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


Printed Page 4705 . . . . . Tuesday, May 28, 2013

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from 1 Corinthians 2:12: "Now we have received not the spirit of the world, but the Spirit that is from God, so that we may understand the gifts bestowed on us by God."
Let us pray. Heavenly Father, come to these Representatives and staff, and fill them with love, bringing them ever closer to You. Help them to understand the gifts given to them and how to use them for the good of others. May they practice the faith You have given them to be of service to those whom they serve. Grant each of them the wisdom to know what needs to be done, so they can be the servants of the people. Grant Your blessings on our Nation, President, State, Governor, Speaker, staff, and all of our leaders. 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. STAVRINAKIS moved that when the House adjourns, it adjourn in memory of Harper Drolet of Charleston, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the family of Representative McCoy whose young daughter is having eye surgery today.


Printed Page 4706 . . . . . Tuesday, May 28, 2013

HOUSE RESOLUTION

The following was introduced:

H. 4229 (Word version) -- Reps. Tallon, 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, 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, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO HONOR SYLVESTER DAUGHTRY, JR., EXECUTIVE DIRECTOR OF THE COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES, INC., FOR HIS MANY YEARS OF DEDICATED SERVICE AND LEADERSHIP TO THE PUBLIC SAFETY COMMUNITY, BOTH LOCAL AND INTERNATIONAL, TO CONGRATULATE HIM ON THE OCCASION OF HIS RETIREMENT, AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4232 (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,


Printed Page 4707 . . . . . Tuesday, May 28, 2013

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 RECOGNIZE AND HONOR COLONIAL TRUST COMPANY FOR THE VALUABLE SERVICE IT PROVIDES IN OUR STATE AND TO CONGRATULATE THE COMPANY UPON THE CELEBRATION OF ITS ONE HUNDREDTH ANNIVERSARY.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4233 (Word version) -- Reps. Bowers, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, 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, 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,


Printed Page 4708 . . . . . Tuesday, May 28, 2013

Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO RECOGNIZE JAMES RISHER, MAYOR OF THE TOWN OF GIFFORD FOR THIRTY-SEVEN YEARS, TO HONOR HIS DEVOTION TO HIS COMMUNITY AND THE PALMETTO STATE, AND TO EXPRESS APPRECIATION FOR HIS SIGNIFICANT LEADERSHIP IN PROMOTING THE SIXTH OF JUNE FESTIVAL.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4234 (Word version) -- Rep. Hodges: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR DR. KATE CLIFFORD LARSON FOR HER SCHOLARLY AND INSIGHTFUL OPUS ON THE LIFE, WORK, AND COMPLEXITY OF HARRIET TUBMAN, AN UNSUNG GIANT OF AMERICAN HISTORY AND TO WELCOME HER AS SHE SPEAKS AT TABERNACLE BAPTIST CHURCH ON THE ONE HUNDRED FIFTIETH COMMEMORATION OF THE COMBAHEE RIVER RAID.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4230 (Word version) -- Reps. Rutherford, Bales, Ballentine, Bernstein, Douglas, Finlay, Hart, Howard, McEachern, Neal, J. E. Smith, Alexander, Allison, Anderson, Anthony, Atwater, Bannister, Barfield, Bedingfield, 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, Edge, Erickson, Felder, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, 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, Ridgeway, Riley, Rivers,


Printed Page 4709 . . . . . Tuesday, May 28, 2013

Robinson-Simpson, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. 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 THE WAVERLY HISTORIC DISTRICT OF RICHLAND COUNTY AND CONGRATULATE ITS ASSOCIATION, RESIDENTS, AND EXTENDED COMMUNITY UPON THE OCCASION OF ITS CENTENNIAL ANNIVERSARY IN 2013 AND TO COMMEND THEM FOR THEIR DEDICATION TO THE PRESERVATION OF WAVERLY'S BUILDINGS AND HISTORY.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 733 (Word version) -- Senators Cromer, Courson, Shealy, Setzler and Massey: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE STUDENTS, ADMINISTRATORS, FACULTY, STAFF, AND PARENTS OF LAKE MURRAY ELEMENTARY SCHOOL OF LEXINGTON COUNTY FOR THEIR OUTSTANDING WORK AND TO CONGRATULATE THEM FOR BEING SELECTED AS A LIGHTHOUSE SCHOOL.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 734 (Word version) -- Senators Cromer, Courson, Shealy, Setzler and Massey: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE STUDENTS, ADMINISTRATORS, FACULTY, STAFF, AND PARENTS OF SAXE GOTHA ELEMENTARY SCHOOL OF LEXINGTON COUNTY FOR THEIR OUTSTANDING WORK AND


Printed Page 4710 . . . . . Tuesday, May 28, 2013

TO CONGRATULATE THEM FOR BEING SELECTED AS A LIGHTHOUSE SCHOOL.

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

INTRODUCTION OF BILLS

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

H. 4231 (Word version) -- Rep. Nanney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-5-25 SO AS TO PROVIDE UNIFORM STANDARDS FOR FORMATTING DOCUMENTS SUBMITTED TO A CLERK OF COURT OR REGISTER OF DEEDS FOR RECORDING, TO PROVIDE A SIX-MONTH GRACE PERIOD, TO PROVIDE THAT AFTER THE GRACE PERIOD A NONCONFORMING DOCUMENT MUST BE ACCEPTED FOR RECORDING WITH THE IMPOSITION OF A NONREFUNDABLE FINE TO BE DEPOSITED IN THE COUNTY GENERAL FUND OR MUST BE REFUSED FOR RECORDING, AND TO PROVIDE AN EXEMPTION FOR DOCUMENTS FILED ELECTRONICALLY PURSUANT TO THE UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT.
Referred to Committee on Judiciary

S. 707 (Word version) -- Senator Lourie: A BILL TO PROVIDE FOR THE AUTHORITY OF THE CITY OF COLUMBIA TO APPOINT AND COMMISSION FIREFIGHTERS TO SERVE AS CERTIFIED LAW ENFORCEMENT OFFICERS WHO HAVE THE FULL POWERS AS CERTIFIED LAW ENFORCEMENT OFFICERS AND TO REQUIRE FIREFIGHTERS TO MEET CERTAIN QUALIFICATIONS TO BE COMMISSIONED AS A CERTIFIED LAW ENFORCEMENT OFFICER.
Referred to Committee on Education and Public Works

ROLL CALL

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

Alexander              Allison                Anthony
Atwater                Bales                  Barfield


Printed Page 4711 . . . . . Tuesday, May 28, 2013

Bedingfield            Bernstein              Bingham
Bowen                  Bowers                 Branham
R. L. Brown            Burns                  Chumley
Clemmons               Cobb-Hunter            Cole
H. A. Crawford         K. R. Crawford         Crosby
Daning                 Delleney               Dillard
Douglas                Erickson               Felder
Finlay                 Forrester              Funderburk
Gagnon                 Gambrell               George
Gilliard               Goldfinch              Govan
Hamilton               Hardee                 Hardwick
Harrell                Hayes                  Henderson
Herbkersman            Hiott                  Hixon
Horne                  Howard                 Huggins
Jefferson              Kennedy                King
Limehouse              Loftis                 Long
Lowe                   Lucas                  Mack
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
Simrill                Skelton                G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Sottile                Southard               Spires
Stavrinakis            Stringer               Tallon
Taylor                 Toole                  Vick
Weeks                  Wells                  White
Whitmire               Willis                 Wood

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, May 28.

Kevin F. Hodges                   William Clyburn
Grady Brown                       Douglas "Doug" Brannon
Bakari Sellers                    Bruce W. Bannister


Printed Page 4712 . . . . . Tuesday, May 28, 2013

Lonnie Hosey                      Chris Hart
Patsy Knight
Carl Anderson   Tracy Edge
Robert Williams

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. THAYER a leave of absence for the day due to the death of a family friend.

LEAVE OF ABSENCE

The SPEAKER granted Rep. BALLENTINE a leave of absence for the day due to a family commitment.

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. Christina Andrew of Florence was the Doctor of the Day for the General Assembly.

CO-SPONSORS REMOVED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."


Printed Page 4713 . . . . . Tuesday, May 28, 2013

CO-SPONSORS REMOVED

Bill Number:   H. 4095 (Word version)
Date:   REMOVE:
05/28/13   ATWATER and SANDIFER

H. 3983--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3983 (Word version) -- Reps. Sellers, G. M. Smith and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 29 TO CHAPTER 7, TITLE 44 SO AS TO PROVIDE RURAL COUNTIES WITH ACCESS TO FREE EMERGENCY HOSPITAL CARE AND ALLOW RELICENSURE OF CLOSED RURAL HOSPITALS AS FREESTANDING EMERGENCY HEALTH CARE FACILITIES UNDER CERTAIN CIRCUMSTANCES.

Reps. HIOTT, SKELTON, PITTS, GAMBRELL, OWENS, TOOLE and FORRESTER requested debate on the Bill.

SPEAKER PRO TEMPORE IN CHAIR

S. 530--ORDERED TO THIRD READING

The following Bill was taken up:

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 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.

The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to S. 530 (COUNCIL\AGM\530C001. AGM.AB13), which was tabled:


Printed Page 4714 . . . . . Tuesday, May 28, 2013

Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION   1.   Section 38-71-1730(A) of the 1976 Code is amended to read:

"(A)   For purposes of health plans offered pursuant to this section:

(1)   An employer who employs more than fifty eligible employees and who offers to employees major medical, hospitalization, and surgical health insurance coverage only under a closed panel health plan, also shall offer to employees at the time of their eligibility as major medical, hospitalization, and surgical health insurance coverage a point-of-service option. An employee of an employer offering only a closed panel health plan has the right to choose whether to remain in the closed panel health plan or to choose a point-of-service option.

(2)   An employer may require an employee who chooses a point-of-service option to be responsible for payment of premiums, deductibles, copayments, or other payments in excess of the benefits provided by the closed panel health plan.

(32)   Differences between coinsurance percentages for in-network and out-of-network covered health care services or supplies in a point-of-service option may not exceed a maximum differential of twenty thirty percent. The coinsurance percentage for in-network and out-of-network covered health care services or supplies provided by dentists may not exceed a maximum difference of five percent.

(43)   An employee, a spouse, or a dependent receiving treatment for an illness covered under a closed panel health plan may continue to receive services from a provider who elects to discontinue participation as a closed panel plan provider, subject to the terms of the contract between the provider and the health plan. This right of continuation is limited to a period of ninety days or the anniversary date of the plan, whichever occurs first.

(54)   A point-of-service option or closed panel health plan offered pursuant to this article may not discriminate against a physician, a podiatrist, an optometrist, an oral surgeon, a physical therapist, an occupational therapist, or a chiropractor by excluding the provider from participating in the plan on the basis of the profession. A health care plan may not exclude these providers from providing health care services which they are licensed to provide and which are covered by the plan and as determined by medical necessity under utilization review guidelines. Nothing in this section interferes in any way with the medical decision of the primary health care provider to use or not use any health care professional on a case-by-case basis.


Printed Page 4715 . . . . . Tuesday, May 28, 2013

(65)   A pharmacist may provide professional services under the pharmacist's scope of practice so long as the services are provided pursuant to a prescription written by a medical doctor or dentist with whom the patient has an established physician-patient relationship. Nothing in this subsection requires a managed care plan to provide reimbursement to a pharmacist. An advanced practice nurse functioning as authorized by the State Board of Nursing Regulation 91-6 may provide professional services under the advanced practice nurse's scope of practice so long as the services provided are pursuant to protocols by a medical doctor with whom the patient has an established physician-patient relationship. A point-of-service option offered pursuant to this section may not discriminate against an advanced practice nurse. Nothing in this subsection requires a managed care plan to provide reimbursement to an advanced practice nurse.

(76)   Nothing contained in this article affects in any way a plan exempted by the federal Employee Retirement Income Security Act of 1974 or any South Carolina law in existence before January 1, 1999, and state employee health insurance programs or any political subdivision self-funded health insurance program; and this article does not affect the right of an employer to specify plan design or affect the right of a plan to credential or re-credential a provider. Nothing contained in this article affects accident-only, blanket accident and sickness, specified disease, credit, Medicare supplement, long-term care, or disability income insurance, coverage issued as a supplement to liability or other insurance coverage designed solely to provide payments on a per diem, fixed-indemnity, or nonexpense incurred basis, coverage for Medicare or Medicaid services pursuant to a contract with state or federal government, worker's compensation or similar insurance, or automobile medical payment insurance."
SECTION   2.   This act takes effect forty-five days after approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. K. R. CRAWFORD moved to table the amendment, which was agreed to.

Rep. K. R. CRAWFORD explained the Bill.

The question then recurred to the passage of the Bill.


Printed Page 4716 . . . . . Tuesday, May 28, 2013

The yeas and nays were taken resulting as follows:

Yeas 93; Nays 8

Those who voted in the affirmative are:

Allison                Anthony                Atwater
Bales                  Bannister              Barfield
Bedingfield            Bernstein              Bingham
Bowen                  Bowers                 Branham
Brannon                G. A. Brown            R. L. Brown
Burns                  Chumley                Clemmons
Cole                   H. A. Crawford         K. R. Crawford
Crosby                 Daning                 Delleney
Douglas                Erickson               Felder
Finlay                 Forrester              Funderburk
Gagnon                 Gambrell               George
Goldfinch              Hamilton               Hardee
Hardwick               Harrell                Hayes
Henderson              Herbkersman            Hiott
Hixon                  Hodges                 Horne
Huggins                Kennedy                Limehouse
Loftis                 Long                   Lowe
Lucas                  Mack                   McEachern
M. S. McLeod           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                 Ryhal                  Sandifer
Sellers                Simrill                Skelton
G. R. Smith            J. R. Smith            Sottile
Southard               Spires                 Stavrinakis
Stringer               Tallon                 Toole
Vick                   Weeks                  Wells
White                  Whitmire               Willis

Total--93


Printed Page 4717 . . . . . Tuesday, May 28, 2013

Those who voted in the negative are:

Dillard                Gilliard               King
Mitchell               Neal                   Rutherford
Sabb                   Williams

Total--8

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

S. 620--ORDERED TO THIRD READING

The following Bill was taken up:

S. 620 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 56-3-2335 OF THE 1976 CODE, RELATING TO RESEARCH AND DEVELOPMENT LICENSE PLATES, SO AS TO INCLUDE THE MANUFACTURE AND RESEARCH AND DEVELOPMENT OF TRANSMISSIONS IN THIS STATE IN THE DEFINITION OF "RESEARCH AND DEVELOPMENT BUSINESS", TO DEFINE THE TERM "TRANSMISSIONS", TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE RESEARCH AND DEVELOPMENT LICENSE PLATES FOR THE PURPOSE OF TESTING AND EVALUATING THE PERFORMANCE OF THE RESEARCH AND DEVELOPMENT BUSINESS' TRANSMISSIONS ON THE MOTOR VEHICLE, AND THE DEPARTMENT MAY ENTER INTO RECIPROCAL AGREEMENTS WITH OTHER STATES CONCERNING THE REGISTRATION AND OPERATION OF VEHICLES OWNED BY A RESEARCH AND DEVELOPMENT BUSINESS FOR THE PURPOSE OF TESTING AND EVALUATING THE PERFORMANCE OF THE RESEARCH AND DEVELOPMENT BUSINESS' TRANSMISSIONS, TO PROVIDE IT IS THE SOLE RESPONSIBILITY OF THE RESEARCH AND DEVELOPMENT BUSINESS OR CONTRACTED FLEET OWNER TO TAKE ANY OTHER ACTIONS REQUIRED BY ANOTHER STATE THAT ARE NECESSARY FOR THE RESEARCH AND DEVELOPMENT BUSINESS OR CONTRACTED FLEET OWNER, AND TO LEGALLY TEST AND EVALUATE THE PERFORMANCE OF THE RESEARCH AND DEVELOPMENT BUSINESS' TRANSMISSIONS IN THAT STATE.

Rep. WILLIS explained the Bill.


Printed Page 4718 . . . . . Tuesday, May 28, 2013

The yeas and nays were taken resulting as follows:

Yeas 106; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anthony
Atwater                Bales                  Bannister
Barfield               Bedingfield            Bernstein
Bingham                Bowen                  Bowers
Branham                Brannon                G. A. Brown
R. L. Brown            Burns                  Chumley
Clemmons               Clyburn                Cole
H. A. Crawford         K. R. Crawford         Daning
Delleney               Dillard                Douglas
Erickson               Felder                 Finlay
Forrester              Funderburk             Gagnon
Gambrell               George                 Gilliard
Goldfinch              Govan                  Hamilton
Hardee                 Hardwick               Harrell
Hayes                  Henderson              Herbkersman
Hiott                  Hixon                  Hodges
Horne                  Huggins                Jefferson
King                   Limehouse              Loftis
Long                   Lowe                   Lucas
Mack                   McEachern              M. S. McLeod
W. J. McLeod           Mitchell               D. C. Moss
V. S. Moss             Munnerlyn              Murphy
Neal                   Newton                 Norman
Ott                    Owens                  Parks
Patrick                Pitts                  Pope
Powers Norrell         Putnam                 Quinn
Ridgeway               Riley                  Rivers
Robinson-Simpson       Rutherford             Ryhal
Sabb                   Sandifer               Simrill
Skelton                G. R. Smith            J. R. Smith
Sottile                Southard               Spires
Stavrinakis            Stringer               Tallon
Taylor                 Toole                  Vick
Weeks                  Wells                  White


Printed Page 4719 . . . . . Tuesday, May 28, 2013

Whitmire               Williams               Willis
Wood

Total--106

Those who voted in the negative are:

Total--0

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

H. 4009--REJECTED

The following Joint Resolution was taken up:

H. 4009 (Word version) -- Reps. Jefferson, Southard, Vick, Williams and Gagnon: A JOINT RESOLUTION TO CREATE THE "FREE HEALTH CARE STUDY COMMITTEE" TO STUDY THE EXTENT TO WHICH MEDICAL PROFESSIONALS VOLUNTEER AT FREE MEDICAL CLINICS AND THE VARIETY AND EXTENT OF MEDICAL SERVICES PROVIDED BY MEDICAL PROFESSIONALS, TO PROVIDE FOR MEMBERSHIP OF THE STUDY COMMITTEE AND THE METHOD OF APPOINTMENT OF MEMBERS, TO SET FORTH THE DUTIES OF THE STUDY COMMITTEE, TO REQUIRE THE STUDY COMMITTEE TO PREPARE A REPORT WITH FINDINGS AND RECOMMENDATIONS FOR THE GOVERNOR, GENERAL ASSEMBLY, AND DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND TO INCLUDE A SUNSET PROVISION FOR THE STUDY COMMITTEE.

Rep. JEFFERSON explained the Joint Resolution.

The yeas and nays were taken resulting as follows:

Yeas 47; Nays 61

Those who voted in the affirmative are:

Alexander              Anthony                Bales
Bernstein              Bowers                 Branham
G. A. Brown            R. L. Brown            Burns
Clyburn                Cobb-Hunter            Crosby
Daning                 Dillard                Douglas
Funderburk             Gagnon                 George


Printed Page 4720 . . . . . Tuesday, May 28, 2013

Gilliard               Hayes                  Hodges
Howard                 Jefferson              Kennedy
King                   Mack                   McEachern
M. S. McLeod           W. J. McLeod           Mitchell
V. S. Moss             Munnerlyn              Neal
Ott                    Parks                  Pitts
Powers Norrell         Ridgeway               Robinson-Simpson
Sabb                   Sellers                Southard
Spires                 Stavrinakis            Vick
Weeks                  Williams

Total--47

Those who voted in the negative are:

Allison                Atwater                Bannister
Barfield               Bedingfield            Bingham
Bowen                  Brannon                Chumley
Clemmons               Cole                   H. A. Crawford
Delleney               Erickson               Finlay
Forrester              Gambrell               Goldfinch
Hamilton               Hardee                 Hardwick
Harrell                Henderson              Herbkersman
Hiott                  Hixon                  Horne
Huggins                Limehouse              Loftis
Long                   Lowe                   Lucas
D. C. Moss             Murphy                 Newton
Norman                 Owens                  Patrick
Pope                   Putnam                 Quinn
Riley                  Rivers                 Rutherford
Ryhal                  Sandifer               Simrill
Skelton                G. R. Smith            J. R. Smith
Sottile                Stringer               Tallon
Taylor                 Toole                  Wells
White                  Whitmire               Willis
Wood

Total--61

The Joint Resolution was then rejected.


Printed Page 4721 . . . . . Tuesday, May 28, 2013

S. 117--ORDERED TO THIRD READING

The following Bill was taken up:

S. 117 (Word version) -- Senators Hayes, Courson, O'Dell, Verdin and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-66-75 SO AS TO REQUIRE A HEALTH CARE PROVIDER TO GIVE A PATIENT AN OPPORTUNITY TO ALLOW DISCLOSURE OF CERTAIN INFORMATION TO DESIGNATED FAMILY MEMBERS AND OTHER INDIVIDUALS AND TO AUTHORIZE THE INVOLVEMENT OF THESE FAMILY MEMBERS AND OTHER INDIVIDUALS IN THE TREATMENT OF THE PATIENT; TO SPECIFY THE CONTENTS OF THE AUTHORIZATION; AND TO PROVIDE CIVIL AND CRIMINAL IMMUNITY FOR GOOD FAITH DISCLOSURE OF INFORMATION; AND TO AMEND SECTION 44-66-20, AS AMENDED, RELATING TO DEFINITIONS IN THE ADULT HEALTH CARE CONSENT ACT, SO AS TO DEFINE "PATIENT" AND "TREATMENT" AND TO AMEND OTHER DEFINITIONS.

Rep. RYHAL explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 76; Nays 32

Those who voted in the affirmative are:

Alexander              Anthony                Bales
Bannister              Bernstein              Bowen
Bowers                 Branham                Brannon
R. L. Brown            Burns                  Chumley
Clemmons               Clyburn                Crosby
Daning                 Delleney               Douglas
Erickson               Felder                 Finlay
Funderburk             Gambrell               George
Gilliard               Govan                  Hardee
Hardwick               Hayes                  Herbkersman
Hiott                  Hixon                  Hodges
Howard                 Huggins                Jefferson
Kennedy                Long                   Mack
M. S. McLeod           W. J. McLeod           V. S. Moss
Munnerlyn              Newton                 Norman


Printed Page 4722 . . . . . Tuesday, May 28, 2013

Owens                  Parks                  Patrick
Pitts                  Pope                   Powers Norrell
Ridgeway               Riley                  Rivers
Robinson-Simpson       Rutherford             Ryhal
Sabb                   Sandifer               Sellers
Simrill                Skelton                J. E. Smith
J. R. Smith            Sottile                Southard
Spires                 Stavrinakis            Stringer
Taylor                 Vick                   Weeks
Wells                  Whitmire               Williams
Wood

Total--76

Those who voted in the negative are:

Allison                Atwater                Bedingfield
Bingham                G. A. Brown            Cole
H. A. Crawford         K. R. Crawford         Dillard
Forrester              Gagnon                 Goldfinch
Hamilton               Henderson              Horne
King                   Limehouse              Loftis
Lowe                   McEachern              Mitchell
D. C. Moss             Murphy                 Neal
Ott                    Putnam                 Quinn
G. R. Smith            Tallon                 Toole
White                  Willis

Total--32

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

S. 127--DEBATE ADJOURNED

Rep. M. S. MCLEOD moved to adjourn debate upon the following Bill until Wednesday, May 29, which was adopted:

S. 127 (Word version) -- Senators Alexander and Ford: A BILL TO AMEND ARTICLE 6, CHAPTER 38, TITLE 44 OF THE 1976 CODE, RELATING TO HEAD AND SPINAL CORD INJURIES, BY ADDING ARTICLE 6 TO CREATE THE SOUTH CAROLINA BRAIN INJURY LEADERSHIP COUNCIL, TO PROVIDE FOR THE RESPONSIBILITIES AND DUTIES OF THE COUNCIL, TO


Printed Page 4723 . . . . . Tuesday, May 28, 2013

PROVIDE FOR THE COMPOSITION AND APPOINTMENT OF THE COUNCIL, AND TO PROVIDE FOR THE POWERS AND AUTHORITY OF THE COUNCIL.

S. 341--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 341 (Word version) -- Senators Alexander, Reese, Fair, Lourie, Cromer, L. Martin, Campbell, Shealy and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "EMERSON ROSE ACT" BY ADDING SECTION 44-37-70 SO AS TO REQUIRE EACH BIRTHING FACILITY LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PERFORM A PULSE OXIMETRY SCREENING ON EVERY NEWBORN IN ITS CARE, WHEN THE BABY IS TWENTY-FOUR TO FORTY-EIGHT HOURS OF AGE, OR AS LATE AS POSSIBLE IF THE BABY IS DISCHARGED FROM THE HOSPITAL BEFORE REACHING TWENTY-FOUR HOURS OF AGE.

Rep. RIDGEWAY proposed the following Amendment No. 1 to S. 341 (COUNCIL\GGS\341C001.GGS.VR13), which was adopted:
Amend the bill, as and if amended, by deleting Section 44-37-70(A) and (B), as contained in Section 3, page 2, and inserting:
/   (A)   The Department of Health and Environmental Control shall require each birthing facility licensed by the department to perform on every newborn in its care a pulse oximetry or other department-approved screening to detect critical congenital heart defects when the baby is twenty-four to forty-eight hours of age, or as late as possible if the baby is discharged from the hospital before reaching twenty-four hours of age.

(B)   The Department of Health and Human Services shall work with birthing facilities through its partnership with the Birth Outcomes Initiative to recommend policies for critical congenital heart defect screening. The Department of Health and Human Services shall provide reimbursement for services provided pursuant to this section./
Renumber sections to conform.
Amend title to conform.

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


Printed Page 4724 . . . . . Tuesday, May 28, 2013

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 104; Nays 7

Those who voted in the affirmative are:

Alexander              Allison                Anthony
Atwater                Bales                  Bannister
Barfield               Bernstein              Bingham
Bowen                  Bowers                 Branham
G. A. Brown            R. L. Brown            Burns
Clemmons               Clyburn                Cobb-Hunter
Cole                   H. A. Crawford         K. R. Crawford
Crosby                 Daning                 Delleney
Dillard                Douglas                Erickson
Felder                 Finlay                 Forrester
Funderburk             Gagnon                 Gambrell
George                 Gilliard               Goldfinch
Govan                  Hamilton               Hardee
Hardwick               Harrell                Hayes
Henderson              Hiott                  Hixon
Hodges                 Horne                  Howard
Huggins                Jefferson              Kennedy
King                   Limehouse              Loftis
Long                   Lowe                   Lucas
Mack                   McEachern              M. S. McLeod
W. J. McLeod           Merrill                Mitchell
V. S. Moss             Munnerlyn              Murphy
Neal                   Newton                 Norman
Owens                  Parks                  Patrick
Pope                   Powers Norrell         Putnam
Quinn                  Ridgeway               Riley
Rivers                 Robinson-Simpson       Ryhal
Sabb                   Sandifer               Sellers
Simrill                Skelton                G. M. Smith
J. E. Smith            J. R. Smith            Sottile
Southard               Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Toole                  Vick                   Weeks


Printed Page 4725 . . . . . Tuesday, May 28, 2013

Wells                  White                  Whitmire
Williams               Wood

Total--104

Those who voted in the negative are:

Bedingfield            Brannon                Chumley
D. C. Moss             Pitts                  G. R. Smith
Willis

Total--7

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

H. 4202--ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 4202 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO NURSE LICENSURE COMPACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 4342, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PARKS explained the Joint Resolution.

The yeas and nays were taken resulting as follows:

Yeas 103; Nays 0

Those who voted in the affirmative are:

Allison                Anthony                Atwater
Bales                  Bannister              Barfield
Bernstein              Bingham                Bowen
Bowers                 Branham                Brannon
G. A. Brown            R. L. Brown            Burns
Clemmons               Clyburn                Cobb-Hunter
Cole                   H. A. Crawford         K. R. Crawford
Crosby                 Daning                 Delleney
Dillard                Douglas                Erickson


Printed Page 4726 . . . . . Tuesday, May 28, 2013

Felder                 Finlay                 Forrester
Funderburk             Gagnon                 Gambrell
George                 Gilliard               Goldfinch
Hardee                 Hardwick               Harrell
Hart                   Hayes                  Henderson
Herbkersman            Hiott                  Hixon
Hodges                 Horne                  Howard
Huggins                Jefferson              Kennedy
King                   Limehouse              Loftis
Long                   Lowe                   Lucas
Mack                   McEachern              M. S. McLeod
W. J. McLeod           Mitchell               D. C. Moss
V. S. Moss             Munnerlyn              Murphy
Neal                   Newton                 Norman
Owens                  Parks                  Patrick
Pitts                  Pope                   Powers Norrell
Putnam                 Ridgeway               Riley
Rivers                 Robinson-Simpson       Rutherford
Ryhal                  Sabb                   Sellers
Simrill                Skelton                G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Southard               Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Toole                  Vick                   Weeks
Wells                  Whitmire               Williams
Willis

Total--103

Those who voted in the negative are:

Total--0

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

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on H. 4202. If I had been present, I would have voted in favor of the Joint Resolution.

Rep. Donna Wood


Printed Page 4727 . . . . . Tuesday, May 28, 2013

H. 4203--DEBATE ADJOURNED

The following Joint Resolution was taken up:

H. 4203 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO ADMINISTRATIVE CITATIONS AND PENALTIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4335, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. SPIRES explained the Joint Resolution.

Rep. TALLON moved to adjourn debate on the Joint Resolution until Wednesday, May 29, which was agreed to.

H. 4205--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4205 (Word version) -- Reps. Munnerlyn and Hayes: A BILL TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF MARLBORO COUNTY, SO AS TO PROVIDE THE COUNTY SCHOOL BOARD MAY DETERMINE SALARIES AND ALLOWANCES OF BOARD MEMBERS AND APPROVE LOCAL TAX FUNDS NEEDED FOR THESE SALARIES AND ALLOWANCES, AND TO DELETE PROVISIONS REQUIRING THE BOARD MEMBERS TO RECEIVE A PER DIEM AND THE CHAIRMAN TO RECEIVE ADDITIONAL COMPENSATION.

Rep. MUNNERLYN explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 88; Nays 1

Those who voted in the affirmative are:

Alexander              Allison                Anthony
Bales                  Bannister              Barfield
Bernstein              Bingham                Bowen
Bowers                 Branham                Brannon
G. A. Brown            R. L. Brown            Burns
Chumley                Clyburn                Cole


Printed Page 4728 . . . . . Tuesday, May 28, 2013

Crosby                 Daning                 Delleney
Dillard                Douglas                Erickson
Felder                 Finlay                 Forrester
Funderburk             Gagnon                 George
Govan                  Hamilton               Hardee
Hardwick               Harrell                Hart
Henderson              Herbkersman            Hiott
Hixon                  Horne                  Huggins
Kennedy                King                   Limehouse
Long                   Lucas                  Mack
McEachern              M. S. McLeod           W. J. McLeod
Mitchell               D. C. Moss             V. S. Moss
Munnerlyn              Murphy                 Newton
Norman                 Owens                  Parks
Patrick                Pope                   Powers Norrell
Quinn                  Ridgeway               Rivers
Robinson-Simpson       Ryhal                  Sabb
Sandifer               Simrill                Skelton
J. R. Smith            Sottile                Southard
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Toole
Vick                   Weeks                  Wells
Whitmire               Williams               Willis
Wood

Total--88

Those who voted in the negative are:

Lowe

Total--1

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

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


Printed Page 4729 . . . . . Tuesday, May 28, 2013

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4214 (Word version) -- Reps. Hardwick, H. A. Crawford, 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, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, 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 BURGESS ELEMENTARY SCHOOL IN HORRY COUNTY AND TO CONGRATULATE THE ADMINISTRATION, FACULTY, STUDENTS, AND PARENTS FOR THE SELECTION OF THE SCHOOL AS A 2013 NATIONAL SCHOOL OF CHARACTER BY THE CHARACTER EDUCATION PARTNERSHIP.

H. 4215 (Word version) -- Reps. Barfield and Hardee: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR AUBREY M. ANDERSON OF CONWAY AND TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR HIS SERVICE IN THE UNITED STATES ARMY DURING WORLD WAR II.

MOTION NOTED

Rep. RUTHERFORD moved to reconsider the vote whereby H. 4009 (Word version) was rejected and the motion was noted.


Printed Page 4730 . . . . . Tuesday, May 28, 2013

ADJOURNMENT

At 1:43 p.m. the House, in accordance with the motion of Rep. STAVRINAKIS, adjourned in memory of Harper Drolet of Charleston, to meet at 10:00 a.m. tomorrow.

***

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