Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m..
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 40:1: "I waited patiently for the Lord; He inclined to me and heard my cry."
Let us pray. O God of infinite patience and unfailing mercy, teach us to put our trust in You alone. Help us to wait with patience for Your call to action. Thank You for walking with these Representatives and staff through the turmoil of life. Bless with Your mercy and compassion our Nation, President, State, Governor, Speaker, staff, and all who serve the people of this State. 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.
Rep. TALLON moved that when the House adjourns, it adjourn in memory of Bruce Emory Cash of Spartanburg, which was agreed to.
The House stood in silent prayer for Lynette "Nettie" Bailey Postell, daughter of former Representative George H. Bailey of St. George.
The following was received:
Columbia, S.C., February 4, 2014
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at a mutually convenient time this week for the purpose of ratifying Acts.
Very respectfully,
President
On motion of Rep. HIXON the invitation was accepted.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4559 (Word version) -- Reps. McCoy, Merrill, Erickson, Stavrinakis, Daning, Crosby, Rivers, Patrick, Sottile, Whipper, Newton, Gilliard, Mack, Murphy, Limehouse, R. L. Brown, Harrell and Horne: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ENACT SENATE BILL S.1846, THE HOMEOWNER FLOOD INSURANCE AFFORDABILITY ACT OF 2013, IN ORDER TO DELAY FLOOD INSURANCE RATE INCREASES CAUSED BY THE BIGGERT-WATERS FLOOD INSURANCE REFORM ACT OF 2012, AND TO REQUIRE THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO STUDY THE AFFORDABILITY OF THAT ACT ON PROPERTY OWNERS AND TO IMPLEMENT AN ACCURATE FLOOD MAPPING APPROACH BEFORE RAISING FLOOD INSURANCE RATES; AND TO UNDERTAKE EFFORTS TO DEVELOP A LONG-TERM SOLUTION TO ENSURING AN AFFORDABLE, ACCESSIBLE, AND SUSTAINABLE FLOOD INSURANCE PROGRAM.
Ordered for consideration tomorrow.
The following was introduced:
H. 4594 (Word version) -- Reps. Harrell, Lucas, White, Delleney, Sandifer, Howard, Hardwick, Owens, 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, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Norrell, R. L. Ott, Parks, Patrick, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, 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, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO HONOR ANN B. MARTIN OF CAMDEN FOR HER MANY YEARS OF OUTSTANDING SERVICE AS SOLOMON BLATT BUILDING MANAGER/CHIEF RECEPTIONIST FOR THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, TO CONGRATULATE HER ON HER RETIREMENT, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
Whereas, having carried out her duties as Solomon Blatt Building manager/chief receptionist for the South Carolina House of Representatives with poise and excellence, Ann B. Martin of Camden began a well-deserved retirement on November 15, 2013, after thirty-three years of dedicated service in that position; and
Whereas, over the years of her service with the House, her intelligence, friendliness, and organized efficiency drew admiration from all with whom she worked; and
Whereas, Ann Martin began her association with the South Carolina House and Blatt Building in the year of its construction, 1978. After serving two years with the House security detail, she became Blatt Building manager/chief receptionist in May 1980 and served at that post for more than three decades under Speakers Carter, Schwartz, Sheheen, Wilkins, and Harrell; and
Whereas, having served longer than any current House member, Ann worked as manager/chief receptionist for seventeen House sessions and managed the juggling of offices required after each election with determination and her characteristic grace. As manager of the Blatt Building that houses the offices of South Carolina's House members, she served hundreds of legislators and supervised scores of staff members while overseeing the building's daily operations; and
Whereas, Ann's extraordinary ability to ensure the normal and quiet functioning of the Blatt Building during the tumult of session was held in very high esteem by several generations of House members, many of whom, upon returning for a visit, sought her out as someone who had made their service as legislators easier; and
Whereas, as a hard worker who took a genuine interest in the people she served, Ann Martin would not let an issue go unresolved and worked persistently until it was brought to the best possible conclusion. Away from the office, she has always displayed the same caring attitude. Ann quietly visits friends with health challenges to do their laundry, drive them to doctor appointments, or assist them in running errands; and
Whereas, to recognize Ann Martin for her many years of service to the House of Representatives, her colleagues hosted a retirement celebration in her honor on November 15, 2013, at which time she was presented with the Order of the Palmetto, the highest civilian tribute awarded by the State of South Carolina; and
Whereas, during Ann's retirement, the House hopes she will find herself more frequently able to indulge in spending time with her grandchildren and great-grandchildren (who relish their "Granny Ann") and in traveling, especially on trips to Colorado to see her grandson and jaunts to Seneca to visit her great-grands; and
Whereas, the House of Representatives is pleased to wish their beloved "Miss Ann" well as she enjoys retirement and trusts she will find much pleasure in the more leisurely pace of the days ahead. All who had the privilege of knowing her will miss her greatly and long will remember her for her good nature and sense of humor and also for her exemplary service to the people of South Carolina. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, honor Ann B. Martin of Camden for her many years of outstanding service as Solomon Blatt Building manager/chief receptionist for the South Carolina House of Representatives, congratulate her on her retirement, and wish her much success and happiness in all her future endeavors.
Be it further resolved that a copy of this resolution be presented to Ann B. Martin.
The Resolution was adopted.
The following was introduced:
H. 4595 (Word version) -- Reps. Kennedy, 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, 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, Norrell, R. L. Ott, Owens, Parks, Patrick, Pitts, Pope, 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 PHILLIP "PHIL" RODNEY PERRY, A NATIVE OF SALUDA COUNTY, UPON THE OCCASION OF HIS RETIREMENT AFTER THIRTY-EIGHT YEARS OF OUTSTANDING DEDICATION TO CLEMSON UNIVERSITY EXTENSION SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 4596 (Word version) -- Reps. Goldfinch, Sottile, Hardwick, Barfield, Williams, Kennedy, Harrell, V. S. Moss, Loftis, Ryhal, Quinn, Hamilton, Bedingfield, McCoy, Hosey, Newton, Patrick, Funderburk, Limehouse, Burns, Clemmons, Hardee, Hiott, Hixon, Hodges, Horne, Owens, Pitts, Sandifer, G. R. Smith, J. E. Smith, Spires and Wells: A CONCURRENT RESOLUTION TO OPPOSE ANY ADDITIONAL LIVE BOTTOM MARINE PROTECTED AREAS OFF THE COAST OF SOUTH CAROLINA ASSOCIATED WITH THE SOUTH ATLANTIC FISHERY MANAGEMENT COUNCIL'S PROPOSED REGULATORY AMENDMENT 17 OR ANY FUTURE AMENDMENTS TO THE FISHERY MANAGEMENT PLAN FOR THE SNAPPER-GROUPER FISHERY OF THE SOUTH ATLANTIC REGION.
The Concurrent Resolution was ordered referred to the Committee on Agriculture, Natural Resources and Environmental Affairs.
The following was introduced:
H. 4597 (Word version) -- Reps. Huggins, Ballentine, Quinn, Atwater, Alexander, Allison, Anderson, Anthony, Bales, 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, 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, Norrell, R. L. Ott, Owens, Parks, Patrick, Pitts, Pope, Putnam, 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 CONGRATULATE TIM WHIPPLE, IRMO HIGH SCHOOL HEAD BASKETBALL COACH, ON BEING NAMED 2013 SOUTH CAROLINA COACH OF THE YEAR FOR BOYS BASKETBALL BY THE NATIONAL FEDERATION OF HIGH SCHOOL COACHES ASSOCIATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 914 (Word version) -- Senators Peeler, Alexander, Hayes and McGill: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 2, 2014, AT NOON, AS THE DATE AND TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES FOR THE CITADEL, CLEMSON UNIVERSITY, COASTAL CAROLINA UNIVERSITY, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF SOUTH CAROLINA, WINTHROP UNIVERSITY, AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE ON JUNE 30, 2014, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4598 (Word version) -- Reps. Hardee, Hardwick, Norman and Ryhal: A BILL TO AMEND SECTION 33-31-1422, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REINSTATEMENT FOLLOWING ADMINISTRATIVE DISSOLUTION, SO AS TO DELETE THE REQUIREMENT THAT THE APPLICATION FOR REINSTATEMENT MUST BE MADE WITHIN TWO YEARS OF DISSOLUTION.
Referred to Committee on Judiciary
H. 4599 (Word version) -- Reps. Hardee and Ryhal: A BILL TO AMEND SECTION 6-9-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INAPPLICABILITY OF CERTAIN BUILDING CODES ON FARM STRUCTURES, SO AS TO FURTHER DEFINE "FARM STRUCTURE".
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4600 (Word version) -- Reps. Simrill, Norman, Pope and Stringer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 31 SO AS TO ENACT THE "SOUTH CAROLINA ROADS FOR ECONOMIC DEVELOPMENT ACT", TO DEFINE TERMS, TO ALLOW A TRANSPORTATION IMPROVEMENT PROJECT TO BE FUNDED WITH A PERCENTAGE OF SALES TAX REVENUE WITHIN THE DISTRICT SO LONG AS THE PERCENTAGE IS APPROVED BY THE LOCAL GOVERNING BODY AND THE STATE FISCAL ACCOUNTABILITY AUTHORITY, TO SPECIFY THE MANNER IN WHICH SURPLUS FUNDS ARE DISTRIBUTED, AND TO PROVIDE THE MANNER IN WHICH THE TRANSPORTATION IMPROVEMENT PLAN IS ADOPTED AND ITS REVENUES ARE EXPENDED.
Referred to Committee on Ways and Means
H. 4601 (Word version) -- Reps. Jefferson, Gilliard, Southard, Williams, Barfield, Hart, Hosey, Howard, Mack, Robinson-Simpson and Wood: A BILL TO AMEND SECTION 2-3-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE SERGEANTS AT ARMS AND DIRECTORS OF SECURITY OF BOTH THE SENATE AND HOUSE OF REPRESENTATIVES, SO AS TO INCLUDE IN THE EXISTING DUTIES THE AUTHORITY OF THE RESPECTIVE SERGEANTS AT ARMS TO REMOVE A MEMBER WHO DISRUPTS THE SPEECH OF A STATEWIDE ELECTED OFFICIAL DURING THE COURSE OF AN ADDRESS TO THE GENERAL ASSEMBLY MEETING IN JOINT SESSION FOR THE PURPOSE OF THE ADDRESS.
Referred to Committee on Judiciary
H. 4602 (Word version) -- Reps. Stavrinakis, Gilliard, R. L. Brown, Sottile and Mack: A BILL TO AMEND ARTICLE 4, CHAPTER 10, TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION CAPITAL IMPROVEMENTS SALES AND USE TAX ACT, SO AS TO PROVIDE THAT THE TAX MAY BE IMPOSED TO DEFRAY DEBT OBLIGATIONS OF THE SCHOOL DISTRICT AND THEREBY REDUCING PROPERTY TAXES, TO ALLOW THE REFERENDUM TO INCLUDE A SEPARATE QUESTION ON THE AUTHORIZATION OF GENERAL OBLIGATION BONDS PURSUANT TO THE CONSTITUTIONAL EXEMPTION, TO PROVIDE THE FORM OF THE QUESTION, AND TO CHANGE THE TIMING OF A REIMPOSITION REFERENDUM TO NO EARLIER THAN WITHIN THE CALENDAR YEAR WHICH IS TWO YEARS BEFORE THE CALENDAR YEAR IN WHICH THE TAX IS SCHEDULED TO TERMINATE.
Referred to Committee on Ways and Means
H. 4603 (Word version) -- Reps. Sottile, Harrell, Goldfinch, Crosby, McCoy, Erickson, Murphy, Stavrinakis, Bowen and Forrester: A JOINT RESOLUTION TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE OR APPROVE ORDERS ALLOWING SAND SCRAPING AND SANDBAGGING FOR THE PROTECTION OF GOLF COURSES.
On motion of Rep. SOTTILE, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allison Anderson Anthony Atwater Bales Ballentine Barfield Bedingfield Bernstein Bingham Bowen Bowers Branham 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 Hamilton Hardee Hardwick Harrell Henderson Herbkersman Hiott Hixon Hodges Horne Jefferson Kennedy King Knight Limehouse Loftis Long Lowe Lucas Mack McCoy McEachern Merrill Mitchell D. C. Moss V. S. Moss Murphy Nanney Newton Norman Norrell R. L. Ott Owens Patrick Pitts Pope Putnam Quinn Ridgeway Rivers Robinson-Simpson 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 Wood
I came in after the roll call and was present for the Session on Wednesday, February 5.
Douglas "Doug" Brannon Grady Brown Joe Daning Chris Hart Jackie Hayes Lonnie Hosey Chip Huggins Mia S. McLeod Walton J. McLeod Leon Howard Elizabeth Munnerlyn Joseph Neal Anne Parks Shannon Riley Todd Rutherford Jerry Govan Mark Willis
The SPEAKER granted Rep. MUNNERLYN a temporary leave of absence.
Announcement was made that Dr. Terry Dodge was the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4372 (Word version)
Date: ADD:
02/05/14 LOFTIS
The following Bill was taken up:
H. 3644 (Word version) -- Reps. Loftis, Gagnon, Herbkersman, Lowe, Lucas, D. C. Moss, H. L. Ott, Pitts, Toole and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 13-1-390 SO AS TO ESTABLISH WITHIN THE DIVISION OF STATE DEVELOPMENT OF THE DEPARTMENT OF COMMERCE THE CLEAN ENERGY INDUSTRY MARKET DEVELOPMENT ADVISORY COUNCIL AND PROVIDE FOR ITS MEMBERSHIP AND FUNCTIONS; TO AMEND SECTION 12-6-3588, RELATING TO THE RENEWABLE ENERGY TAX CREDIT INCENTIVE PROGRAM, SO AS TO REDESIGNATE THE PROGRAM THE SOUTH CAROLINA CLEAN ENERGY TAX INCENTIVE PROGRAM, TO REVISE DEFINITIONS TO EXTEND THE CREDIT TO ADDITIONAL FORMS OF ENERGY PRODUCTION AND OPERATIONS, TO DECREASE INVESTMENT THRESHOLDS AND DECREASE JOB CREATION THRESHOLDS FOR QUALIFYING FOR THE CREDIT AND MAKE THE CREDIT, PREVIOUSLY DUE TO EXPIRE DECEMBER 31, 2015, AVAILABLE THROUGH 2019 AND TO REVISE CREDIT ADMINISTRATION PROCEDURES; AND TO AMEND SECTION 12-6-3600, AS AMENDED, RELATING TO THE INCOME TAX CREDIT FOR CORN-BASED ETHANOL OR SOY-BASED BIODIESEL PRODUCTION IN THIS STATE, SO AS TO EXTEND THE CREDIT TO ALL LIQUID FUELS DERIVED FROM RENEWABLE SOURCES, MAKE CONFORMING DEFINITIONS, REDUCE THE AMOUNT OF LIQUID FUEL ELIGIBLE FOR THE CREDIT, AND TO EXTEND THE PERIOD DURING WHICH THE CREDIT MAY BE CLAIMED THROUGH 2019.
Rep. SKELTON spoke against the Bill.
Rep. LOFTIS spoke in favor of the Bill.
Rep. SKELTON moved to recommit the Bill to the Committee on Ways and Means.
Rep. LOFTIS moved to table the motion, which was agreed to.
The question then recurred to the passage of the Bill.
The Bill was read the third time and ordered sent to the Senate.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 4384 (Word version) -- Reps. Whitmire, Ryhal, George, Clemmons, Goldfinch, H. A. Crawford, Hardee and Barfield: A BILL TO AMEND SECTIONS 56-5-3710, 56-5-3720, AND 56-5-3730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF A MOPED ALONG THE STATE'S HIGHWAYS, SO AS TO PROVIDE THAT A PERSON OPERATING A MOPED AND HIS PASSENGER MUST WEAR REFLECTIVE VESTS, TO REQUIRE THAT A MOPED SOLD IN THIS STATE MUST BE EQUIPPED WITH A REAR RED TAIL LIGHT THAT FLASHES CONTINUALLY WHILE THE MOPED IS IN MOTION, AND TO REQUIRE A MOPED'S REAR RED TAIL LIGHT THAT FLASHES CONTINUALLY TO BE TURNED ON AT ALL TIMES WHILE THE MOPED IS IN OPERATION.
The House stood at ease subject to the call of the Chair.
At 11:49 a.m. the House resumed, the SPEAKER in the Chair.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on February 5, 2014, at 11:50 a.m. and the following Act was ratified:
(R. 127, S. 308 (Word version)) -- Senators Bennett, Shealy, Grooms, Hembree, L. Martin, Massey, Campbell, Turner, Thurmond, Bryant, Verdin, S. Martin, Davis, Bright, Corbin, Campsen, Fair and Cromer: AN ACT TO AMEND SECTION 16-23-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE CARRYING OF A PISTOL OR FIREARM INTO A BUSINESS THAT SELLS ALCOHOLIC LIQUORS, BEER, OR WINE TO BE CONSUMED ON THE PREMISES, SO AS TO PROVIDE THAT THE PROHIBITION DOES NOT APPLY TO PERSONS CARRYING A CONCEALABLE WEAPON IN COMPLIANCE WITH A CONCEALABLE WEAPON PERMIT UNDER CERTAIN CIRCUMSTANCES, INCLUDING THAT THE PERSON MAY NOT CONSUME ALCOHOLIC LIQUOR, BEER, OR WINE WHILE CARRYING THE CONCEALABLE WEAPON ON THE PREMISES; TO PROVIDE THAT THE BUSINESS MAY CHOOSE TO PROHIBIT THE CARRYING OF CONCEALABLE WEAPONS ON ITS PREMISES BY POSTING NOTICE; TO REVISE THE PENALTIES FOR VIOLATIONS, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 23-31-210, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE ARTICLE ON CONCEALED WEAPON PERMITS, SO AS TO REVISE THE DEFINITIONS OF "PICTURE IDENTIFICATION" AND "PROOF OF TRAINING", TO DELETE THE TERM "PROOF OF RESIDENCE", AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, SO AS TO REVISE THE REQUIREMENTS THAT MUST BE MET IN ORDER TO RECEIVE A CONCEALABLE WEAPON PERMIT, TO ALLOW PERMIT APPLICATIONS TO BE SUBMITTED ONLINE WITH SLED, TO PROVIDE THAT A PERSON MAY NOT CARRY A CONCEALABLE WEAPON INTO A PLACE CLEARLY MARKED WITH A SIGN PROHIBITING THE CARRYING OF A CONCEALABLE WEAPON, TO PROVIDE THAT A PERMIT IS VALID FOR FIVE YEARS, TO REQUIRE SLED TO SEND A RENEWAL NOTICE AT LEAST THIRTY DAYS BEFORE A PERMIT EXPIRES, AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 16-23-20, AS AMENDED, RELATING TO THE UNLAWFUL CARRYING OF A HANDGUN, SO AS TO ALLOW A CONCEALABLE WEAPON PERMIT HOLDER TO ALSO SECURE HIS WEAPON UNDER A SEAT IN A VEHICLE OR IN ANY OPEN OR CLOSED STORAGE COMPARTMENT IN THE VEHICLE; AND TO AMEND SECTION 16-23-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE ARTICLE ON HANDGUNS, SO AS TO REDEFINE THE TERM "LUGGAGE COMPARTMENT".
At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the Senate read the following Concurrent Resolution:
H. 4355 (Word version) -- Reps. Clemmons, Mack, Bannister, Whitmire, Henderson and McCoy: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, FEBRUARY 5, 2014, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SUPREME COURT, CHIEF JUSTICE, WHOSE TERM WILL EXPIRE JULY 31, 2014; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 11, WHOSE TERM WILL EXPIRE JUNE 30, 2014; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 12, WHOSE TERM WILL EXPIRE JUNE 30, 2014; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 13, WHOSE TERM WILL EXPIRE JUNE 30, 2014; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, FOURTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM WILL EXPIRE JUNE 30, 2014; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SIXTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2019; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SIXTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2014; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, NINTH JUDICIAL CIRCUIT, SEAT 5, WHOSE TERM WILL EXPIRE JUNE 30, 2014; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, THIRTEENTH JUDICIAL CIRCUIT, SEAT 5, WHOSE TERM WILL EXPIRE JUNE 30, 2014, AND TO FILL THE SUBSEQUENT FULL TERM WHICH WILL EXPIRE JUNE 30, 2020; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2016, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE; TO ELECT A SUCCESSOR TO THE FAMILY COURT, FIFTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM WILL EXPIRE JUNE 30, 2014; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2016, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE; TO ELECT A SUCCESSOR TO THE JUDGE OF THE ADMINISTRATIVE LAW COURT, CHIEF ADMINISTRATIVE LAW JUDGE, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2014; AND AS THE DATE TO MEET IN JOINT SESSION FOR THE PURPOSE OF ELECTING A MEMBER OF THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY, AT-LARGE SEAT NINE, WHOSE TERM EXPIRES ON JUNE 30, 2016; FOR THE PURPOSE OF ELECTING A MEMBER OF THE BOARD OF TRUSTEES FOR THE SOUTH CAROLINA STATE UNIVERSITY, FIFTH CONGRESSIONAL DISTRICT, WHOSE TERM EXPIRES ON JUNE 30, 2017; AND FOR THE PURPOSE OF ELECTING TWO MEMBERS TO THE BOARD OF TRUSTEES FOR THE OLD EXCHANGE BUILDING COMMISSION, AT-LARGE SEATS, WHOSE TERMS EXPIRE ON JUNE 30, 2018.
The PRESIDENT recognized Rep. CLEMMONS, Chairman of the Judicial Merit Selection Commission.
The PRESIDENT announced that nominations were in order for the Chief Justice of the Supreme Court.
Rep. CLEMMONS, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: the Honorable Jean Hoefer Toal and the Honorable Costa M. Pleicones and placed their names in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Pleicones:
Bright Bryant Cleary Coleman Corbin Cromer Gregory Hembree Lourie Martin, Shane Massey McElveen O'Dell Peeler Rankin Scott Turner Verdin Young
The following named Senators voted for Toal:
Alexander Allen Bennett Campbell Campsen Courson Davis Fair Grooms Hayes Hutto Jackson Johnson Kimpson Leatherman Malloy Martin, Larry Matthews McGill Nicholson Pinckney Reese Setzler Shealy Sheheen Thurmond Williams
Rep. CLEMMONS requested unanimous consent that the members of the House vote by electronic roll call.
Rep. PITTS objected
The Reading Clerk of the House called the roll of the House and the Representatives voted viva voce as their names were called.
The following named Representatives voted for Pleicones:
Anthony Atwater Bales Ballentine Bedingfield Bernstein Bowen Branham Brannon G. A. Brown Burns Chumley Cole K. R. Crawford Delleney Douglas Felder Finlay Forrester Gagnon George Gilliard Hart Henderson Hiott Hixon Huggins Limehouse Long Lowe Lucas McCoy W. J. McLeod D. C. Moss V. S. Moss Munnerlyn Newton Norman Norrell Owens Patrick Pope Riley Rivers Rutherford Ryhal Simrill J. R. Smith Southard Taylor Vick Wells White Willis Wood
The following named Representatives voted for Toal:
Alexander Allison Anderson Barfield Bingham Bowers R. L. Brown Clemmons Clyburn Cobb-Hunter H. A. Crawford Crosby Daning Dillard Edge Erickson Funderburk Gambrell Goldfinch Govan Hamilton Hardee Hardwick Harrell Hayes Herbkersman Hodges Horne Hosey Howard Jefferson Kennedy King Knight Loftis Mack McEachern M. S. McLeod Merrill Mitchell Murphy Nanney Neal R. L. Ott Parks Pitts Putnam Quinn Ridgeway Robinson-Simpson Sabb Sandifer Sellers Skelton G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Thayer Toole Weeks Whipper Whitmire Williams
Total number of Senators voting 46
Total number of Representatives voting 123
Grand Total 169
Necessary to a choice 85
Of which Hon. Costa M Pleicones received 74
Of which Hon. Jean H. Toal received 95
Whereupon, the Honorable Jean H. Toal was duly elected for the terms prescribed by law.
The PRESIDENT announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 11.
Rep. CLEMMONS, on behalf of the Judicial Merit Selection Commission, stated that the following candidate had been screened and found qualified: the Honorable Allison R. Lee.
On motion of Rep. CLEMMONS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Allison R. Lee was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 12.
Rep. CLEMMONS, on behalf of the Judicial Merit Selection Commission, stated that the following candidate had been screened and found qualified: the Honorable Thomas A. Russo.
On motion of Rep. CLEMMONS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Thomas A. Russo was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 13.
Rep. CLEMMONS, on behalf of the Judicial Merit Selection Commission, stated that the following candidate had been screened and found qualified: the Honorable Larry B. Hyman, Jr.
On motion of Rep. CLEMMONS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Larry B. Hyman, Jr., was duly elected for the term prescribed by law
.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Fourth Judicial Circuit, Seat 3.
Rep. CLEMMONS, on behalf of the Judicial Merit Selection Commission, stated that the following candidate had been screened and found qualified: the Honorable Michael S. Holt.
On motion of Rep. CLEMMONS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Michael S. Holt was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Sixth Judicial Circuit, Seat 1.
Rep. CLEMMONS, on behalf of the Judicial Merit Selection Commission, stated that the following candidate had been screened and found qualified: Coreen B. Khoury.
On motion of Rep. CLEMMONS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Coreen B. Khoury was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Sixth Judicial Circuit, Seat 2.
Rep. CLEMMONS, on behalf of the Judicial Merit Selection Commission, stated that the following candidate had been screened and found qualified: the Honorable W. Thomas Sprott, Jr.
On motion of Rep. CLEMMONS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable W. Thomas Sprott, Jr., was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Ninth Judicial Circuit, Seat 5.
Rep. CLEMMONS, on behalf of the Judicial Merit Selection Commission, stated that the following candidate had been screened and found qualified: the Honorable Jocelyn B. Cate.
On motion of Rep. CLEMMONS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Jocelyn B. Cate was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Thirteenth Judicial Circuit, Seat 5.
Rep. CLEMMONS, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: James C. Alexander, Tarita A. Dunbar, and Katherine H. Tiffany.
Rep. CLEMMONS stated that James C. Alexander had withdrawn from the race, and placed the name of the remaining candidates, Tarita A. Dunbar and Katherine H. Tiffany, in nomination.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Dunbar:
Allen Bennett Bryant Campbell Cleary Coleman Courson Cromer Fair Gregory Grooms Hutto Jackson Johnson Kimpson Leatherman Lourie Malloy Matthews McElveen McGill Nicholson Pinckney Scott Setzler Sheheen Thurmond Williams
The following named Senators voted for Tiffany:
Alexander Bright Campsen Corbin Davis Hayes Hembree Martin, Larry Martin, Shane Massey O'Dell Peeler Rankin Reese Shealy Turner Verdin Young
Rep. CLEMMONS requested unanimous consent that the members of the House vote by electronic roll call.
Rep. PITTS objected
The following named Representatives voted for Dunbar:
Alexander Anderson Anthony Atwater Bales Bernstein Bowers Branham G. A. Brown R. L. Brown Clyburn Cobb-Hunter Daning Delleney Dillard Douglas Edge Felder Funderburk George Gilliard Govan Hardwick Hart Hayes Herbkersman Hodges Horne Hosey Howard Huggins Jefferson King Knight Loftis Lucas Mack McEachern M. S. McLeod W. J. McLeod Merrill Mitchell Murphy Neal Newton Norrell R. L. Ott Owens Parks Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Sabb Sellers Skelton G. M. Smith J. E. Smith J. R. Smith Southard Spires Stavrinakis Vick Weeks Whipper Williams
The following named Representatives voted for Tiffany:
Allison Ballentine Barfield Bedingfield Bingham Bowen Brannon Burns Chumley Clemmons Cole H. A. Crawford K. R. Crawford Crosby Erickson Finlay Forrester Gagnon Gambrell Goldfinch Hamilton Hardee Harrell Henderson Hiott Hixon Kennedy Limehouse Long Lowe D. C. Moss V. S. Moss Munnerlyn Nanney Norman Patrick Pitts Pope Putnam Ryhal Sandifer Simrill G. R. Smith Sottile Stringer Tallon Taylor Thayer Toole Wells White Whitmire Willis Wood
Total number of Senators voting 46
Total number of Representatives voting 122
Grand Total 168
Necessary to a choice 85
Of which Tarita A. Dunbar received 96
Of which Katherine H. Tiffany received 72
Whereupon, Tarita A. Dunbar was duly elected for the terms prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Fifteenth Judicial Circuit, Seat 2.
Rep. CLEMMONS, on behalf of the Judicial Merit Selection Commission, stated that the following candidate had been screened and found qualified: Melissa Johnson Emery.
On motion of Rep. CLEMMONS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Melissa Johnson Emery was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Fifteenth Judicial Circuit, Seat 3.
Rep. CLEMMONS, on behalf of the Judicial Merit Selection Commission, stated that the following candidate had been screened and found qualified: the Honorable Ronald R. Norton.
On motion of Rep. CLEMMONS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Ronald R. Norton was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Sixteenth Judicial Circuit, Seat 1.
Rep. CLEMMONS, on behalf of the Judicial Merit Selection Commission, stated that the following candidate had been screened and found qualified: Thomas H. White IV.
On motion of Rep. CLEMMONS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, Thomas H. White IV was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for an Administrative Law Court Judge, Chief Administrative Judge, Seat 1.
Rep. CLEMMONS, on behalf of the Judicial Merit Selection Commission, stated that the following candidate had been screened and found qualified: the Honorable Ralph King "Tripp" Anderson III.
On motion of Rep. CLEMMONS, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the Honorable Ralph King "Tripp" Anderson III was duly elected for the term prescribed by law.
The President of the Senate recognized Sen. Peeler, on behalf of the Screening Committee for State Colleges and Universities Boards of Trustees.
AT-LARGE DISTRICT, SEAT 9
The President announced that nominations were in order for the At-Large District, Seat 9.
Sen. Peeler, on behalf of the Joint Screening Committee, stated that Mary Mappus Finklea, Sarah King, and Tim Norwood had been screened and found qualified.
Sen. Peeler stated that Sarah King and Tim Norwood had withdrawn from the race and placed the name of Mary Mappus Finklea in nomination.
On the motion of Sen. Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Mary Mappus Finklea was duly elected for the term prescribed by law.
FIFTH CONGRESSIONAL DISTRICT, SEAT 5
The President announced that nominations were in order for the Fifth Congressional District, Seat 5.
Sen. Peeler, on behalf of the Joint Screening Committee, stated that Tammy Adams Kelly, Carlotta Denise Redish, and Monita Williams had been screened and found qualified.
Sen. Peeler stated that Monita Williams and Tammy Adams Kelly had withdrawn from the race and placed the name of Carlotta Denise Redish in nomination.
On the motion of Sen. Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Carlotta Denise Redish was duly elected for the term prescribed by law.
TWO AT-LARGE SEATS
The President announced that nominations were in order for two at-large seats on the Old Exchange Building Commission.
Sen. Peeler, on behalf of the Joint Screening Committee, stated that Connolly D. "Connie" Dittrich and Laura Kennedy LeGrand had been screened and found qualified and placed their names in nomination.
On the motion of Sen. Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the President announced that Connolly D. "Connie" Dittrich and Laura Kennedy LeGrand were duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:45 p.m. the House resumed, the SPEAKER in the Chair.
Rep. SOTTILE moved that the House do now adjourn, which was agreed to.
At 12:54 p.m. the House, in accordance with the motion of Rep. TALLON, adjourned in memory of Bruce Emory Cash of Spartanburg, to meet at 10:00 a.m. tomorrow.
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