South Carolina General Assembly
120th Session, 2013-2014
Journal of the House of Representatives


Printed Page 4479 . . . . . Thursday, May 16, 2013

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 2:10-11: "For wisdom will come into your heart and knowledge will be pleasant to your soul; prudence will watch over you and understanding will guard you."
Let us pray. Place wisdom in our hearts with humility and understanding. Guide us this day by Your spirit and provide these Representatives and staff the tools to accomplish their work. Make this body one in serving the people of this State. Bestow Your blessings and peace on our Nation, President, State, Governor, Speaker, staff, and all who assist them in their duties. 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. ANDERSON moved that when the House adjourns, it adjourn in memory of Peggy Tomlinson McGill, mother of Senator Yancey McGill, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the family of Peggy Tomlinson McGill, mother of Senator Yancey McGill.


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REPORTS OF STANDING COMMITTEE

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

S. 96 (Word version) -- Senator Cleary: A BILL TO AMEND SECTION 54-15-20 OF THE 1976 CODE, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA COMMISSIONERS OF PILOTAGE FOR THE UPPER COASTAL AREA, TO INCREASE THE NUMBER OF MEMBERS ON THE COMMISSION FROM SIX TO EIGHT.
Ordered for consideration tomorrow.

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

S. 417 (Word version) -- Senator Alexander: 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 MAY ACCEPT CERTAIN COURSEWORK OR EXPERIENCE OBTAINED DURING THE COURSE OF MILITARY SERVICE TO SATISFY RELATED PROFESSIONAL OR


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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.
Ordered for consideration tomorrow.

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

S. 438 (Word version) -- Senators L. Martin and Campbell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-15-70 SO AS TO PROVIDE FOR THE FAIR AND OPEN COMPETITION IN GOVERNMENTAL CONTRACTS BY STIPULATING THAT STATE OR LOCAL ENTITIES, OFFICIALS, AND EMPLOYEES, IN REGARD TO A PUBLIC BUILDING, MAY NOT REQUIRE OR PROHIBIT A BIDDER, OFFEROR, CONTRACTOR, OR SUBCONTRACTOR FROM ENTERING INTO OR ADHERING TO AN AGREEMENT WITH ONE OR MORE LABOR ORGANIZATIONS IN REGARD TO THE PROJECT AND MAY NOT OTHERWISE DISCRIMINATE AGAINST A BIDDER, OFFEROR, CONTRACTOR, OR SUBCONTRACTOR FOR BECOMING OR REFUSING TO BECOME A SIGNATORY TO AN AGREEMENT WITH ONE OR MORE LABOR ORGANIZATIONS IN REGARD TO THE PROJECT, TO PROVIDE THAT STATE AND LOCAL ENTITIES, OFFICIALS, AND EMPLOYEES SHALL NOT AWARD A GRANT, TAX ABATEMENT, OR TAX CREDIT CONDITIONED UPON THE INCLUSION OF SUCH AGREEMENTS IN THE AWARD, AND TO PROVIDE EXCEPTIONS TO AND EXEMPTIONS FROM THESE PROVISIONS.
Ordered for consideration tomorrow.


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

S. 460 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 38-45-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTY OF DUE CARE THAT A SURPLUS LINES INSURANCE BROKER MUST EXERCISE WHEN PLACING BUSINESS WITH NONADMITTED INSURERS, SO AS TO EXEMPT THOSE BROKERS FROM THIS REQUIREMENT WHEN SEEKING TO PROCURE OR PLACE NONADMITTED INSURANCE FOR AN EXEMPT COMMERCIAL PURCHASER IN CERTAIN CIRCUMSTANCES.
Ordered for consideration tomorrow.

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

S. 464 (Word version) -- Senators Hayes and Malloy: A BILL TO AMEND SECTION 38-77-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY UNINSURED MOTORIST PROVISION FOR AUTOMOBILE INSURANCE POLICIES, SO AS TO INCREASE THE MINIMUM COVERAGE TO TWENTY-FIVE THOUSAND DOLLARS.
Ordered for consideration tomorrow.

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

S. 465 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 38-71-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY ACT, SO AS TO REVISE THE DEFINITION OF AN "ELIGIBLE EMPLOYEE".
Ordered for consideration tomorrow.

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

S. 530 (Word version) -- Senators Hayes, Campbell and L. Martin: A BILL TO AMEND SECTION 38-71-1730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLOSED PANEL HEALTH


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PLANS, SO AS TO REMOVE THE REQUIREMENT THAT CERTAIN EMPLOYERS THAT OFFER ONLY CLOSED PANEL HEALTH PLANS TO ITS EMPLOYEES ALSO OFFER A POINT-OF-SERVICE OPTION TO ITS EMPLOYEES, TO MAKE CONFORMING CHANGES, AND TO INCREASE THE ALLOWABLE DIFFERENCES BETWEEN COINSURANCE PERCENTAGES FOR IN-NETWORK AND OUT-OF-NETWORK COVERED SERVICES AND SUPPLIES UNDER A POINT-OF-SERVICE OPTION.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4137 (Word version) -- Reps. Clyburn, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, 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, 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 HOUSE RESOLUTION TO CONGRATULATE TRINITY COMMUNITY CHURCH OF EDGEFIELD ON THE OCCASION OF ITS HISTORIC ONE HUNDRED FIFTY-SIXTH ANNIVERSARY AND COMMEND THE CHURCH FOR MORE THAN A CENTURY AND A HALF OF SERVICE TO GOD AND THE COMMUNITY.

The Resolution was adopted.


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HOUSE RESOLUTION

The following was introduced:

H. 4138 (Word version) -- Reps. Cole, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, 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, 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 HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, UPON THE PASSING OF BARBARA STRICKLER OF SPARTANBURG COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER LARGE AND LOVING FAMILY AND HER MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4139 (Word version) -- Reps. Daning, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman,


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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, 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 HOUSE RESOLUTION TO EXPRESS THE GRATITUDE OF THE CITIZENS OF SOUTH CAROLINA FOR THE SACRIFICIAL SERVICE OF THIS GREAT STATE'S POLICE OFFICERS AND TO RECOGNIZE MAY 12-18, 2013, AS NATIONAL POLICE WEEK.

Whereas, the House of Representatives is pleased to note that the week of May 12-18, 2013, is National Police Week; and

Whereas, in 1962, President John F. Kennedy signed a proclamation designating May 15 as Peace Officers Memorial Day and the week in which that date falls as Police Week. Today, during Police Week tens of thousands of law enforcement officers from around the world converge on Washington, D.C., to participate in a number of planned events honoring those who have made the ultimate sacrifice; and

Whereas, the National Peace Officers' Memorial Service, sponsored by the Grand Lodge of the Fraternal Order of Police, is one in a series of events, including the Candlelight Vigil, sponsored by the National Law Enforcement Officers Memorial Fund, and various seminars, all sponsored by Concerns of Police Survivors; and

Whereas, the memorial service began in 1982 as a gathering in Senate Park of approximately one hundred twenty survivors and supporters of law enforcement. Decades later, the event attracts between twenty-five thousand and forty thousand attendees from departments throughout the United States, as well as from agencies throughout the world, to our nation's capital each year; and

Whereas, this commemoration provides a unique opportunity to meet others who share a common brotherhood. To further the spirit of fellowship, the Fraternal Order of Police D.C. Lodge #1 sponsors


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receptions each afternoon and evening during Police Week for all law enforcement personnel; and

Whereas, grateful for their contributions to the safety of South Carolina's citizenry, the House of Representatives takes great pleasure in commending the fine police officers serving throughout the Palmetto State and in recognizing May 12-18, 2013, as National Police Week. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, express the gratitude of the citizens of South Carolina for the sacrificial service of this great state's police officers and recognize May 12-18, 2013, as National Police Week.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4140 (Word version) -- Reps. George, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, 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, 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, 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 HOUSE RESOLUTION TO RECOGNIZE AND HONOR MR. JOHN HUGHES OF MARION COUNTY FOR HIS OUTSTANDING


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LEADERSHIP IN PUBLIC EDUCATION, TO CONGRATULATE HIM ON BEING ELECTED PRESIDENT OF THE SOUTH CAROLINA SCHOOL BOARDS ASSOCIATION, AND TO WISH HIM WELL DURING HIS TENURE AS PRESIDENT.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4142 (Word version) -- Reps. Barfield and Hardee: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CONWAY CHRISTIAN SCHOOL SOFTBALL TEAM OF HORRY COUNTY WITH THE TEAM COACHES AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND HONORED FOR CAPTURING THE 2013 SOUTH CAROLINA ASSOCIATION OF CHRISTIAN SCHOOLS 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 Conway Christian School softball team of Horry County with the team coaches and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and honored for capturing the 2013 South Carolina Association of Christian Schools Class AA State Championship title.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4143 (Word version) -- Reps. Wood, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester,


Printed Page 4488 . . . . . Thursday, May 16, 2013

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, 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 and Willis: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE BOILING SPRINGS HIGH SCHOOL CHEERLEADING TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM FOR WINNING THE CLASS AAAA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4144 (Word version) -- Rep. Wood: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE BOILING SPRINGS HIGH SCHOOL CHEERLEADING TEAM OF SPARTANBURG COUNTY WITH THE COACHES AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2012 SOUTH CAROLINA CLASS AAAA 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 Boiling Springs High School cheerleading team of Spartanburg County with the coaches and school officials, at a date and time to be determined by the Speaker, for the


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purpose of being recognized and commended for capturing the 2012 South Carolina Class AAAA State Championship title.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4141 (Word version) -- Reps. Barfield and Hardee: A CONCURRENT RESOLUTION TO ACKNOWLEDGE AND COMMEND THE CONWAY CHRISTIAN SCHOOL SOFTBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM FOR GARNERING THE 2013 SOUTH CAROLINA ASSOCIATION OF CHRISTIAN SCHOOLS CLASS AA STATE CHAMPIONSHIP TITLE.

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

INTRODUCTION OF BILLS

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

H. 4135 (Word version) -- Reps. Crosby, Daning, Jefferson, Bowers, Sottile, Southard, J. R. Smith, Dillard, George, Herbkersman, Hiott, Long, Lucas, Putnam, Rivers and Stavrinakis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3815 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DRIVE A VEHICLE WHILE DISTRACTED, TO PROVIDE A PENALTY, AND TO ALLOW A WARNING TICKET TO BE ISSUED TO A DRIVER WHOSE ACTIONS COULD RESULT IN A DISTRACTED DRIVING VIOLATION.
Referred to Committee on Education and Public Works

H. 4136 (Word version) -- Reps. Ballentine, Bannister, Rutherford, Stavrinakis and Cole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1305 SO AS TO PROVIDE THAT A WHOLESALER OF ALCOHOLIC LIQUORS AND WINE MAY DONATE ALCOHOLIC LIQUORS AND WINE TO CERTAIN NONPROFIT ORGANIZATIONS AND TO A POLITICAL PARTY, ITS AFFILIATE, AND A CANDIDATE


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CAMPAIGN COMMITTEE LICENSED UNDER THE PROVISIONS OF SECTION 61-6-2000, TO PROVIDE FOR THE ACCEPTANCE OF THE DONATED ALCOHOLIC LIQUOR AND WINE, AND TO PROVIDE FOR THE RETURN TO THE WHOLESALER OF UNCONSUMED PRODUCTS AT THE CONCLUSION OF THE EVENT; TO AMEND SECTION 61-4-735, RELATING TO REGULATION OF PRACTICES BETWEEN WINE MANUFACTURERS, IMPORTERS, WHOLESALERS, AND RETAILERS, SO AS TO PROVIDE THAT A WHOLESALER OF WINE MAY DONATE WINE TO CERTAIN NONPROFIT ORGANIZATIONS AND TO A POLITICAL PARTY, ITS AFFILIATE, AND A CANDIDATE CAMPAIGN COMMITTEE LICENSED UNDER THE PROVISIONS OF SECTION 61-4-550, TO PROVIDE FOR THE ACCEPTANCE OF THE DONATED WINE, AND TO PROVIDE FOR THE RETURN TO THE WHOLESALER OF THE UNCONSUMED PRODUCTS AT THE CONCLUSION OF THE EVENT; TO AMEND SECTION 61-4-940, AS AMENDED, RELATING TO PRACTICES BETWEEN MANUFACTURER, WHOLESALER, AND RETAILER OF BEER PRODUCTS, SO AS TO PROVIDE THAT A WHOLESALER OF BEER MAY DONATE BEER TO CERTAIN NONPROFIT ORGANIZATIONS AND TO A POLITICAL PARTY, ITS AFFILIATE, AND A CANDIDATE CAMPAIGN COMMITTEE LICENSED UNDER THE PROVISIONS OF SECTION 61-4-550, TO PROVIDE FOR THE ACCEPTANCE OF THE DONATED BEER PRODUCTS, AND TO PROVIDE FOR THE RETURN TO THE WHOLESALER OF THE UNCONSUMED PRODUCTS AT THE CONCLUSION OF THE EVENT.
Referred to Committee on Judiciary

H. 4145 (Word version) -- Reps. Goldfinch, Clemmons, Hardwick and Delleney: A BILL TO AMEND SECTION 15-1-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY FROM LIABILITY FOR PERSONS WHO RENDER EMERGENCY CARE AT THE SCENE OF AN ACCIDENT OR EMERGENCY, SO AS TO CLARIFY THAT THE IMMUNITY EXTENDS TO THE ADMINISTRATION OF LIFE-SAVING PROCEDURES SUCH AS CPR AND TO EXTEND THIS IMMUNITY TO THE EMPLOYER OF A CPR CERTIFIED EMPLOYEE WHOSE LIFE-SAVING ACTS ARE IMMUNE FROM LIABILITY.
Referred to Committee on Judiciary


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S. 348 (Word version) -- Senator L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-10-35 SO AS TO PROVIDE FOR REQUIREMENTS FOR FIREPLACES IN LIEU OF REQUIREMENTS OF THE 2009 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE.
Referred to Committee on Labor, Commerce and Industry

S. 690 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ARCHITECTURAL EXAMINERS, RELATING TO OFFICERS, MEETINGS, APPLICATIONS AND FEES, RENEWALS, AND CONTINUING EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4334, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

S. 692 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE RESIDENTIAL BUILDERS COMMISSION, RELATING TO RESIDENTIAL SPECIALTY CONTRACTORS LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4252, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

ROLL CALL

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

Allison                Anderson               Anthony
Atwater                Bales                  Ballentine
Barfield               Bedingfield            Bingham
Bowen                  Branham                Brannon
G. A. Brown            R. L. Brown            Burns
Chumley                Clemmons               Clyburn
Cobb-Hunter            Cole                   H. A. Crawford
K. R. Crawford         Crosby                 Daning
Delleney               Dillard                Douglas
Edge                   Felder                 Finlay
Forrester              Gagnon                 Gambrell
George                 Gilliard               Goldfinch


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Hardee                 Hardwick               Harrell
Hayes                  Henderson              Herbkersman
Hiott                  Hixon                  Hodges
Hosey                  Howard                 Huggins
Jefferson              Kennedy                King
Knight                 Loftis                 Long
Lowe                   Lucas                  Mack
McCoy                  McEachern              W. J. McLeod
Merrill                D. C. Moss             V. S. Moss
Munnerlyn              Murphy                 Neal
Newton                 Norman                 Ott
Owens                  Parks                  Patrick
Pitts                  Pope                   Putnam
Quinn                  Ridgeway               Riley
Rivers                 Robinson-Simpson       Rutherford
Ryhal                  Sabb                   Sandifer
Simrill                Skelton                G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Sottile                Southard               Spires
Stavrinakis            Stringer               Tallon
Taylor                 Thayer                 Toole
Weeks                  Wells                  Whipper
White                  Whitmire               Willis
Wood

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, May 16.

Beth Bernstein                    William Bowers
H. B. "Chip" Limehouse            Mia S. McLeod
Mandy Powers Norrell              Bakari Sellers
Laurie Funderburk                 Jerry Govan

Total Present--114

LEAVE OF ABSENCE

The SPEAKER granted Rep. HAMILTON a leave of absence for the day due to being out of town.


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LEAVE OF ABSENCE

The SPEAKER granted Rep. WILLIAMS a leave of absence for the day due to military duty.

LEAVE OF ABSENCE

The SPEAKER granted Rep. NANNEY a leave of absence for the day due to family reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. ERICKSON a leave of absence for the day due to official constituent business.

STATEMENT OF ATTENDANCE

Rep. LIMEHOUSE signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 15.

DOCTOR OF THE DAY

Announcement was made that Dr. William B. Jones of Greenville was the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. HIOTT presented to the House the Pickens High School "Blue Flame" Winter Guard, the 2013 Band Directors Association Regional A Champions, their directors and other school officials.

SPECIAL PRESENTATION

Rep. J. E. SMITH presented to the House the Heathwood Hall "Highlanders" Varsity LaCrosse Team, the 2013 South Carolina Independent Schools Association Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Rep. RUTHERFORD presented to the House Miss South Carolina USA 2013, Megan Tyler Pinckney, and Miss South Carolina Teen USA 2013, Victoria Carol Sizemore.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper,


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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. 3948 (Word version)
Date:   ADD:
05/16/13   RIDGEWAY

CO-SPONSOR ADDED

Bill Number:   H. 3987 (Word version)
Date:   ADD:
05/16/13   KNIGHT

CO-SPONSORS REMOVED

Bill Number:   H. 4095 (Word version)
Date:   REMOVE:
05/16/13   BURNS, LONG, and WHITMIRE

LEAVE OF ABSENCE

The SPEAKER granted Rep. FUNDERBURK a temporary leave of absence to attend a constituent event.

LEAVE OF ABSENCE

The SPEAKER granted Rep. BALLENTINE a leave of absence for the remainder of the day due to speaking to a group of constituents.

S. 143--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 143 (Word version) -- Senators Malloy, Ford, Massey, S. Martin and Hayes: A BILL TO AMEND ARTICLES 1, 2, 3 AND 4 OF TITLE 62, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE


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SOUTH CAROLINA PROBATE CODE, SO AS TO, AMONG OTHER THINGS, DEFINE THE JURISDICTION OF THE PROBATE CODE, TO DETERMINE INTESTATE SUCCESSION, TO PROVIDE FOR THE PROCESS OF EXECUTING A WILL, TO PROVIDE FOR THE PROCESS TO PROBATE AND ADMINISTER A WILL, AND TO PROVIDE FOR LOCAL AND FOREIGN PERSONAL REPRESENTATIVES; AND TO AMEND ARTICLES 6 AND 7 OF TITLE 62, RELATING TO THE SOUTH CAROLINA PROBATE CODE, SO AS TO PROVIDE FOR THE GOVERNANCE OF NONPROBATE TRANSFERS, AND TO AMEND THE SOUTH CAROLINA TRUST CODE.

The Committee on Judiciary proposed the following Amendment No. 1 to S. 143 (COUNCIL\NL\143C001.NL.DG13), which was adopted:
Amend the bill, as and if amended, by striking Section 62-1-302(a)(1) as contained on lines 3-7 of page 14, and inserting:
/   (1)   estates of decedents, including the contest of wills, construction of wills, determination of property in which the estate of a decedent or a protected person has an interest, and determination of heirs and successors of decedents and estates of protected persons, except that the circuit court also has jurisdiction to determine heirs and successors as necessary to resolve real estate matters, including partition, quiet title, and other actions pending in the circuit court;     /
Amend the bill further, by striking Section 62-1-308(f), as contained on lines 7-13 of page 21, and inserting:
/   (f)   Within thirty days after service of the respondent's brief, the appellant shall serve a copy of the Record on Appeal (in a format described in subsections (c), (e), (f) and (g) of Rule 210, SCACR, except that the Record of Appeal need not comply with the requirements of Rule 267, SCACR) on each party who has served a brief and file with the clerk of the circuit court one copy of the Record on Appeal with proof of service.         /
Amend the bill further, by striking Section 62-2-603(C), as contained on lines 17-20 of page 75, and inserting:
/   (C)   Words of survivorship in a devise to an individual, such as, 'if he survives me,' or to 'my surviving children,' are, in the absence of additional evidence, a sufficient indication of an intent contrary to the application of subsections (A) and (B).         /
Amend the bill further, by striking Section 62-3-804(1)(b), as contained on lines 21-27 of page 176, and inserting:


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/   (b)   In addition to the requirements in subsection (1)(a), a creditor seeking appointment as personal representative pursuant to Section 62-3-203(a)(6) must attach the written statement of the claim to the application or petition for appointment. For purposes of Section 62-3-803, the claim is considered to be presented when the application or petition for appointment is filed with the written statement of the claim attached.         /
Amend the bill further, by striking Section 62-3-911(2)(D), as contained on lines 28-36 of page 197, and inserting:
/     (d)   After the valuation of the interests in the property is completed as provided in subitems (b) or (c) of this item, the interested heirs or devisees seeking to purchase the interests of the other interested heirs or devisees shall have forty-five days to pay the price set as the value of those interests to be purchased, in such shares and proportions, and in such manner, as the court shall determine. Upon the payment, the court shall direct the personal representative to execute and deliver the proper instruments transferring title to the purchasers.       /
Renumber sections to conform.
Amend title to conform.

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

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 101; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Atwater                Bales
Barfield               Bedingfield            Bingham
Bowen                  Branham                Brannon
Burns                  Chumley                Clemmons
Clyburn                Cobb-Hunter            Cole
H. A. Crawford         K. R. Crawford         Crosby
Daning                 Delleney               Dillard
Douglas                Edge                   Felder
Finlay                 Forrester              Gagnon
Gambrell               George                 Gilliard


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Goldfinch              Hardee                 Hardwick
Harrell                Hayes                  Henderson
Herbkersman            Hixon                  Hodges
Hosey                  Huggins                Jefferson
Kennedy                King                   Knight
Limehouse              Loftis                 Long
Lowe                   Lucas                  Mack
McCoy                  McEachern              M. S. McLeod
W. J. McLeod           D. C. Moss             V. S. Moss
Munnerlyn              Murphy                 Newton
Norman                 Owens                  Parks
Patrick                Pitts                  Pope
Powers Norrell         Putnam                 Quinn
Ridgeway               Riley                  Rivers
Robinson-Simpson       Rutherford             Ryhal
Sabb                   Sandifer               Simrill
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Southard
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Toole                  Weeks                  Wells
Whipper                White                  Whitmire
Willis                 Wood

Total--101

Those who voted in the negative are:

Total--0

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

S. 643--ORDERED TO THIRD READING

The following Bill was taken up:

S. 643 (Word version) -- Senators Hayes and Leatherman: A BILL TO AMEND ACT 288 OF 2012, RELATING TO THE 2012-2013 GENERAL APPROPRIATIONS ACT, SO AS TO REVISE PARAGRAPH 1A.48, SECTION 1A, PART IB, THAT DIRECTS THE DEPARTMENT OF EDUCATION TO TRANSFER CERTAIN FUNDS TO MEET


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MAINTENANCE OF EFFORT REQUIREMENTS FOR THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT BY DELETING THE SET MAXIMUM AMOUNT THAT MAY BE TRANSFERRED.

Rep. BINGHAM explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 95; Nays 0

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Atwater                Bales                  Barfield
Bedingfield            Bingham                Bowen
Bowers                 Branham                Brannon
G. A. Brown            Burns                  Chumley
Clemmons               Clyburn                Cobb-Hunter
Cole                   H. A. Crawford         K. R. Crawford
Crosby                 Daning                 Delleney
Dillard                Edge                   Felder
Finlay                 Forrester              Gagnon
Gambrell               George                 Gilliard
Goldfinch              Hardee                 Hardwick
Harrell                Hayes                  Henderson
Herbkersman            Hixon                  Hosey
Huggins                Jefferson              King
Knight                 Limehouse              Loftis
Long                   Lowe                   Lucas
Mack                   McCoy                  McEachern
W. J. McLeod           D. C. Moss             V. S. Moss
Munnerlyn              Murphy                 Newton
Norman                 Ott                    Owens
Parks                  Patrick                Pitts
Pope                   Putnam                 Quinn
Ridgeway               Riley                  Rivers
Robinson-Simpson       Ryhal                  Sabb
Sandifer               Skelton                G. R. Smith
J. R. Smith            Sottile                Southard
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Toole                  Weeks                  Wells


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Whipper                White                  Whitmire
Willis                 Wood

Total--95

Those who voted in the negative are:

Total--0

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

S. 643--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. BINGHAM, with unanimous consent, it was ordered that S. 643 (Word version) be read the third time tomorrow.

LEAVE OF ABSENCE

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

S. 250--ORDERED TO THIRD READING

The following Bill was taken up:

S. 250 (Word version) -- Senators Cromer and Ford: A BILL TO AMEND SECTION 33-56-30 OF THE 1976 CODE, RELATING TO REGISTRATION STATEMENTS FOR THE SOLICITATION OF CHARITABLE FUNDS, TO EXEMPT PUBLIC SCHOOLS AND PUBLIC SCHOOL DISTRICTS.

Rep. HENDERSON explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 94; Nays 0

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Atwater                Bales                  Barfield
Bedingfield            Bingham                Bowen
Bowers                 Branham                Brannon
G. A. Brown            Burns                  Chumley
Clemmons               Clyburn                Cobb-Hunter
Cole                   H. A. Crawford         Crosby


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Daning                 Delleney               Dillard
Douglas                Edge                   Felder
Finlay                 Forrester              Gagnon
Gambrell               George                 Gilliard
Goldfinch              Hardwick               Harrell
Henderson              Herbkersman            Hixon
Hosey                  Huggins                Jefferson
Kennedy                King                   Knight
Limehouse              Loftis                 Long
Lowe                   Mack                   McCoy
McEachern              W. J. McLeod           D. C. Moss
V. S. Moss             Munnerlyn              Murphy
Newton                 Norman                 Ott
Owens                  Patrick                Pitts
Pope                   Powers Norrell         Putnam
Quinn                  Ridgeway               Riley
Rivers                 Robinson-Simpson       Rutherford
Ryhal                  Sabb                   Skelton
G. R. Smith            J. E. Smith            J. R. Smith
Sottile                Southard               Spires
Stavrinakis            Stringer               Tallon
Taylor                 Thayer                 Toole
Weeks                  Wells                  Whipper
White                  Whitmire               Willis
Wood

Total--94

Those who voted in the negative are:

Total--0

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

S. 250--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HENDERSON, with unanimous consent, it was ordered that S. 250 (Word version) be read the third time tomorrow.


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S. 636--ORDERED TO THIRD READING

The following Bill was taken up:

S. 636 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO ADD THE "NEW HOPE" PRECINCT, TO DESIGNATE A MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC LANGUAGE.

The yeas and nays were taken resulting as follows:

Yeas 81; Nays 0

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Atwater                Barfield               Bedingfield
Bingham                Bowen                  Bowers
Branham                Brannon                G. A. Brown
Burns                  Chumley                Clemmons
Cobb-Hunter            Cole                   H. A. Crawford
Crosby                 Delleney               Dillard
Douglas                Finlay                 Forrester
Gagnon                 Gambrell               George
Goldfinch              Hardee                 Hardwick
Harrell                Henderson              Herbkersman
Hixon                  Hosey                  Huggins
Knight                 Limehouse              Loftis
Long                   Lucas                  McCoy
McEachern              D. C. Moss             V. S. Moss
Munnerlyn              Murphy                 Newton
Norman                 Ott                    Parks
Patrick                Pitts                  Pope
Powers Norrell         Putnam                 Quinn
Ridgeway               Riley                  Rivers
Robinson-Simpson       Ryhal                  Sabb
Sandifer               Skelton                G. M. Smith
J. R. Smith            Sottile                Southard
Spires                 Stavrinakis            Tallon


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Taylor                 Toole                  Weeks
Wells                  Whipper                White
Whitmire               Willis                 Wood

Total--81

Those who voted in the negative are:

Total--0

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

S. 636--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WHITMIRE, with unanimous consent, it was ordered that S. 636 (Word version) be read the third time tomorrow.

H. 3823--POINT OF ORDER

The following Bill was taken up:

H. 3823 (Word version) -- Reps. Thayer and Clemmons: A BILL TO AMEND SECTION 44-53-190, AS AMENDED, SECTIONS 44-53-210, 44-53-230, 44-53-250, AND 44-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, RESPECTIVELY, TO DRUGS DESIGNATED AS SCHEDULE I, II, III, IV, AND V CONTROLLED SUBSTANCES AND SECTION 44-53-1510, RELATING TO DRUGS DESIGNATED AS ANABOLIC STEROIDS, ALL SO AS TO ALPHABETIZE THESE LISTINGS AND TO ADD DRUGS TO THESE DESIGNATIONS TO CONFORM TO FEDERAL DRUG DESIGNATIONS AND DESIGNATIONS OF ADJACENT STATES IN ORDER TO ENHANCE AND IMPROVE ILLICIT DRUG ENFORCEMENT.

POINT OF ORDER

Rep. RUTHERFORD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.


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S. 382--POINT OF ORDER

The following Bill was taken up:

S. 382 (Word version) -- Senators Grooms, Alexander, L. Martin, Campbell, Davis, McGill, Nicholson, O'Dell, Reese, Shealy, Johnson, Verdin, Williams, Cleary, Allen, Rankin, Setzler, Lourie, Scott, Ford, Turner, Bennett, Corbin, Bright, Hutto, Jackson, Sheheen, Pinckney, Cromer, Hembree, Matthews, McElveen, Young, Hayes and Malloy: A BILL TO AMEND SECTION 56-15-10, RELATING TO DEFINITIONS FOR REGULATING MANUFACTURERS, DISTRIBUTORS, AND DEALERS, TO DEFINE THE TERMS "DUE CAUSE" AND "MATERIAL BREACH"; TO AMEND SECTION 56-15-40, RELATING TO SPECIFIC ACTS DEEMED UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS OR PRACTICES, TO PROVIDE THAT A MANUFACTURER, DISTRIBUTOR, WHOLESALER, DISTRIBUTOR BRANCH OR DIVISION, FACTORY BRANCH OR DIVISION, WHOLESALE BRANCH OR DIVISION, OR FINANCIAL ARM, OFFICER, AGENT, OR OTHER REPRESENTATIVE THEREOF, MAY NOT REQUIRE OR COERCE A MOTOR VEHICLE DEALER TO OFFER TO SELL OR SELL ANY EXTENDED SERVICE CONTRACT, EXTENDED MAINTENANCE PLAN, FINANCIAL PRODUCT, OR INSURANCE PRODUCT OFFERED, SOLD, OR SPONSORED BY THE MANUFACTURER OR TO SELL, ASSIGN, OR TRANSFER ANY RETAIL INSTALLMENT SALES CONTRACT OR LEASE OBTAINED BY THE MOTOR VEHICLE DEALER IN CONNECTION WITH THE SALE OR LEASE OF A NEW MOTOR VEHICLE MANUFACTURED BY THE MANUFACTURER TO A SPECIFIED FINANCE COMPANY, CLASS OF FINANCE COMPANIES, LEASING COMPANY, CLASS OF LEASING COMPANIES, OR TO ANY OTHER SPECIFIED PERSON; TO AMEND CHAPTER 15, TITLE 56, BY ADDING SECTION 56-15-47, TO PROVIDE THAT A MANUFACTURER MAY NOT PREVENT A MOTOR VEHICLE DEALER FROM DESIGNATING A SUCCESSOR TO THE DEALERSHIP IN THE EVENT OF DEATH OR INCAPACITY OF THE MOTOR VEHICLE DEALER; TO AMEND SECTION 56-15-60, RELATING TO MOTOR VEHICLE DEALER'S CLAIMS FOR COMPENSATION, TO PROVIDE THAT ALL WARRANTY CLAIMS, SERVICE CLAIMS, OR INCENTIVE CLAIMS NOT SPECIFICALLY DISAPPROVED IN WRITING WITHIN THIRTY DAYS OF RECEIPT SHALL BE


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CONSTRUED AS APPROVED AND PAYMENT MUST FOLLOW WITHIN THIRTY DAYS, AND A MANUFACTURER SHALL NOT UNREASONABLY DISAPPROVE A CLAIM THAT RESULTS IN A CLERICAL OR ADMINISTRATIVE ERROR AND THAT CLAIM DISAPPROVAL MUST BE BASED ON A MATERIAL DEFECT; TO AMEND CHAPTER 15, TITLE 56 BY ADDING SECTION 56-15-95, TO PROVIDE THAT A MANUFACTURER MAY NOT TERMINATE OR CANCEL A FRANCHISE OR SELLING AGREEMENT OF A MOTOR VEHICLE DEALER WITHOUT DUE CAUSE, AND TO DETERMINE WHETHER DUE CAUSE EXISTS, THE COURT SHALL TAKE INTO CONSIDERATION CERTAIN FACTORS PROVIDED IN THE SECTION; BY ADDING SECTION 56-15-96, TO PROVIDE THAT A PERFORMANCE STANDARD, SALES EFFECTIVENESS STANDARD, SALES OBJECTIVE, OR PROGRAM FOR MEASURING DEALERSHIP PERFORMANCE THAT MAY HAVE A MATERIAL EFFECT ON A MOTOR VEHICLE DEALER SHALL BE FAIR, REASONABLE, EQUITABLE, BASED ON ACCURATE INFORMATION, AND UNIFORMLY APPLIED TO OTHER SIMILARLY SITUATED MOTOR VEHICLE DEALERS; AND BY ADDING SECTION 56-15-98, TO PROVIDE A MANUFACTURER OR DISTRIBUTOR, OFFICER, AGENT, OR ANY REPRESENTATIVE OF A MANUFACTURER OR DISTRIBUTOR MAY NOT UNREASONABLY ALTER A NEW MOTOR VEHICLE DEALER'S AREA OF RESPONSIBILITY, AND TO PROVIDE A PROCEDURE TO ALTER A NEW MOTOR VEHICLE DEALER'S AREA OF RESPONSIBILITY.

POINT OF ORDER

Rep. SKELTON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

S. 221--POINT OF ORDER

The following Bill was taken up:

S. 221 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 36-4A-108, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMERCIAL CODE-FUNDS TRANSFERS, SO AS TO


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MAKE THE CHAPTER APPLICABLE TO REMITTANCE TRANSFERS, UNLESS THE REMITTANCE TRANSFER IS AN ELECTRONIC FUND TRANSFER, AND TO PROVIDE THAT, IN THE EVENT THERE IS AN INCONSISTENCY BETWEEN THE APPLICABLE PROVISION OF THE CHAPTER AND THE APPLICABLE PROVISION OF THE ELECTRONIC FUND TRANSFER ACT, THE PROVISION OF THE ELECTRONIC FUND TRANSFER ACT GOVERNS.

POINT OF ORDER

Rep. STAVRINAKIS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

S. 323--POINT OF ORDER

The following Bill was taken up:

S. 323 (Word version) -- Senator Hayes: A BILL TO AMEND THE OFFICIAL COMMENT TO SECTION 36-9-101, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHAPTER TITLE "UNIFORM COMMERCIAL CODE - SECURED TRANSACTIONS", SO AS TO, INTER ALIA, IDENTIFY THE SPECIFIC VERSION OF THE UNITED STATES BANKRUPTCY CODE REFERENCED THROUGHOUT THE COMMENTS TO CHAPTER 9, TITLE 36; TO AMEND SECTION 36-9-102, RELATING TO THE DEFINITIONS APPLICABLE TO CHAPTER 9, TITLE 36, SO AS TO REVISE EXISTING OR PROVIDE NEW DEFINITIONS FOR CERTAIN TERMS, AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 36-9-105, RELATING TO THE CONTROL OF ELECTRONIC CHATTEL PAPER, SO AS TO CLARIFY THE CONDITIONS UNDER WHICH A SECURED PARTY IS DEEMED TO HAVE CONTROL OF ELECTRONIC CHATTEL PAPER; TO AMEND SECTION 36-9-307, RELATING TO THE DEBTOR'S LOCATION, SO AS TO INCLUDE PROVISIONS FOR DESIGNATING A MAIN OFFICE, HOME OFFICE, OR OTHER COMPATIBLE OFFICE; TO AMEND SECTION 36-9-311, RELATING TO THE PERFECTION OF SECURITY INTERESTS IN PROPERTY SUBJECT TO CERTAIN STATUTES, REGULATIONS, AND TREATIES, SO AS TO MAKE


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A TECHNICAL CORRECTION; TO AMEND SECTION 36-9-316, RELATING TO THE CONTINUED PERFECTION OF A SECURITY INTEREST FOLLOWING A CHANGE IN THE GOVERNING LAW, SO AS TO PROVIDE RULES THAT APPLY TO COLLATERAL TO WHICH A SECURITY INTEREST ATTACHES WITHIN FOUR MONTHS AFTER A DEBTOR CHANGES LOCATION; TO AMEND SECTION 36-9-317, RELATING TO THE PRIORITY OF INTERESTS, SO AS REVISE THE TERMINOLOGY OF CERTAIN TYPES OF INTERESTS AND PRIORITIES; TO AMEND SECTION 36-9-326, RELATING TO THE PRIORITY OF SECURITY INTERESTS CREATED BY A NEW DEBTOR, SO AS TO CLARIFY PROVISIONS REGARDING THE PERFECTION OF A SECURITY INTEREST; TO AMEND SECTION 36-9-406, RELATING TO THE DISCHARGE OF AN ACCOUNT DEBTOR, SO AS TO CLARIFY PROVISIONS REGARDING A SALE UNDER A DISPOSITION PURSUANT TO SECTION 36-9-610, OR AN ACCEPTANCE OF COLLATERAL PURSUANT TO SECTION 36-9-620; TO AMEND SECTION 36-9-408, RELATING TO RESTRICTIONS ON ASSIGNMENT OF PROMISSORY NOTES, SO AS TO CLARIFY PROVISIONS REGARDING A SALE UNDER A DISPOSITION PURSUANT TO SECTION 36-9-610, OR AN ACCEPTANCE OF COLLATERAL PURSUANT TO SECTION 36-9-620; TO AMEND SECTION 36-9-502, RELATING TO THE CONTENTS OF A FINANCING STATEMENT AND A RECORD OF MORTGAGE AS A FINANCING STATEMENT, SO AS TO CLARIFY PROVISIONS REGARDING THE NAME OF A DEBTOR ON A RECORD OF MORTGAGE AS A FINANCING STATEMENT; TO AMEND SECTION 36-9-503, RELATING TO THE NAME OF A DEBTOR AND SECURED PARTY, SO AS TO REVISE PROVISIONS REGARDING THE PROPER NAME OF A DEBTOR ON A FINANCING STATEMENT; TO AMEND SECTION 36-9-507, RELATING TO THE EFFECT OF CERTAIN EVENTS ON THE EFFECTIVENESS OF A FINANCING STATEMENT, SO AS TO REVISE PROVISIONS REGARDING THE SUFFICIENCY OF THE DEBTOR'S NAME; TO AMEND SECTION 36-9-515, RELATING TO THE DURATION AND EFFECTIVENESS OF A FINANCING STATEMENT, SO AS TO CLARIFY THE EFFECTIVENESS OF CERTAIN INITIALLY FILED FINANCING STATEMENTS; TO AMEND SECTION 36-9-516, AS AMENDED, RELATING TO WHAT CONSTITUTES FILING AND THE EFFECTIVENESS OF


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FILING, SO AS TO CLARIFY WHEN A DEBTOR IS AN INDIVIDUAL OR AN ORGANIZATION; TO AMEND SECTION 36-9-518, AS AMENDED, RELATING TO A CLAIM CONCERNING AN INACCURATE OR WRONGFULLY FILED RECORD, SO AS TO INCLUDE PROVISIONS REGARDING THE FILING OF AN INFORMATION STATEMENT; TO AMEND SECTION 36-9-521, REGARDING THE UNIFORM FORM OF A WRITTEN FINANCING STATEMENT AND AMENDMENT, SO AS TO MAKE CONFORMING CHANGES; TO AMEND SECTION 36-9-607, RELATING TO COLLECTION AND ENFORCEMENT BY A SECURED PARTY, SO AS TO REVISE PROVISIONS REGARDING THE SECURED PARTY'S SWORN AFFIDAVIT; BY ADDING PART 8 TO CHAPTER 9, TITLE 36, SO AS TO ENTITLE PART 8 AS "TRANSITION"; AND TO MAKE CORRESPONDING CHANGES TO APPROPRIATE OFFICIAL COMMENTS AS NECESSARY TO REFLECT THE CHANGES TO CHAPTER 9, TITLE 36.

POINT OF ORDER

Rep. STAVRINAKIS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 4123--POINT OF ORDER

The following Bill was taken up:

H. 4123 (Word version) -- Rep. Howard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-175 SO AS TO PROVIDE THAT THE DEPARTMENT MAY NOT ISSUE A RETAIL DEALER LICENSE TO A BUSINESS IN RICHLAND COUNTY IF THE BUSINESS IS WITHIN FIVE MILES OF AN EXISTING BUSINESS THAT HOLDS A RETAIL DEALER LICENSE.

POINT OF ORDER

Rep. GAMBRELL made the Point of Order that the Bill was improperly before the House for consideration since its number and


Printed Page 4508 . . . . . Thursday, May 16, 2013

title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

S. 214--POINT OF ORDER

The following Bill was taken up:

S. 214 (Word version) -- Senators Fair and Ford: A BILL TO AMEND SECTION 40-30-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING THE MASSAGE/BODYWORK PRACTICE ACT, SO AS TO DELETE THE DEFINITION OF THE DISCIPLINARY PANEL; TO AMEND SECTION 40-30-40, RELATING TO THE ADVISORY PANEL FOR MASSAGE/BODYWORK THERAPY UNDER THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, SO AS TO REDESIGNATE THE ADVISORY PANEL TO BE KNOWN AS THE PANEL, TO DELETE CERTAIN QUALIFICATIONS FOR PANEL MEMBERS, TO REDUCE THE TERM OF A PANEL MEMBER TO TWO YEARS, AND TO PROVIDE COMPENSATION FOR MEMBERS; TO AMEND SECTION 40-30-50, RELATING TO DUTIES OF THE PANEL, SO AS TO PROVIDE ADDITIONAL DUTIES AND POWERS; TO AMEND SECTIONS 40-30-220, RELATING TO EQUITABLE REMEDIES AVAILABLE TO THE PANEL, 40-30-230, RELATING TO GROUNDS OF MISCONDUCT, 40-30-240, RELATING TO INVESTIGATIONS OF MISCONDUCT RELATED TO SUBSTANCE ABUSE, 40-30-250, RELATING TO DISCIPLINARY ACTIONS, 40-30-260, RELATING TO VOLUNTARY SURRENDER OF A LICENSE, 40-30-270, RELATING TO APPEALS FROM DISCIPLINARY PANEL DECISIONS, 40-30-300, RELATING TO SERVICE OF PROCESS ON NONRESIDENTS, AND 40-30-310, RELATING TO CIVIL PENALTIES, ALL SO AS TO MAKE CONFORMING CHANGES; TO AMEND SECTION 40-30-60, RELATING TO USE OF EMPLOYEES OF THE DEPARTMENT AND PROMULGATION OF REGULATIONS BY THE BOARD, SO AS TO REMOVE OBSOLETE REFERENCES; TO AMEND SECTION 40-30-90, RELATING TO REPORTING REQUIREMENTS, SO AS TO REMOVE AN OBSOLETE REFERENCE; AND TO AMEND SECTION 40-30-110, RELATING TO QUALIFICATIONS FOR LICENSURE, SO AS TO REQUIRE CLASSROOM STUDY INSTEAD OF SUPERVISED STUDY, AND TO SPECIFY


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PROFESSIONAL EXAMINATIONS CONSIDERED ACCEPTABLE FOR LICENSURE; AND TO REPEAL SECTION 40-30-65, RELATING TO THE CREATION AND STRUCTURE OF THE DISCIPLINARY PANEL, SECTION 40-30-70, RELATING TO DUTIES OF THE DISCIPLINARY PANEL, AND SECTION 40-30-210, RELATING TO PROCEDURES BEFORE THE DISCIPLINARY PANEL.

POINT OF ORDER

Rep. SKELTON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 4133--POINT OF ORDER

The following Joint Resolution was taken up:

H. 4133 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO REQUIREMENTS OF LICENSURE IN THE FIELD OF COSMETOLOGY (EDUCATIONAL REQUIREMENTS), DESIGNATED AS REGULATION DOCUMENT NUMBER 4336, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. SKELTON made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 4134--POINT OF ORDER

The following Joint Resolution was taken up:

H. 4134 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO REQUIREMENTS OF LICENSURE IN THE FIELD


Printed Page 4510 . . . . . Thursday, May 16, 2013

OF COSMETOLOGY (SANITATION AND SALONS), DESIGNATED AS REGULATION DOCUMENT NUMBER 4337, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. SKELTON made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

OBJECTION TO MOTION

Rep. MCCOY asked unanimous consent that S. 143 (Word version) be read a third time tomorrow.
Rep. DANING objected.

OBJECTION TO RECALL

Rep. ATWATER asked unanimous consent to recall H. 3228 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. SANDIFER objected.

S. 503--RECALLED AND REFERRED TO
COMMITTEE ON WAYS AND MEANS

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

S. 503 (Word version) -- Senators Thurmond, Hembree, Campsen, Cleary, Rankin and Ford: A BILL TO AMEND CHAPTER 1, TITLE 6 OF THE 1976 CODE, BY ADDING ARTICLE 6 TO ENACT THE "BEACH PRESERVATION ACT", TO ALLOW A QUALIFIED COASTAL MUNICIPALITY TO IMPOSE A FEE NOT TO EXCEED ONE PERCENT ON THE GROSS PROCEEDS DERIVED FROM THE RENTAL OR CHARGES FOR ACCOMMODATIONS FURNISHED TO TRANSIENTS SUBJECT TO THE MUNICIPALITY'S LOCAL ACCOMMODATIONS TAX, TO PROVIDE THAT THE MUNICIPALITY MAY IMPOSE THE FEE ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE MUNICIPALITY, TO PROVIDE THAT THE FEE IS IN ADDITION TO ALL OTHER


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LOCAL ACCOMMODATIONS TAXES IMPOSED AND MUST NOT BE DEEMED CUMULATIVE TO OTHER LOCAL ACCOMMODATIONS TAXES IMPOSED BY THE MUNICIPALITY, TO PROVIDE USES FOR WHICH THE FEE REVENUE MUST BE APPLIED, TO PROVIDE FOR REPORTING AND FOR REMITTANCE OF THESE FEES, AND TO PROVIDE DEFINITIONS.

OBJECTION TO RECALL

Rep. COBB-HUNTER asked unanimous consent to recall H. 3435 (Word version) from the Committee on Education and Public Works.
Rep. LOFTIS objected.

H. 3472--POINT OF ORDER

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

H. 3472 (Word version) -- Reps. Owens, Harrell, Patrick, Gambrell, Taylor, Wells, Anthony, Mitchell, Cobb-Hunter, Allison, Pitts, Daning, Wood and Southard: A BILL TO AMEND SECTION 59-40-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONVERSION OF A PRIVATE SCHOOL TO A CHARTER SCHOOL AND THE REQUIREMENT THAT THE CONVERTED PRIVATE SCHOOL NOT BE ALLOWED TO OPEN AS A CHARTER SCHOOL FOR A PERIOD OF TWELVE MONTHS, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST THE CONVERTED PRIVATE SCHOOL BEING ALLOWED TO OPEN AS A CHARTER SCHOOL FOR A PERIOD OF TWELVE MONTHS DOES NOT APPLY UNDER SPECIFIED CONDITIONS IF THE ENROLLMENT OF THE CONVERTED PRIVATE SCHOOL FOR THE MOST RECENTLY COMPLETED SCHOOL TERM BEFORE THE DATE OF THE PROPOSED CONVERSION REFLECTS THE RACIAL COMPOSITION OF THE LOCAL SCHOOL DISTRICT IN WHICH THE CONVERTED PRIVATE SCHOOL IS LOCATED.

POINT OF ORDER

Rep. OWENS made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number


Printed Page 4512 . . . . . Thursday, May 16, 2013

and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3725--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3725 (Word version) -- Reps. Putnam, Ballentine, Patrick, Huggins, H. A. Crawford, Mitchell, Allison, Barfield, Chumley, Felder, Gagnon, Henderson, Hixon, Owens, Rivers, Ryhal, Simrill, Spires, Stringer, Taylor, Willis, Wood, Sellers, Long and Erickson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SAFE ACCESS TO VITAL EPINEPHRINE (SAVE) ACT"; BY ADDING SECTION 59-63-95 SO AS TO ALLOW SCHOOL DISTRICT AND PRIVATE SCHOOL GOVERNING AUTHORITIES TO OBTAIN SUPPLIES OF EPINEPHRINE AUTO-INJECTORS FOR SCHOOLS TO USE IN CERTAIN CIRCUMSTANCES; TO AUTHORIZE CERTAIN PEOPLE TO PRESCRIBE AND DISPENSE PRESCRIPTIONS FOR EPINEPHRINE AUTO-INJECTORS; TO AUTHORIZE CERTAIN SCHOOL PERSONNEL TO PROVIDE EPINEPHRINE AUTO-INJECTORS TO STUDENTS FOR SELF-ADMINISTRATION OF THE INJECTOR; TO AUTHORIZE CERTAIN PERSONNEL TO ADMINISTER EPINEPHRINE AUTO-INJECTORS TO STUDENTS AND OTHER PEOPLE; TO PROVIDE FOR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND SCHOOL DISTRICT AND PRIVATE SCHOOL GOVERNING AUTHORITIES TO DEVELOP AND FACILITATE IMPLEMENTATION OF GUIDELINES FOR MANAGEMENT OF STUDENTS WITH LIFE-THREATENING ALLERGIES, INCLUDING FOR ADMINISTRATION AND PROVISION OF EPINEPHRINE AUTO-INJECTORS TO STUDENTS AND OTHER PEOPLE; AND TO PROVIDE FOR IMMUNITY FROM LIABILITY WITH REGARD TO USE OF EPINEPHRINE AUTO-INJECTORS BY SCHOOLS.

Rep. PATRICK explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 104; Nays 0


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Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Atwater                Bales
Barfield               Bedingfield            Bernstein
Bingham                Bowen                  Bowers
Branham                Brannon                G. A. Brown
Burns                  Chumley                Clemmons
Clyburn                Cobb-Hunter            Cole
H. A. Crawford         K. R. Crawford         Crosby
Daning                 Delleney               Dillard
Douglas                Edge                   Felder
Finlay                 Forrester              Gagnon
Gambrell               George                 Gilliard
Goldfinch              Hardee                 Hardwick
Harrell                Henderson              Herbkersman
Hiott                  Hixon                  Hodges
Hosey                  Huggins                Jefferson
Kennedy                King                   Knight
Limehouse              Loftis                 Long
Lowe                   Lucas                  Mack
McCoy                  McEachern              M. S. McLeod
W. J. McLeod           D. C. Moss             V. S. Moss
Munnerlyn              Murphy                 Neal
Newton                 Ott                    Owens
Parks                  Patrick                Pitts
Pope                   Powers Norrell         Putnam
Quinn                  Ridgeway               Riley
Rivers                 Robinson-Simpson       Ryhal
Sabb                   Sandifer               Simrill
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Southard
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Toole                  Weeks                  Wells
Whipper                White                  Whitmire
Willis                 Wood

Total--104


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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.

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:

S. 22 (Word version) -- Senators Sheheen, Massey, L. Martin, Hayes, Campsen, Nicholson, Young and Alexander: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2013" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10 OF THE 1976 CODE, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY AMENDING SECTION 1-11-10, TO DIVEST THE BUDGET AND CONTROL BOARD OF CERTAIN PROGRAMS, POWERS, DUTIES, AND RESPONSIBILITIES AND TRANSFER THOSE PROGRAMS, POWERS, DUTIES, AND RESPONSIBILITIES TO OTHER GOVERNMENT AGENCIES; BY AMENDING SECTION 1-11-20, 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 SENATE, 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 THE TRANSITION; BY ADDING ARTICLE 2 TO CHAPTER 3, TITLE 1, TO ESTABLISH THE EXECUTIVE BUDGET AND STRATEGIC PLANNING OFFICE WITHIN THE DEPARTMENT OF ADMINISTRATION, AND TO PROVIDE FOR THE POWERS, DUTIES, AND AUTHORITY OF THE OFFICE; BY ADDING CHAPTER 2 TO TITLE 2 TO PROVIDE FOR LEGISLATIVE OVERSIGHT OF EXECUTIVE DEPARTMENTS AND THE PROCESSES AND PROCEDURES TO BE FOLLOWED IN CONNECTION WITH THIS OVERSIGHT; BY ADDING CHAPTER


Printed Page 4515 . . . . . Thursday, May 16, 2013

55 TO TITLE 11 TO ESTABLISH THE STATE FISCAL ACCOUNTABILITY AUTHORITY, TO PROVIDE FOR THE MEMBERSHIP OF THE AUTHORITY, AND TO PROVIDE FOR THE POWERS, DUTIES, AND AUTHORITY TO BE EXERCISED BY THE AUTHORITY; TO AMEND CHAPTER 35, TITLE 11 BY ADDING SECTION 11-35-315 TO ESTABLISH THE PROCUREMENT OVERSIGHT BOARD, THE MEMBERSHIP ON THE BOARD, AND THE POWERS, DUTIES, AND AUTHORITY TO BE EXERCISED BY THE BOARD; TO AMEND CHAPTER 3, TITLE 2 BY ESTABLISHING THE LEGISLATIVE FISCAL OFFICE, AND TO PROVIDE FOR THE POWERS, DUTIES, AND AUTHORITY TO BE EXERCISED BY THE OFFICE, TO AMEND TITLE 2 BY ADDING CHAPTER 79 TO ENACT THE STATE AGENCY DEFICIT PREVENTION AND RECOGNITION ACT, AND TO PROVIDE FOR THE PROCESSES AND PROCEDURES TO BE FOLLOWED IN CONNECTION WITH AGENCY DEFICIT PREVENTION AND RECOGNITION; TO AMEND CHAPTER 17, TITLE 60 TO ESTABLISH THE CONFEDERATE RELIC ROOM AND MILITARY MUSEUM COMMISSION, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMISSION AND THE POWERS, DUTIES, AND AUTHORITY TO BE EXERCISED BY THE COMMISSION; TO AMEND TITLE 2 BY ADDING A CHAPTER 9 TO ESTABLISH THE JOINT STRATEGIC TECHNOLOGY COMMITTEE, TO PROVIDE FOR THE MEMBERS ON THE COMMITTEE AND THE POWERS, DUTIES, AND AUTHORITY TO BE EXERCISED BY THE COMMITTEE; TO ESTABLISH THE CHARLESTON NAVY BASE MUSEUM AUTHORITY, TO PROVIDE THAT THE AUTHORITY MAY EXERCISE ALL POWERS AND AUTHORITY GRANTED TO THE HUNLEY COMMISSION BY SPECIFIC STATUTORY AUTHORITY REFERENCED IN SECTIONS 54-7-100 AND 54-7-110; BY ADDING SECTION 1-11-185, TO PROVIDE FOR APPROVALS FOR PERMANENT IMPROVEMENT PROJECTS; BY ADDING SECTION 11-31-5, TO PROVIDE THAT STATE BOARD MEANS THE GOVERNING BODY OF THE STATE FISCAL AFFAIRS AUTHORITY; BY ADDING SECTION 11-50-65, TO PROVIDE THAT THE STATE FISCAL AFFAIRS AUTHORITY MUST PROVIDE ADMINISTRATIVE SUPPORT TO THE RURAL INFRASTRUCTURE AUTHORITY; TO AMEND SECTIONS 1-11-20, 1-11-25, 1-11-26, 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, 1-11-140, 1-11-180, 1-


Printed Page 4516 . . . . . Thursday, May 16, 2013

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, 1-11-315, 1-11-320, 1-11-335, 1-11-340, 1-11-435, 1-11-440, 1-15-10, CHAPTER 47, TITLE 2, 2-7-72, 2-7-73, 2-7-74, 2-7-76, 2-13-240, 2-15-50, 2-59-10, CHAPTER 9, TITLE 3; 10-1-10, 10-1-30, 10-1-130, 10-1-190, CHAPTER 9, TITLE 10, 10-11-50, 10-11-90, 10-11-110, 10-11-140, 10-11-330, 11-9-610, 11-9-620, 11-9-630, 11-9-665, 11-9-670, 11-9-680, 11-9-820, 11-9-825, 11-9-830, 11-9-880, 11-9-890, 11-18-20, 11-27-10, 11-35-310, 11-35-3820, 11-35-3840, 11-35-5270, 11-37-30, 11-37-200, 11-38-20, 11-40-20, 11-40-250, 11-41-70, 11-41-80, 11-41-90, 11-41-100, 11-42-30, 11-42-40, 11-42-60, 11-43-510, 11-45-30, 11-45-55, 11-45-105, 11-49-40, 11-50-50, 11-49-100, 11-51-30, 11-51-125, 11-51-190, 11-53-20, 13-7-10, 13-7-30, 13-7-810, 13-7-830, 13-7-860, 15-78-140, 16-3-1620, 16-3-1680, 25-11-10, 25-11-80, 25-11-90, 25-11-310, 44-38-380, 44-53-530, 44-96-140, 48-46-30, 48-46-40, 48-46-50, 48-46-60, 48-46-90, 48-52-410, 48-52-440, 48-52-460, 48-52-635, 48-52-680, 59-109-30, 59-109-40, 59-115-20, 59-115-40, 63-11-500, 63-11-700, 63-11-730, 63-11-1110, 63-11-1140, 63-11-1310, 63-11-1340, 63-11-1360, AND 63-11-1510 RELATING TO VARIOUS AGENCY OR DEPARTMENT PROVISIONS SO AS TO CONFORM THEM TO THE ABOVE PROVISIONS PERTAINING TO THE DEPARTMENT OF ADMINISTRATION, STATE FISCAL ACCOUNTABILITY AUTHORITY, AND OTHER STATE AGENCIES, AND TO SUPPLEMENT SUCH PROVISIONS; AND TO REPEAL SECTIONS 1-30-110, 1-11-22, AND 11-11-90.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate:

H. 3013 (Word version) -- Reps. Clyburn, M. S. McLeod, Jefferson, Williams, Hosey and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-25-110 SO AS TO REQUIRE REGIONAL TRANSPORTATION AUTHORITIES TO DEVELOP AND IMPLEMENT PROGRAMS WITHIN THEIR SERVICE AREAS THAT MAKE PUBLIC TRANSPORTATION AVAILABLE AT NO CHARGE FOR CERTAIN QUALIFYING VETERANS.

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


Printed Page 4517 . . . . . Thursday, May 16, 2013

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4114 (Word version) -- Reps. Clemmons, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, 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, 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 HONOR JOHN WALSH, DEPUTY SECRETARY FOR ENGINEERING FOR THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, UPON THE OCCASION OF HIS RETIREMENT AFTER MORE THAN TWENTY YEARS OF OUTSTANDING SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

H. 4120 (Word version) -- Reps. Felder, Munnerlyn, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, 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, Murphy, Nanney, Neal,


Printed Page 4518 . . . . . Thursday, May 16, 2013

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 HONOR MIKE EDWARDS, SENIOR VICE PRESIDENT OF PULP AND PAPER MANUFACTURING FOR DOMTAR, UPON THE OCCASION OF HIS RETIREMENT AFTER A REMARKABLE FIFTY YEARS OF OUTSTANDING SERVICE IN THE PULP AND PAPER INDUSTRY, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

H. 4121 (Word version) -- Reps. Hardee and Barfield: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE CONWAY CHRISTIAN SCHOOL BASEBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON, AND TO CONGRATULATE THEM FOR WINNING THE SOUTH CAROLINA ASSOCIATION OF CHRISTIAN SCHOOLS CLASS AA STATE CHAMPIONSHIP TITLE.

H. 4129 (Word version) -- Rep. Limehouse: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXPRESS APPRECIATION TO THE SOUTH CAROLINA INSTITUTE OF ARCHAEOLOGY AND ANTHROPOLOGY FOR OUTSTANDING CONTRIBUTIONS TO THE PRESERVATION OF THE STATE'S HISTORIC AND PREHISTORIC PAST ON THE OCCASION OF ITS SIXTIETH ANNIVERSARY.

ADJOURNMENT

At 11:35 a.m. the House, in accordance with the motion of Rep. ANDERSON, adjourned in memory of Peggy Tomlinson McGill, mother of Senator Yancey McGill, to meet at 10:00 a.m. tomorrow.

***

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