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 I Chronicles 16:11: "Seek the Lord and His strength, seek His presence continually."
Let us pray. Again, O Lord, we call upon You to bless these Representatives and staff as they continue the work You have called them to do. May they seek Your strength and presence as they live their lives in service to their families and this State. Look in favor upon our Nation, President, State, Governor, Speaker, staff, and all who contribute to this great cause. 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. HORNE moved that when the House adjourns, it adjourn in memory of Cary Joseph "Seph" Limehouse II of John's Island, which was agreed to.
The roll call of the House of Representatives was taken resulting as follows:
Allison Anthony Atwater Bales Ballentine Barfield Bedingfield Bernstein Bingham Bowen Branham R. L. Brown Burns Chumley Clemmons Clyburn Cobb-Hunter H. A. Crawford K. R. Crawford Crosby Daning Delleney Dillard Douglas Erickson Felder Finlay Forrester Funderburk Gagnon Goldfinch Hamilton Hardwick Harrell Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Jefferson King Knight Loftis Long Lowe McEachern Merrill D. C. Moss V. S. Moss Munnerlyn Murphy Newton R. L. Ott Owens Parks Patrick Pitts Ridgeway Riley Rivers Ryhal Sabb Sandifer Sellers Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Taylor Thayer Toole Weeks Wells Whipper White Whitmire Wood
I came in after the roll call and was present for the Session on Wednesday, May 28.
Terry Alexander Carl Anderson Bruce W. Bannister William Bowers Douglas "Doug" Brannon Grady Brown Derham Cole, Jr. Tracy Edge Mike Gambrell Wayne George Wendell Gilliard Jerry Govan Kevin Hardee Chris Hart Jackie Hayes Chip Huggins Ralph Kennedy H.B. "Chip" Limehouse James Lucas David Mack Mia S. McLeod Walton J. McLeod Harold Mitchell Wendy Nanney Joseph Neal Ralph Norman Mandy Powers Norrell Thomas "Tommy" Pope Richard "Rick" Quinn Leola Robinson-Simpson Todd Rutherford Gary Simrill James E. Smith Edward "Eddie" Tallon Ted Vick Mark Willis Robert Williams
The SPEAKER granted Rep. MCCOY a leave of absence for the day.
The SPEAKER granted Rep. PUTNAM a leave of absence for the day due to family medical reasons.
Announcement was made that Dr. Mark Salley of Columbia was the Doctor of the Day for the General Assembly.
Rep. HENDERSON presented to the House the J. L. Mann High School Girls Varsity Lacrosse Team, the 2014 South Carolina Class AAAA State Champions, their coaches, and other school officials.
Rep. BERNSTEIN presented to the House the Cardinal Newman High School Boys Varsity Soccer Team, the 2014 South Carolina Independent School Association Class AAA State Champions, their coaches, and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3075 (Word version)
Date: ADD:
05/28/14 MITCHELL and GILLIARD
Bill Number: H. 4413 (Word version)
Date: ADD:
05/28/14 GILLIARD and ERICKSON
Bill Number: H. 4520 (Word version)
Date: ADD:
05/28/14 KNIGHT
The SPEAKER granted Rep. ALLISON a leave of absence for the remainder of the day for family medical reasons.
The SPEAKER granted Rep. BERNSTEIN a temporary leave of absence.
The SPEAKER granted Rep. SPIRES a temporary leave of absence.
On the motion of Rep. CLEMMONS, the Senate Amendments to the following Bill were taken up for immediate consideration:
S. 815 (Word version) -- Senators L. Martin and Campsen: A BILL TO AMEND SECTION 7-11-30, SOUTH CAROLINA CODE OF LAWS, 1976, TO PROVIDE THAT A PARTY MAY CHOOSE TO CHANGE NOMINATION OF CANDIDATES BY PRIMARY TO A CONVENTION IF THREE-FOURTHS OF THE CONVENTION MEMBERSHIP APPROVES OF THE CONVENTION NOMINATION PROCESS, AND A MAJORITY OF THE VOTERS IN THAT PARTY'S NEXT PRIMARY ELECTION APPROVES THE USE OF A CONVENTION.
Rep. CLEMMONS explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anthony Atwater Bales Ballentine Bannister Barfield Bedingfield Bingham 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 Erickson Felder Finlay Funderburk Gagnon Gambrell Goldfinch Hamilton Hardee Hardwick Harrell Hixon Hodges Horne Hosey Huggins King Knight Loftis Long Lowe Lucas Mack McEachern W. J. McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Newton Norman Norrell R. L. Ott Owens Parks Patrick Pope Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Sellers Simrill Skelton G. R. Smith J. R. Smith Sottile Southard Stavrinakis Stringer Tallon Taylor Thayer Toole Weeks Wells Whipper White Whitmire Willis Wood
Those who voted in the negative are:
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.
The following Joint Resolution was taken up:
H. 5313 (Word version) -- Reps. Knight, Murphy, Horne, Whipper, Jefferson and Harrell: A JOINT RESOLUTION TO PROVIDE THAT NOTWITHSTANDING THE PROVISIONS OF A JOINT RESOLUTION OF 2014 BEARING RATIFICATION NUMBER 150 AND THE PROVISIONS OF SECTION 59-1-425, THE GOVERNING BODY OF DORCHESTER SCHOOL DISTRICT FOUR MAY WAIVE THE REQUIREMENT THAT SCHOOLS MAKE UP FULL DAYS MISSED DUE TO INCLEMENT WEATHER FOR FIVE OR FEWER FULL SCHOOL DAYS THAT STUDENTS WHO ATTEND SCHOOLS OR CHARTER SCHOOLS IN THE DISTRICT MISSED DUE TO INCLEMENT WEATHER DURING THE 2013-2014 SCHOOL YEAR REGARDLESS OF WHETHER THE DISTRICT HAS EXHAUSTED ALL STATUTORILY REQUIRED MAKE-UP DAYS REMAINING ON THE 2013-2014 SCHOOL CALENDAR.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anthony Bales Bannister 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 Dillard Douglas Erickson Felder Forrester Funderburk Gagnon Gambrell Hardwick Harrell Hixon Horne Hosey Huggins Jefferson King Knight Loftis Lowe Lucas Mack McEachern W. J. McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Norman Norrell R. L. Ott Parks Patrick Pitts Pope Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sellers Simrill Skelton G. R. Smith J. R. Smith Sottile Southard Stavrinakis Tallon Thayer Weeks Wells Whipper Willis Wood
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
The following Bill was taken up:
H. 5314 (Word version) -- Reps. Hixon, Clyburn, J. R. Smith, Taylor and Wells: A BILL TO AMEND ACT 588 OF 1986, AS AMENDED, RELATING TO THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS FOR THE SCHOOL BOARD OF AIKEN COUNTY, SO AS TO REAPPORTION THE DISTRICTS BEGINNING WITH THE SCHOOL BOARD ELECTIONS IN 2014, TO REDESIGNATE THE MAP NUMBER ON WHICH THESE DISTRICTS MAY BE FOUND, AND TO PROVIDE DEMOGRAPHIC INFORMATION REGARDING THE REAPPORTIONED ELECTION DISTRICTS.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anthony Bannister Barfield Bingham Branham Brannon Clyburn H. A. Crawford K. R. Crawford Crosby Delleney Dillard Douglas Erickson Forrester Funderburk Gagnon Hardwick Harrell Hixon Hodges Hosey Knight Loftis Long Lowe Lucas Mack Merrill D. C. Moss V. S. Moss Munnerlyn Norman Norrell Patrick Pope Ridgeway Rivers Robinson-Simpson Sellers Simrill Skelton J. R. Smith Sottile Stavrinakis Tallon Taylor Weeks White Willis
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on H. 5314, If I had been present, I would have voted in favor of the Bill.
Rep. Don Wells
The following Joint Resolution was taken up:
H. 5316 (Word version) -- Reps. Limehouse and Stavrinakis: A JOINT RESOLUTION TO PROVIDE THAT NOTWITHSTANDING THE PROVISIONS OF A JOINT RESOLUTION OF 2014 BEARING RATIFICATION NUMBER 150 AND THE PROVISIONS OF SECTION 59-1-425, THE GOVERNING BODY OF THE CHARLESTON COUNTY SCHOOL DISTRICT MAY WAIVE THE REQUIREMENT THAT SCHOOLS MAKE UP FULL DAYS MISSED DUE TO INCLEMENT WEATHER FOR FIVE OR FEWER FULL SCHOOL DAYS THAT STUDENTS WHO ATTEND SCHOOLS OR CHARTER SCHOOLS IN THE DISTRICT MISSED DUE TO INCLEMENT WEATHER DURING THE 2013-2014 SCHOOL YEAR REGARDLESS OF WHETHER THE DISTRICT EXHAUSTS OR PLANS TO EXHAUST ALL STATUTORILY REQUIRED MAKE-UP DAYS REMAINING ON THE 2013-2014 SCHOOL CALENDAR.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anthony Bales Bannister Barfield Bernstein Bingham Bowen Branham Brannon G. A. Brown Burns Chumley H. A. Crawford Crosby Delleney Forrester Funderburk Gagnon Goldfinch Hardee Hardwick Harrell Hixon Horne Hosey Knight Limehouse Long Lowe Lucas Mack McEachern Merrill D. C. Moss V. S. Moss Munnerlyn Nanney Norman Pope Ridgeway Rivers Robinson-Simpson Ryhal Sellers Simrill Skelton G. R. Smith Sottile Stavrinakis Tallon Weeks Whipper White Willis Wood
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:
S. 495 (Word version) -- Senators Lourie and Rankin: A BILL TO AMEND SECTION 23-3-115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR CRIMINAL RECORD SEARCHES, SO AS TO CLARIFY THE DEFINITION OF CHARITABLE ORGANIZATIONS WHICH PAY A REDUCED FEE TO INCLUDE LOCAL PARK AND RECREATION VOLUNTEERS THROUGH A COMMISSION, MUNICIPALITY, COUNTY, OR THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM.
S. 1033 (Word version) -- Senators Campbell, Leatherman, Setzler, O'Dell and Alexander: A BILL TO AMEND CHAPTER 2, TITLE 12 OF THE 1976 CODE, RELATING TO TAXATION, BY ADDING SECTION 12-2-110, TO PROVIDE AN OUT-OF-STATE BUSINESS THAT CONDUCTS OPERATIONS WITHIN THIS STATE FOR THE PURPOSES OF PERFORMING WORK OR SERVICES RELATED TO A DECLARED STATE DISASTER OR EMERGENCY DURING A DISASTER PERIOD MUST NOT BE CONSIDERED TO HAVE ESTABLISHED A LEVEL OF PRESENCE THAT WOULD REQUIRE THAT BUSINESS TO REGISTER, FILE, AND REMIT STATE OR LOCAL TAXES OR THAT WOULD REQUIRE THAT BUSINESS OR ITS OUT-OF-STATE EMPLOYEES TO BE SUBJECT TO ANY STATE LICENSING OR REGISTRATION REQUIREMENTS OR ANY COMBINATION OF THESE ACTIONS.
S. 293 (Word version) -- Senator Cleary: A BILL TO AMEND SECTION 4-23-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEVY AND COLLECTION OF TAXES IN THE MURRELL'S INLET-GARDEN CITY FIRE DISTRICT, SO AS TO AUTHORIZE THE LEVY AND COLLECTION OF AN ADDITIONAL TEN MILLS.
S. 294 (Word version) -- Senators Cleary and Ford: A BILL TO AMEND SECTION 6-4-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPENDITURE OF LOCAL ACCOMMODATION TAX REVENUES, SO AS TO CLARIFY THAT IN CERTAIN SITUATIONS, FUNDS MAY BE USED FOR BEACH RENOURISHMENT, AND TO ALLOW A MUNICIPALITY OR COUNTY, IN CERTAIN SITUATIONS, UPON A TWO-THIRDS VOTE OF THE MEMBERSHIP OF THE LOCAL GOVERNING BODY, TO HOLD THE FUNDS FOR MORE THAN TWO YEARS IF THE FUNDS ARE DESIGNATED FOR THE CONTROL AND REPAIR OF WATERFRONT EROSION, INCLUDING BEACH RENOURISHMENT.
S. 1000 (Word version) -- Senators Peeler and Reese: A JOINT RESOLUTION TO PROVIDE THAT IN 2015 AND 2016, THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE FOR VEHICLES IN THE MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES IS SEVEN HUNDRED FIFTY-FOUR DOLLARS, TO PROVIDE THAT TWENTY DOLLARS OF EACH FEE IS CREDITED TO THE GENERAL FUND OF THE STATE AND THE BALANCE TO LOCAL GOVERNMENTS, AND TO PROVIDE THAT THE ENTIRE FEE AMOUNT BE CREDITED TO THE GENERAL FUND OF THE STATE FOR NONRESIDENT PARTICIPANTS IN THE EMPLOYEE BENEFIT PROGRAM.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:
S. 1008 (Word version) -- Senators Setzler and Lourie: A BILL TO AMEND SECTION 9-8-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO INCLUDE ADMINISTRATIVE LAW JUDGES IN THE DEFINITION OF "JUDGE"; AND TO AMEND SECTION 9-8-40, AS AMENDED, RELATING TO MEMBERSHIP IN THE SYSTEM, SO AS TO ALLOW ADMINISTRATIVE LAW JUDGES SERVING ON JULY 1, 2014, TO ELECT TO BECOME A MEMBER.
S. 437 (Word version) -- Senators Cleary, Reese, Rankin, Campsen, Hembree, Davis, McGill, Thurmond, Campbell, Cromer and Ford: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VALUATION AND CLASSIFICATION OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE THAT THE OWNER-OCCUPANT OF RESIDENTIAL PROPERTY QUALIFIES FOR THE FOUR PERCENT ASSESSMENT RATIO ALLOWED OWNER-OCCUPIED RESIDENTIAL PROPERTY, IF THE OWNER IS OTHERWISE QUALIFIED AND THE RESIDENCE IS NOT RENTED FOR MORE THAN ONE HUNDRED DAYS A YEAR, AND TO DELETE OTHER REFERENCES TO RENTAL OF THESE RESIDENCES; AND TO AMEND SECTION 12-54-240, RELATING TO DISCLOSURE OF RECORDS, REPORTS, AND RETURNS WITH THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE VERIFICATION THAT THE FEDERAL SCHEDULE E CONFORMS WITH THE SAME DOCUMENT REQUIRED BY A COUNTY ASSESSOR IS NOT PROHIBITED.
S. 825 (Word version) -- Senators Alexander and Davis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 3-1-40 SO AS TO EXEMPT FROM AD VALOREM TAXATION ANY REAL PROPERTY LOCATED WITHIN A MILITARY BASE OR INSTALLATION THAT IS USED OR OWNED BY THE UNITED STATES ARMED FORCES AND IS USED AS MILITARY HOUSING FOR MILITARY AFFILIATED PERSONNEL AND THEIR FAMILIES EVEN IF THE REAL PROPERTY IS IMPROVED, MAINTAINED, OR LEASED TO A PARTY THAT WOULD OTHERWISE SUBJECT THE REAL PROPERTY TO TAX, SO LONG AS THERE IS A CONTRACTUAL AGREEMENT REQUIRING THE LESSEE TO USE THE PROPERTY FOR MILITARY HOUSING.
S. 964 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 6-1-320 OF THE 1976 CODE, RELATING TO THE LIMIT ON ANNUAL PROPERTY TAX MILLAGE INCREASES IMPOSED BY POLITICAL SUBDIVISIONS, TO ADD AN EXEMPTION FOR MILLAGE IMPOSED BY THE GOVERNING BODY FOR OPERATING REVENUE NECESSARY TO RETAIN A FIRE DEPARTMENT'S ISO RATING.
S. 985 (Word version) -- Senator Cleary: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 1, TITLE 6, TO ENACT THE "FAIRNESS IN LODGING ACT" SO AS TO ALLOW MUNICIPALITIES AND COUNTIES BY ORDINANCE TO IMPLEMENT ADDITIONAL ENFORCEMENT PROVISIONS FOR THE BUSINESS LICENSE TAX AND THE LOCAL ACCOMMODATIONS TAX AS THOSE PROVISIONS APPLY TO THE OWNERS OF RESIDENTIAL REAL PROPERTY WHO RENT THE PROPERTY TO TOURISTS, INCLUDING DATA SHARING WITH THE SOUTH CAROLINA DEPARTMENT OF REVENUE, SPECIFIC NOTICE TO PROPERTY OWNERS INCLUDED IN PROPERTY TAX BILLS, AN ADDITIONAL PENALTY THAT MAY BE IMPOSED FOR NONCOMPLIANCE AFTER THE RECEIPT OF SUCH A NOTICE, AND DIRECTIONS TO THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO IDENTIFY "RENTAL BY OWNER" WEBSITES ADVERTISING TOURISTS RENTALS AND REQUEST THEM TO POST ON THE WEBSITES A STATEMENT REGARDING THE LEGAL OBLIGATIONS OF THE OWNERS OF PROPERTY IN THIS STATE LISTED ON THE WEBSITE, TO PAY ALL APPLICABLE LOCAL AND STATE TAXES AND FEES WITH RESPECT TO SUCH RENTALS; AND TO AMEND SECTIONS 6-1-120, 12-54-240, AS AMENDED, AND 12-4-310, RELATING RESPECTIVELY TO THE CONFIDENTIALITY OF LOCAL AND STATE TAX DATA AND EXCEPTIONS THERETO, AND THE DUTIES OF THE SOUTH CAROLINA DEPARTMENT OF REVENUE, SO AS TO CONFORM THEM TO THE PROVISIONS OF THIS ACT.
The following Bill was taken up:
H. 4996 (Word version) -- Reps. Brannon and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-277 SO AS TO REQUIRE ACCIDENT AND HEALTH INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS TO COVER CERTAIN AMINO ACID-BASED ELEMENTAL FORMULAS FOR THE TREATMENT OF CERTAIN DISEASES OR DISORDERS, TO PROHIBIT DENIAL OF THIS COVERAGE FOR TREATMENT ORDERED AS MEDICALLY NECESSARY BY A TREATING PHYSICIAN, AND TO PROVIDE THIS COVERAGE MUST BE FAVORABLE FOR PRESCRIPTION DRUGS AND SERVICES COVERED BY THE PLAN.
Rep. BRANNON moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.
The following Bill was taken up:
S. 516 (Word version) -- Senators Peeler, Fair, Hayes, Courson, Young, Setzler, Malloy, Leatherman, Lourie, L. Martin, Johnson, Jackson, Allen, Rankin, Scott and Pinckney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA READ TO SUCCEED ACT"; BY ADDING CHAPTER 155 TO TITLE 59 SO AS TO CREATE THE SOUTH CAROLINA READ TO SUCCEED OFFICE AND A READING PROFICIENCY PANEL WITHIN THE OFFICE, AND TO PROVIDE RELATED REQUIREMENTS OF THE DEPARTMENT OF EDUCATION, STATE SUPERINTENDENT OF EDUCATION, SCHOOL DISTRICTS, COLLEGES, AND UNIVERSITIES THAT OFFER CERTAIN RELATED GRADUATE EDUCATION, AND EDUCATORS AND ADMINISTRATORS, AMONG OTHER THINGS.
Rep. PATRICK moved to adjourn debate on the Bill until Thursday, May 29, which was agreed to.
The following Bill was taken up:
S. 234 (Word version) -- Senators Coleman, Johnson and McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 67 TO TITLE 12 SO AS TO ENACT THE "SOUTH CAROLINA ABANDONED BUILDINGS REVITALIZATION ACT" WHICH PROVIDES THAT A TAXPAYER MAKING INVESTMENTS OF A CERTAIN SIZE IN REHABILITATING AN ABANDONED BUILDING MAY AT HIS OPTION RECEIVE SPECIFIED INCOME TAX CREDITS OR CREDITS AGAINST THE PROPERTY TAX LIABILITY.
Rep. HUGGINS moved to adjourn debate on the Bill until Tuesday, June 3, which was agreed to.
REP. G. R. SMITH made a statement relative to Rep. J. R. SMITH'S service in the House.
Rep. J. R. SMITH made a statement relative to his service in the House.
The following Bill was taken up:
H. 4520 (Word version) -- Reps. Herbkersman and Bowers: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT "UNCLE PRESTON'S LAW" TO ALLOW A TAXPAYER TO CLAIM THE FOUR PERCENT ASSESSMENT RATIO ON A RESIDENTIAL PROPERTY OTHER THAN THEIR LEGAL RESIDENCE IF THE ADDITIONAL RESIDENCE IS USED AS A RESIDENCE BY A FAMILY MEMBER WHO IS OVER THE AGE OF SIXTY-FIVE.
The Ways and Means Committee proposed the following Amendment No. 1 to H. 4520 (COUNCIL\BH\4520C001.BH.DG14), which was adopted:
Amend the bill, as and if amended, SECTION 2, page 1, by striking lines 29-38 and inserting:
/ "( )(i) Notwithstanding any other provision of law, a taxpayer meeting all the other requirements of this subsection may claim the four percent assessment ratio on a residential property other than their legal residence if the additional residence is used as a residence by a family member who is over the age of sixty-five or is permanently and totally disabled. This subitem does not apply if the family member pays rent. For purposes of this subitem, 'family member' means a parent, sibling, child, aunt, uncle, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, or grandchild. For purposes of this subitem, 'permanently and totally disabled' has the same meaning as provided in Section 12-37-250." /
Renumber sections to conform.
Amend title to conform.
Rep. HERBKERSMAN 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:
Those who voted in the affirmative are:
Anderson Anthony Atwater Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Brannon G. A. Brown Burns Clemmons Clyburn Cole H. A. Crawford K. R. Crawford Delleney Douglas Erickson Forrester Funderburk Gagnon Gambrell Goldfinch Hamilton Hardee Hardwick Hayes Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson King Knight Limehouse Loftis Lowe Lucas W. J. McLeod Merrill D. C. Moss V. S. Moss Murphy Nanney Newton Norman R. L. Ott Owens Parks Patrick Pitts Pope Riley Rivers Ryhal Sabb Sellers Simrill Skelton G. R. Smith J. E. Smith Sottile Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells White Whitmire Willis Wood
Those who voted in the negative are:
Alexander R. L. Brown Chumley Cobb-Hunter Crosby Daning Felder Long Mack McEachern M. S. McLeod Munnerlyn Norrell Ridgeway Southard Whipper
So, the Bill, as amended, was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. POPE moved that the House recur to the morning hour, which was agreed to.
The following was received:
Columbia, S.C., May 28, 2014
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:50 a.m., on Wednesday, May 28, for the purpose of ratifying Acts.
Very respectfully,
President
On motion of Rep. NORMAN the invitation was accepted.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5312 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 178 IN ORANGEBURG COUNTY FROM THE BOWMAN NATURE PARK TO ITS INTERSECTION WITH INTERSTATE HIGHWAY 95 "ARTHUR R. GLOVER MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THIS DESIGNATION.
Ordered for consideration tomorrow.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1296 (Word version) -- Senator S. Martin: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF UNITED STATES HIGHWAY 176 AND NEW HOPE CHURCH ROAD IN UNION COUNTY "JOAN BURGESS INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT EACH ENTRANCE OF THIS INTERSECTION THAT CONTAIN THIS DESIGNATION.
Ordered for consideration tomorrow.
The following Bill was taken up:
S. 1085 (Word version) -- Senators Campbell, Grooms, Matthews, McGill, O'Dell and Bennett: A BILL TO AMEND SECTION 4-37-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, RELATING TO THE USE OF LOCAL SALES AND USE TAX OR TOLL REVENUES TO FINANCE TRANSPORTATION INFRASTRUCTURE IN A COUNTY, SO AS TO PROVIDE A PROCEDURE FOR THE GOVERNING BODY OF A COUNTY IN WHICH THE TRANSPORTATION INFRASTRUCTURE LOCAL SALES AND USE TAX IS CURRENTLY IMPOSED FOR LESS THAN THE TWENTY-FIVE YEAR MAXIMUM IMPOSITION PERIOD, UPON REFERENDUM APPROVAL, MAY EXTEND WITHOUT INTERRUPTION THE INITIAL IMPOSITION FOR AN IMPOSITION PERIOD IN THE AGGREGATE NOT TO EXCEED TWENTY-FIVE YEARS, TO PROVIDE WHAT QUESTIONS MUST APPEAR ON THE REFERENDUM BALLOT, TO PROVIDE THAT A REFERENDUM FOR OTHER THAN THE INITIAL IMPOSITION OF THE TAX MAY BE HELD AT THE TIME OF EITHER A GENERAL OR SPECIAL ELECTION IN THE COUNTY, AS THE GOVERNING BODY OF THE COUNTY MAY DETERMINE, AND TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY IN WHICH THE TRANSPORTATION INFRASTRUCTURE LOCAL SALES AND USE TAX IS CURRENTLY IMPOSED, WITHIN TWO YEARS OF THE TERMINATION OF THE TAX OR THE ANTICIPATED TERMINATION OF THE TAX AND UPON REFERENDUM APPROVAL, MAY RENEW WITHOUT INTERRUPTION THE IMPOSITION OF THE TAX AND PROVIDE THAT NO MORE THAN ONE REFERENDUM RELATING TO THIS TAX BE HELD IN A CALENDAR YEAR.
Rep. WHITE explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Anthony Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen 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 Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell Gilliard Goldfinch Govan Hamilton Hardee Hardwick Hayes Henderson Herbkersman Hixon Hodges Horne Hosey Howard Huggins Jefferson King Knight Limehouse Loftis Long Lowe Lucas Mack McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Nanney Newton Norman Norrell R. L. Ott Owens Parks Patrick Pitts Pope Ridgeway Riley Rivers Robinson-Simpson Ryhal Sabb Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Southard Stavrinakis Stringer Tallon Taylor Thayer Vick Weeks Wells Whipper White Whitmire Willis Wood
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
S. 809 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 4-10-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CAPITAL PROJECTS SALES TAX, SO AS TO DELETE A PROVISION ALLOWING THE REFERENDUM FOR IMPOSITION OR REIMPOSITION TO BE HELD AT A TIME OTHER THAN AT THE TIME OF THE GENERAL ELECTION.
Rep. VICK moved to adjourn debate on the Bill until Thursday, May 29, which was agreed to.
The following Bill was taken up:
S. 535 (Word version) -- Senators Peeler, Alexander, L. Martin, McGill, Coleman, Jackson, Campbell, Setzler, Cromer, O'Dell, Sheheen, Turner, Fair, Ford, Nicholson, Hayes and Pinckney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 119, TITLE 59, ENACTING "THE CLEMSON UNIVERSITY ENTERPRISE ACT", SO AS TO ALLOW THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY BY RESOLUTION TO ESTABLISH AN ENTERPRISE DIVISION AS PART OF CLEMSON UNIVERSITY, TO PROVIDE THAT CERTAIN ASSETS, PROGRAMS, AND OPERATIONS OF CLEMSON UNIVERSITY MAY BE TRANSFERRED TO THE ENTERPRISE DIVISION, TO PROVIDE THAT THE ENTERPRISE DIVISION IS EXEMPT FROM VARIOUS STATE LAWS GOVERNING PROCUREMENT, HUMAN RESOURCES, PERSONNEL, AND DISPOSITION OF REAL AND PERSONAL PROPERTY WITH SOME SUCH EXEMPTIONS APPLYING AUTOMATICALLY AND OTHERS REQUIRING ADDITIONAL ACTIONS BY THE BOARD OF TRUSTEES, TO PROVIDE THAT BONDS, NOTES, OR OTHER EVIDENCE OF INDEBTEDNESS MAY BE ISSUED FOR THE ENTERPRISE DIVISION AND PROVIDE AUDIT AND REPORTING REQUIREMENTS; AND TO AMEND SECTIONS 8-11-260, 8-17-370, AND 11-35-710, ALL AS AMENDED, AND RELATING RESPECTIVELY TO EXEMPTIONS FROM STATE PERSONNEL ADMINISTRATIONS, THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, AND THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO ADD EXEMPTIONS CONFORMING TO THE CLEMSON UNIVERSITY ENTERPRISE ACT.
Rep. WHITE moved to adjourn debate on the Bill until Tuesday, June 3, which was agreed to.
The following Bill was taken up:
S. 1295 (Word version) -- Senator Coleman: A BILL TO AMEND SECTION 59-53-1710, AS AMENDED, CODE OF LAW OF SOUTH CAROLINA, 1976, RELATING TO THE MIDLANDS TECHNICAL COLLEGE COMMISSION, SO AS TO ADD ONE MEMBER FROM FAIRFIELD COUNTY, AND TO REVISE THE MANNER OF APPOINTING THE CHAIRMAN OF THE COMMISSION; AND TO AMEND SECTIONS 59-53-1720, 59-53-1730, 59-53-1740, AND 59-53-1750, ALL RELATING TO THE MIDLANDS TECHNICAL COLLEGE COMMISSION, SO AS TO MAKE CONFORMING CHANGES.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Anthony Atwater Bales Ballentine Bannister Bingham Bowen Branham Brannon R. L. Brown Burns Clemmons Clyburn Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Douglas Erickson Felder Finlay Forrester Gagnon Gilliard Hamilton Hardee Hardwick Harrell Hayes Henderson Herbkersman Hixon Hodges Hosey Huggins Jefferson King Knight Limehouse Loftis Long Mack McEachern M. S. McLeod W. J. McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Nanney Newton Norman Norrell R. L. Ott Parks Pitts Pope Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Sellers Simrill Skelton G. M. Smith J. E. Smith J. R. Smith Sottile Southard Stavrinakis Stringer Tallon Toole Vick Weeks Wells Whipper Willis Wood
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3075 (Word version) -- Reps. Rutherford, Gilliard, Knight and Mitchell: A BILL TO AMEND SECTION 14-7-1730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE PRESIDING JUDGE TO HEAR MATTERS ARISING FROM THE PROCEEDINGS OF THE STATE GRAND JURY, SO AS TO PROVIDE THAT A PERSON INDICTED BY A STATE GRAND JURY FOR A BAILABLE OFFENSE MUST HAVE A BOND HEARING WITHIN TWENTY-FOUR HOURS AND BE RELEASED WITHIN A REASONABLE TIME.
Rep. RUTHERFORD explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Anthony Atwater Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Branham Brannon G. A. Brown R. L. Brown Burns Chumley Clemmons Clyburn Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Dillard Douglas Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell Gilliard Goldfinch Govan Hamilton Hardwick Harrell Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson King Knight Limehouse Loftis Long Lowe Lucas Mack McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Newton Norman Norrell R. L. Ott Owens Parks Patrick Pitts Pope Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Southard Stavrinakis Stringer Tallon Taylor Thayer Toole Weeks Wells Whipper Whitmire Willis Wood
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
S. 988 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 27-2-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE SOUTH CAROLINA GEODETIC SURVEY (SCGS) WITH RESPECT TO DETERMINING COUNTY BOUNDARIES, SO AS TO AUTHORIZE AND DIRECT THE SCGS TO CLARIFY COUNTY BOUNDARIES AND MEDIATE BOUNDARY DISPUTES BETWEEN COUNTIES BY PROVIDING A PROCEDURE ALLOWING THE SCGS ADMINISTRATIVELY TO ADJUST COUNTY BOUNDARIES, TO PROVIDE THE PROCEDURES INCLUDING NOTICE THAT SCGS MUST FOLLOW IN MAKING SUCH ADJUSTMENTS, TO PROVIDE THAT AFFECTED PARTIES MAY APPEAL THESE ADJUSTMENTS TO THE ADMINISTRATIVE LAW COURT IN A DE NOVO HEARING, TO PROVIDE THE METHOD OF DETERMINING THE EFFECTIVE DATE OF THESE ADMINISTRATIVE COUNTY BOUNDARY ADJUSTMENTS AND THE NOTICE REQUIREMENTS FOR THESE ADJUSTMENTS TO BE EFFECTIVE AND TO PROVIDE THAT NOTHING CONTAINED IN THIS ADMINISTRATIVE PROCESS RESTRICTS THE AUTHORITY OF THE GENERAL ASSEMBLY BY LEGISLATIVE ENACTMENT TO ADJUST OR OTHERWISE CLARIFY COUNTY BOUNDARIES BY LEGISLATIVE ENACTMENT.
Rep. W. J. MCLEOD proposed the following Amendment No. 1 to S. 988 (COUNCIL\NBD\988C001.NBD.AC14), which was adopted:
Amend the bill, as and if amended, Section 27-2-105(A)(1), on page 2, by deleting 27-40 and inserting:
/ "Section 27-2-105. (A)(1) Where county boundaries are ill-defined, unmarked, or poorly marked, the South Carolina Geodetic Survey on a cooperative basis shall assist counties in defining and monumenting the locations of county boundaries and positioning the monuments using geodetic surveys. The South Carolina Geodetic Survey shall act as a mediator between counties to resolve county boundary disputes. The South Carolina Geodetic Survey (SCGS) shall seek to clarify the county boundaries as defined in Chapter 3, Title 4. The SCGS shall analyze archival and other evidence, and perform field surveys geographically to position all county boundaries in accordance with statutory descriptions. Physical and descriptive points defining boundaries must be referenced using South Carolina State Plane Coordinates. /
Renumber sections to conform.
Amend title to conform.
Rep. W. J. MCLEOD explained the amendment.
The amendment was then adopted.
Rep. W. J. MCLEOD explained the Bill.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Anthony Atwater Bales Ballentine Bannister Barfield 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 Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell Gilliard Goldfinch Govan Hamilton Hardee Hardwick Harrell Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Kennedy King Knight Limehouse Loftis Long Lowe Lucas Mack McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Nanney Neal Norman Norrell R. L. Ott Owens Parks Patrick Pitts Pope Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Sandifer Simrill Skelton G. M. Smith J. E. Smith J. R. Smith Sottile Southard Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper White Whitmire Willis Wood
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on S. 988, If I had been present, I would have voted in favor of the Bill.
Rep. Wm. Weston J. Newton
The following Bill was taken up:
H. 4413 (Word version) -- Reps. Limehouse, Sottile, Taylor, Sabb, Gilliard and Erickson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "REPORT-A-BULLY IN SCHOOL WEBSITE ACT"; BY ADDING SECTION 59-63-145 SO AS TO PROVIDE EACH SCHOOL DISTRICT SHALL DEVELOP A WEBSITE THROUGH WHICH A PERSON MAY ANONYMOUSLY REPORT ACTS OF HARASSMENT, INTIMIDATION, OR BULLYING OF A STUDENT AT SCHOOL; TO PROVIDE THE DISTRICT SHALL RESPOND TO COMPLAINTS RECEIVED BY MEANS OF THE WEBSITE IN A CERTAIN MANNER; TO IMPOSE RELATED REPORTING REQUIREMENTS ON THE DISTRICT; TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL DEVELOP RELATED GUIDELINES; AND TO PROVIDE THAT INFORMATION RECEIVED THROUGH THE WEBSITE IS NOT SUBJECT TO THE FREEDOM OF INFORMATION ACT.
Rep. BRANNON proposed the following Amendment No. 1 to H. 4413 (COUNCIL\BBM\4413C001.BBM.HTC14):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act must be known and may be cited as the "Report-a-Bully in School Act".
SECTION 2. Article 2, Chapter 63, Title 59 of the 1976 Code is amended by adding:
"Section 59-63-145. (A) Before September 1, 2014, each local school district shall include on its website a form that a student can complete online to report acts of harassment, intimidation, or bullying of a student in a school. This form must be called the 'Report-a-Bully in School Act' form, and a link to the form must be conspicuously displayed on the home page of the website for each district and school within the district. At a minimum, the form must include information about the date, location, the name and identifying information of the victim, and circumstances of the incident, along with the identity of the person who committed the incident. If the form is completed by a witness to the incident, the form must include all other information required and the name and identifying information of the reporting witness. This form, after being filed by a student or parent, must be accessible only to school officials and law enforcement. The school promptly shall investigate the allegations consistent with policies adopted by the district pursuant to the Safe School Climate Act. Each month the school shall report to the State Board of Education the number of acts reported by the form, the nature of each alleged act, whether the investigation of the report is pending or resolved, and if resolved, the date of the resolution.
(B) To assist local school districts in developing policies for providing a 'Report-a-Bully in School Act' form, the State Board of Education shall develop model policies concerning the development, implementation, and promotion of the form within thirty days after the effective date of this section. This model policy must include a template for a 'Report-a-Bully in School Act' form that a school may use for its website. The State Board of Education also shall develop and implement a program to promote awareness of the form, emphasizing that preserving the anonymity of the identity of a person making a report is of paramount importance unless a criminal charge is filed arising out of the incident.
(C) A report submitted through a 'Report-a-Bully in School Act' form is not subject to the South Carolina Freedom of Information Act, but may be discoverable if criminal charges are filed."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. BRANNON explained the amendment.
Rep. HAYES moved to adjourn debate on the Bill, which was not agreed to by a division vote of 19 to 32.
Rep. K. R. CRAWFORD requested debate on the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment 1.
At 11:50 a.m. the House attended in the Senate Chamber, where the following Act and Joint Resolution were duly ratified:
(R. 203, H. 5225 (Word version)) -- Reps. Lowe, K.R. Crawford, Williams and Lucas: AN ACT TO AMEND CHAPTER 23, TITLE 4, CODE OF LAWS OF 1976, RELATING TO JOINT COUNTY FIRE DISTRICTS BY ADDING ARTICLE 10 SO AS TO ESTABLISH THE WEST FLORENCE FIRE DISTRICT TO BE COMPOSED OF AREAS IN FLORENCE AND DARLINGTON COUNTIES, TO PROVIDE FOR A GOVERNING COMMISSION FOR THE DISTRICT AND ITS DUTIES, POWERS, AND FUNCTIONS, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
(R. 204, H. 5253 (Word version)) -- Reps. Murphy, Horne, Harrell, Mack and Knight: A JOINT RESOLUTION TO PROVIDE THAT NOTWITHSTANDING THE PROVISIONS OF A JOINT RESOLUTION OF 2014 BEARING RATIFICATION NUMBER 150 AND THE PROVISIONS OF SECTION 59-1-425, THE RESPECTIVE GOVERNING BODIES OF DORCHESTER SCHOOL DISTRICT TWO, THE BERKELEY COUNTY SCHOOL DISTRICT, AND THE SPARTANBURG COUNTY SCHOOL DISTRICTS MAY WAIVE THE REQUIREMENT THAT SCHOOLS MAKE UP FULL DAYS MISSED DUE TO INCLEMENT WEATHER FOR FIVE OR FEWER FULL SCHOOL DAYS THAT STUDENTS WHO ATTEND SCHOOLS OR CHARTER SCHOOLS IN THE DISTRICT MISSED DUE TO INCLEMENT WEATHER DURING THE 2013-2014 SCHOOL YEAR REGARDLESS OF WHETHER THE DISTRICT HAS EXHAUSTED ALL STATUTORILY REQUIRED MAKE-UP DAYS REMAINING ON THE 2013-2014 SCHOOL CALENDAR.
At 12:00 Noon the Senate appeared in the Hall of the House. Acting President Senator Larry Martin, 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. 5096 (Word version) -- Reps. Clemmons, Mack, Bannister, Whitmire, Henderson, McCoy, Delleney and Sandifer: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, MAY 28, 2014, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 7, 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 CIRCUIT COURT, TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2018, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, SIXTEENTH 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 A CERTAIN JUDGE OF THE FAMILY COURT, ELEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2016, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE; AND AS THE DATE TO MEET IN JOINT SESSION FOR THE PURPOSE OF ELECTING A MEMBER OF THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY, AT-LARGE SEAT TEN, WHOSE TERM EXPIRES JUNE 30, 2015; AND AS THE DATE TO MEET IN JOINT SESSION FOR THE PURPOSE OF ELECTING A SUCCESSOR TO A CERTAIN REPRESENTATIVE OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2018; TO ELECT A SUCCESSOR TO A CERTAIN REPRESENTATIVE OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2018; TO ELECT A SUCCESSOR TO A CERTAIN REPRESENTATIVE OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2018; AND AS THE DATE TO MEET IN JOINT SESSION FOR THE PURPOSE OF ELECTING SUCCESSOR MEMBERS TO THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEATS 2, 3, AND 4, SO AS TO FILL THE TERMS WHICH EXPIRE APRIL 14, 2014; AND AS THE DATE TO MEET IN JOINT SESSION FOR THE PURPOSE OF ELECTING THREE SUCCESSOR MEMBERS TO FILL VACANCIES OR EXPIRED TERMS ON THE LEGISLATIVE AUDIT COUNCIL PURSUANT TO SECTION 2-15-10 FROM THE CANDIDATES NOMINATED BY THE LEGISLATIVE AUDIT COUNCIL NOMINATING COMMITTEE PURSUANT TO SECTION 2-15-10, SO AS TO FILL THE TERMS WHICH EXPIRE JUNE 30, 2019.
ELECTION OF A COURT OF APPEALS JUDGE, CIRCUIT COURT JUDGES, A FAMILY COURT JUDGE, A MEMBER OF WINTHROP UNIVERSITY BOARD OF TRUSTEES, SOUTH CAROLINA PUBLIC SERVICE COMMISSION MEMBERS, SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION MEMBERS, AND LEGISLATIVE AUDIT COUNCIL MEMBERS
The ACTING PRESIDENT, Sen. Larry Martin, announced that nominations were in order for a Court of Appeals Judge, Seat 7.
Rep. CLEMMONS, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Blake Alexander Hewitt, the Honorable David Garrison Hill, and the Honorable Stephanie Pendarvis.
Rep. CLEMMONS stated that Blake Alexander Hewitt and the Honorable David Garrison Hill had withdrawn from the race and placed the names of the remaining candidate, the Honorable Stephanie Pendarvis in nomination.
On the motion of Rep. CLEMMONS, nominations were closed and the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon the Honorable Stephanie Pendarvis was duly elected for the term prescribed by law.
The ACTING PRESIDENT, Sen. Larry Martin, announced that nominations were in order for a Circuit Court Judge, Tenth 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: R. Scott Sprouse.
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 R. Scott Sprouse was duly elected for the term prescribed by law.
The ACTING PRESIDENT, Sen. Larry Martin, announced that nominations were in order for a Circuit Court Judge, Sixteenth Judicial Circuit, Seat 2.
Rep. CLEMMONS, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Daniel Dewitt Hall, William Angus McKinnon, and James Michael Morton.
Rep. CLEMMONS stated that William Angus McKinnon and James Michael Morton had withdrawn from the race and placed the names of the remaining candidate, Daniel Dewitt Hall in nomination.
On the 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 Daniel Dewitt Hall was duly elected for the term prescribed by law.
The ACTING PRESIDENT, Sen. Larry Martin, announced that nominations were in order for a Family Court Judge, Eleventh Judicial Circuit, Seat 1.
Rep. CLEMMONS, on behalf of the Judicial Merit Selection Commission, stated that the following candidates had been screened and found qualified: Sara McMahon Bunge, William Gregory Seigler, and Rebecca Brown West.
Rep. CLEMMONS stated that Sara McMahon Bunge and Rebecca Brown West had withdrawn from the race and placed the names of the remaining candidate, William Gregory Seigler, in nomination.
On the 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, William Gregory Seigler was duly elected for the term prescribed by law.
AT-LARGE, SEAT 10
The ACTING PRESIDENT, Sen. Larry Martin, announced that nominations were in order for the At-Large Seat, Seat 10.
Sen. Peeler, on behalf of the Joint Screening Committee, stated that Glenn McCall had been screened and found qualified.
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, ACTING PRESIDENT, Sen. Larry Martin, announced that Glenn McCall was duly elected for the term prescribed by law.
SEAT 2
The ACTING PRESIDENT, Sen. Larry Martin, announced that nominations were in order for a Commissioner, Seat 2.
Sen. Alexander, on behalf of the Joint Screening Committee, stated that Elliott F. Elam, Jr., and Brent L. McGee had been screened and found qualified.
Sen. Alexander stated that Brent L. McGee had withdrawn and placed the name of the remaining candidate, Elliott F. Elam, Jr., in nomination.
On motion of Sen. Alexander, nominations were closed, and with unanimous consent, the vote was taken by acclamation resulting in the election of the nominee.
Whereupon, the ACTING PRESIDENT announced that Elliott F. Elam, Jr., was duly elected for the term prescribed by law.
The ACTING PRESIDENT, Sen. Larry Martin, announced that nominations were in order for a Commissioner, Seat 4.
Sen. Alexander, on behalf of the Joint Screening Committee, stated that Elizabeth "Lib" Fleming and William "Kevin" Newman had been screened and found qualified.
Sen. Alexander stated that William "Kevin" Newman had withdrawn and placed the name of the remaining candidate, Elizabeth "Lib" Fleming, in nomination.
On motion of Sen. Alexander, nominations were closed, and with unanimous consent, the vote was taken by acclamation resulting in the election of the nominee.
Whereupon, the ACTING PRESIDENT announced that Elizabeth "Lib" Fleming was duly elected for the term prescribed by law.
The ACTING PRESIDENT, Sen. Larry Martin, announced that nominations were in order for a Commissioner, Seat 6.
Sen. Alexander, on behalf of the Joint Screening Committee, stated that Nikiya "Nikki" Hall had been screened and found qualified.
On the motion of Sen. Alexander, nominations were closed and with unanimous consent, the vote was taken acclamation, resulting in the election of the nominee.
Whereupon, the ACTING PRESIDENT announced that Nikiya "Nikki" Hall was duly elected for the term prescribed by law.
The ACTING PRESIDENT, Sen. Larry Martin, announced that nominations were in order for three seats on the S.C. Consumer Affairs Commission.
Sen. Hayes, Chairman of the Screening Committee to Review Candidates for the Consumer Affairs Commission, stated that the following candidates had been screened and found qualified: Donald, H. Jackson, Carlisle Kennedy, and Eboni Nelson.
On motion of Sen. Hayes, nominations were closed, and with unanimous consent, the vote was taken by acclamation resulting in the election of the nominees.
Whereupon the ACTING PRESIDENT announced Donald H. Jackson, Carlisle Kennedy, and Eboni Nelson were duly elected for the terms prescribed by law.
The ACTING PRESIDENT, Sen. Larry Martin, recognized Sen. Hayes on behalf of the Legislative Audit Council Screening Committee.
Sen. Hayes, of the Joint Screening Committee for the Legislative Audit Council, stated that the following candidates had been screened and found qualified: Philip F. Laughridge, Jane Pike Miller, and Charles L. A. Terreni, and placed their names in nomination.
On the motion of Sen. Hayes, nominations were closed and with unanimous consent, the vote was taken acclamation, resulting in the election of the nominees.
Whereupon, the ACTING PRESIDENT announced that Philip F. Laughridge, Jane Pike Miller, and Charles L. A. Terreni were duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, ACTING PRESIDENT Sen. Larry Martin, announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:19 p.m. the House resumed, the SPEAKER in the Chair.
Rep. GAGNON moved that the House recede until 2:30 p.m., which was agreed to.
At 2:30 p.m. the House resumed, ACTING SPEAKER ROBINSON-SIMPSON in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. ANTHONY a leave of absence for the remainder of the day to attend a funeral.
The SPEAKER granted Rep. MURPHY a leave of absence for the remainder of the day.
The SPEAKER granted Rep. J. R. SMITH a leave of absence for the remainder of the day.
The SPEAKER granted Rep. HIXON a temporary leave of absence.
The SPEAKER granted Rep. RILEY a temporary leave of absence.
The SPEAKER granted Rep. VICK a temporary leave of absence.
On motion of Rep. PITTS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 894 (Word version) -- Senators Massey and Alexander: A BILL TO AMEND CHAPTER 1, TITLE 14 OF THE 1976 CODE, RELATING TO GENERAL PROVISIONS APPLICABLE TO COURTS, BY ADDING SECTION 14-1-240, TO PROVIDE THAT A FIVE DOLLAR SURCHARGE TO FUND TRAINING AT THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY SHALL BE LEVIED ON ALL FINES, FORFEITURES, ESCHEATMENTS, OR OTHER MONETARY PENALTIES IMPOSED IN THE GENERAL SESSIONS COURT OR IN MAGISTRATES OR MUNICIPAL COURT FOR MISDEMEANOR TRAFFIC OFFENSES OR FOR NONTRAFFIC VIOLATIONS.
The Veto on the following Act was taken up:
(R. 201) H. 5024 (Word version) -- Rep. Sellers: AN ACT TO ALLOW THE BOARD OF TRUSTEES OF DENMARK-OLAR SCHOOL DISTRICT NO. 2 IN BAMBERG COUNTY TO IMPOSE A CAPITAL MILLAGE TO PROVIDE SCHOOL BUILDINGS IN THE DISTRICT, INCLUDING ANY ASSOCIATED LEASE PAYMENTS, AND TO MAKE FINDINGS THAT ILLUSTRATE THE UNIQUE ISSUES FACING THE DISTRICT.
Rep. SELLERS explained the Veto.
Rep. STAVRINAKIS spoke against the Veto.
Rep. NEWTON spoke in favor of the Veto.
Rep. SELLERS spoke against the Veto.
The question was put, shall the Act become a part of the law, the Veto of her Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Barfield Bernstein Bowers Brannon G. A. Brown R. L. Brown Clyburn Cobb-Hunter H. A. Crawford Dillard Douglas Funderburk Gagnon Gambrell George Goldfinch Govan Hardee Hardwick Harrell Hart Hayes Hodges Hosey Howard Jefferson Knight Mack McEachern M. S. McLeod W. J. McLeod Mitchell Munnerlyn Norrell R. L. Ott Parks Pitts Ridgeway Robinson-Simpson Rutherford Sabb Sellers Skelton J. E. Smith Southard Spires Stavrinakis Vick Weeks Whipper
Those who voted in the negative are:
Atwater Bedingfield Burns Chumley K. R. Crawford Crosby Daning Erickson Felder Forrester Henderson Herbkersman Hiott Kennedy Limehouse Loftis Long Lowe Lucas Merrill D. C. Moss Nanney Newton Norman Patrick Pope Quinn Rivers Ryhal Simrill G. R. Smith Sottile Stringer Tallon Thayer Toole Wells Willis Wood
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4701 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2014, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Rep. WHITE moved to adjourn debate upon the Senate Amendments until Thursday, May 29, which was agreed to.
The Senate Amendments to the following Joint Resolution were taken up for consideration:
H. 4702 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2013-2014, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.
Rep. WHITE moved to adjourn debate upon the Senate Amendments until Thursday, May 29, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
S. 657 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO MAGISTRATE JURY AREAS IN EACH COUNTY, SO AS TO REVISE AND UPDATE THE TERRITORIAL DESCRIPTIONS OF THE JURY AREAS AND PROVIDE REFERENCES TO PUBLIC MAPS SHOWING THE JURY AREAS.
Rep. DELLENEY explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atwater Barfield Bedingfield Bingham Bowen Bowers Brannon Burns Chumley Clemmons Cole H. A. Crawford K. R. Crawford Delleney Douglas Erickson Felder Finlay Forrester Gagnon Gambrell George Goldfinch Hardee Hardwick Harrell Hayes Henderson Herbkersman Hiott Hixon Horne Huggins Kennedy Limehouse Loftis Long Lowe Lucas Merrill D. C. Moss V. S. Moss Nanney Newton Norman Norrell Patrick Pitts Pope Riley Rivers Ryhal Simrill Skelton G. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Toole Vick Wells Whitmire Willis Wood
Those who voted in the negative are:
Bernstein G. A. Brown R. L. Brown Clyburn Cobb-Hunter Crosby Daning Dillard Funderburk Hodges Hosey Jefferson Knight Mack McEachern M. S. McLeod W. J. McLeod Mitchell Munnerlyn R. L. Ott Parks Quinn Ridgeway Robinson-Simpson Rutherford Sabb Sellers G. M. Smith J. E. Smith Southard Stavrinakis Weeks Whipper
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.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3626 (Word version) -- Reps. Lucas, Williams, Munnerlyn, Lowe, Bannister, Finlay and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-515 SO AS TO PROVIDE THAT THE OWNER OF A "MOTORSPORTS ENTERTAINMENT COMPLEX" LOCATED IN THIS STATE OR HIS DESIGNEE MAY APPLY FOR AND BE ISSUED AN ANNUAL LICENSE WHICH AUTHORIZES THE PURCHASE, SALE, AND CONSUMPTION OF BEER AND WINE AT ANY OCCASION HELD ON THE GROUNDS OF THE COMPLEX YEAR ROUND ON ANY DAY OF THE WEEK, TO PROVIDE FOR THE TERMS AND CONDITIONS FOR THIS ANNUAL LICENSE, INCLUDING THE FEE, AND TO PROVIDE FOR OTHER MATTERS RELATING TO THE ADMINISTRATION OF THIS LICENSE AND APPLICABLE ALCOHOLIC BEVERAGE CONTROL LAWS IN CONNECTION WITH THE USE OF THIS LICENSE; AND BY ADDING SECTION 61-6-2016 SO AS TO PROVIDE THAT THE OWNER OF A "MOTORSPORTS ENTERTAINMENT COMPLEX", OR HIS DESIGNEE, ALSO MAY BE ISSUED, UPON APPLICATION, AN ANNUAL LICENSE THAT AUTHORIZES THE PURCHASE, SALE, AND CONSUMPTION OF ALCOHOLIC LIQUORS BY THE DRINK AT ANY OCCASION HELD ON THE GROUNDS OF THE COMPLEX UNDER THE SAME SPECIFIED TERMS AND CONDITIONS AS PROVIDED FOR BEER AND WINE PERMITS.
Rep. SIMRILL moved to adjourn debate upon the Senate Amendments until Thursday, May 29, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4560 (Word version) -- Reps. G. M. Smith and Weeks: A BILL TO AMEND SECTION 17-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESTRUCTION OR EXPUNGEMENT OF CERTAIN ARREST AND BOOKING RECORDS UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE FOR THE RETENTION OF EVIDENCE GATHERED, INCIDENT REPORTS, AND INVESTIGATIVE FILES PRODUCED AS A RESULT OF A LAW ENFORCEMENT ACTION, TO PROVIDE THAT THESE MATERIALS ARE NOT SUBJECT TO AN EXPUNGEMENT ORDER, AND AUTHORIZE REDACTION OF CERTAIN INFORMATION FOLLOWING A NO CONVICTION DISPOSITION OF THE CRIMINAL CHARGE.
Rep. WEEKS made the Point of Order that the Senate Amendments were 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 such reading.
The SPEAKER sustained the Point of Order.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4408 (Word version) -- Reps. Horne and Weeks: A BILL TO AMEND SECTION 63-11-1930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO ADD TWO MEMBERS TO THE COMMITTEE; TO AMEND SECTION 63-11-1940, RELATING TO THE DUTIES OF THE STATE LAW ENFORCEMENT DIVISION'S DEPARTMENT OF CHILD FATALITIES, SO AS TO DELETE CERTAIN PROVISIONS REQUIRING THE DEPARTMENT TO PROCEED WITH AN INVESTIGATION OR TO CLOSE A CASE; AND TO MAKE TECHNICAL CORRECTIONS.
Rep. HORNE explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atwater Barfield Bedingfield Bernstein Bingham Bowen Bowers Brannon G. A. Brown R. L. Brown Burns Chumley Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Dillard Douglas Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Goldfinch Govan Hardee Hardwick Harrell Hart Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Huggins Jefferson Kennedy Knight Limehouse Loftis Long Lowe Lucas Mack McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Nanney Newton Norman Norrell R. L. Ott Parks Patrick Pope Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Simrill Skelton G. M. Smith G. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper White Whitmire Willis Wood
Those who voted in the negative are:
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.
The following Bill was taken up:
S. 1070 (Word version) -- Senator Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-525 SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES THE AUTHORITY TO PROMULGATE REGULATIONS GOVERNING CERTAIN AREAS TO ESTABLISH SEASONS, DATES, AREAS, BAG LIMITS, AND OTHER RESTRICTIONS FOR HUNTING AND TAKING WILD TURKEY; AND TO AMEND SECTION 50-11-520, AS AMENDED, 50-11-530, 50-11-540, AND 50-11-544, ALL RELATING TO THE DEPARTMENT OF NATURAL RESOURCES' REGULATION OF THE HUNTING OF WILD TURKEYS, SO AS TO REVISE THE SEASON FOR THE HUNTING AND TAKING OF MALE WILD TURKEYS, TO ESTABLISH "SOUTH CAROLINA YOUTH TURKEY HUNTING DAY", TO ESTABLISH BAG LIMITS FOR THE TAKING OF MALE WILD TURKEYS, TO PROVIDE THAT THE DEPARTMENT MUST CONDUCT AN ANALYSIS OF THE STATE'S WILD TURKEY RESOURCES AND ISSUE A REPORT TO THE GENERAL ASSEMBLY WHICH RECOMMENDS CHANGES TO THE WILD TURKEY SEASON AND BAG LIMITS, TO REVISE THE DEPARTMENT'S AUTHORITY TO REGULATE THE HUNTING OF WILD TURKEYS, AND TO ALLOW IT TO PROMULGATE EMERGENCY REGULATIONS FOR THE PROPER CONTROL OF THE HARVESTING OF WILD TURKEYS, TO REVISE THE PENALTIES FOR VIOLATING THE PROVISIONS THAT REGULATE THE HUNTING OF WILD TURKEY, AND TO PROVIDE THAT ALL WILD TURKEY TRANSPORTATION TAGS MUST BE VALIDATED AS PRESCRIBED BY THE DEPARTMENT BEFORE A TURKEY IS MOVED FROM THE POINT OF KILL.
The Bill was read the third time and ordered returned to the Senate with amendments.
The following Concurrent Resolution was taken up:
H. 5291 (Word version) -- Rep. Munnerlyn: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF THE CHERAW HIGHWAY IN MARLBORO COUNTY FROM ITS INTERSECTION WITH WEST MAIN STREET IN THE CITY OF BENNETTSVILLE TO ITS INTERSECTION WITH THE MARLBORO/CHESTERFIELD COUNTY LINE THE "JAMES S. 'JIMMY' MCLEOD, SR. MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THIS DESIGNATION.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. MERRILL.
The following Bill was taken up:
H. 5072 (Word version) -- Reps. K. R. Crawford, Hosey, Anderson, Bannister, Finlay, Brannon, Burns, Clyburn, Erickson, Sandifer, Bales, Barfield, Clemmons, Crosby, Daning, Goldfinch, Hamilton, Hardwick, Hayes, Henderson, Loftis, Lowe, V. S. Moss, Nanney, Pitts, Ryhal, G. R. Smith, Sottile, Stringer, Thayer, Wells, White and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-7-1655 SO AS TO ESTABLISH PROTOCOLS FOR THE APPOINTMENT OF A SPECIAL PROSECUTOR FOR CONSTITUTIONAL OFFICERS AND CERTAIN OTHER OFFICERS ALLEGED TO HAVE COMMITTED CRIMINAL VIOLATIONS OF CHAPTER 13, TITLE 8 OR ALLEGED TO HAVE COMMITTED AN ACT OF PUBLIC CORRUPTION.
Rep. K. R. CRAWFORD moved to adjourn debate on the Bill until Wednesday, June 4, which was agreed to.
The following Joint Resolution was taken up:
H. 5073 (Word version) -- Reps. K. R. Crawford, Anderson, Finlay, Brannon, Bannister, Erickson, Burns, Williams, Hosey, Sandifer, Bales, Barfield, Clemmons, Crosby, Daning, Goldfinch, Hamilton, Hardwick, Hayes, Henderson, Loftis, Lowe, V. S. Moss, Nanney, Pitts, Ryhal, G. R. Smith, Sottile, Stringer, Thayer, Wells, White and Whitmire: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THOSE CONSTITUTIONAL OFFICERS PROVIDED FOR THE ENFORCEMENT AND PROSECUTION OF THE CRIMINAL LAWS OF THIS STATE, ADMINISTRATIVE FUNCTIONS OF THE COURTS, THE AUTHORITY OF THE GENERAL ASSEMBLY TO PROVIDE FOR THEIR QUALIFICATIONS, DUTIES, AND COMPENSATION, AND THE AUTHORITY OF THE ATTORNEY GENERAL AS THE CHIEF PROSECUTING OFFICER OF THE STATE WITH SUPERVISORY AUTHORITY OVER THE PROSECUTION OF ALL CRIMINAL CASES IN COURTS OF RECORD, SO AS TO DELETE LANGUAGE PROVIDING THAT THE ATTORNEY GENERAL IS THE CHIEF PROSECUTING OFFICER OF THE STATE WITH AUTHORITY TO SUPERVISE THE PROSECUTION OF ALL CRIMINAL CASES IN COURTS OF RECORD.
Rep. K. R. CRAWFORD moved to adjourn debate on the Joint Resolution until Wednesday, June 4, which was agreed to.
The following Bill was taken up:
H. 5126 (Word version) -- Reps. Tallon, Allison, Patrick, Burns, Atwater, Bannister, Chumley, Erickson, Forrester, Gagnon, Hardee, Loftis, D. C. Moss, Norrell and Ryhal: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-13-180 SO AS TO PROVIDE THAT ANY PUBLIC, PRIVATE, OR NONPROFIT ENTITY WHICH IS ENGAGED IN HELPING TO REHABILITATE AND REINTRODUCE PAROLED PRISON INMATES INTO THE COMMUNITY AND WHICH AS A PART OF ITS PROGRAM PROVIDES RESIDENTIAL HOUSING IN THE COMMUNITY TO THESE PAROLEES MUST PROVIDE NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COMMUNITY OF THE ADDRESSES WHERE THESE RESIDENTIAL HOUSING FACILITIES WILL BE LOCATED, AND ALSO MUST CONDUCT A PUBLIC HEARING REGARDING THE PROGRAM AND THE LOCATION OF THESE RESIDENTIAL HOUSING FACILITIES IN THE COMMUNITY WHERE THEY WILL BE LOCATED.
Rep. TALLON moved to adjourn debate on the Bill until Thursday, May 29, which was agreed to.
Rep. COLE moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
H. 3512 (Word version) -- Reps. Quinn and J. E. Smith: A BILL TO AMEND TITLE 61, RELATING TO THE ALCOHOLIC BEVERAGE LAWS, SO AS TO AMEND SECTION 61-6-1560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCOUNTS ON ALCOHOLIC LIQUORS OR NONALCOHOLIC ITEMS, SO AS TO ALLOW A RETAIL DEALER TO OFFER DISCOUNTS AT THE REGISTER THROUGH THE USE OF PREMIUMS, COUPONS, OR STAMPS, SO LONG AS THE COST RELATED TO THE DISCOUNT IS PROVIDED ONLY BY THE RETAIL DEALER AND IS NOT PROHIBITED BY FEDERAL LAW; TO AMEND SECTION 61-4-1515, RELATING TO SALES OF BEER IN BREWERIES SO AS TO PROVIDE FOR EATING ESTABLISHMENTS AT BREWERIES; AND TO AMEND SECTION 61-6-1500, RELATING TO RESTRICTIONS ON RETAIL DEALERS OF CERTAIN ALCOHOLIC PRODUCTS, SO AS TO PROHIBIT CERTAIN TRANSACTIONS TO ANOTHER RETAIL DEALER IN CERTAIN SITUATIONS, TO PROHIBIT CERTAIN TRANSACTIONS BETWEEN LOCATIONS OWNED BY THE SAME RETAIL DEALER, AND TO PROVIDE ADDITIONAL PENALTIES.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bedingfield Bernstein Bingham Bowen 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 Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Goldfinch Govan Hardee Harrell Hart Hayes Henderson Herbkersman Hixon Hodges Horne Hosey Howard Huggins Jefferson Kennedy Knight Limehouse Long Lowe Lucas McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Nanney Neal Newton Norman Norrell R. L. Ott Owens Parks Patrick Pope Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Vick Weeks Wells Whipper White Whitmire Willis Wood
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. COLE, MERRILL and RUTHERFORD to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The following Bill was taken up:
S. 275 (Word version) -- Senators L. Martin, Hembree and Malloy: A BILL TO AMEND SECTION 23-1-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY TRANSFER OR ASSIGNMENT OF A MUNICIPAL OR COUNTY LAW ENFORCEMENT OFFICER TO A MULTIJURISDICTIONAL TASK FORCE, SO AS TO MAKE A TECHNICAL CHANGE, DELETE THE PROVISION THAT REQUIRES A COUNTY OR MUNICIPALITY THAT SENDS AN OFFICER TO ANOTHER COUNTY OR MUNICIPALITY TO BE REIMBURSED FOR SERVICES BY THE COUNTY OR MUNICIPALITY TO WHICH THE OFFICER IS TRANSFERRED OR ASSIGNED, AND TO PROVIDE THAT THE GOVERNING BODIES OF THE POLITICAL SUBDIVISIONS AFFECTED BY THIS PROVISION MUST BE NOTIFIED BY THEIR LAW ENFORCEMENT DIVISIONS OF ANY MULTIJURISDICTIONAL TASK FORCE AGREEMENT EXECUTION AND TERMINATION.
Rep. K. R. CRAWFORD moved to adjourn debate on the Bill until Thursday, May 29, which was agreed to.
The following Bill was taken up:
S. 4 (Word version) -- Senators Scott, Malloy, Setzler, Matthews, Allen, Coleman, Ford, Hutto, Jackson, Johnson, Lourie, McElveen, McGill, Nicholson, Pinckney, Reese, Sheheen, Williams and Bryant: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-25 SO AS TO ESTABLISH EARLY VOTING PROCEDURES; TO AMEND SECTION 7-3-20, AS AMENDED, RELATING TO DUTIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO FURTHER DEFINE HIS DUTIES; AND TO AMEND SECTION 7-15-320, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO INCLUDE VOTING DURING THE EARLY VOTING PERIOD.
The Committee on Judiciary proposed the following Amendment No. 1 to S. 4 (COUNCIL\GGS\4C001.GGS.ZW14):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 1, Chapter 13, Title 7 of the 1976 Code is amended by adding:
"Section 7-13-25. (A) Notwithstanding the provisions of this chapter or Chapter 5 of this title, the authority charged by law with conducting an election shall establish a procedure by which a qualified elector may cast his ballot, without excuse, during an early voting period for all elections. The qualified elector may cast a ballot during an early voting period pursuant to this section.
(B) An early voting center must be established and maintained to ensure that voters may cast only one ballot.
(C) A qualified elector may cast his ballot at an early voting center in the county in which he resides.
(D) Each county board of registration and elections must establish at least one early voting center. The county board of registration and elections will determine the locations of the early voting center that must be located in a public building within the county seat or another location. Each early voting center must be supervised by election commission employees.
(E) The early voting period begins nine days before an election and ends the day prior to the election, exclusive of Sundays.
(F) The county board of registration and elections shall determine the hours of operation for the early voting center; however, the early voting center must be open for two Saturdays within the early voting period for statewide primaries and general elections, and the center must be open a minimum of five hours between the hours of 9:00 a.m. and 5:00 p.m. each day it is open for voting. The early voting center must close at 5:00 p.m. on the final day of early voting, the Monday immediately preceding election day.
(G) A sign must be posted prominently in the early voting center and shall have printed on it:
'VOTING MORE THAN ONCE IS A MISDEMEANOR AND, UPON CONVICTION, A PERSON MUST BE FINED IN THE DISCRETION OF THE COURT OR IMPRISONED NOT MORE THAN THREE YEARS'."
SECTION 2. Article 1, Chapter 13, Title 7 of the 1976 Code is amended by adding:
"Section 7-13-200. (A) An entity authorized by law to conduct an election shall conduct this event, at which qualified electors are allowed to cast a ballot, on one of four dates as provided in subsection (B).
(B) The dates on which an election event may be held are:
(1) the second Tuesday in March;
(2) the second Tuesday in June;
(3) the second Tuesday in September; or
(4) the Tuesday after the first Monday in November.
(C) Notwithstanding another provision of law, if an entity is required to conduct an election event, it must be conducted on one of the four dates established in subsection (B) after and nearest to the date established by another provision of law.
(D) A person having been elected and currently serving a term in office that has an election date other than one of those dates listed in subsection (B) must have his term of office extended to allow for an election to occur nearest the date provided by subsection (B).
(E) The provisions of this section do not apply to amendments proposed to the Constitution of this State or the United States Constitution."
SECTION 3. Section 7-3-20(C) of the 1976 Code, as last amended by Act 265 of 2012, is further amended by adding:
"(14) enter into the master file a separate designation each for voters casting absentee ballots and early ballots in a general election."
SECTION 4. Section 7-15-320 of the 1976 Code, as last amended by Act 43 of 2011, is further amended to read:
"Section 7-15-320. (A) A qualified elector in any of the following categories must be permitted to vote by absentee ballot in all elections when he is absent from his county of residence on election day during the hours the polls are open, to an extent that it prevents him from voting in person:
(1) students, their spouses, and dependents residing with them;
(2) members of the Armed Forces and Merchant Marines of the United States, their spouses, and dependents residing with them;
(3) persons serving with the American Red Cross or with the United Service Organizations (USO) who are attached to and serving with the Armed Forces of the United States, their spouses, and dependents residing with them;
(4) governmental employees, their spouses, and dependents residing with them;
(5) persons on vacation (who by virtue of vacation plans will be absent from their county of residence on election day); or
(6) overseas citizens.
(B) A qualified elector in any of the following categories must be permitted to vote by absentee ballot in all elections, whether or not he is absent from his county of residence on election day:
(1) physically disabled persons;
(2) persons whose employment obligations require that they be at their place of employment during the hours that the polls are open and present written certification of that obligation to the county registration board;
(3) certified poll watchers, poll managers, county voter registration board members and staff, county and state election commission members and staff working on election day;
(4) persons attending sick or physically disabled persons;
(5) persons admitted to hospitals as emergency patients on the day of an election or within a four-day period before the election;
(6) persons with a death or funeral in the family within a three-day period before the election;
(7) persons who will be serving as jurors in a state or federal court on election day;
(8) persons sixty-five years of age or older; or
(9) persons confined to a jail or pretrial facility pending disposition of arrest or trial.
(A) A qualified elector may vote during the early voting period pursuant to Section 7-13-25.
(B) A qualified elector in any of the following categories must be permitted to vote by absentee ballot in all elections:
(1) students, their spouses, and dependents residing with them;
(2) members of the Armed Forces and Merchant Marines of the United States, their spouses, and dependents residing with them;
(3) persons serving with the American Red Cross or with the United Service Organization (USO) who are attached to and serving with the Armed Forces of the United States, their spouses, and dependents residing with them;
(4) physically disabled persons who are, pursuant to certification by a physician, unable to vote in person at either a polling place or early voting center because of their physical disability;
(5) overseas citizens;
(6) persons sixty-five years of age or older;
(7) persons confined to a jail or pretrial facility pending disposition of arrest or trial;
(8) certified poll watchers, poll managers, county voter registration board members and staff, county and state election commission members and staff working on election day;
(9) persons admitted to hospitals as emergency patients on the day of an election or within a four-day period before the election;
(10) persons who will be serving as jurors in a state or federal court on election day;
(11) persons on vacation, who by virtue of vacation plans will be absent from their county of residence on election day; or
(12) persons attending sick or physically disabled."
SECTION 5. Sections 7-13-1620 and 7-15-470 of the 1976 Code are repealed.
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS moved to adjourn debate on the amendment, which was agreed to.
Rep. CLEMMONS proposed the following Amendment No. 3 to S. 4 (COUNCIL\GGS\4C004.GGS.ZW14):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 1, Chapter 13, Title 7 of the 1976 Code is amended by adding:
"Section 7-13-25. (A) Notwithstanding the provisions of this chapter or Chapter 5 of this title, the authority charged by law with conducting an election shall establish a procedure by which a qualified elector may cast his ballot, without excuse, during an early voting period for all elections. The qualified elector may cast a ballot during an early voting period pursuant to this section.
(B) An early voting center must be established and maintained to ensure that voters may cast only one ballot.
(C) A qualified elector may cast his ballot at an early voting center in the county in which he resides.
(D) Each county board of registration and elections must establish one early voting center and those counties with a population of at least one hundred and thirty thousand may establish an additional early voting center. The county board of registration and elections will determine the locations of any early voting center. Any early voting center must be located in a county or municipal owned building with a permanent address and must be supervised by election commission employees.
(E) The early voting period begins nine days before an election and ends the day prior to the election, exclusive of Sundays.
(F) The county board of registration and elections shall determine the hours of operation for the early voting center; however, the early voting center must be open for two Saturdays within the early voting period for statewide primaries and general elections, and the center must be open a minimum of five hours between the hours of 9:00 a.m. and 5:00 p.m. each day it is open for voting. The early voting center must close at 5:00 p.m. on the final day of early voting, the Monday immediately preceding election day.
(G) A sign must be posted prominently in the early voting center and shall have printed on it:
'VOTING MORE THAN ONCE IS A MISDEMEANOR AND, UPON CONVICTION, A PERSON MUST BE FINED IN THE DISCRETION OF THE COURT OR IMPRISONED NOT MORE THAN THREE YEARS'."
SECTION 2. Article 1, Chapter 13, Title 7 of the 1976 Code is amended by adding:
"Section 7-13-200. (A) An entity authorized by law to conduct an election shall conduct this event, at which qualified electors are allowed to cast a ballot, on one of four dates as provided in subsection (B).
(B) The dates on which an election event may be held are:
(1) the second Tuesday in March;
(2) the second Tuesday in June;
(3) the second Tuesday in September; or
(4) the Tuesday after the first Monday in November.
(C) Notwithstanding another provision of law, if an entity is required to conduct an election event, it must be conducted on one of the four dates established in subsection (B) after and nearest to the date established by another provision of law.
(D) A person having been elected and currently serving a term in office that has an election date other than one of those dates listed in subsection (B) must have his term of office extended to allow for an election to occur nearest the date provided by subsection (B).
(E) The provisions of this section do not apply to amendments proposed to the Constitution of this State or the United States Constitution."
SECTION 3. Section 7-3-20(C) of the 1976 Code, as last amended by Act 265 of 2012, is further amended by adding:
"(14) enter into the master file a separate designation each for voters casting absentee ballots and early ballots in a general election."
SECTION 4. Section 7-15-320 of the 1976 Code, as last amended by Act 43 of 2011, is further amended to read:
"Section 7-15-320. (A) A qualified elector in any of the following categories must be permitted to vote by absentee ballot in all elections when he is absent from his county of residence on election day during the hours the polls are open, to an extent that it prevents him from voting in person:
(1) students, their spouses, and dependents residing with them;
(2) members of the Armed Forces and Merchant Marines of the United States, their spouses, and dependents residing with them;
(3) persons serving with the American Red Cross or with the United Service Organizations (USO) who are attached to and serving with the Armed Forces of the United States, their spouses, and dependents residing with them;
(4) governmental employees, their spouses, and dependents residing with them;
(5) persons on vacation (who by virtue of vacation plans will be absent from their county of residence on election day); or
(6) overseas citizens.
(B) A qualified elector in any of the following categories must be permitted to vote by absentee ballot in all elections, whether or not he is absent from his county of residence on election day:
(1) physically disabled persons;
(2) persons whose employment obligations require that they be at their place of employment during the hours that the polls are open and present written certification of that obligation to the county registration board;
(3) certified poll watchers, poll managers, county voter registration board members and staff, county and state election commission members and staff working on election day;
(4) persons attending sick or physically disabled persons;
(5) persons admitted to hospitals as emergency patients on the day of an election or within a four-day period before the election;
(6) persons with a death or funeral in the family within a three-day period before the election;
(7) persons who will be serving as jurors in a state or federal court on election day;
(8) persons sixty-five years of age or older; or
(9) persons confined to a jail or pretrial facility pending disposition of arrest or trial.
(A) A qualified elector may vote during the early voting period pursuant to Section 7-13-25.
(B) A qualified elector in any of the following categories must be permitted to vote by absentee ballot in all elections:
(1) students, their spouses, and dependents residing with them;
(2) members of the Armed Forces and Merchant Marines of the United States, their spouses, and dependents residing with them;
(3) persons serving with the American Red Cross or with the United Service Organization (USO) who are attached to and serving with the Armed Forces of the United States, their spouses, and dependents residing with them;
(4) physically disabled persons who are, pursuant to certification by a physician, unable to vote in person at either a polling place or early voting center because of their physical disability;
(5) overseas citizens;
(6) persons sixty-five years of age or older;
(7) persons confined to a jail or pretrial facility pending disposition of arrest or trial;
(8) certified poll watchers, poll managers, county voter registration board members and staff, county and state election commission members and staff working on election day;
(9) persons admitted to hospitals as emergency patients on the day of an election or within a four-day period before the election;
(10) persons who will be serving as jurors in a state or federal court on election day;
(11) persons on vacation, who by virtue of vacation plans will be absent from their county of residence on election day; or
(12) persons attending sick or physically disabled."
SECTION 5. Sections 7-13-1620 and 7-15-470 of the 1976 Code are repealed.
SECTION 6. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS explained the amendment.
Rep. CLEMMONS moved to adjourn debate on the Bill until Thursday, May 29, which was agreed to.
Rep. QUINN moved that the House recur to the morning hour, which was agreed to.
The following was received:
Columbia, S.C., May 28, 2014
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 440:
S. 440 (Word version) -- Senators Fair, Hutto and Jackson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-19-1435 SO AS TO PROVIDE THAT THE USE OF RESTRAINTS ON JUVENILES APPEARING IN COURT ARE PROHIBITED UNLESS THE RESTRAINTS ARE NECESSARY TO PREVENT HARM OR IF THE JUVENILE IS A FLIGHT RISK AND THERE ARE NO LESS RESTRICTIVE ALTERNATIVES AVAILABLE; TO GIVE A JUVENILE'S ATTORNEY THE RIGHT TO BE HEARD BEFORE THE COURT ORDERS THE USE OF RESTRAINTS; AND IF RESTRAINTS ARE ORDERED, TO REQUIRE THE COURT TO MAKE FINDINGS OF FACT IN SUPPORT OF THE ORDER.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate:
Columbia, S.C., May 27, 2014
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3945:
H. 3945 (Word version) -- Reps. G. M. Smith, Harrell, Lucas, Bannister, Toole, Stringer, Hamilton, Sottile, Barfield, Bingham, Spires, Hardwick, Owens, Hiott, Long, Erickson, Murphy, Horne, Willis, Gagnon, Simrill, Funderburk, Henderson and W. J. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 13, TITLE 8 SO AS TO ESTABLISH THE SOUTH CAROLINA COMMISSION ON ETHICS ENFORCEMENT AND DISCLOSURE, TO PROVIDE FOR ITS POWERS, DUTIES, PROCEDURES, AND JURISDICTION, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO REPEAL ARTICLE 3, CHAPTER 13, TITLE 8 RELATING TO THE STATE ETHICS COMMISSION; TO REPEAL ARTICLE 5, CHAPTER 13, TITLE 8 RELATING TO THE HOUSE OF REPRESENTATIVES AND SENATE ETHICS COMMITTEES; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 8-13-700, AS AMENDED, RELATING TO USE OF AN OFFICIAL POSITION OR OFFICE FOR FINANCIAL GAIN, SO AS TO PROVIDE THAT IF A MEMBER OF THE GENERAL ASSEMBLY DETERMINES THAT HE HAS A CONFLICT OF INTEREST, HE MUST COMPLY WITH CERTAIN REQUIREMENTS BEFORE ABSTAINING FROM ALL VOTES ON THE MATTER, AND TO PROVIDE FOR WHEN A PUBLIC OFFICIAL WHO IS REQUIRED TO RECUSE HIMSELF FROM A MATTER MUST DO SO; TO AMEND SECTION 8-13-740, AS AMENDED, RELATING TO REPRESENTATION OF ANOTHER PERSON BY A PUBLIC OFFICIAL BEFORE A GOVERNMENTAL ENTITY, SO AS TO FURTHER DELINEATE WHAT IS CONSIDERED A CONTESTED CASE WHEN REPRESENTATION BY A MEMBER OF THE GENERAL ASSEMBLY IS PERMITTED; TO AMEND SECTION 8-13-745, RELATING TO PAID REPRESENTATION OF CLIENTS AND CONTRACTING BY A MEMBER OF THE GENERAL ASSEMBLY OR AN ASSOCIATE IN PARTICULAR SITUATIONS, SO AS TO DELETE A PROHIBITION AGAINST CERTAIN CONTRACTS WITH AN ENTITY FUNDED WITH GENERAL FUNDS; TO AMEND SECTION 8-13-1120, AS AMENDED, RELATING TO CONTENTS OF STATEMENTS OF ECONOMIC INTEREST, SO AS TO FURTHER PROVIDE FOR THESE CONTENTS; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO CAMPAIGN PRACTICES, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 8-13-1318, RELATING TO ACCEPTANCE OF CONTRIBUTIONS TO RETIRE CAMPAIGN DEBTS, SO AS TO REQUIRE ANY SUCH CONTRIBUTIONS TO BE USED FOR THIS PURPOSE ONLY; TO AMEND SECTION 8-13-1338, RELATING TO PERSONS WHO MAY NOT SOLICIT CONTRIBUTIONS, SO AS TO INCLUDE THE HEAD OF ANY STATE AGENCY WHO IS SELECTED BY THE GOVERNOR, THE GENERAL ASSEMBLY, OR AN APPOINTED OR ELECTED BOARD; TO AMEND SECTION 8-13-1340, AS AMENDED, RELATING TO RESTRICTIONS ON CONTRIBUTIONS BY ONE CANDIDATE TO ANOTHER OR THROUGH COMMITTEES CONTROLLED BY A CANDIDATE, SO AS TO DELETE AN EXCEPTION FOR A COMMITTEE CONTROLLED BY A CANDIDATE IF IT IS THE ONLY SUCH COMMITTEE, AND TO MAKE CONFORMING CHANGES; TO AMEND SECTIONS 8-13-1510 AND 8-13-1520, BOTH AS AMENDED, RELATING TO PENALTIES FOR ETHICAL AND OTHER VIOLATIONS, AND BY ADDING SECTION 8-13-1530 SO AS TO FURTHER PROVIDE FOR THE PENALTIES FOR VIOLATIONS AND FOR WHERE CERTAIN WILFUL VIOLATIONS MUST BE TRIED; AND TO REPEAL SECTIONS 8-13-710 AND 8-13-715 RELATING TO REPORTING OF PARTICULAR GIFTS AND AUTHORIZED REIMBURSEMENTS FOR SPEAKING ENGAGEMENTS.
Very respectfully,
President
On motion of Rep. DELLENEY, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. DELLENEY, BANNISTER and WEEKS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., May 28, 2014
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Rankin, Hutto and Bennett of the Committee of Free Conference on the part of the Senate on H. 3512:
H. 3512 (Word version) -- Reps. Quinn and J. E. Smith: A BILL TO AMEND TITLE 61, RELATING TO THE ALCOHOLIC BEVERAGE LAWS, SO AS TO AMEND SECTION 61-6-1560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCOUNTS ON ALCOHOLIC LIQUORS OR NONALCOHOLIC ITEMS, SO AS TO ALLOW A RETAIL DEALER TO OFFER DISCOUNTS AT THE REGISTER THROUGH THE USE OF PREMIUMS, COUPONS, OR STAMPS, SO LONG AS THE COST RELATED TO THE DISCOUNT IS PROVIDED ONLY BY THE RETAIL DEALER AND IS NOT PROHIBITED BY FEDERAL LAW; TO AMEND SECTION 61-4-1515, RELATING TO SALES OF BEER IN BREWERIES SO AS TO PROVIDE FOR EATING ESTABLISHMENTS AT BREWERIES; AND TO AMEND SECTION 61-6-1500, RELATING TO RESTRICTIONS ON RETAIL DEALERS OF CERTAIN ALCOHOLIC PRODUCTS, SO AS TO PROHIBIT CERTAIN TRANSACTIONS TO ANOTHER RETAIL DEALER IN CERTAIN SITUATIONS, TO PROHIBIT CERTAIN TRANSACTIONS BETWEEN LOCATIONS OWNED BY THE SAME RETAIL DEALER, AND TO PROVIDE ADDITIONAL PENALTIES.
Very respectfully,
President
Received as information.
The following was introduced:
H. 5317 (Word version) -- Reps. Limehouse, 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, 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 THE WANDO HIGH SCHOOL GIRLS SOCCER TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM ON WINNING THE 2014 CLASS AAAA STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 5318 (Word version) -- Reps. Huggins, 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, 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, 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 RONALD J. "RON" CALCATERRA, ACTING PRESIDENT, Senator Larry Martin, AND CEO OF CENTRAL ELECTRIC POWER COOPERATIVE, UPON THE OCCASION OF HIS RETIREMENT AFTER THIRTY-FOUR YEARS OF EXEMPLARY SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5319 (Word version) -- Reps. Riley, 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, Norrell, R. L. Ott, Owens, Parks, Patrick, Pitts, Pope, Putnam, Quinn, Ridgeway, 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 THE NINETY SIX HIGH SCHOOL BASEBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM ON WINNING THE 2014 CLASS AA STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 5320 (Word version) -- Reps. King, Rutherford, Sellers, Norrell, Neal, Mitchell and Delleney: A HOUSE RESOLUTION TO CONVEY THE DEEPEST SYMPATHY TO THE FAMILY AND MANY FRIENDS OF ANGIE LAURA KING CORLEY AND TO EXPRESS PROFOUND SORROW UPON HER PASSING.
The Resolution was adopted.
The following was introduced:
H. 5321 (Word version) -- Reps. Hayes, 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, 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, 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 THE DILLON HIGH SCHOOL LADY WILDCATS SOFTBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2014 SOUTH CAROLINA CLASS AA STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 5322 (Word version) -- Reps. Skelton, Hiott, 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, 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, Norrell, R. L. Ott, Owens, Parks, Patrick, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, 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 REMEMBER AND CELEBRATE THE LIFE OF CAPTAIN BYRON A. WILEY, U.S. NAVY (RET.) (1931-2011), TO HONOR HIS STRONG COMMITMENT TO EDUCATION, AND TO EXPRESS THE GRATITUDE OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES FOR HIS MANY YEARS OF OUTSTANDING SERVICE WITH THE CLEMSON UNIVERSITY EMERGING SCHOLARS PROGRAM.
The Resolution was adopted.
The following was introduced:
H. 5323 (Word version) -- Rep. White: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE DIXIE HIGH SCHOOL VARSITY SOFTBALL TEAM OF ABBEVILLE 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 COMMENDED FOR CAPTURING THE 2014 CLASS A 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 Dixie High School Varsity Softball team of Abbeville 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 commended for capturing the 2014 Class A State Championship title.
The Resolution was adopted.
The following was introduced:
H. 5324 (Word version) -- Reps. Wells, Taylor, 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, 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, Thayer, Toole, Vick, Weeks, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO PROCLAIM JUNE 1-7, 2014 AS "CPR AND AED AWARENESS WEEK" AND TO COMMEND THE AMERICAN HEART ASSOCIATION, THE AMERICAN RED CROSS, AND THE NATIONAL SAFETY COUNCIL FOR PROMOTING CPR AND AED AWARENESS TO THE CITIZENS OF SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 5326 (Word version) -- Reps. McCoy, Whipper, Stavrinakis and Harrell: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTURE OF CAMP ROAD AND DILLS BLUFF ROAD ON JAMES ISLAND IN CHARLESTON COUNTY "LEONARD BLANK INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1333 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR PAULA HARPER BETHEA ON THE OCCASION OF HER BECOMING ACTING PRESIDENT, Senator Larry Martin, OF THE UNIVERSITY OF SOUTH CAROLINA ALUMNI ASSOCIATION "MY CAROLINA" AND TO WISH HER MUCH SUCCESS DURING HER TENURE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1334 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR TOMMY PRESTON, JR. ON THE OCCASION OF HIS ELECTION AS ACTING PRESIDENT, Senator Larry Martin, -ELECT OF THE UNIVERSITY OF SOUTH CAROLINA ALUMNI ASSOCIATION "MY CAROLINA" AND TO WISH HIM MUCH SUCCESS IN HIS NEW POSITION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1345 (Word version) -- Senator Sheheen: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR JOHN LEWIS BYRD, UPON THE OCCASION OF HIS ELECTION AS A MEMBER OF THE 2014 CLASS TO THE SOUTH CAROLINA ATHLETIC COACHES ASSOCIATION HALL OF FAME AND TO WISH HIM CONTINUED HAPPINESS AND ENJOYMENT IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5325 (Word version) -- Reps. Newton, Bowers and Herbkersman: A BILL TO AMEND ACT 476 OF 1998, RELATING TO JASPER COUNTY BOARD OF EDUCATION AS THE GOVERNING BODY OF THE SCHOOL DISTRICT OF JASPER COUNTY, SO AS TO REAPPORTION THE SPECIFIC ELECTION DISTRICTS FROM WHICH MEMBERS OF THE JASPER COUNTY BOARD OF EDUCATION MUST BE ELECTED BEGINNING WITH SCHOOL BOARD ELECTIONS IN 2014, AND TO PROVIDE FOR DEMOGRAPHIC INFORMATION IN REGARD TO THESE NEWLY DRAWN ELECTION DISTRICTS.
Referred to Jasper Delegation
H. 3512--Free Conference Report
The General Assembly, Columbia, S.C., May 28, 2014
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3512 (Word version) -- Reps. Quinn and J. E. Smith: A BILL TO AMEND SECTION 61-6-1560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCOUNTS ON ALCOHOLIC LIQUORS OR NONALCOHOLIC ITEMS, SO AS TO ALLOW A RETAIL DEALER TO OFFER DISCOUNTS AT THE REGISTER THROUGH THE USE OF PREMIUMS, COUPONS, OR STAMPS, SO LONG AS THE COST RELATED TO THE DISCOUNT IS PROVIDED ONLY BY THE RETAIL DEALER AND IS NOT PROHIBITED BY FEDERAL LAW; AND TO AMEND SECTION 61-6-1500, RELATING TO RESTRICTIONS ON RETAIL DEALERS OF CERTAIN ALCOHOLIC PRODUCTS, SO AS TO PROHIBIT CERTAIN TRANSACTIONS TO ANOTHER RETAIL DEALER IN CERTAIN SITUATIONS, TO PROHIBIT CERTAIN TRANSACTIONS BETWEEN LOCATIONS OWNED BY THE SAME RETAIL DEALER, AND TO PROVIDE ADDITIONAL PENALTIES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
TO AMEND TITLE 61, RELATING TO THE ALCOHOLIC BEVERAGE LAWS, SO AS TO AMEND SECTION 61-6-1560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCOUNTS ON ALCOHOLIC LIQUORS OR NONALCOHOLIC ITEMS, SO AS TO ALLOW A RETAIL DEALER TO OFFER DISCOUNTS AT THE REGISTER THROUGH THE USE OF PREMIUMS, COUPONS, OR STAMPS, SO LONG AS THE COST RELATED TO THE DISCOUNT IS PROVIDED ONLY BY THE RETAIL DEALER AND IS NOT PROHIBITED BY FEDERAL LAW; TO AMEND SECTION 61-4-1515, RELATING TO SALES OF BEER IN BREWERIES SO AS TO PROVIDE FOR EATING ESTABLISHMENTS AT BREWERIES; AND TO AMEND SECTION 61-6-1500, RELATING TO RESTRICTIONS ON RETAIL DEALERS OF CERTAIN ALCOHOLIC PRODUCTS, SO AS TO PROHIBIT CERTAIN TRANSACTIONS TO ANOTHER RETAIL DEALER IN CERTAIN SITUATIONS, TO PROHIBIT CERTAIN TRANSACTIONS BETWEEN LOCATIONS OWNED BY THE SAME RETAIL DEALER, AND TO PROVIDE ADDITIONAL PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 61-6-1560 of the 1976 Code is amended to read:
"Section 61-6-1650. (A) Notwithstanding any other provision of law, a retail dealer, wholesaler, or producer may offer discounts on alcoholic liquors or nonalcoholic items, listed in Section 61-6-1540(A), through the use of premiums, coupons, or stamps redeemable by mail.
(B) In addition to the provisions of subsection (A), a retail dealer may offer a discount on the sale of alcoholic liquor or nonalcoholic items, listed in Section 61-6-1540(A), at the register through the use of premiums, coupons, or stamps, so long as all costs related to the discount, including, but not limited to printing, redemption services, and the actual cost of the discount, are provided and borne only by the retail dealer and the discount is not prohibited by any federal law."
SECTION 2. Section 61-6-1500 of the 1976 Code is amended to read:
"Section 61-6-1500. (A) A retail dealer may not:
(1) sell, barter, exchange, give, or offer for sale, barter, or exchange, or permit the sale, barter, exchange, or gift, of alcoholic liquors without regard to the size of the container:
(a) between the hours of 7:00 p.m. and 9:00 a.m.;
(b) for consumption on the premises;
(c) to a person under twenty-one years of age;
(d) to an intoxicated person; or
(e) to a mentally incompetent person; or
(f) to a person the retail dealer knows is another retail dealer, except as provided in Section 61-6-950 or between locations owned by the same retail dealer;
(2) permit the drinking of alcoholic liquors in his store or place of business;
(3) sell alcoholic liquors on credit; however, this item does not prohibit payment by electronic transfer of funds if:
(a) the transfer of funds is initiated by an irrevocable payment order on or before delivery of the alcoholic liquors; and
(b) the electronic transfer is initiated by the retailer no later than one business day after delivery; or
(4) redeem proof-of-purchase certificates for any promotional item; or
(5) purchase, barter, exchange, receive, or offer to purchase, barter, exchange, receive or permit the purchase, barter, exchange, or receipt, of alcoholic liquors without regard to the size of the container from another retail dealer, except as provided in Section 61-6-950 or between locations owned by the same retail dealer.
However, during restricted hours a retail dealer is permitted to receive, stock, and inventory merchandise, provide for maintenance and repairs, and other necessary, related functions that do not involve the sale of alcoholic liquors.
(B)(1) It is unlawful for a person licensed to sell alcoholic liquors pursuant to the provisions of this section to knowingly and willfully refill, partially refill, or reuse a bottle of lawfully purchased alcoholic liquor, or otherwise tamper with the contents of the bottle.
(2) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction:
(a) for a first offense, must be fined five hundred dollars or imprisoned for not more than thirty days, or both;
(b) for a second or subsequent offense, must be fined one thousand dollars or imprisoned not more than six months, or both.
(3) In addition to the penalties provided in subsection (B), a violation of this section may subject the licensee or permit holder to revocation or suspension of the license or permit by the department. A third or subsequent violation of subsection (A)(1)(f) within three years of the first violation must result in a mandatory suspension of the license or permit for a period of at least thirty days. A violation of subsection (A)(5) must result in a mandatory suspension of the license or permit for a period of at least thirty days.
(4) The possession of a refilled or reused bottle or other container of alcoholic liquors is prima facie evidence of a violation of this section. A person who violates this provision must, upon conviction, have his license revoked permanently.
(C) A retail dealer must keep a record of all sales of alcoholic liquors sold to establishments licensed for on-premises consumption. The record must include the name of the purchaser and the date and quantity of the sale by brand and bottle size.
(D) It is unlawful to sell alcoholic liquors except during lawful hours of operation."
SECTION 3. Subarticle 1, Article 3, Chapter 6, Title 61 of the 1976 Code is amended by adding:
"Section 61-6-195. The department must not issue or renew a retail dealer's license until the applicant has certified that the applicant has not purchased and will not purchase alcoholic liquors from another person that does not hold a wholesaler's license."
SECTION 4. Section 61-6-1530 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) 'The purchase of alcoholic liquors from this location by or on behalf of another retail dealer is unlawful and will result in the suspension of the purchaser's retail dealer's license'. The department must prescribe by regulation the size of the lettering and the location of the sign on the seller's premises."
SECTION 5. A. Section 61-4-1515 of the 1976 Code is amended to read:
(A) A brewery licensed in this State is authorized to offer samples of beer to consumers on its licensed premises, provided that the beer is brewed on the licensed premises with an alcoholic content of twelve percent by weight, or less, subject to the following conditions:
(1) sales to or samplings by consumers must be held in conjunction with a tour by the consumer of the licensed premises and the entire brewing process utilized at the licensed premises;
(2) sales or samplings shall not be offered or made to, or allowed to be offered, made to, or consumed by an intoxicated person or a person who is under the age of twenty-one;
(3) (a) no more than a total of forty-eight ounces of beer brewed at the licensed premises, including amounts of samples offered and consumed with or without cost, shall be sold to a consumer for on-premises consumption within a twenty-four hour period; and
(b) of that forty-eight ounces of beer available to be sold to a consumer within a twenty-four hour period, no more than sixteen ounces of beer with an alcoholic weight of above eight percent, including any samples offered and consumed with or without cost, shall be sold to a consumer for on-premises consumption within a twenty-four hour period;
(4) a brewery must develop and use a system to monitor the amounts and types of beer sampled or sold to a consumer for on-premises consumption;
(5) a brewery must sell the beer at the licensed premises at a price approximating retail prices generally charged for identical beverages in the county where the licensed premises are located;
(6) a brewery must remit appropriate taxes to the Department of Revenue for beer sales in an amount equal to and in a manner required for excise taxes assessed by the department. A brewery also must remit appropriate sales and use taxes and local hospitality taxes;
(7) a brewery must post information that states the alcoholic content by weight of the various types of beer available in the brewery and the penalties for convictions for:
(a) driving under the influence;
(b) unlawful transport of an alcoholic container; and
(c) unlawful transfer of alcohol to minors.
And, the information shall be in signage that must be posted at each entrance, each exit, and in places in a brewery seen during a tour;
(8) a brewery must provide DAODAS approved alcohol enforcement training for the employees who serve beer on the licensed premises to consumers for on-premises consumption, so as to prevent and prohibit unlawful sales, transfer, transport or consumption of beer by persons who are under the age of twenty-one or who are intoxicated; and
(9) a brewery must maintain liability insurance in the amount of at least one million dollars for the biennial period for which it is licensed. Within ten days of receiving its biennial license, a brewery must send proof of this insurance to the State Law Enforcement Division and to the Department of Revenue, where the proof of insurance information shall be retained with the department's alcohol beverage licensing section.
(B) In addition to the sampling and sales provisions set forth in subsection (A), a brewery licensed in this State is authorized to sell beer produced on its licensed premises to consumers on site for on-premises consumption within an area of its licensed premises approved by the rules and regulations of the Department of Health and Environmental Control governing eating and drinking establishments and other food service establishments. These establishments may also apply for a retail on-premises consumption permit for the sale of beer and wine of a producer that has been purchased from a wholesaler through the three-tier distribution chain set forth in Section 61-4-735 and Section 61-4-940.
(C) The sale of beer that is brewed on the licensed premises for on premises consumption pursuant to subsection (B) must comply with the following provisions:
(1) all provisions of subsection (A) shall apply to sales under subsection (B) and (C), except subsections (A)(1), (3), and (4);
(2) the brewery must comply with all state and local laws concerning hours of operation applicable to eating and drinking establishments and other food service establishments holding permits to sell beer and wine for on-premises consumption;
(3) the brewery must comply with the discount pricing provisions of Section 61-4-160, applicable to persons holding permits to sell beer and wine for on-premises consumption;
(4) the brewery must sell the beer at a price approximating retail prices generally charged for identical beverages by on-premises retailers in the county where the licensed premises are located; and
(5) a wholesaler must not provide and a brewery must not accept services, equipment, fixtures, or free beer prohibited by Section 61-4-940(B), except those items authorized by Section 61-4-940(C). Changes to the brewery laws pursuant to Section 61-4-1515(B) and (C) do not alter or amend the structure of the three-tier laws of this State, and the wholesalers and the breweries must not discriminate in pricing at the producer or wholesaler levels.
(D) A brewery located in this State is authorized to sell beer on its licensed premises for off-premises consumption provided that the sealed beer was brewed on the licensed premises with an alcohol content of fourteen percent by weight or less, subject to the following conditions:
(1) the maximum amount of beer that may be sold to an individual per day for off-premises consumption shall be equivalent to two hundred eighty-eight ounces in total;
(2) the beer only shall be sold in conjunction with a tour by the consumer of the licensed premises and the entire brewing process utilized at the licensed premises;
(3) the beer sold is for personal use only and cannot be resold;
(4) the beer cannot be sold to anyone holding a retail beer and wine license for the purpose of resale in their establishment;
(5) the brewery must sell the beer at the licensed premises at a price approximating retail prices generally charged for identical beverages in the county where the licensed premises are located; and
(6) the brewery must remit taxes to the Department of Revenue for beer sales in an amount equal to and in a manner required for taxes assessed by Section 12-21-1020 and Section 12-21-1030. The brewery also must remit appropriate sales and use taxes and local hospitality taxes.
(C)(E) In addition to other applicable fines or penalties, a person licensed as a brewery in this State who violates the provisions of this section must be assessed a fine of five hundred dollars for a first violation. For a second violation that occurs within three years of the first violation, a person must be assessed an additional five hundred dollars. For subsequent violations within a three-year period, the department must suspend the brewery license for a period of not less than thirty days. The revenue from the fines established in this section must be directed to the State Law Enforcement Division for supplementing funds required for the regulation and enforcement of this section.
B. Notwithstanding the general effective date of this act, this SECTION takes effect upon approval by the Governor.
SECTION 6. A. Section 61-6-4160 of the 1976 Code is amended to read:
"Section 61-6-4160. It is unlawful to sell alcoholic liquors on Sunday except as authorized by law, on statewide election days Christmas Day, or during periods proclaimed by the Governor in the interest of law and order or public morals and decorum. Full authority to proclaim these periods is conferred upon the Governor in addition to all his other powers. A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(a) for a first offense, by a fine of two hundred dollars or imprisonment for sixty days;
(b) for a second offense, by a fine of one thousand dollars or imprisonment for one year; and
(c) for a third or subsequent offense, by a fine of two thousand dollars or imprisonment for two years."
B. This SECTION takes effect upon approval by the Governor.
SECTION 7. The General Assembly finds that the sections presented in this act constitute one subject as required by Article III, Section 17 of the South Carolina Constitution, in particular finding that each change and each topic related directly to or in conjunction with other sections to the subject of changes to the laws concerning alcoholic beverages. The General Assembly further finds that a common purpose or relationship exists among the sections, representing a potential plurality but not disunity of topics, notwithstanding that reasonable minds might differ in identifying more than one topic contained in the act.
SECTION 8. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 9. This act takes effect July 1, 2014. /
Amend Title To Conform
Sen. Luke A. Rankin Rep. J. Derham Cole, Jr. Sen. C. Bradley Hutto Rep. J. Todd Rutherford Sen. Sean M. Bennett Rep. James H. Merrill On Part of the Senate. On Part of the House.
Rep. COLE explained the Free Conference Report.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atwater Ballentine Bedingfield Bernstein Bingham Bowen Brannon G. A. Brown R. L. Brown Burns Clemmons Clyburn Cobb-Hunter Cole H. A. Crawford Crosby Daning Delleney Dillard Edge Erickson Felder Finlay Forrester Funderburk George Goldfinch Hardee Hardwick Harrell Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Kennedy Knight Limehouse Long Lowe Lucas Mack McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Nanney Neal Newton Norman Norrell Owens Parks Patrick Pope Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Sandifer Simrill Skelton G. M. Smith G. R. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Vick Weeks Wells Whipper White Whitmire Wood
Those who voted in the negative are:
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment 1:
H. 4413 (Word version) -- Reps. Limehouse, Sottile, Taylor, Sabb, Gilliard and Erickson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "REPORT-A-BULLY IN SCHOOL WEBSITE ACT"; BY ADDING SECTION 59-63-145 SO AS TO PROVIDE EACH SCHOOL DISTRICT SHALL DEVELOP A WEBSITE THROUGH WHICH A PERSON MAY ANONYMOUSLY REPORT ACTS OF HARASSMENT, INTIMIDATION, OR BULLYING OF A STUDENT AT SCHOOL; TO PROVIDE THE DISTRICT SHALL RESPOND TO COMPLAINTS RECEIVED BY MEANS OF THE WEBSITE IN A CERTAIN MANNER; TO IMPOSE RELATED REPORTING REQUIREMENTS ON THE DISTRICT; TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL DEVELOP RELATED GUIDELINES; AND TO PROVIDE THAT INFORMATION RECEIVED THROUGH THE WEBSITE IS NOT SUBJECT TO THE FREEDOM OF INFORMATION ACT.
Rep. BRANNON proposed the following Amendment No. 1 to H. 4413 (COUNCIL\BBM\4413C001.BBM.HTC14):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act must be known and may be cited as the "Report-a-Bully in School Act".
SECTION 2. Article 2, Chapter 63, Title 59 of the 1976 Code is amended by adding:
"Section 59-63-145. (A) Before September 1, 2014, each local school district shall include on its website a form that a student can complete online to report acts of harassment, intimidation, or bullying of a student in a school. This form must be called the 'Report-a-Bully in School Act' form, and a link to the form must be conspicuously displayed on the home page of the website for each district and school within the district. At a minimum, the form must include information about the date, location, the name and identifying information of the victim, and circumstances of the incident, along with the identity of the person who committed the incident. If the form is completed by a witness to the incident, the form must include all other information required and the name and identifying information of the reporting witness. This form, after being filed by a student or parent, must be accessible only to school officials and law enforcement. The school promptly shall investigate the allegations consistent with policies adopted by the district pursuant to the Safe School Climate Act. Each month the school shall report to the State Board of Education the number of acts reported by the form, the nature of each alleged act, whether the investigation of the report is pending or resolved, and if resolved, the date of the resolution.
(B) To assist local school districts in developing policies for providing a 'Report-a-Bully in School Act' form, the State Board of Education shall develop model policies concerning the development, implementation, and promotion of the form within thirty days after the effective date of this section. This model policy must include a template for a 'Report-a-Bully in School Act' form that a school may use for its website. The State Board of Education also shall develop and implement a program to promote awareness of the form, emphasizing that preserving the anonymity of the identity of a person making a report is of paramount importance unless a criminal charge is filed arising out of the incident.
(C) A report submitted through a 'Report-a-Bully in School Act' form is not subject to the South Carolina Freedom of Information Act, but may be discoverable if criminal charges are filed."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. BRANNON spoke in favor of the amendment.
Reps. HAYES, WHITE, WHITMIRE, MUNNERLYN, NEAL, MCEACHERN, DOUGLAS, ERICKSON, M. S. MCLEOD, TAYLOR, LIMEHOUSE, BRANNON, LOFTIS, WOOD, CLYBURN, HIXON, WELLS, TOOLE, DILLARD and ROBINSON-SIMPSON requested debate on the Bill.
The following Bill was taken up:
S. 1219 (Word version) -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-57 SO AS TO PROVIDE THAT NOTWITHSTANDING ANOTHER PROVISION OF LAW, SCHOOL DISTRICTS UNIFORMLY MAY NEGOTIATE SALARIES BELOW THE SCHOOL DISTRICT SALARY SCHEDULE FOR THE 2014-2015 SCHOOL YEAR FOR RETIRED TEACHERS WHO ARE NOT PARTICIPANTS IN THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM, AND TO EXTEND THIS NEGOTIATION OPTION TO SCHOOL DISTRICTS THROUGH JULY 1, 2020.
Rep. BINGHAM explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atwater Ballentine Barfield Bedingfield Bernstein Bingham Brannon G. A. Brown R. L. Brown Burns Chumley Clemmons Clyburn Cobb-Hunter Cole H. A. Crawford Crosby Daning Delleney Dillard Douglas Edge Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Goldfinch Hardee Hardwick Harrell Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Kennedy Knight Limehouse Loftis Long Lowe Lucas Mack McEachern M. S. McLeod W. J. McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Nanney Neal Newton Norman Norrell R. L. Ott Owens Parks Patrick Pitts Pope Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Sandifer Simrill Skelton G. M. Smith G. R. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper White Whitmire Willis Wood
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
S. 828 (Word version) -- Senators Fair and Turner: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-41-75 SO AS TO EXEMPT CERTAIN BOND REIMBURSEMENT REQUIREMENTS IF A CONVENTION AND TRADE SHOW CENTER IS SOLD AND IS TO BE REPLACED WITH A NEW CONVENTION AND TRADE SHOW CENTER, AND TO SET FORTH EXEMPTION REQUIREMENTS; AND TO AMEND SECTION 11-41-70, AS AMENDED, RELATING TO REQUIREMENTS FOR ECONOMIC DEVELOPMENT BONDS, SO AS TO MAKE A CONFORMING CHANGE.
Rep. G. R. SMITH explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atwater Ballentine Barfield Bernstein Bingham Bowen Brannon G. A. Brown R. L. Brown Burns Chumley Clemmons Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Delleney Dillard Douglas Erickson Felder Finlay Forrester Funderburk Gambrell George Goldfinch Govan Hardee Hardwick Harrell Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Kennedy Knight Limehouse Loftis Long Lowe Lucas Mack McEachern D. C. Moss V. S. Moss Munnerlyn Nanney Neal Newton Norman Norrell R. L. Ott Owens Parks Patrick Pitts Pope Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Sandifer Simrill Skelton G. M. Smith G. R. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper White Whitmire Willis Wood
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
S. 560 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 58-15-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WILFULL AND MALICIOUS INJURY TO A RAILROAD OR ELECTRIC RAILWAY, SO AS TO PROVIDE A TIER OF PENALTIES FOR VIOLATIONS; AND TO AMEND ARTICLE 9, CHAPTER 15, TITLE 58, RELATING TO RAILROADS, ELECTRIC RAILROADS, AND THE LIKE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PURCHASE, SELL, OR TRANSPORT RAILROAD TRACK MATERIALS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A TIER OF PENALTIES FOR VIOLATIONS.
Rep. WEEKS explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atwater Ballentine Barfield Bernstein Bingham Bowen Brannon R. L. Brown Burns Chumley Clemmons Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Dillard Douglas Erickson Felder Finlay Forrester Funderburk Gagnon George Goldfinch Hardee Hardwick Harrell Hayes Henderson Hiott Hixon Hodges Horne Howard Huggins Jefferson Kennedy Knight Loftis Long Lowe Lucas Mack McEachern M. S. McLeod W. J. McLeod Mitchell D. C. Moss V. S. Moss Munnerlyn Nanney Neal Newton Norman Norrell R. L. Ott Owens Parks Patrick Pitts Pope Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Sandifer Simrill Skelton G. M. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper White Whitmire Willis Wood
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
S. 999 (Word version) -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-218 SO AS TO PROVIDE THAT A MEMBER OF THE ARMED FORCES OF THE UNITED STATES WHOSE DRIVER'S LICENSE EXPIRES WHILE THE MEMBER IS SERVING OUTSIDE OF THIS STATE MAY APPLY FOR AN EXTENSION THAT LASTS UNTIL NINETY DAYS AFTER THE MEMBER RETURNS TO THE STATE OR THE TIME THE MEMBER IS DISCHARGED FROM THE ARMED FORCES, WHICHEVER OCCURS FIRST, TO PROVIDE THE APPLICATION PROCESS, AND TO SPECIFY TO WHOM EXTENSION ELIGIBILITY APPLIES.
Rep. R. L. BROWN proposed the following Amendment No. 1 to S. 999 (COUNCIL\BBM\999C002.BBM.HTC14), which was adopted:
Amend the bill, as and if amended, by striking Section 56-1-218 as contained in SECTION 1, beginning on page 1, and inserting:
/ SECTION 1. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-218. (A) Notwithstanding any other provision of law, a member of the Armed Forces of the United States, who is deployed or mobilized outside of this State, or receives orders for a permanent change of station outside of this State, whose license expires while serving outside of this State or whose license expires within ninety days from the beginning of service outside of this State, may apply for an extension on the expiration of the license.
(B) The department shall grant the extension if the service member provides copies of the orders that require service outside of this State and a valid military identification card, or military orders supporting services outside of the State. The extension expires ninety days after the member is discharged from the service or returns to this State. If the orders do not specify a return date, the service member is deemed to have returned on the date that the commanding officer of the unit provides as the return date to the department. The license is deemed to expire only upon the expiration of the extension.
(C) The provisions of this section also apply to dependents residing with the service member.
(D) The department may prescribe forms and policies to implement the provisions of this section. The department shall post the application form on its website, and the application must be able to be processed by mail or electronically." /
Renumber sections to conform.
Amend title to conform.
Rep. R. L. BROWN explained the amendment.
The amendment was then adopted.
Rep. R. L. BROWN explained the Bill.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atwater Ballentine Barfield Bedingfield Bernstein Bingham Bowen Brannon R. L. Brown Burns Chumley Clemmons Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Dillard Douglas Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Goldfinch Govan Hardwick Harrell Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Kennedy Knight Loftis Long Lowe Lucas Mack McEachern M. S. McLeod W. J. McLeod Mitchell D. C. Moss V. S. Moss Munnerlyn Nanney Newton Norman Norrell R. L. Ott Owens Parks Patrick Pitts Pope Quinn Ridgeway Riley Rivers Ryhal Sabb Sandifer Simrill Skelton G. M. Smith G. R. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper White Whitmire Willis Wood
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 1173 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 11, TITLE 25 SO AS TO CREATE THE SOUTH CAROLINA PRISONER OF WAR MEDAL, TO PROVIDE THAT THE GOVERNOR MAY PRESENT THE MEDAL ON BEHALF OF THE PEOPLE OF THE STATE OF SOUTH CAROLINA, TO SET FORTH ELIGIBILITY, AND TO ALLOW THE MEDAL TO BE AWARDED TO A DECEASED OR ABSENT PERSON.
Rep. SIMRILL explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atwater Ballentine Barfield Bedingfield Bernstein Bingham Bowen Brannon R. L. Brown Burns Chumley Clemmons Clyburn Cobb-Hunter H. A. Crawford K. R. Crawford Crosby Daning Delleney Dillard Douglas Erickson Finlay Forrester Funderburk Gagnon Gambrell George Goldfinch Govan Hardwick Harrell Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Kennedy Knight Loftis Long Lowe Lucas Mack McEachern M. S. McLeod W. J. McLeod Mitchell D. C. Moss V. S. Moss Munnerlyn Nanney Newton Norman Norrell Owens Patrick Pitts Pope Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Simrill Skelton G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper White Whitmire Willis Wood
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
S. 1307 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO REVISE BOUNDARIES OF EXISTING PRECINCTS AND TO DESIGNATE THE MAP NUMBER ON WHICH THE BOUNDARIES OF LAURENS COUNTY VOTING PRECINCTS AS REVISED BY THIS ACT MAY BE FOUND AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bernstein Bingham Bowen Brannon R. L. Brown Burns Chumley Clemmons Clyburn H. A. Crawford K. R. Crawford Crosby Daning Delleney Douglas Felder Forrester Funderburk Gagnon George Hardwick Harrell Herbkersman Hixon Hodges Hosey Howard Huggins Jefferson Knight Loftis Long Lowe Lucas McEachern M. S. McLeod Mitchell D. C. Moss V. S. Moss Munnerlyn Nanney Norrell R. L. Ott Pitts Pope Quinn Ridgeway Rivers Rutherford Ryhal Sandifer Simrill Skelton G. M. Smith Sottile Southard Spires Stavrinakis Tallon Taylor Vick Weeks Wells White Willis Wood
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
S. 1305 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, METHODS OF TAKE AND SPECIAL USE RESTRICTIONS ON WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4443, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HIOTT 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.
Rep. TALLON asked unanimous consent to recall S. 1243 (Word version) from the Committee on Judiciary.
Rep. RUTHERFORD objected.
On motion of Rep. WHITE, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:
S. 897 (Word version) -- Senator Coleman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-723 SO AS TO PROVIDE THAT A PERSON WHO RETIRES FROM A SOLICITOR'S OFFICE MAY PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS REGARDLESS OF WHETHER THE COUNTY IN WHICH HE IS EMPLOYED AT THE TIME OF HIS RETIREMENT PARTICIPATES IN THESE PLANS, AMONG OTHER THINGS, AND TO MAKE THESE PROVISIONS RETROACTIVE TO JANUARY 1, 2012.
Rep. TALLON asked unanimous consent to recall S. 1243 (Word version) from the Committee on Judiciary.
Rep. RUTHERFORD objected.
Rep. CLYBURN moved that the House do now adjourn, which was agreed to.
Rep. QUINN moved to reconsider the vote whereby the veto was sustained on R. 201, H. 5024 (Word version), and the motion was noted.
The Senate returned to the House with concurrence the following:
H. 5311 (Word version) -- Reps. Skelton, 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, Norrell, R. L. Ott, Owens, Parks, Patrick, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, 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 DR. BENTON BOX, FORMER VICE CHAIRMAN OF THE SOUTH CAROLINA FORESTRY COMMISSION, ON THE OCCASION OF HIS RETIREMENT, TO COMMEND HIM FOR HIS MANY YEARS OF DEDICATED SERVICE, AND TO WISH HIM MUCH HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
H. 5310 (Word version) -- Rep. McEachern: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. PATCELIA BELTON OF RICHLAND COUNTY ON THE OCCASION OF HER NINETIETH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MUCH HAPPINESS IN THE DAYS AHEAD.
H. 5294 (Word version) -- Reps. Gagnon, Gambrell, 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, 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, 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 CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE DIXIE HIGH SCHOOL VARSITY SOFTBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2014 CLASS A STATE CHAMPIONSHIP TITLE.
H. 5299 (Word version) -- Reps. Harrell, 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, 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, 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 CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR CORPORAL WILLIAM "KYLE" CARPENTER, UNITED STATES MARINE CORPS (RET.), OF LEXINGTON ON RECEIVING THE MEDAL OF HONOR, THE NATION'S HIGHEST AWARD FOR VALOR; TO THANK HIM FOR HIS FAITHFUL MILITARY SERVICE; AND TO COMMEND HIM FOR HIS HEROIC ACTIONS WHILE SERVING A TOUR OF DUTY IN AFGHANISTAN.
H. 5315 (Word version) -- Reps. J. E. Smith, Cobb-Hunter, 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, 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, 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. 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 EXPRESS THE HEARTFELT GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE PUBLIC SERVICE OF ANNE CUSHMAN, KNOWING THAT HER CAREER-LONG SERVICE TO THIS STATE HAS MADE A MEANINGFUL AND ENDURING CONTRIBUTION TO THE WELFARE AND WELL-BEING OF ITS PEOPLE, AND ON THE OCCASION OF HER RETIREMENT WISH FOR HER YEARS OF GOOD HEALTH AND GOOD FORTUNE.
At 4:34 p.m. the House, in accordance with the motion of Rep. HORNE, adjourned in memory of Cary Joseph "Seph" Limehouse II of John's Island, to meet at 10:00 a.m. tomorrow.
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