, Shane McGill Nicholson Peeler Rankin Reese Thurmond Verdin Williams
The following named Senators voted for McGee:
Campsen Coleman Courson Davis Hutto Jackson Matthews McElveen O'Dell Pinckney Scott Setzler Shealy Sheheen Turner Young
On the motion of Rep. DELLENEY, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Emery:
Alexander Allison Bannister Barfield Bedingfield Bowen Chumley Clemmons Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Edge Erickson Felder Gagnon Gambrell George Goldfinch Hamilton Hardee Hardwick Harrell Hayes Henderson Hixon Loftis Lowe Lucas Munnerlyn Nanney Norman Owens Patrick Pitts Pope Riley
Rivers Ryhal Simrill G. M. Smith G. R. Smith Sottile Stavrinakis Stringer Taylor Wells Whipper Whitmire Willis Wood
The following named Representatives voted for McGee:
Anthony Atwater Bales Ballentine Bernstein Bingham Bowers Branham Brannon G. A. Brown R. L. Brown Clyburn Cobb-Hunter Dillard Douglas Finlay Forrester Funderburk Gilliard Govan Hart Herbkersman Hiott Hodges Horne Hosey Howard Huggins Jefferson Kennedy King Knight Long Mack McCoy McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Murphy Neal Ott Parks Powers Norrell Putnam Quinn Ridgeway Robinson-Simpson Rutherford Sabb Sandifer Sellers Skelton J. E. Smith J. R. Smith Southard Spires Tallon Toole Vick Weeks White Williams
Total number of Senators voting 44
Total number of Representatives voting 119
Grand Total 163
Necessary to a choice 82
Of which Emery received 81
Of which McGee received 82
Whereupon, Randall Edward McGee was duly elected for the term prescribed by law
The PRESIDENT announced that nominations were in order for a Family Court Judge, At-Large, Seat 6.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Thomas Tredway Hodges, David Earl Phillips, and Paul Daniel Schwartz.
Sen. L. A. Martin stated that Thomas Tredway Hodges and Paul Daniel Schwartz had withdrawn from the race, and placed the name of the remaining candidate David Earl Phillips nomination.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, David Earl Phillips was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for an Administrative Law Judge, Seat 5.
Sen. L. A. Martin, on behalf of the Judicial Merit Selection Commission, stated that the Honorable Shirley Cantey Robinson had been screened and found qualified.
On motion of Sen. L. A. Martin, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Shirley Cantey Robinson was duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 1:00 p.m. the House resumed, the SPEAKER in the Chair.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3021 (Word version) -- Reps. Clemmons, Sellers, R. L. Brown, Putnam, Kennedy, Gilliard, Toole, Branham, Rutherford, King and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 55 TO TITLE 11 SO AS TO ENACT THE IRAN DIVESTMENT ACT OF 2013 AND TO PROHIBIT CERTAIN INVESTMENTS AND CONTRACTS WITH PERSONS DEEMED TO BE ENGAGING IN INVESTMENT ACTIVITIES IN IRAN.
H. 3429 (Word version) -- Rep. Bingham: A BILL TO AMEND SECTION 8-13-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOUSE AND SENATE LEGISLATIVE ETHICS COMMITTEES, SO AS TO PROVIDE THAT UNLESS OTHERWISE PROVIDED BY THE RULES OF THE RESPECTIVE BODIES, THE HOUSE AND SENATE ETHICS COMMITTEES SHALL CONSIST OF TEN MEMBERS SELECTED BY THEIR PARTICULAR HOUSE, AND TO FURTHER PROVIDE FOR THE TERMS OF MEMBERS AND THE OFFICERS OF THESE COMMITTEES.
The following Joint Resolution was taken up:
H. 3426 (Word version) -- Reps. Thayer, Bowen and Putnam: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF THE WILLIAMSTON NATIONAL GUARD ARMORY TO THE TOWN OF WILLIAMSTON.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anthony Atwater Bales Ballentine Bannister Barfield Bingham Bowen Bowers Branham Brannon G. A. Brown R. L. Brown Chumley Clemmons Clyburn Cole K. R. Crawford Crosby Daning Delleney Dillard Douglas Erickson Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Harrell Hart Hayes Henderson Hixon Horne Hosey Howard Huggins Jefferson Kennedy Loftis Long Lowe Lucas Mack McEachern M. S. McLeod W. J. McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Neal Newton Norman Owens Parks Patrick Pope Powers Norrell Putnam Quinn Ridgeway Rivers Robinson-Simpson Rutherford Ryhal Sandifer Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Toole Vick Weeks Wells Whitmire Williams Wood
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3427 (Word version) -- Reps. Nanney, Loftis, Putnam, H. A. Crawford, K. R. Crawford, Bowen, Erickson, McCoy, Patrick, Bingham, Chumley, Goldfinch, Hamilton, Henderson, Merrill, Norman, Pitts, G. R. Smith, Stringer and Willis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-1-190 SO AS TO AUTHORIZE A COUNTY TO POST CERTAIN NOTICES REQUIRED BY LAW TO THE COUNTY'S WEBSITE INSTEAD OF PRINTING IT IN THE NEWSPAPER.
Rep. TAYLOR moved to commit the Bill to the Committee on Judiciary, which was agreed to.
The following Bill was taken up:
H. 3440 (Word version) -- Reps. J. R. Smith, Clyburn, Hixon, Taylor and Wells: A BILL TO AMEND SECTION 7-27-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AIKEN COUNTY VOTER REGISTRATION AND ELECTIONS COMMISSION, SO AS TO DEVOLVE APPOINTMENT AUTHORITY FOR THE EXECUTIVE DIRECTOR FROM THE AIKEN COUNTY LEGISLATIVE DELEGATION TO THE GOVERNING BODY OF AIKEN COUNTY.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anthony Bannister Barfield Bingham Bowen Bowers G. A. Brown R. L. Brown Chumley Clyburn Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Felder Funderburk Gagnon Gambrell
George Gilliard Hamilton Hardee Hardwick Harrell Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Huggins Kennedy Knight Loftis Long Lowe Lucas Mack McCoy McEachern W. J. McLeod D. C. Moss V. S. Moss Munnerlyn Nanney Newton Norman Owens Parks Patrick Pitts Pope Putnam Quinn Ridgeway Riley Rivers Ryhal Sandifer Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Taylor Toole Vick Weeks White Whitmire Williams Willis Wood
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on H. 3440. If I had been present, I would have voted in favor of the Bill.
Rep. Eddie Tallon
On motion of Rep. J. E. SMITH, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works and was referred to the Committee on Judiciary:
H. 3224 (Word version) -- Reps. J. E. Smith and Bernstein: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "MILITARY SERVICE OCCUPATION, EDUCATION, AND CREDENTIALING ACT"; BY ADDING SECTION 59-101-400 SO AS TO PROVIDE A PUBLIC, POST-SECONDARY INSTITUTION OF HIGHER EDUCATION IN THIS STATE MAY AWARD EDUCATIONAL CREDIT TO AN HONORABLY DISCHARGED MEMBER OF THE ARMED FORCES FOR A COURSE THAT IS PART OF HIS MILITARY TRAINING OR SERVICE, SUBJECT TO CERTAIN CONDITIONS, AND TO REQUIRE THE INSTITUTION TO IMPLEMENT RELATED POLICIES AND REGULATIONS WITHIN A SPECIFIED TIME FRAME; BY ADDING ARTICLE 3 TO CHAPTER 1, TITLE 40 SO AS TO PROVIDE MISCELLANEOUS LICENSURE PROVISIONS FOR MILITARY PERSONNEL, TO PROVIDE A PERSON LICENSED BY BOARD OR COMMISSION UNDER THE DEPARTMENT OF LABOR, LICENSING AND REGULATION IS EXEMPT FROM CONTINUING EDUCATION REQUIREMENTS AND FEE ASSESSMENTS DURING ACTIVE DUTY IN THE UNITED STATES ARMED FORCES, TO PROVIDE A BOARD OR COMMISSION MAY ISSUE A TEMPORARY PROFESSIONAL LICENSE TO THE SPOUSE OF AN ACTIVE DUTY MEMBER OF THE UNITED STATES ARMED FORCES IN CERTAIN CIRCUMSTANCES, AND TO PROVIDE A BOARD OR COMMISSION SHALL ACCEPT CERTAIN COURSEWORK OR EXPERIENCE OBTAINED DURING THE COURSE OF MILITARY SERVICE TO SATISFY RELATED PROFESSIONAL OR OCCUPATIONAL EDUCATION OR TRAINING LICENSURE REQUIREMENTS; AND TO REPEAL SECTIONS 40-1-75 RELATING TO EXEMPTING ACTIVE DUTY MILITARY PERSONNEL FROM CONTINUING EDUCATION REQUIREMENTS, AND 40-1-77 RELATING TO TEMPORARY PROFESSIONAL OR OCCUPATIONAL LICENSES FOR MILITARY SPOUSES, THE SUBSTANCE OF WHICH ARE
INCORPORATED INTO THE NEW ARTICLE ADDED BY THIS ACT.
The motion period was dispensed with on motion of Rep. HARDEE.
The following Bill was taken up:
H. 3290 (Word version) -- Reps. Bingham, Bannister, Harrell, Simrill, Merrill, Rutherford, Norman, K. R. Crawford, Sottile, Herbkersman, Barfield, Clemmons, V. S. Moss, Hixon, D. C. Moss, Gambrell, Horne, Erickson, G. R. Smith, Sandifer, Forrester, Cole, Allison, Crosby, Murphy, Spires, Patrick, Hardwick, Putnam, H. A. Crawford, Southard, Henderson, Chumley, Bedingfield, Atwater, Goldfinch, Bowen, Funderburk, Gagnon, Long, Owens, Tallon, Thayer, Vick, Whitmire, Branham, Rivers, Bales and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "BUSINESS FREEDOM TO CHOOSE ACT", BY AMENDING SECTION 44-96-80, RELATING TO COUNTY SOLID WASTE PROGRAMS, INCLUDING A COUNTY'S AUTHORITY TO ENACT ORDINANCES CONSISTENT WITH THE STATE PLAN, LAW, AND REGULATIONS, SO AS TO MAKE TECHNICAL CORRECTIONS, TO DELETE OBSOLETE LANGUAGE, AND TO PROVIDE THAT AN ORDINANCE THAT RESTRICTS SOLID WASTE DISPOSAL AT A PERMITTED FACILITY OR IMPEDES THE DEVELOPMENT OR IMPLEMENTATION OF A RECYCLING PROGRAM IS INCONSISTENT WITH THE PROVISIONS OF CHAPTER 96 OF TITLE 44; AND TO AMEND SECTION 44-55-1210, RELATING TO A COUNTY'S AUTHORITY TO REQUIRE THE COLLECTION AND DISPOSAL OF SOLID WASTE, SO AS TO PROVIDE THAT A COUNTY ORDINANCE IS VOID TO THE EXTENT THAT THE ORDINANCE RESTRICTS OR PROHIBITS SOLID WASTE DISPOSAL AT A PERMITTED FACILITY OR IMPEDES THE DEVELOPMENT OR IMPLEMENTATION OF A RECYCLING PROGRAM.
Reps. HARDWICK, RYHAL and HIOTT proposed the following Amendment No. 2 to H. 3290 (COUNCIL\3290C002.NBD. AC13KRL), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act may be cited as the "Business Freedom to Choose Act".
SECTION 2. Section 44-96-80(G) of the 1976 Code is amended to read:
"(G) Counties are strongly encouraged to pursue a regional approach to solid waste management. Nothing in this chapter, however, shall may be construed to require a county to participate in a regional plan or to prohibit two or more counties within the State which are not contiguous from preparing, approving, and submitting a regional solid waste management plan or one or more counties, including industrial solid waste generators located therein in these counties, from contracting with an in-state solid waste disposal facility located outside of the county or region. Not later than eighteen months after the date of enactment of this chapter, each county shall notify the department in writing whether it intends to submit a single county solid waste management plan or to participate in a regional plan."
SECTION 3. Section 44-96-80(K) of the 1976 Code is amended to read:
"(K) The governing body of a county is authorized to enact such ordinances as may be necessary to carry out its responsibilities under this chapter; provided, however, that the governing body of a county but may not enact an ordinance inconsistent with the state solid waste management plan, with any a provision of this chapter, with any other another applicable provision of state law, or with any a regulation promulgated by the department providing for the protection of public health and public safety or for protection of the environment. An ordinance that requires disposal of waste at one or more designated solid waste management facilities or that requires recovered materials to be processed or recycled at one or more designated facilities is considered inconsistent with the provisions of this chapter."
SECTION 4. Section 44-55-1210 of the 1976 Code is amended to read:
"Section 44-55-1210. The governing body of any a county may by ordinance or resolution provide that require the county shall engage in the collection and disposal to collect and dispose of solid waste. Such This collection and disposal may be accomplished either by use of county employees and equipment or by contract with a private agencies entity or municipalities municipality of the county. Service charges A service charge may be levied against persons a person for
whom a collection services are service is provided whether such services are this service is performed by the county, a municipality, or a private agency entity. To the extent that a county ordinance requires disposal of waste at one or more designated solid waste management facilities or requires recovered materials to be processed or recycled at one or more designated facilities, the ordinance is void."
SECTION 5. This act takes effect upon approval by the Governor and applies to ordinances in existence on or after the effective date of this act. An ordinance enacted prior to the effective date of this act is rendered invalid from the effective date of this act forward. Nothing in this act shall be construed to impair the contractual obligations of any county, municipality, or other political subdivision arising from, or incurred in connection with, any bonds, notes, or other evidences of indebtedness issued by such entity prior to the effective date of this act, which are secured by, and payable from, a solid waste user fee imposed by such entity. /
Renumber sections to conform.
Amend title to conform.
Rep. HIOTT explained the amendment.
The amendment was then adopted.
Rep. HIOTT proposed the following Amendment No. 1 to H. 3290 (COUNCIL\NBD\3290C001.NBD.AC13), which was tabled:
Amend the bill, as and if amended, by striking Section 5 and inserting:
/SECTION 5. This act takes effect upon approval by the Governor and applies to ordinances in existence on or after the effective date of this act. An ordinance enacted prior to the effective date of this act is rendered invalid from the effective date of this act forward. Nothing in this act shall be construed to impair the contractual obligations of any county, municipality, or other political subdivision arising from, or incurred in connection with, any bonds, notes, or other evidences of indebtedness issued by such entity prior to the effective date of this act, which are secured by, and payable from, a solid waste user fee imposed by such entity. /
Renumber sections to conform.
Amend title to conform.
Rep. HARDWICK moved to table the amendment, which was agreed to.
The question then recurred to the passage of the Bill.
Rep. W. J. MCLEOD spoke against the Bill.
Rep. EDGE spoke against the Bill.
Rep. W. J. MCLEOD moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. HARDWICK moved to table the motion.
Rep. R. L. BROWN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Atwater Ballentine Bannister Barfield Bedingfield Bingham Bowen Branham Brannon Chumley Clemmons Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell Goldfinch Hamilton Hardee Hardwick Harrell Henderson Hiott Hixon Horne Huggins Kennedy Knight Limehouse Loftis Long Lowe Lucas McCoy M. S. McLeod Merrill D. C. Moss V. S. Moss Murphy Nanney Norman Ott Owens Patrick Pitts Pope Putnam Quinn Riley Rivers Ryhal Sandifer Sellers Simrill G. M. Smith G. R. Smith J. R. Smith Sottile Southard Spires
Stringer Tallon Taylor Toole Vick Wells White Whitmire Willis Wood
Those who voted in the negative are:
Anthony Bales Bernstein Bowers G. A. Brown R. L. Brown Clyburn Cobb-Hunter Dillard Douglas Edge George Gilliard Govan Hayes Herbkersman Hodges Hosey Howard Jefferson Mack McEachern W. J. McLeod Mitchell Munnerlyn Neal Parks Ridgeway Robinson-Simpson Rutherford Sabb J. E. Smith Stavrinakis Weeks Whipper Williams
So, the motion to recommit the Bill was tabled.
Rep. EDGE moved to adjourn debate on the Bill until Wednesday, February 6.
Rep. HARDWICK moved to table the motion.
Rep. HARDWICK demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Atwater Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Branham Brannon Chumley Clemmons Cole H. A. Crawford Crosby Delleney Erickson
Felder Finlay Forrester Funderburk Gagnon Gambrell Goldfinch Govan Hamilton Hardee Hardwick Harrell Henderson Hiott Hixon Horne Huggins Kennedy Knight Limehouse Loftis Long Lowe Lucas McCoy M. S. McLeod Merrill D. C. Moss V. S. Moss Murphy Nanney Norman Owens Patrick Pitts Pope Powers Norrell Putnam Quinn Ridgeway Riley Rivers Ryhal Sandifer Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Southard Spires Stringer Tallon Taylor Toole Vick Wells White Whitmire Willis Wood
Those who voted in the negative are:
Anthony Bernstein Bowers G. A. Brown R. L. Brown Daning Dillard Douglas Edge George Gilliard Hayes Herbkersman Hosey Jefferson Mack McEachern W. J. McLeod Mitchell Munnerlyn Neal Newton Ott Parks Robinson-Simpson Rutherford Sabb Sellers J. E. Smith Stavrinakis Weeks Whipper Williams
So, the motion to adjourn debate was tabled.
Rep. EDGE spoke against the Bill.
The SPEAKER granted Rep. BALLENTINE a leave of absence for the remainder of the day due to medical reasons.
Rep. EDGE continued speaking.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anthony Atwater Bales Bannister Barfield Bedingfield Bernstein Bingham Bowen Branham Brannon Chumley Clemmons Clyburn Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell Goldfinch Hamilton Hardee Hardwick Harrell Hayes Henderson Hiott Hixon Hodges Horne Huggins Kennedy Knight Limehouse Loftis Long Lowe Lucas McCoy M. S. McLeod Merrill Mitchell D. C. Moss V. S. Moss Murphy Nanney Norman Ott Owens Patrick Pitts Pope Powers Norrell Putnam Quinn Riley Rivers Rutherford Ryhal Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stringer Tallon
Taylor Toole Vick Wells White Whitmire Willis Wood
Those who voted in the negative are:
Bowers G. A. Brown R. L. Brown Cobb-Hunter Dillard Douglas Edge George Gilliard Govan Herbkersman Hosey Howard Jefferson Mack McEachern W. J. McLeod Munnerlyn Neal Newton Parks Ridgeway Robinson-Simpson Sabb Stavrinakis Weeks Whipper Williams
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. HIOTT moved to reconsider the vote whereby the following Bill was given second reading:
H. 3290 (Word version) -- Reps. Bingham, Bannister, Harrell, Simrill, Merrill, Rutherford, Norman, K. R. Crawford, Sottile, Herbkersman, Barfield, Clemmons, V. S. Moss, Hixon, D. C. Moss, Gambrell, Horne, Erickson, G. R. Smith, Sandifer, Forrester, Cole, Allison, Crosby, Murphy, Spires, Patrick, Hardwick, Putnam, H. A. Crawford, Southard, Henderson, Chumley, Bedingfield, Atwater, Goldfinch, Bowen, Funderburk, Gagnon, Long, Owens, Tallon, Thayer, Vick, Whitmire, Branham, Rivers, Bales and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "BUSINESS FREEDOM TO CHOOSE ACT", BY AMENDING SECTION 44-96-80, RELATING TO COUNTY SOLID WASTE PROGRAMS, INCLUDING A COUNTY'S AUTHORITY TO ENACT ORDINANCES CONSISTENT WITH THE STATE PLAN, LAW, AND REGULATIONS, SO AS TO MAKE
TECHNICAL CORRECTIONS, TO DELETE OBSOLETE LANGUAGE, AND TO PROVIDE THAT AN ORDINANCE THAT RESTRICTS SOLID WASTE DISPOSAL AT A PERMITTED FACILITY OR IMPEDES THE DEVELOPMENT OR IMPLEMENTATION OF A RECYCLING PROGRAM IS INCONSISTENT WITH THE PROVISIONS OF CHAPTER 96 OF TITLE 44; AND TO AMEND SECTION 44-55-1210, RELATING TO A COUNTY'S AUTHORITY TO REQUIRE THE COLLECTION AND DISPOSAL OF SOLID WASTE, SO AS TO PROVIDE THAT A COUNTY ORDINANCE IS VOID TO THE EXTENT THAT THE ORDINANCE RESTRICTS OR PROHIBITS SOLID WASTE DISPOSAL AT A PERMITTED FACILITY OR IMPEDES THE DEVELOPMENT OR IMPLEMENTATION OF A RECYCLING PROGRAM.
Rep. HIOTT moved to table the motion to reconsider, which was agreed to.
Rep. GOLDFINCH moved that the House recur to the morning hour, which was agreed to.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:
H. 3191 (Word version) -- Reps. Cole and Tallon: A BILL TO AMEND SECTIONS 56-5-130 AND 56-5-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERMS "MOTOR VEHICLE" AND "MOTORCYCLE", SO AS TO PROVIDE THAT MOPEDS ARE MOTOR VEHICLES AND NOT MOTORCYCLES.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:
H. 3340 (Word version) -- Reps. Bannister, Herbkersman, Newton, Ballentine and Harrell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE
GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING ON THE SECOND TUESDAY IN FEBRUARY RATHER THAN THE SECOND TUESDAY IN JANUARY OF EACH YEAR, REQUIRE EACH ANNUAL SESSION OF THE GENERAL ASSEMBLY TO ADJOURN SINE DIE NOT LATER THAN THE FIRST THURSDAY IN MAY EACH YEAR, AND ALLOW THE GENERAL ASSEMBLY TO CONVENE IN LOCAL SESSION AND FOR THE PURPOSE OF BEGINNING COMMITTEE MEETINGS OR HEARINGS ON THE SECOND TUESDAY OF JANUARY EACH YEAR.
Ordered for consideration tomorrow.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3421 (Word version) -- Rep. G. A. Brown: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 527 IN LEE COUNTY FROM MOUNT PLEASANT HIGH SCHOOL TO ITS INTERSECTION WITH UNITED STATES HIGHWAY 76 "ISAAC C. JOE HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "ISAAC C. JOE HIGHWAY".
Ordered for consideration tomorrow.
The following was introduced:
H. 3461 (Word version) -- Rep. Barfield: A HOUSE RESOLUTION TO COMMEND AND SUPPORT THE TAIWAN'S DEMOCRATIC SYSTEM OF GOVERNMENT, ITS CLOSE RELATIONSHIP WITH THE UNITED STATES, AND THE NATION'S MEANINGFUL PARTICIPATION IN THE WORLD HEALTH ORGANIZATION, THE INTERNATIONAL CIVIL AVIATION ORGANIZATION, AND THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE, AS WELL AS OTHER INTERNATIONAL ORGANIZATIONS.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3462 (Word version) -- Reps. G. M. Smith, Weeks, G. A. Brown, Neal, Ridgeway, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, R. L. Brown, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Quinn, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR JAY SCHWEDLER FOR HIS OUTSTANDING SERVICE AS PRESIDENT AND CEO OF SUMTER ECONOMIC DEVELOPMENT AND TO CONGRATULATE HIM FOR HIS SELECTION AS A WINNER OF A "40 UNDER 40" AWARD FROM DEVELOPMENT COUNSELLORS INTERNATIONAL.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3463 (Word version) -- Rep. Hamilton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-222 SO AS TO PROVIDE THAT NO ADDITIONAL PROPERTY TAX IS DUE FOR ANY PRIOR PROPERTY TAX YEAR ON A PARCEL OF REAL PROPERTY BECAUSE OF AN ERRONEOUS CLASSIFICATION OF THE PARCEL WHEN THAT ERROR WAS
NOT THE RESULT OF ANY ACT OR OMISSION OF THE CURRENT OWNER OF THE PARCEL.
Referred to Committee on Ways and Means
H. 3464 (Word version) -- Reps. Allison, Brannon, Erickson, Bedingfield, Taylor, Kennedy, Clyburn, Anderson, G. A. Brown, Clemmons, H. A. Crawford, Douglas, Forrester, Goldfinch, Hamilton, Hardwick, Hixon, Horne, Hosey, Nanney, Pope, Powers Norrell, G. R. Smith, J. R. Smith, Stringer and Wood: A BILL TO AMEND SECTION 63-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPEDITED RELATIVE PLACEMENTS OF CHILDREN AT THE PROBABLE CAUSE HEARING, SO AS TO ENCOURAGE PLACEMENT OF THE CHILD WITH A GRANDPARENT OR OTHER RELATIVE OF THE FIRST OR SECOND DEGREE UNDER CERTAIN CIRCUMSTANCES; TO SET FORTH CRITERIA FOR THE COURT TO CONSIDER WHEN DECIDING WHETHER TO PLACE A CHILD WITH A GRANDPARENT OR OTHER RELATIVE OF THE FIRST OR SECOND DEGREE AT THE PROBABLE CAUSE HEARING; AND TO PROVIDE THAT IF THE COURT PLACES A CHILD WITH A GRANDPARENT OR OTHER RELATIVE OF THE FIRST OR SECOND DEGREE AT THE PROBABLE CAUSE HEARING, THE INDIVIDUAL MUST BE ADDED AS A PARTY TO THE ACTION FOR THE DURATION OF THE CASE OR UNTIL FURTHER ORDER OF THE COURT.
Referred to Committee on Judiciary
H. 3465 (Word version) -- Reps. Allison, Brannon, Erickson, Bedingfield, Taylor, Kennedy, Clyburn, Anderson, G. A. Brown, Chumley, H. A. Crawford, Dillard, Forrester, Goldfinch, Hamilton, Hardwick, Henderson, Hixon, Horne, Hosey, Nanney, Pope, Powers Norrell, Ridgeway, Robinson-Simpson, Skelton, G. R. Smith, J. R. Smith, Stringer, Whipper and Wood: A BILL TO AMEND SECTION 63-7-1680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF A PLACEMENT PLAN, SO AS TO ESTABLISH A PREFERENCE FOR THE PLACEMENT OF SIBLING GROUPS TOGETHER IN THE SAME OUT-OF-HOME PLACEMENT ABSENT GOOD CAUSE TO THE CONTRARY; TO AMEND SECTION 63-9-30, RELATING TO DEFINITIONS, SO AS TO ADD A DEFINITION FOR THE TERM "SIBLINGS"; AND BY ADDING SECTION 63-9-80 SO AS TO ESTABLISH A PREFERENCE FOR THE PLACEMENT OF SIBLING GROUPS
TOGETHER IN THE SAME ADOPTIVE HOME, CREATING A REBUTTABLE PRESUMPTION THAT THESE PLACEMENTS ARE IN THE CHILDREN'S BEST INTEREST.
Referred to Committee on Judiciary
Rep. RILEY moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3434 (Word version) -- Rep. Howard: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR KAREN ALEXANDER, FOUNDER AND CEO OF THE AUNTIE KAREN FOUNDATION, FOR HER SUCCESSFUL USE OF THE ARTS TO EDUCATE AND EMPOWER CHILDREN ACROSS THE GLOBE.
At 1:46 p.m. the House, in accordance with the motion of Rep. GOLDFINCH, adjourned in memory of Dr. Lollice B. Courtney of Conway, to meet at 10:00 a.m. tomorrow.
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