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

Wednesday, March 26, 2014
(Statewide Session)


Printed Page 2113 . . . . . Wednesday, March 26, 2014

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 Ecclesiastes 9:17: "The quiet words of the wise are more to be heeded than the shouts of a ruler of fools."
Let us pray. Lord God, tender in mercy and gracious in blessings, give to these Your people the wisdom and logic to do Your will in this place. Provide them with the tools to do their work. Hold them in the palm of Your hand and touch those who are ill and recovering. Bless our leaders of this State and Nation. Hold our defenders in Your hand, providing them safety. Heal the wounds, those seen and those hidden, of our brave warriors. Lord, in Your mercy, hear our prayer. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. COBB-HUNTER moved that when the House adjourns, it adjourn in memory of Rev. Hinson Pooser of Vance, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the family of Representative Clyburn.

COMMUNICATION

The following was received:

DEPARTMENT OF HEALTH AND
ENVIRONMENTAL CONTROL

March 24, 2014
The Honorable Charles F. Reid, Clerk
South Carolina House of Representatives
Post Office Box 11867


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Columbia, SC 29211

Dear Mr. Reid:

Enclosed please find the SC Board of Health and Environmental Control (Department) designation of Carisoprodol (Soma) and Carisoprodol + Aspirin (Soma Compound) into Schedule IV for Controlled Substances. The Board has taken this action at its meeting on February 9, 2012, pursuant to SC Code Section 44-53-160(4), which authorizes the Department to designate a substance as a controlled substance by scheduling it in accordance with a final order effecting federal scheduling as a controlled substance.

The U.S. Drug Enforcement Administration (DEA) published on January 12, 2012, a final rule making carisoprodol (Soma) a Schedule IV controlled substance with an effective date of January 11, 2012. The forms of carisoprodol included in this action are Carisoprodol (Soma) and Carisoprodol +Aspirin (Soma Compound) including its salts, isomers, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible.

The Federal Register publication, dated Monday, December 12, 2011 (Vol. 76, No. 238):
http://www.gpo.gov/fdsys/pkg/FR-2011-12-12/pdf/2011-31542.pdf

The Department makes this notification in accordance with SC Code Section 44-53-160 (4), requiring that the Department notify the General Assembly in writing of the change in federal law or regulation and of the corresponding change in South Carolina law. Schedule IV controlled substances are found in SC Code Section 44-53-250.
Thank you for your attention to this matter.

Sincerely,
Jonathan Yarborough
Legislative and Constituent Services

Received as information.

HOUSE RESOLUTION

The following was introduced:

H. 4969 (Word version) -- Reps. Parks, Pitts, Riley, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon,


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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, Patrick, 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 CONGRATULATE THE RIGHT REVEREND OLIVER T. MCCRAY, JR., UPON HIS INSTALLATION AS PASTOR OF MORRIS CHAPEL BAPTIST CHURCH OF GREENWOOD ON MARCH 30, 2014, AND TO WISH HIM GOD'S RICHEST BLESSINGS AS HE CONTINUES TO SERVE THE LORD.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4970 (Word version) -- Reps. Bernstein, J. E. Smith, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, 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,


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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 HOUSE RESOLUTION TO HONOR AND THANK AMANDA ALPERT LOVEDAY OF COLUMBIA FOR HER DEDICATED SERVICE AS EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA DEMOCRATIC PARTY.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4971 (Word version) -- Reps. Mitchell, 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, 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 CONGRATULATE SAMUEL GIST OF SPARTANBURG ON THE OCCASION OF HIS ONE HUNDREDTH BIRTHDAY AND TO WISH HIM MUCH HAPPINESS IN THE DAYS AHEAD.

The Resolution was adopted.


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HOUSE RESOLUTION

The following was introduced:

H. 4972 (Word version) -- Reps. Burns, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, 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, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE GOLDEN GROVE BAPTIST CHURCH OF TRAVELERS REST ON THE OCCASION OF ITS HISTORIC TWO HUNDREDTH ANNIVERSARY AND TO COMMEND THE CHURCH FOR TWO CENTURIES OF SERVICE TO GOD AND THE COMMUNITY.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4973 (Word version) -- Reps. McEachern, 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,


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Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, 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 AFFIRM WIDE AND FREQUENT READING AS A KEYSTONE OF SUCCESS FOR OUR STUDENTS, TO ENCOURAGE ALL CITIZENS OF SOUTH CAROLINA TO ENGAGE IN REGULAR READING, AND TO DECLARE MARCH 28, 2014, AS "A WORLD OF LITERACY DAY" IN SOUTH CAROLINA.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4974 (Word version) -- Reps. Anderson, Alexander, Allison, 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, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO CONGRATULATE MARGARET CARR OF GEORGETOWN COUNTY, ON THE


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OCCASION OF HER NINETIETH BIRTHDAY, AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MANY YEARS OF CONTINUED HEALTH AND HAPPINESS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4980 (Word version) -- Reps. Gambrell, Gagnon, 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 HOUSE RESOLUTION TO HONOR COACH GARY ADAMS ON HIS NINE HUNDREDTH CAREER VICTORY AS COACH OF THE CRESCENT HIGH SCHOOL GIRLS SOFTBALL TEAM AND TO SALUTE HIM ON HIS RECORD AS THE WINNINGEST HIGH SCHOOL GIRLS SOFTBALL COACH IN SOUTH CAROLINA HISTORY.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4981 (Word version) -- Reps. Murphy, Harrell, Horne, Jefferson, Knight, Mack and Whipper: A HOUSE RESOLUTION TO RECOGNIZE AND


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HONOR JOHN VAN SLOOTEN, JR., FOR HIS OUTSTANDING HIGH SCHOOL WRESTLING CAREER AND TO CONGRATULATE HIM FOR CAPTURING THE 2014 CLASS AAAA STATE INDIVIDUAL CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4982 (Word version) -- Reps. Murphy, Harrell, Horne, Jefferson, Knight, Mack and Whipper: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR COACH DARRYL TUCKER FOR HIS OUTSTANDING SEASON AND TO CONGRATULATE HIM FOR BEING NAMED THE SOUTH CAROLINA CLASS AAAA COACH OF THE YEAR BY THE SOUTH CAROLINA WRESTLING COACHES ASSOCIATION.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4975 (Word version) -- Reps. Bernstein, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, 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, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A


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CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DENISE DUKE OF COLUMBIA, A TWENTY-ONE YEAR VETERAN TEACHER, FOR HER SIGNIFICANT CONTRIBUTIONS TO EDUCATION IN SOUTH CAROLINA AND TO CONGRATULATE HER FOR BEING NAMED THE FIRST RECIPIENT OF THE NASA BEAGLE AWARD.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4976 (Word version) -- Reps. Bernstein, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, 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, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A CONCURRENT RESOLUTION TO COMMEMORATE THE SEVENTIETH ANNIVERSARY OF D-DAY, WHICH TOOK PLACE ON JUNE 6, 1944, AND MARKED THE TURNING POINT OF WORLD WAR II; TO COMMEMORATE YOM HASHOAH, THE OFFICIAL HOLOCAUST "DAY OF REMEMBRANCE"; AND TO RECOGNIZE AND HONOR WORLD WAR II U.S. ARMY HERO MAJOR T. MOFFATT BURRISS OF COLUMBIA.

Whereas, it behooves a wise nation to consider regularly the debt it owes to those who paid the price for the blessings of freedom its people


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enjoy in the present. Such consideration moves us to celebrate in 2014 the seventieth anniversary of D-Day, World War's II watershed, which took place on June 6, 1944, marked the start of the Allies' invasion of Western Europe, and paved the way for Allied victory; and

Whereas, speaking for himself, as well as for the 160,000 Allied troops who courageously carried out the D-Day invasion of the Normandy beaches, General Dwight D. Eisenhower called the operation a crusade where "we will accept nothing less than victory"; and

Whereas, on April 27, 2014, we will commemorate the official Day of Remembrance, Yom Hashoah, established by the Secretary of Defense in 1984, mindful of the fact that it was our nation's military forces who first witnessed evidence of the Holocaust as they liberated the Nazi concentration camps of World War II. We also remain cognizant that those in uniform must remember both the dreams for which they stand and the nightmares they stand against; and

Whereas, at the end of the Second World War in 1945, following the massive destruction of their lives, families, and towns during the Holocaust, many Holocaust liberators and survivors made South Carolina their home; and

Whereas, living vibrantly in South Carolina's capital city is a decorated World War II hero, South Carolina liberator of the Wobbelin Concentration Camp, and former South Carolina legislator, U.S. Army Major T. Moffatt Burriss of the 3rd Battalion, 504th Parachute Infantry Regiment, 82nd Airborne Division. The Palmetto State is proud to salute this member of our "Greatest Generation" and to express the highest admiration for his bravery, leadership, and selflessness while deployed in Europe during World War II. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the South Carolina General Assembly, by this resolution, commemorate the seventieth anniversary of D-Day, which took place on June 6, 1944, and marked the turning point of World War II; commemorate Yom Hashoah, the official Holocaust "Day of


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Remembrance"; and recognize and honor World War II U.S. Army hero Major T. Moffatt Burriss of Columbia.

Be it further resolved that a copy of this resolution be provided to Major T. Moffatt Burriss.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1110 (Word version) -- Senators McElveen and Johnson: A CONCURRENT RESOLUTION TO WELCOME THE SUMTER SCHOOL DISTRICT TEACHER FORUM TO THE SOUTH CAROLINA STATE HOUSE AND TO PROCLAIM APRIL 7, 2014, "SUMTER TEACHER FORUM CELEBRATION OF EXCELLENCE DAY" IN SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1111 (Word version) -- Senators Alexander, O'Dell, Pinckney, Lourie, Hayes and Kimpson: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY 2014 AS "MENTAL HEALTH MONTH" IN SOUTH CAROLINA AND TO RAISE AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS AND THE NEED FOR APPROPRIATE AND ACCESSIBLE SERVICES FOR ALL PEOPLE WITH MENTAL ILLNESS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1156 (Word version) -- Senator Allen: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE RICHARD


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WILSON "DICK" RILEY FOR HIS DISTINGUISHED AND LIFELONG SERVICE TO OUR STATE AND OUR NATION.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1158 (Word version) -- Senator Allen: A CONCURRENT RESOLUTION TO HONOR BILL CLINTON, FORMER PRESIDENT OF THE UNITED STATES, FOR HIS MANY YEARS OF DEDICATED PUBLIC SERVICE AND TO EXTEND TO HIM A CORDIAL WELCOME TO THE PALMETTO STATE UPON THE OCCASION OF HIS ADDRESS AT THE RILEY INSTITUTE'S "AN EVENING WITH BILL CLINTON", TO BE HELD APRIL 8, 2014, IN GREENVILLE.

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

INTRODUCTION OF BILLS

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

H. 4977 (Word version) -- Rep. Horne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-9-80 SO AS TO REQUIRE AGENCIES AND ATTORNEYS PROVIDING INTERCOUNTRY ADOPTION SERVICES TO BE LICENSED IN THIS STATE AND COMPLY WITH FEDERAL LAW, INCLUDING THE REQUIREMENT TO BE ACCREDITED PURSUANT TO THE INTERCOUNTRY ADOPTION ACT AND THE HAGUE CONVENTION ON INTERCOUNTRY ADOPTION, AND TO ESTABLISH CRIMINAL PENALTIES; BY ADDING SECTION 63-9-930 SO AS TO PROHIBIT AN ADOPTIVE PARENT, OR A PERSON ACTING ON BEHALF OF AN ADOPTIVE PARENT, FROM PLACING THE ADOPTED CHILD WITH ANOTHER PERSON WITHOUT APPROVAL OF THE COURT, UNLESS THE OTHER PERSON IS A RELATIVE OF THE ADOPTIVE PARENT OF THE FIRST, SECOND, OR THIRD DEGREE, AND TO ESTABLISH CRIMINAL PENALTIES; TO AMEND SECTION 63-9-790, RELATING TO AMENDED BIRTH


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CERTIFICATES, SO AS TO REQUIRE THE STATE REGISTRAR TO PROVIDE INFORMATION REGARDING POST-ADOPTION SERVICES TO AN ADOPTIVE PARENT WITH THE CERTIFICATE OF BIRTH; TO AMEND SECTION 63-9-910, RELATING TO INTERCOUNTRY ADOPTION, SO AS TO REQUIRE THE STATE REGISTRAR TO PROVIDE INFORMATION REGARDING POST-ADOPTION SERVICES TO AN ADOPTIVE PARENT WITH THE CERTIFICATE OF BIRTH; TO AMEND SECTION 63-9-1310, RELATING TO THE REQUIREMENT OF THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE ADOPTION SERVICES, SO AS TO REQUIRE SERVICES TO BE MADE AVAILABLE TO ALL ADOPTIVE FAMILIES; TO AMEND SECTION 63-9-1330, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES' ADOPTION PROGRAM, SO AS TO REQUIRE THAT THE ADOPTION PROGRAM OFFER POST-ADOPTION SERVICES AND THAT THESE SERVICES BE MADE AVAILABLE TO ALL FAMILIES ADOPTING CHILDREN AND TO ALLOW DEPARTMENT OF SOCIAL SERVICES TO CHARGE REASONABLE FEES FOR THESE SERVICES; TO AMEND SECTION 16-3-2010, RELATING TO DEFINITIONS FOR THE OFFENSE OF TRAFFICKING IN PERSONS, SO AS TO CHANGE THE DEFINITION OF "TRAFFICKING IN PERSONS" TO INCLUDE ACTIONS TAKEN WITH REGARD TO ADOPTION CERTIFICATES; AND TO AMEND SECTION 16-3-2020, RELATING TO THE ELEMENTS AND PENALTIES OF THE CRIME OF TRAFFICKING IN PERSONS, SO AS TO ALLOW PROSECUTION OF A VICTIM WHO IS RELATED TO A DEFENDANT BY ADOPTION.
Referred to Committee on Judiciary

H. 4978 (Word version) -- Reps. Robinson-Simpson, King, Wood, R. L. Brown, Dillard, Hart, Williams, Howard, Jefferson and Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-25 SO AS TO PROVIDE THAT NO JOB APPLICATION MAY INCLUDE QUESTIONS RELATED TO CONVICTIONS OF A CRIME, UNLESS THE CRIME FOR WHICH HE WAS CONVICTED DIRECTLY RELATES TO THE POSITION OF EMPLOYMENT SOUGHT OR THE OCCUPATION FOR WHICH THE LICENSE IS SOUGHT, TO PROVIDE A RELATED POLICY STATEMENT, AND TO PROVIDE NECESSARY DEFINITIONS, AMONG OTHER THINGS, IN ORDER TO GIVE A


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BETTER CHANCE FOR APPLICANTS TO BE CONSIDERED FOR EMPLOYMENT PRIOR TO THE STAGE IN THE APPLICATION PROCESS WHEN BACKGROUND CHECKS ARE CONDUCTED.
Referred to Committee on Judiciary

H. 4979 (Word version) -- Reps. Chumley, Taylor, Bowen, J. R. Smith, Wood, Burns, V. S. Moss, Forrester, Bedingfield, Kennedy, G. R. Smith, Willis, Toole, Goldfinch, Allison, Atwater, Barfield, Clemmons, Edge, Hamilton, Hixon, D. C. Moss, Nanney, Norman, Simrill, Stringer, Wells and Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "ACA ANTI-COMMANDEERING ACT" BY ADDING ARTICLE 30 TO CHAPTER 1, TITLE 1 SO AS TO PROVIDE DEFINITIONS, TO MAKE CERTAIN FINDINGS REGARDING THE PRINCIPLE OF ANTI-COMMANDEERING AND THE RIGHT OF THE STATES TO REFUSE TO USE STATE RESOURCES TO ENFORCE FEDERAL LAWS, TO PROVIDE THAT A PUBLIC OFFICIAL, OFFICER, OR EMPLOYEE OF A PUBLIC BODY MUST NOT PARTICIPATE IN THE ESTABLISHMENT OF A HEALTH INSURANCE EXCHANGE OR ENFORCE OR AID IN THE ENFORCEMENT OF THE INDIVIDUAL AND EMPLOYER HEALTH INSURANCE MANDATES OF THE AFFORDABLE CARE ACT, TO PROVIDE THAT THESE PROHIBITIONS DO NOT APPLY TO THE PROVISION OF MEDICAID AT CURRENT LEVELS OF ELIGIBILITY, AND TO REFUSE TO PARTICIPATE IN THE EXPANSION OF MEDICAID PURSUANT TO THE ACA; TO ENACT THE "NAVIGATOR BACKGROUND CHECK ACT" BY ADDING ARTICLE 21 TO CHAPTER 71, TITLE 38 SO AS TO PROVIDE NECESSARY DEFINITIONS, TO PROVIDE CRITERIA FOR REGISTRATION AS A HEALTH CARE INSURANCE NAVIGATOR, TO REQUIRE REGISTRATION OF A PERSON ACTING AS A HEALTH CARE INSURANCE NAVIGATOR, TO PROVIDE RELATED DUTIES OF THE DEPARTMENT OF INSURANCE AND THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND TO PROVIDE PENALTIES FOR A VIOLATION; TO AMEND SECTION 38-3-110, AS AMENDED, RELATING TO THE DUTIES OF THE CHIEF INSURANCE COMMISSIONER, TO REQUIRE THE COMMISSIONER TO TAKE ALL REASONABLE ACTION TO LIMIT FEDERAL INTRUSION INTO THE REGULATION OF INSURANCE IN THIS STATE; AND TO AUTHORIZE THE GOVERNOR TO COMMUNICATE THE


Printed Page 2127 . . . . . Wednesday, March 26, 2014

CONTENTS OF THIS ACT TO OUR SISTER STATES AND REQUEST AN EXPRESSION OF THEIR SENTIMENTS REGARDING THE ACA.
Referred to Committee on Labor, Commerce and Industry

H. 4983 (Word version) -- Rep. Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA DATING VIOLENCE PREVENTION POLICY ACT"; BY ADDING SECTION 59-1-490 SO AS TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO DEVELOP A MODEL DATING VIOLENCE PREVENTION POLICY FOR USE BY SCHOOL DISTRICTS IN DEVELOPING POLICIES FOR REPORTING AND RESPONDING TO DATING VIOLENCE AMONG STUDENTS IN GRADES SIX THROUGH TWELVE, TO SPECIFY REQUIREMENTS OF THE POLICIES, TO PROVIDE ADDITIONAL REQUIREMENTS FOR SCHOOL DISTRICTS WITH RESPECT TO PUBLISHING THE POLICY AND PROVIDING NOTIFICATION OF THE POLICY AND COPIES OF THE POLICY TO PARENTS AND GUARDIANS OF STUDENTS IN THE DISTRICT, TO PROVIDE THAT THE ACT DOES NOT ALTER RELATED CRIMINAL OR CIVIL CAUSES OF ACTION OR REMEDIES, AND TO MAKE IMPLEMENTATION OF CERTAIN PROVISIONS OF THE ACT CONTINGENT UPON AVAILABILITY OF FUNDING.
Referred to Committee on Judiciary

H. 4984 (Word version) -- Reps. Allison, Stavrinakis and J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 60-15-75 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF CRITERIA AND GUIDELINES FOR STATE-DESIGNATED CULTURAL DISTRICTS BY THE SOUTH CAROLINA ARTS COMMISSION, TO STATE THE INTENDED PURPOSE OF THE CULTURAL DISTRICTS, AND TO PROVIDE RELATED POWERS AND DUTIES OF THE COMMISSION WITH RESPECT TO THE CULTURAL DISTRICTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4985 (Word version) -- Reps. Huggins and Atwater: A BILL TO AMEND SECTION 50-11-355, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING DEER WITHIN THREE


Printed Page 2128 . . . . . Wednesday, March 26, 2014

HUNDRED YARDS OF A RESIDENCE WITHOUT PERMISSION OF THE OWNER AND OCCUPANT, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO A LANDOWNER'S GUESTS OR LESSEES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

ROLL CALL

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

Allison                Anderson               Anthony
Atwater                Bales                  Ballentine
Barfield               Bedingfield            Bowen
Branham                G. A. Brown            R. L. Brown
Burns                  Chumley                Cobb-Hunter
Cole                   H. A. Crawford         Crosby
Daning                 Delleney               Dillard
Douglas                Edge                   Erickson
Felder                 Forrester              Funderburk
Gagnon                 George                 Goldfinch
Govan                  Hamilton               Hardee
Hardwick               Harrell                Hayes
Henderson              Herbkersman            Hiott
Hodges                 Hosey                  Howard
Huggins                Jefferson              King
Knight                 Limehouse              Loftis
Long                   Lucas                  Mack
McCoy                  McEachern              W. J. McLeod
Merrill                D. C. Moss             V. S. Moss
Munnerlyn              Murphy                 Newton
Norman                 R. L. Ott              Owens
Parks                  Pitts                  Pope
Putnam                 Ridgeway               Riley
Rivers                 Robinson-Simpson       Rutherford
Ryhal                  Sabb                   Sandifer
Skelton                G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Toole                  Weeks                  Wells

Printed Page 2129 . . . . . Wednesday, March 26, 2014

Whipper                Whitmire               Williams
Wood

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 26.

Beth Bernstein                    Kenny Bingham
William Bowers                    Alan D. Clemmons
Wendell Gilliard                  Chris Hart
William "Bill" Hixon              Jenny A. Horne
Ralph Kennedy                     Mia S. McLeod
Joseph Neal                       Mandy Powers Norrell
Andy Patrick                      Richard "Rick" Quinn
Gary Simrill                      Edward L. Southard
Ted Vick                          Brian White
Mark Willis                       Wendy Nanney
Bakari Sellers                    Douglas "Doug" Brannon
Bruce W. Bannister                Harold Mitchell

Total Present--118

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

STATEMENT OF ATTENDANCE

Rep. J. E. SMITH, VICK, MITCHELL and SELLERS signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, March 25.

DOCTOR OF THE DAY

Announcement was made that Dr. George Cone of Greenwood, was the Doctor of the Day for the General Assembly.


Printed Page 2130 . . . . . Wednesday, March 26, 2014

SPECIAL PRESENTATION

Reps. DOUGLAS and MCEACHERN presented to the House the Kelly Mill Middle School Economics Team, winners of the 2013 South Carolina Finance Challenge, their coaches, and other school officials.

CO-SPONSORS ADDED

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."

CO-SPONSOR ADDED

Bill Number:   H. 4850 (Word version)
Date:   ADD:
03/26/14   BANNISTER

CO-SPONSOR ADDED

Bill Number:   H. 3361 (Word version)
Date:   ADD:
03/26/14   R. L. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 4386 (Word version)
Date:   ADD:
03/26/14   W. J. MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 4629 (Word version)
Date:   ADD:
03/26/14   LOFTIS


Printed Page 2131 . . . . . Wednesday, March 26, 2014

CO-SPONSOR ADDED

Bill Number:   H. 4673 (Word version)
Date:   ADD:
03/26/14   GAGNON

CO-SPONSOR ADDED

Bill Number:   H. 4803 (Word version)
Date:   ADD:
03/26/14   COBB-HUNTER

CO-SPONSOR ADDED

Bill Number:   H. 4914 (Word version)
Date:   ADD:
03/26/14   THAYER

CO-SPONSOR ADDED

Bill Number:   H. 4979 (Word version)
Date:   ADD:
03/26/14   PITTS

LEAVE OF ABSENCE

The SPEAKER granted Rep. MCCOY a temporary leave of absence to attend a Senate hearing.

LEAVE OF ABSENCE

The SPEAKER granted Rep. ERICKSON a temporary leave of absence to attend a Senate hearing.

STATEMENTS FOR THE JOURNAL

We request temporary leave to attend the DSS hearing and Foster Care investigation in the Senate's Gressette Building.

Rep. Shannon A. Erickson

Rep. Peter McCoy

S. 798--DEBATE ADJOURNED

The following Bill was taken up:

S. 798 (Word version) -- Senators Malloy and Williams: A BILL TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF MARLBORO COUNTY, SO AS TO REVISE THE MANNER IN WHICH CANDIDATES FOR ELECTION TO THE


Printed Page 2132 . . . . . Wednesday, March 26, 2014

SCHOOL BOARD ARE DEEMED TO BE ELECTED, TO PROVIDE THE COUNTY SCHOOL BOARD MAY DETERMINE SALARIES AND ALLOWANCES OF BOARD MEMBERS AND APPROVE LOCAL TAX FUNDS NEEDED FOR THESE SALARIES AND ALLOWANCES, AND TO DELETE PROVISIONS REQUIRING THE BOARD MEMBERS TO RECEIVE A PER DIEM AND THE CHAIRMAN TO RECEIVE ADDITIONAL COMPENSATION.

Rep. HAYES moved to adjourn debate on the Bill until Tuesday, April 1, which was agreed to.

H. 4452--DEBATE ADJOURNED

The following Bill was taken up:

H. 4452 (Word version) -- Rep. Finlay: A BILL TO AMEND SECTION 8-13-1348, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CAMPAIGN FUNDS AND REQUIREMENTS PERTAINING TO AUTHORIZED USE, SO AS TO REVISE REQUIREMENTS REGARDING THE PAYMENT OR REIMBURSEMENT OF TRAVEL, LODGING, AND FOOD AND BEVERAGE EXPENSES, REQUIREMENTS REGARDING CAMPAIGN COMMUNICATION OR OFFICE EQUIPMENT, AND REQUIREMENTS REGARDING CAMPAIGN OR OFFICE STAFF.

Rep. DELLENEY moved to adjourn debate on the Bill, which was adopted.

H. 4454--DEBATE ADJOURNED

The following Bill was taken up:

H. 4454 (Word version) -- Rep. Finlay: A BILL TO AMEND SECTION 8-13-1348, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZED USES OF CAMPAIGN FUNDS AND THE MANNER IN WHICH EXPENDITURES OF MORE THAN TWENTY-FIVE DOLLARS MUST BE PAID, SO AS TO DELETE THE TWENTY-FIVE DOLLAR THRESHOLD, REVISE THE MANNER IN WHICH CAMPAIGN EXPENDITURES MUST


Printed Page 2133 . . . . . Wednesday, March 26, 2014

BE PAID, AND REVISE PROVISIONS PERTAINING TO CAMPAIGN ACCOUNT PETTY CASH FUNDS.

Rep. DELLENEY moved to adjourn debate on the Bill, which was adopted.

H. 4455--DEBATE ADJOURNED

The following Bill was taken up:

H. 4455 (Word version) -- Rep. Finlay: A BILL TO AMEND SECTION 8-13-1312, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN BANK ACCOUNTS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CANDIDATE OR CAMPAIGN EXPENSES MUST BE PAID.

Rep. DELLENEY moved to adjourn debate on the Bill, which was adopted.

H. 4457--DEBATE ADJOURNED

The following Bill was taken up:

H. 4457 (Word version) -- Rep. Finlay: A BILL TO AMEND SECTION 8-13-1348, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE USE OF CAMPAIGN FUNDS FOR PERSONAL EXPENSES AND OTHER RELATED PROVISIONS, SO AS TO PROVIDE THAT FINES, FEES, OR OTHER CHARGES IMPOSED BY AN APPROPRIATE SUPERVISORY OFFICE MAY NOT BE PAID FROM CAMPAIGN FUNDS.

Rep. DELLENEY moved to adjourn debate on the Bill, which was adopted.

S. 815--DEBATE ADJOURNED

The following Bill was taken up:

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


Printed Page 2134 . . . . . Wednesday, March 26, 2014

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. DELLENEY moved to adjourn debate on the Bill, which was adopted.

H. 4732--DEBATE ADJOURNED

The following Bill was taken up:

H. 4732 (Word version) -- Reps. J. E. Smith and Clemmons: A BILL TO AMEND SECTIONS 7-11-20, 7-11-25, AND 7-13-15, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, RESPECTIVELY, TO THE CONDUCT BY THE STATE ELECTION COMMISSION OF PARTY CONVENTIONS OR PARTY PRIMARY ELECTIONS, THE AUTHORITY OF POLITICAL PARTIES TO CONDUCT ADVISORY PRIMARY ELECTIONS AT PARTY EXPENSE, AND THE DATE PROVIDED BY LAW FOR HOLDING PRIMARY ELECTIONS AND THE PRIMARIES NOT SUBJECT TO THAT DATE, SO AS TO DELETE OBSOLETE DATE REFERENCES, TO CLARIFY THE AUTHORITY OF A POLITICAL PARTY TO CONDUCT AN ADVISORY PRIMARY AT PARTY EXPENSE, TO CLARIFY THAT THE DATE OF A PRESIDENTIAL PREFERENCE PRIMARY CONDUCTED BY THE STATE ELECTION COMMISSION MUST BE SET BY THE PARTY RATHER THAN THE GENERAL STATE LAW DATE FOR PRIMARIES AND TO ALLOW THE STATE ELECTION COMMISSION TO CARRY FORWARD ANY YEAR END BALANCES IN ITS FILING FEE AND PRIMARY AND GENERAL ELECTION ACCOUNTS TO THE SUCCEEDING FISCAL YEAR, AND TO PROVIDE THAT THESE CARRIED FORWARD FUNDS MUST BE EXPENDED FOR THE SAME PURPOSE.

Rep. DELLENEY moved to adjourn debate on the Bill, which was adopted.

SPEAKER PRO TEMPORE IN CHAIR


Printed Page 2135 . . . . . Wednesday, March 26, 2014

H. 4519--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4519 (Word version) -- Reps. Pitts, D. C. Moss, Pope, Merrill, Gambrell, Patrick, Rutherford, Loftis, Clyburn, Toole, Atwater, Burns, G. M. Smith, K. R. Crawford, Lowe, Bannister, Bingham, Herbkersman, Sandifer, Simrill, G. R. Smith, Tallon and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4 TO TITLE 2 SO AS TO ESTABLISH THE CAPITOL POLICE FORCE, WHICH CONSISTS OF THE CAPITOL POLICE FORCE, THE SERGEANT AT ARMS OF THE SENATE, THE SERGEANT AT ARMS OF THE HOUSE OF REPRESENTATIVES, AND THE MARSHAL OF THE SUPREME COURT, TO PROVIDE THAT THE FUNCTIONS, POWERS, DUTIES, AND RESPONSIBILITIES EXERCISED BY THE DEPARTMENT OF PUBLIC SAFETY AND THE BUREAU OF PROTECTIVE SERVICES AT THE STATE HOUSE AND CAPITOL GROUNDS AND THE SUPREME COURT BUILDING, ITS GROUNDS AND PARKING LOT, INCLUDING ALL CLASSIFIED AND UNCLASSIFIED EMPLOYEES WHOSE DUTIES INVOLVE THE PROVISION OF SECURITY SERVICES AT THESE AREAS, BUT EXCLUDING THOSE AREAS OF THE STATE HOUSE THAT ARE RESERVED FOR THE EXECUTIVE CHAMBER AND THE GOVERNOR'S STAFF, ARE DEVOLVED UPON AND TRANSFERRED TO THE CAPITOL POLICE FORCE, TO PROVIDE THAT THE SERGEANT AT ARMS OF THE SENATE AND THE SERGEANT AT ARMS OF THE HOUSE OF REPRESENTATIVES SHALL HAVE EXCLUSIVE CARE AND CHARGE OVER SPECIFIC AREAS, AND PROVIDE THAT THE MARSHAL OF THE SUPREME COURT SHALL HAVE PRIMARY RESPONSIBILITY OVER THE SUPREME COURT BUILDING, ITS GROUNDS AND PARKING LOT, AND OTHER SPECIFIED AREAS, TO PROVIDE FOR THE CREATION OF THE CAPITOL POLICE FORCE COMMITTEE, CONSISTING OF THREE MEMBERS OF THE SENATE APPOINTED BY THE PRESIDENT PRO TEMPORE, THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES APPOINTED BY THE SPEAKER, AND THREE MEMBERS APPOINTED BY THE CHIEF JUSTICE OF THE SUPREME COURT, TO PROVIDE THAT THE DIRECTOR OF GENERAL SERVICES SHALL SERVE AS A NONVOTING MEMBER OF THE COMMITTEE, TO PROVIDE FOR THE


Printed Page 2136 . . . . . Wednesday, March 26, 2014

DUTIES OF THE CAPITOL POLICE FORCE COMMITTEE, TO PERMIT THE CHIEF OF THE CAPITOL POLICE FORCE TO EMPLOY SUCH DEPUTY OFFICERS AND OTHER EMPLOYEES AS NECESSARY, TO PROVIDE THAT THE CHIEF OF THE CAPITOL POLICE FORCE, THE SERGEANTS AT ARMS OF THE SENATE AND HOUSE, THE MARSHAL OF THE SUPREME COURT, AND ALL THEIR DEPUTIES SHALL HAVE THE SAME POLICE POWERS AS SHERIFFS AND DEPUTY SHERIFFS, TO PROVIDE THAT THE CHIEF OF THE CAPITOL POLICE FORCE MAY ENTER INTO RECIPROCAL LAW ENFORCEMENT AGREEMENTS, TO PROVIDE THAT THE CHIEF OF THE CAPITOL POLICE FORCE, AND HIS DEPUTIES SHALL DEMONSTRATE KNOWLEDGE OF THE DUTIES OF LAW ENFORCEMENT OFFICERS OR UNDERGO TRAINING REQUIRED OF OFFICERS OF THE SOUTH CAROLINA STATE POLICE, AND TO PROVIDE FOR THE DUTIES OF THE CAPITOL POLICE FORCE OFFICERS; BY ADDING SECTION 14-3-135 SO AS TO PROVIDE FOR THE APPOINTMENT OF A MARSHAL OF THE SUPREME COURT AND TO DEFINE HIS DUTIES; TO AMEND SECTION 10-1-30, RELATING TO THE USE OF THE STATE HOUSE LOBBIES, STATE HOUSE STEPS, AND OTHER PUBLIC BUILDINGS AND GROUNDS, SO AS TO FURTHER PROVIDE FOR THE USE OF THESE FACILITIES AND HOW THIS USE IS REGULATED, AND TO PROVIDE THAT THE CAPITOL POLICE FORCE SHALL PROVIDE SECURITY SERVICES FOR ALL USES OF THE STATE HOUSE LOBBIES, STATE HOUSE STEPS AND GROUNDS, AND ALL PUBLIC BUILDINGS AND GROUNDS IN THE CAPITOL COMPLEX; TO AMEND CHAPTER 11, TITLE 10, RELATING TO TRESPASSES AND OFFENSES ON THE CAPITOL GROUNDS AND IN CAPITOL BUILDINGS, AND RELATED MATTERS, SO AS TO FURTHER PROVIDE FOR THESE TRESPASSES AND OFFENSES, FOR LAW ENFORCEMENT AUTHORITY OVER THEM, AND THE RELATED JURISDICTION OF SPECIFIED COURTS, INCLUDING PROVISIONS TO PROVIDE THAT THE PARKING LOTS ON THE CAPITOL GROUNDS AND AT THE SUPREME COURT BUILDING MUST BE POLICED BY THE CAPITOL POLICE FORCE, TO DELETE PROVISIONS RELATING TO NIGHT WATCHMEN AND POLICEMEN EMPLOYED BY THE STATE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE CAPITOL POLICE FORCE HAS THE RIGHT TO


Printed Page 2137 . . . . . Wednesday, March 26, 2014

ISSUE PARKING TICKETS, TO DELETE REFERENCES TO THE CITY OF COLUMBIA RECORDER, AND TO FURTHER PROVIDE FOR THE JURISDICTION OF CERTAIN COURTS IN CRIMINAL MATTERS ARISING IN THESE LOCATIONS, TO DELETE REFERENCES TO THE STATE HOUSE RENOVATION PROJECT, AND TO REVISE THE DEFINITION OF "CAPITOL GROUNDS" SO AS TO INCLUDE THE SUPREME COURT BUILDING, ITS GROUNDS AND PARKING LOT.

The Committee on Judiciary proposed the following Amendment No. 1 to H. 4519 (COUNCIL\NL\4519C001.NL.SD14), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Title 2 of the 1976 Code is amended by adding:

"CHAPTER 4
Capitol Police Force

Section 2-4-10.   (A)   In order to provide adequate police protection for the State House, the capitol grounds, and all employees and visitors thereto, there is established the 'Capitol Police Force'.

(B)   The Capitol Police Force consists of the:

(1)   Capitol Police Force, as described in this chapter;

(2)   Sergeant at Arms of the Senate, as described in Chapter 3, Title 2; and

(3)   Sergeant at Arms of the House of Representatives, as described in Chapter 3, Title 2.

Section 2-4-20.   The functions, powers, duties, responsibilities, and authority exercised by the Department of Public Safety and the Bureau of Protective Services at the State House and capitol grounds, in all state buildings and parking lots and garages on or around the capitol grounds, as defined in Section 10-11-310, including all classified and unclassified positions currently held by Department of Public Safety and the Bureau of Protective Services employees whose duties involve providing security services at these locations, and all real and personal property and equipment used in the provision of these security services, are transferred to and devolved upon the Capitol Police Force. This transfer excludes those powers, duties, responsibilities, and authority related to the provision of security for the Governor, the Governor's staff, and that part of the State House reserved for the executive chamber and the offices of the Governor's staff.


Printed Page 2138 . . . . . Wednesday, March 26, 2014

Section 2-4-30.   (A)   The Capitol Police Force consists of the:

(1)   Chief of the Capitol Police Force and those deputy officers and other employees as he may employ pursuant to this chapter;

(2)   Sergeant at Arms of the Senate and those deputy officers and other employees as provided in Chapter 3, Title 2; and

(3)   Sergeant at Arms of the House of Representatives and those deputy officers and other employees as provided in Chapter 3, Title 2.

(B)   The Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives, and their deputy officers shall have exclusive care and charge over those areas of the State House described in Section 2-3-100, and shall have primary care and charge over those buildings on the capitol grounds where their respective members' offices and committee meeting rooms are located, and shall have primary responsibility for providing security services for their respective members attending public meetings located outside the State House and the capitol grounds. At public meetings attended by their respective members, the Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives, and their deputy officers may be assisted by local law enforcement.

Section 2-4-40.   (A)   There is established a committee to be known as the 'Capitol Police Force Committee', consisting of the Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives. The Director of General Services shall serve as a nonvoting member of the committee.

(B)   The Capitol Police Force Committee shall:

(1)   appoint a Chief of the Capitol Police Force who shall serve at the pleasure of the committee and may be removed from office by the committee at its discretion;

(2)   promulgate regulations pertaining to its areas of responsibility;

(3)   establish the salaries of the chief, deputy officers or other police officers, and all employees of the Capitol Police Force, subject to appropriations being provided in the general appropriations act; and

(4)   adopt reasonable employment policies and practices for employees of the Capitol Police Force who shall be considered covered by the provisions of Article 3, Chapter 17, Title 8.

Section 2-4-50.   The Chief of the Capitol Police Force shall:

(1)   adopt rules and policies necessary to organize and provide for the operation of the Capitol Police Force, subject to review and approval by the Capitol Police Force Committee;


Printed Page 2139 . . . . . Wednesday, March 26, 2014

(2)   employ those deputy officers and other employees as necessary to carry out the provisions of this chapter; and

(3)   apply for and accept, with the approval of the Capitol Police Force Committee, any grants or other available forms of revenue, both public and private, that will assist in funding the provision of security services on the capitol grounds.

Section 2-4-60.   (A)   The Chief of the Capitol Police Force, the Sergeant at Arms of the Senate, the Sergeant at Arms of the House of Representatives, and their deputy officers have the same arrest power and power to serve criminal processes against offenders as officers of the South Carolina Law Enforcement Division and the same power as officers to arrest without warrants and to detain persons found violating or attempting to violate any laws of the State. The Chief of the Capitol Police Force, the Sergeant at Arms of the Senate, the Sergeant at Arms of the House of Representatives, and their deputy officers also have the same power and authority held by officers of the South Carolina Law Enforcement Division for the enforcement of the criminal laws of the State.

(B)   The Chief of the Capitol Police Force is authorized to enter into written agreements between other law enforcement jurisdictions for the purpose of criminal investigations pursuant to Section 23-1-215.

(C)   The Chief of the Capitol Police Force is required to furnish evidence to the Capitol Police Force Committee that he is knowledgeable as to the duties and responsibilities of a law enforcement officer or is required to undergo training in this field as is required of officers of the South Carolina Law Enforcement Division. All deputy officers are required to furnish evidence to the Chief of the Capitol Police Force that they are knowledgeable as to the duties and responsibilities of a law enforcement officer or are required to undergo training in this field as is required of officers of the South Carolina Law Enforcement Division.

(D)   The Chief of the South Carolina Law Enforcement Division, or his designee, shall provide annual training to the Chief of the Capitol Police Force, the Sergeant at Arms of the Senate, the Sergeant at Arms of the House of Representatives, and their deputy officers.

(E)   The Chief of the Capitol Police Force shall request assistance in providing security services at the State House and capitol grounds for special events and at any time when, in the discretion of the Chief of the Capitol Police Force, it is required. The Director of the Department of Public Safety, the Chief of the South Carolina Law Enforcement Division, the Chief of the City of Columbia Police, and


Printed Page 2140 . . . . . Wednesday, March 26, 2014

any other law enforcement agency, shall provide assistance when requested by the Chief of the Capitol Police.

(F)   The Chief of the Capitol Police force shall coordinate criminal investigations conducted on the capitol grounds with the South Carolina Law Enforcement Division, and shall request its assistance with criminal investigations, when, in the discretion of the Chief of the Capitol Police Force, it is appropriate. The Chief of the South Carolina Law Enforcement Division shall provide assistance in criminal investigations when requested by the Chief of the Capitol Police Force.

Section 2-4-70.   (A)   The Chief of the Capitol Police Force, the Sergeant at Arms of the Senate, the Sergeant at Arms of the House of Representatives, and their deputy officers shall:

(1)   protect persons and property at the State House and capitol grounds, in all state buildings, parking lots and garages on or around the capitol grounds, as defined in Section 10-11-310;

(2)   preserve and maintain proper order and decorum;

(3)   prevent unlawful assemblies and disorderly conduct;

(4)   enforce the laws pertaining to trespass and other offenses provided for in Chapter 11, Title 10;

(5)   provide security services for all persons and property involved in the operation and parking of motor vehicles in state parking lots and garages on or around the capitol grounds; and

(6)   enforce the laws of the State of South Carolina and arrest, with or without warrant, a person upon or in the areas described in this section who is or is reasonably believed to be committing an offense against any laws of the State of South Carolina, and to deliver the person to any court of competent jurisdiction to be dealt with according to the law.

(B)   The Chief of the Capitol Police Force and his deputy officers have primary care and charge over those areas of the State House and the capitol grounds not reserved to the Sergeant at Arms of the Senate, and the Sergeant at Arms of the House of Representatives, pursuant to Section 2-4-30. Additionally, the Chief of the Capitol Police Force and his deputy officers shall have authority to patrol and respond to security or law enforcement-related matters in any area located within a one block radius beyond the capitol grounds, as defined in Section 2-4-80.

Section 2-4-80.   For purposes of this section, 'capitol grounds' means that area inward from the vehicular traveled surfaces of Gervais, Sumter, Pendleton, and Assembly streets in the City of Columbia."


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SECTION   2.   Section 10-1-30 of the 1976 Code is amended to read:

"Section 10-1-30.   (A)   The Director of the Division of General Services of the State Budget and Control Board may authorize the use of the State House lobbies, in accordance with applicable laws, and policies adopted by the Capitol Police Force Committee. Additionally, the Director of the Division of General Services may authorize the use of the State House steps and grounds, and other public buildings and grounds in accordance with regulations promulgated by the board applicable provisions of law, and policies adopted by the Capitol Police Force Committee.

(B)   The director shall obtain the approval of the Clerk of the Senate before authorizing any use of the Gressette Building and shall obtain the approval of the Clerk of the House of Representatives before authorizing any use of the Blatt Building.

(C)   The regulations must contain provisions to insure that the public health, safety, and welfare will be protected in the use of the areas including reasonable time, place, and manner restrictions and application periods before use. If sufficient measures cannot be taken to protect the public health, safety, and welfare, the director shall deny the requested use. Other restrictions may be imposed on the use of the areas as are necessary for the conduct of business in those areas and the maintenance of the dignity, decorum, and aesthetics of the areas.

(D)   The Capitol Police Force shall provide security services for all uses of the State House lobbies, State House steps and grounds, and all public buildings and grounds on the capitol grounds, except as limited by Section 2-4-20. The director shall consult with the Chief of the Capitol Police Force regarding security issues before authorizing the use of or the placement of restrictions on the use of the State House lobbies, steps, grounds, or public buildings and grounds on the capitol grounds."
SECTION   3.   Chapter 11, Title 10 of the 1976 Code is amended to read:

"CHAPTER 11
Trespasses and Offenses
Article 1
General Provisions

Section 10-11-10.   It shall be is unlawful for any a person, without the permission of the State Budget and Control Board or a member of that board, to enter upon or walk upon the roof of the State House. Any A person violating the provisions of this section, upon conviction, shall must be punished by a fine of fined not more than one


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hundred dollars or imprisoned for not more than thirty days on the public works of Richland County for each offense.

Section 10-11-20.   It shall be is unlawful to use the State House or capitol grounds for any purpose not authorized by law. Any A violation of the provisions of this section shall be is punishable by imprisonment for a period not exceeding thirty days or by a fine of not over one hundred dollars.

Section 10-11-30.   It shall be is unlawful for any a person to trespass upon the grass plots or flower beds of the capitol grounds of the State House or of the Governor's mansion, or of the grounds surrounding any of the state office buildings located in the area bounded by Assembly, Gervais, Bull, and Pendleton Streets in the City of Columbia, to damage or deface any of the buildings, or to cut down, deface, mutilate, or otherwise injure any of the statues, trees, shrubs, grasses, or flowers on the grounds or commit any other trespass upon any property of the State, real or personal, located thereon on them.

Section 10-11-40.   It shall be is unlawful for any a person, except state officers and employees and persons having lawful business in the buildings on the capitol grounds, to use any of the driveways, alleys, or parking spaces upon any of the property of the State, bounded by Assembly, Gervais, Bull and Pendleton Streets in the city of Columbia within the capitol grounds, upon any regular weekday, Saturdays and holidays excepted, between the hours of eight-thirty a.m. and five-thirty p.m., whenever the buildings are open for business.

Section 10-11-50.   It shall be is unlawful for anyone a person to park any a vehicle on any of the property described in Section 10-11-40 and subsection (2) of Section 10-11-80(B) except in the spaces and manner now marked and designated or that may be hereafter be marked and designated by the State Budget and Control Board, in cooperation with the Department of Transportation and the Capitol Police Force, or to block or impede traffic through the alleys and driveways.

Section 10-11-60.   It shall be is unlawful to operate a motor vehicle on any of the property described in Section 10-11-40 and subsection (2) of Section 10-11-80(B) at a speed in excess of ten miles per hour. All of the state laws regulating traffic upon the highways and streets shall apply to the operation of motor vehicles within the area, except as modified hereby in this article.

Section 10-11-70.   All of the general criminal laws of the State are hereby declared to be in full force and effect within the area described in Sections 10-11-30 and 10-11-40 and subsection (2) of Section 10-11-80(B).


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Section 10-11-80.   (1)(A)   Except as provided in subsection (B), parking lots which are situated on the property of the State shall be are reserved for the employees of the State. The parking lots referred to by this section shall must be policed by the Department of Public Safety and no person not authorized by this section shall be is allowed to occupy such these parking lots. Parking lots referred to in this section are confined to those located in the City of Columbia.

(2) (B)   The parking lot located on the corner of Main and Senate Streets shall be reserved exclusively for members of the General Assembly, the clerks, chaplains, sergeants at arms, reading clerks of both houses and the Code Commissioner during such time as the legislature is in session, after which it shall be reserved as other state parking lots. lots located upon, around, or under any of the property of the State bounded by Assembly, Gervais, Sumter, and Pendleton streets in the City of Columbia must be policed by the Capitol Police Force, and no unauthorized person is allowed to occupy these parking lots. The use of this lot these lots by an unauthorized persons shall constitute person constitutes a misdemeanor, punishable as provided for in Section 10-11-120.

Section 10-11-90.   The watchmen and policemen employed by the Budget and Control Board for the protection of the property described in Sections 10-11-30 and 10-11-40 and subsection (2) of Section 10-11-80 are hereby vested with all of the powers, privileges and immunities of constables while on this area or in fresh pursuit of those violating the law in this area, provided that such watchmen and policemen take and file the oath required of peace officers, execute and file bond in the form required of State constables, in the amount of one thousand dollars, with the Budget and Control Board, and be duly commissioned by the Governor. Reserved.

Section 10-11-100.   In addition to the enforcement of Sections 10-11-30 to 10-11-70 and subsection (2) of Section 10-11-80 by the watchmen mentioned in Section 10-11-90, All lawful highway patrolmen and police officers of the City of Columbia may enforce the criminal laws of this State and the provisions of such these sections and subsection within the area described in Sections 10-11-30 and 10-11-40 and subsection (2) of Section 10-11-80(B).

Section 10-11-110.   In connection with traffic and parking violations only, the watchmen and policemen referred to in Section 10-11-90 the Capitol Police Force, state highway patrolmen, and policemen of the City of Columbia shall have the right to issue and use parking tickets of the type used by the City of Columbia, with such


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changes as are necessitated hereby by this article, to be prepared and furnished by the State Budget and Control Board, upon the issuance of which the procedures shall must be followed as prevail in connection with the use of parking tickets by the City of Columbia. Nothing herein shall restrict in this article restricts the application and use of regular arrest warrants.

Section 10-11-120.   The violation of any of the provisions of Sections 10-11-40 to 10-11-60 and subsection (2) of Section 10-11-80(B) shall constitute constitutes a misdemeanor and, upon conviction thereof, the offender shall must be punished by a fine of fined not more than one hundred dollars or imprisonment for imprisoned not more than thirty days. The penalties for violation of any of the other criminal laws of the State shall be are as provided for by law.

Section 10-11-130.   The recorder of the City of Columbia and the magistrate of the Columbia district are hereby separately municipal judges and the Richland County magistrates are vested with all jurisdiction necessary to hear, try, and determine criminal cases involving any violations of Sections 10-11-30 to 10-11-120 where the punishment does not exceed a fine of one hundred dollars or imprisonment of thirty days the jurisdictional limits of municipal court or magistrates court.

Section 10-11-140.   Nothing contained in this article shall may be construed to abridge the authority of the State Budget and Control Board to grant permission to use the State House grounds for educational, electrical decorations, and similar purposes.

Section 10-11-150.   In order to preserve public safety and provide appropriate staging space in the areas adjacent to the Capitol complex during the period of the State House Renovation Project, notwithstanding any provision of law or ordinance to the contrary, the Department of Transportation is empowered and directed to take appropriate steps regarding traffic routing and flow and pedestrian access in the area around the Capitol Complex as directed by the committee established by Section 2 of an act of 1995 bearing ratification no. 62.

Article 3
Offenses on Capitol Grounds
and in Capitol Building

Section 10-11-310.   As used in this article, 'capitol grounds' shall be is that area inward from the vehicular traveled surfaces of Gervais,


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Sumter, Senate Pendleton, and Assembly streets in the City of Columbia.

Section 10-11-315.   It is unlawful for a person to wilfully and maliciously deface, vandalize, damage, or destroy or attempt to deface, vandalize, damage, or destroy any monument, flag, flag support, memorial, fence, or structure located on the capitol grounds, and a person convicted of a violation of this section shall must be punished pursuant to the provisions of Section 10-11-360.

Section 10-11-320.   (A)   It is unlawful for any a person or group of persons to:

(1)   carry or have readily accessible to the person upon the capitol grounds or within the capitol building any firearm or dangerous weapon; or

(2)   discharge any firearm or to use any dangerous weapon upon the capitol grounds or within the capitol building State House.

(B)   This section does not apply to a person who possesses a concealable weapons' permit pursuant to Article 4, Chapter 31, Title 23 and is authorized to park on the capitol grounds or in the parking garage below the capitol grounds. The firearm must remain locked in the person's vehicle while on or below the capitol grounds and must be stored in a place in the vehicle that is not readily accessible to any person upon entry to or below the capitol grounds, except for those persons named in Section 23-31-240 who may carry concealable weapons anywhere within the State when carrying out the duties of their office, if they possess a valid permit.

Section 10-11-325.   (A)   It is unlawful for a person knowingly to possess, have readily accessible to the person, or transport by any means upon the capitol grounds or within the capitol building State House any explosive, destructive device, or incendiary device. A person who violates this subsection is guilty of a felony and, upon conviction, must be imprisoned for not less than two years nor more than fifteen years.

(B)   It is unlawful for a person intentionally to detonate an explosive or destructive device or ignite any incendiary device upon the capitol grounds or within the capitol building State House. A person who violates this subsection is guilty of a felony and, upon conviction:

(1)   in cases resulting in the death of another person where there was malice aforethought, must be punished by death, by imprisonment for life, or by a mandatory minimum term of imprisonment for thirty years;


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(2)   in cases resulting in the death of another person where there was not no malice aforethought, must be imprisoned not less than two years nor more than thirty years;

(3)   in cases resulting in injury to a person, must be imprisoned for not less than ten years nor more than twenty-five years; or

(4)   in cases resulting in damage to a building or other real or personal property, must be imprisoned for not less than two years nor more than twenty-five years.

Section 10-11-330.   It shall be is unlawful for any a person or group of persons willfully wilfully and knowingly to:

(a)   to enter or to remain within the capitol building State House unless such the person is authorized by law or by rules of the House or Senate, or of the State Budget and Control Board, or the Capitol Police Force, when such the entry is done for the purpose of uttering loud, threatening, and abusive language or to engage in any disorderly or disruptive conduct with the intent to impede, disrupt, or disturb the orderly conduct of any session of the legislature or the orderly conduct within the building or of any hearing before or any deliberation of any committee or subcommittee of the legislature;

(b)   to obstruct or to impede passage within the capitol grounds or building State House;

(c)   to engage in any act of physical violence upon the capitol grounds or within the capitol building State House; or

(d)   to parade, demonstrate, or picket within the capitol building State House.

Section 10-11-340.   Nothing contained in this article prohibits any officer or employee or persons otherwise authorized and required to perform duties within the capitol building State House from performing their normal duties, including the carrying of firearms, except as may be limited by the rules of either House within their respective chambers.

Section 10-11-350.   Nothing contained in this article shall prohibit prohibits the normal, peaceful entry of the general public upon the capitol grounds or within the capitol building State House, subject only to laws or rules governing that portion of the capitol grounds which may be entered and the hours during which the capitol building State House shall be is open.

Section 10-11-360.   A person who violates the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three


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years, or both. The penalties provided for in this section do not apply to Section 10-11-325."
SECTION   4.   (A)   Where the provisions of this act transfer particular entities, sections, divisions, or portions thereof of one state agency (transferring agency) to another state agency or entity (receiving agency), the employees, authorized appropriations, and real and personal property of the transferring agency are also transferred to and become part of the receiving agency unless otherwise specifically provided. All classified or unclassified personnel of the transferring agency shall become employees of the receiving department or division, with the same compensation, classification, and grade level, as applicable. The State Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer and, in consultation with the agency head of the transferring and receiving agencies, shall prescribe the manner in which the transfer provided for in this section must be accomplished. The board's action in facilitating the provisions of this section are ministerial in nature and must not be construed as an approval process over any of the transfers.

(B)   Employees or personnel of the transferring agency transferred to or made a part of the receiving agency shall continue to occupy the same office locations and facilities which they now occupy unless or until otherwise changed by appropriate action and authorization, and shall maintain their seniority within the transferring agency should they decide to remain in their positions or subsequently apply for a position back with the transferring agency. The rent and physical plant operating costs of these offices and facilities, if any, must continue to be paid by the transferring agency until otherwise provided by the General Assembly. The records and files of the transferring agency must remain the property of the transferring agency, except that the transferred personnel shall have complete access to these records and files in the performance of their duties as new employees of the receiving agency.

(C)   All remaining costs necessary for the implementation and operation of the Capitol Police Force must be provided for by the General Assembly in the annual appropriations act; however, for Fiscal Year 2013-2014, the State Budget and Control Board shall provide all funds necessary to implement the provisions of this act.
SECTION   5.   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


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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   6.   This act takes effect July 1, 2014.   /
Renumber sections to conform.
Amend title to conform.

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

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 89; Nays 2

Those who voted in the affirmative are:

Anderson               Anthony                Atwater
Bales                  Bannister              Barfield
Bedingfield            Bernstein              Bingham
Bowen                  Branham                G. A. Brown
R. L. Brown            Burns                  Cole
H. A. Crawford         K. R. Crawford         Crosby
Daning                 Delleney               Felder
Forrester              Funderburk             Gagnon
George                 Gilliard               Goldfinch
Hamilton               Hardwick               Harrell
Hayes                  Henderson              Herbkersman
Hiott                  Hixon                  Hodges
Horne                  Hosey                  Howard
Huggins                Kennedy                Knight
Limehouse              Loftis                 Long
Lowe                   Lucas                  Mack
McEachern              W. J. McLeod           Merrill
D. C. Moss             Munnerlyn              Murphy
Nanney                 Newton                 Norman
Norrell                R. L. Ott              Owens
Pitts                  Pope                   Riley

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Rivers                 Rutherford             Ryhal
Sabb                   Sandifer               Simrill
Skelton                G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Toole                  Vick                   Weeks
Wells                  White                  Whitmire
Willis                 Wood

Total--89

Those who voted in the negative are:

Ballentine             Cobb-Hunter

Total--2

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

RECORD FOR VOTING

I was temporarily out of the Chamber, testifying on legislation in the Senate, and missed the vote on H. 4519. If I had been present, I would have voted in favor of the Bill.

Rep. Rita Allison

SPEAKER IN CHAIR

H. 3361--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3361 (Word version) -- Reps. Cobb-Hunter, Long, Weeks and R. L. Brown: A BILL TO AMEND SECTION 20-4-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ORDER FOR PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT THE COURT MAY PROHIBIT HARM OR HARASSMENT TO A PET ANIMAL OWNED, POSSESSED, KEPT, OR HELD BY THE PETITIONER AND TO PROVIDE THAT IN ORDERING TEMPORARY POSSESSION OF PERSONAL


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PROPERTY, THE COURT MAY ORDER THE TEMPORARY POSSESSION OF PET ANIMALS.

Rep. WEEKS explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 68; Nays 39

Those who voted in the affirmative are:

Alexander              Anderson               Anthony
Atwater                Bales                  Ballentine
Bannister              Bernstein              Bingham
Branham                G. A. Brown            R. L. Brown
Cobb-Hunter            Cole                   Dillard
Douglas                Felder                 Funderburk
George                 Gilliard               Hardee
Harrell                Hayes                  Herbkersman
Hodges                 Horne                  Hosey
Huggins                Jefferson              Kennedy
King                   Knight                 Limehouse
Long                   Lucas                  Mack
McEachern              M. S. McLeod           W. J. McLeod
Mitchell               Murphy                 Neal
Newton                 Norrell                R. L. Ott
Owens                  Parks                  Patrick
Pope                   Quinn                  Ridgeway
Robinson-Simpson       Rutherford             Ryhal
Sabb                   Simrill                Skelton
G. M. Smith            J. E. Smith            Sottile
Spires                 Stavrinakis            Tallon
Taylor                 Weeks                  Wells
Whipper                Williams

Total--68

Those who voted in the negative are:

Allison                Bedingfield            Bowen
Burns                  Chumley                Clemmons
H. A. Crawford         K. R. Crawford         Daning
Delleney               Forrester              Gagnon
Goldfinch              Hamilton               Hardwick

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Henderson              Hiott                  Hixon
Loftis                 Lowe                   Merrill
D. C. Moss             Nanney                 Norman
Pitts                  Putnam                 Riley
Rivers                 Sandifer               G. R. Smith
J. R. Smith            Stringer               Thayer
Toole                  Vick                   White
Whitmire               Willis                 Wood

Total--39

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

STATEMENT FOR THE JOURNAL

I voted no on H. 3361, because pets are already covered under the South Carolina Code of Laws as personal property in family court cases and currently under court discretion and action. Because this item is currently under court jurisdiction and there are appropriate laws against animal abuse, I do not see that it is necessary to add additional code sections for something already covered and something the court is capable of enforcing as the need arises.

Rep. Dwight Loftis

RECURRENCE TO THE MORNING HOUR

Rep. LUCAS moved that the House recur to the morning hour, which was agreed to.

HOUSE RESOLUTION

The following was introduced:

H. 4987 (Word version) -- Reps. Kennedy, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell,


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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 CONGRATULATE MAE-ANN WEBB OF RIDGE SPRING ON BEING NAMED MISS SOUTH CAROLINA UNITED STATES 2014 AND TO COMMEND HER FOR THE DISCIPLINE AND ASPIRATIONS THAT ENABLE HER TO REPRESENT THE PALMETTO STATE WITH BEAUTY AND GRACE.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4986 (Word version) -- Rep. Dillard: A CONCURRENT RESOLUTION TO AFFIRM THE DEDICATION OF THE GENERAL ASSEMBLY TO THE FUTURE SUCCESS OF SOUTH CAROLINA'S CHILDREN AND TO DECLARE THE WEEK OF APRIL 6 THROUGH 12, 2014, AS "WEEK OF THE YOUNG CHILD" IN THE STATE OF SOUTH CAROLINA.

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

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4988 (Word version) -- Reps. Thayer, Erickson, Sandifer, Daning, Bowen, Putnam and Whitmire: A BILL TO AMEND SECTION 59-53-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO APPROVE OR DISAPPROVE CERTAIN POST-SECONDARY VOCATIONAL, TECHNICAL, AND OCCUPATIONAL DIPLOMA AND ASSOCIATE DEGREE PROGRAMS, SO AS TO GIVE


Printed Page 2153 . . . . . Wednesday, March 26, 2014

EXCLUSIVE AUTHORITY OVER THE APPROVAL OR DISAPPROVAL OF THESE PROGRAMS TO THE BOARD AND TO EXPAND ITS JURISDICTION TO INCLUDE CERTAIN CERTIFICATES AND CERTAIN APPLIED SCIENCE PROGRAMS; TO AMEND SECTION 59-103-15, AS AMENDED, RELATING TO HIGHER EDUCATION GOALS AND MISSIONS, AND SECTION 59-103-35, RELATING TO THE REQUIREMENTS THAT A PUBLIC INSTITUTION OF HIGHER EDUCATION MAY NOT UNDERTAKE A NEW PROGRAM WITHOUT APPROVAL OF THE COMMISSION ON HIGHER EDUCATION, BOTH SO AS TO MAKE CONFORMING CHANGES; AND TO REPEAL SECTION 59-101-150 RELATING TO THE REQUIREMENT THAT A STATE-SUPPORTED INSTITUTION OF HIGHER LEARNING MUST RECEIVE APPROVAL OF THE COMMISSION OR THE GENERAL ASSEMBLY AS A CONDITION TO UNDERTAKING A NEW PROGRAM.
Referred to Committee on Education and Public Works

H. 4452--DEBATE ADJOURNED

The following Bill was taken up:

H. 4452 (Word version) -- Rep. Finlay: A BILL TO AMEND SECTION 8-13-1348, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CAMPAIGN FUNDS AND REQUIREMENTS PERTAINING TO AUTHORIZED USE, SO AS TO REVISE REQUIREMENTS REGARDING THE PAYMENT OR REIMBURSEMENT OF TRAVEL, LODGING, AND FOOD AND BEVERAGE EXPENSES, REQUIREMENTS REGARDING CAMPAIGN COMMUNICATION OR OFFICE EQUIPMENT, AND REQUIREMENTS REGARDING CAMPAIGN OR OFFICE STAFF.

Rep. DELLENEY moved to adjourn debate on the Bill until Tuesday, April 1, which was agreed to.

H. 4454--DEBATE ADJOURNED

The following Bill was taken up:

H. 4454 (Word version) -- Rep. Finlay: A BILL TO AMEND SECTION 8-13-1348, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZED USES OF CAMPAIGN FUNDS AND THE MANNER IN WHICH EXPENDITURES OF MORE


Printed Page 2154 . . . . . Wednesday, March 26, 2014

THAN TWENTY-FIVE DOLLARS MUST BE PAID, SO AS TO DELETE THE TWENTY-FIVE DOLLAR THRESHOLD, REVISE THE MANNER IN WHICH CAMPAIGN EXPENDITURES MUST BE PAID, AND REVISE PROVISIONS PERTAINING TO CAMPAIGN ACCOUNT PETTY CASH FUNDS.

Rep. DELLENEY moved to adjourn debate on the Bill until Tuesday, April 1, which was agreed to.

H. 4455--DEBATE ADJOURNED

The following Bill was taken up:

H. 4455 (Word version) -- Rep. Finlay: A BILL TO AMEND SECTION 8-13-1312, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN BANK ACCOUNTS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CANDIDATE OR CAMPAIGN EXPENSES MUST BE PAID.

Rep. DELLENEY moved to adjourn debate on the Bill until Tuesday, April 1, which was agreed to.

H. 4457--DEBATE ADJOURNED

The following Bill was taken up:

H. 4457 (Word version) -- Rep. Finlay: A BILL TO AMEND SECTION 8-13-1348, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE USE OF CAMPAIGN FUNDS FOR PERSONAL EXPENSES AND OTHER RELATED PROVISIONS, SO AS TO PROVIDE THAT FINES, FEES, OR OTHER CHARGES IMPOSED BY AN APPROPRIATE SUPERVISORY OFFICE MAY NOT BE PAID FROM CAMPAIGN FUNDS.

Rep. DELLENEY moved to adjourn debate on the Bill until Tuesday, April 1, which was agreed to.

S. 815--DEBATE ADJOURNED

The following Bill was taken up:

S. 815 (Word version) -- Senators L. Martin and Campsen: A BILL TO AMEND SECTION 7-11-30, SOUTH CAROLINA CODE OF LAWS, 1976,


Printed Page 2155 . . . . . Wednesday, March 26, 2014

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 moved to adjourn debate on the Bill, which was adopted.

H. 4732--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4732 (Word version) -- Reps. J. E. Smith and Clemmons: A BILL TO AMEND SECTIONS 7-11-20, 7-11-25, AND 7-13-15, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, RESPECTIVELY, TO THE CONDUCT BY THE STATE ELECTION COMMISSION OF PARTY CONVENTIONS OR PARTY PRIMARY ELECTIONS, THE AUTHORITY OF POLITICAL PARTIES TO CONDUCT ADVISORY PRIMARY ELECTIONS AT PARTY EXPENSE, AND THE DATE PROVIDED BY LAW FOR HOLDING PRIMARY ELECTIONS AND THE PRIMARIES NOT SUBJECT TO THAT DATE, SO AS TO DELETE OBSOLETE DATE REFERENCES, TO CLARIFY THE AUTHORITY OF A POLITICAL PARTY TO CONDUCT AN ADVISORY PRIMARY AT PARTY EXPENSE, TO CLARIFY THAT THE DATE OF A PRESIDENTIAL PREFERENCE PRIMARY CONDUCTED BY THE STATE ELECTION COMMISSION MUST BE SET BY THE PARTY RATHER THAN THE GENERAL STATE LAW DATE FOR PRIMARIES AND TO ALLOW THE STATE ELECTION COMMISSION TO CARRY FORWARD ANY YEAR END BALANCES IN ITS FILING FEE AND PRIMARY AND GENERAL ELECTION ACCOUNTS TO THE SUCCEEDING FISCAL YEAR, AND TO PROVIDE THAT THESE CARRIED FORWARD FUNDS MUST BE EXPENDED FOR THE SAME PURPOSE.

Rep. CLEMMONS explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 106; Nays 0


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Those who voted in the affirmative are:

Allison                Anderson               Anthony
Atwater                Bales                  Ballentine
Bannister              Barfield               Bedingfield
Bernstein              Bingham                Bowen
Branham                G. A. Brown            R. L. Brown
Burns                  Chumley                Clemmons
Cobb-Hunter            Cole                   H. A. Crawford
K. R. Crawford         Crosby                 Daning
Delleney               Dillard                Douglas
Forrester              Funderburk             Gagnon
George                 Gilliard               Goldfinch
Govan                  Hamilton               Hardee
Hardwick               Harrell                Henderson
Herbkersman            Hiott                  Hixon
Hodges                 Horne                  Hosey
Huggins                Jefferson              Kennedy
King                   Knight                 Limehouse
Loftis                 Long                   Lowe
Lucas                  Mack                   McEachern
M. S. McLeod           W. J. McLeod           Merrill
Mitchell               D. C. Moss             Munnerlyn
Murphy                 Nanney                 Neal
Newton                 Norman                 Norrell
R. L. Ott              Owens                  Parks
Pitts                  Pope                   Putnam
Quinn                  Ridgeway               Riley
Rivers                 Robinson-Simpson       Rutherford
Ryhal                  Sabb                   Sandifer
Simrill                Skelton                G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Toole                  Vick
Weeks                  Wells                  White
Whitmire               Williams               Willis
Wood

Total--106


Printed Page 2157 . . . . . Wednesday, March 26, 2014

Those who voted in the negative are:

Total--0

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

H. 3400--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3400 (Word version) -- Reps. Merrill, Cobb-Hunter, Barfield, W. J. McLeod and Weeks: A BILL TO AMEND SECTION 43-5-1285, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVALUATION OF THE SUCCESS AND EFFECTIVENESS OF THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO REPORT ANNUALLY CERTAIN DATA TO THE GENERAL ASSEMBLY; BY ADDING SECTION 2-15-64 SO AS TO REQUIRE THE LEGISLATIVE AUDIT COUNCIL TO AUDIT EVERY THREE YEARS A PROGRAM OF THE DEPARTMENT OF SOCIAL SERVICES TO BE DETERMINED IN CONSULTATION WITH THE HOUSE JUDICIARY COMMITTEE AND SENATE GENERAL COMMITTEE AND TO AUTHORIZE THE LEGISLATIVE AUDIT COUNCIL TO SEEK REIMBURSEMENT OF AUDIT COSTS FROM THE DEPARTMENT OF SOCIAL SERVICES UNDER CERTAIN CIRCUMSTANCES; AND TO MAKE TECHNICAL CHANGES.

The Committee on Judiciary proposed the following Amendment No. 1 to H. 3400 (COUNCIL\GGS\3400C001.GGS.VR14), which was adopted:
Amend the bill, as and if amended, by striking Section 2-15-64 of the 1976 Code, as contained in SECTION 2, and inserting:
/   "Section 2-15-64.   Beginning December 31, 2013, and every three years thereafter, the Legislative Audit Council shall conduct a management performance audit of a program of the South Carolina Department of Social Services. The program to be reviewed will be determined after consultation with the House Judiciary Committee and the Senate General Committee. The Legislative Audit Council is authorized to charge the Department of Social Services for federal funds, if available, for the costs associated with this audit and shall provide certification to the Department of Social Services of certified


Printed Page 2158 . . . . . Wednesday, March 26, 2014

public expenditures that are eligible for matching federal funds. The Department of Social Services shall remit the federal funds to the Legislative Audit Council as reimbursement for the costs of the audit."/
Renumber sections to conform.
Amend title to conform.

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

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 107; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Atwater                Bales
Ballentine             Bannister              Barfield
Bedingfield            Bernstein              Bingham
Bowen                  Branham                G. A. Brown
Burns                  Chumley                Clemmons
Cobb-Hunter            Cole                   H. A. Crawford
K. R. Crawford         Crosby                 Delleney
Dillard                Douglas                Felder
Forrester              Funderburk             Gagnon
George                 Gilliard               Goldfinch
Govan                  Hamilton               Hardee
Hardwick               Harrell                Hayes
Henderson              Herbkersman            Hiott
Hixon                  Hodges                 Horne
Hosey                  Huggins                Jefferson
Kennedy                King                   Knight
Limehouse              Loftis                 Long
Lowe                   Lucas                  Mack
McEachern              M. S. McLeod           W. J. McLeod
Merrill                Mitchell               D. C. Moss
Murphy                 Nanney                 Neal
Newton                 Norman                 Norrell
R. L. Ott              Owens                  Parks
Patrick                Pitts                  Pope
Putnam                 Quinn                  Ridgeway

Printed Page 2159 . . . . . Wednesday, March 26, 2014

Riley                  Rivers                 Robinson-Simpson
Rutherford             Ryhal                  Sandifer
Simrill                Skelton                G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Toole                  Vick
Weeks                  Wells                  Whipper
White                  Whitmire               Williams
Willis                 Wood

Total--107

Those who voted in the negative are:

Total--0

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

H. 4630--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4630 (Word version) -- Reps. Funderburk, Pitts and Weeks: A BILL TO AMEND SECTION 23-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION OR LAPSE OF THE LAW ENFORCEMENT CERTIFICATION OF AN OFFICER UPON HIS DISCONTINUANCE OF EMPLOYMENT, SO AS TO PROVIDE AN EXEMPTION WHEN THE EMPLOYMENT IS DISCONTINUED BECAUSE OF HIS ABSENCE FROM WORK DUE TO A DISABILITY HE SUSTAINED IN THAT EMPLOYMENT FOR WHICH HE RECEIVES WORKERS' COMPENSATION BENEFITS AND FROM WHICH HE HAS NOT BEEN AUTHORIZED TO RETURN TO WORK WITHOUT RESTRICTION TO REQUIRE HE SATISFY CONTINUING EDUCATION REQUIREMENTS OF THIS PERIOD; AND TO MAKE THESE PROVISIONS RETROACTIVE TO JANUARY 1, 2013.

Rep. HORNE explained the Bill.


Printed Page 2160 . . . . . Wednesday, March 26, 2014

The yeas and nays were taken resulting as follows:

Yeas 105; Nays 1

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Atwater                Bales
Ballentine             Bannister              Bedingfield
Bernstein              Bingham                Bowen
Branham                G. A. Brown            R. L. Brown
Burns                  Chumley                Clemmons
Cobb-Hunter            Cole                   H. A. Crawford
K. R. Crawford         Crosby                 Daning
Delleney               Dillard                Douglas
Edge                   Forrester              Funderburk
Gagnon                 George                 Gilliard
Goldfinch              Hamilton               Hardee
Hardwick               Harrell                Hayes
Henderson              Herbkersman            Hiott
Hixon                  Hodges                 Horne
Hosey                  Huggins                Jefferson
Kennedy                King                   Knight
Limehouse              Loftis                 Long
Lowe                   Lucas                  McEachern
W. J. McLeod           Merrill                Mitchell
D. C. Moss             Murphy                 Nanney
Neal                   Newton                 Norman
Norrell                R. L. Ott              Owens
Parks                  Patrick                Pitts
Pope                   Putnam                 Ridgeway
Riley                  Rivers                 Robinson-Simpson
Rutherford             Ryhal                  Sabb
Sandifer               Simrill                Skelton
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Stringer               Tallon
Taylor                 Thayer                 Toole
Vick                   Weeks                  Wells
Whipper                White                  Whitmire
Williams               Willis                 Wood

Total--105


Printed Page 2161 . . . . . Wednesday, March 26, 2014

Those who voted in the negative are:

Felder

Total--1

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

H. 4670--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4670 (Word version) -- Reps. Newton, Sandifer, Lowe, Ballentine, V.S. Moss, Hamilton, Bannister, Weeks and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-625 SO AS TO PROVIDE A PROCESS FOR EXPEDITING MORTGAGE FORECLOSURES AND TO DEFINE NECESSARY TERMINOLOGY.

The Committee on Judiciary proposed the following Amendment No. 1 to H. 4670 (COUNCIL\AGM\4670C001.AGM.AB14), which was adopted:
Amend the bill, as and if amended, Section 29-3-625(D), as contained in SECTION 1, page 2, lines 35-41, by deleting the subsection in its entirety and inserting:
/ (D)   In addition to any notices required to be served by law or the South Carolina Rules of Civil Procedure, a mortgagee shall, in a motion to proceed pursuant to this section or with any rule to show cause served as original service of process, serve a notice on each defendant that the mortgagee is seeking an entry of judgment and decree of foreclosure on the date fixed by the court or on the return date of the rule to show cause. /
Renumber sections to conform.
Amend title to conform.

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

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 106; Nays 0


Printed Page 2162 . . . . . Wednesday, March 26, 2014

Those who voted in the affirmative are:

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

Total--106


Printed Page 2163 . . . . . Wednesday, March 26, 2014

Those who voted in the negative are:

Total--0

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

H. 4408--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

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.

The Committee on Judiciary proposed the following Amendment No. 1 to H. 4408 (COUNCIL\GGS\4408C001.GGS.VR14), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Section 63-11-1930 of the 1976 Code is amended to read:

"Section 63-11-1930.   (A)   There is created a multi-disciplinary State Child Fatality Advisory Committee composed of:

(1)   the director of the South Carolina Department of Social Services;

(2)   the director of the South Carolina Department of Health and Environmental Control;

(3)   the State Superintendent of Education;

(4)   the executive director of the South Carolina Criminal Justice Academy;

(5)   the chief of the State Law Enforcement Division;

(6)   the director of the Department of Alcohol and Other Drug Abuse Services;

(7)   the director of the State Department of Mental Health;


Printed Page 2164 . . . . . Wednesday, March 26, 2014

(8)   the director of the Department of Disabilities and Special Needs;

(9)   the director of the Department of Juvenile Justice;

(10)   an attorney with experience in prosecuting crimes against children

(11)   a county coroner or medical examiner

(12)   a pediatrician with experience in diagnosing and treating child abuse and neglect, appointed from recommendations submitted by the State Chapter of the American Academy of Pediatrics

(13) a solicitor;

(14) a forensic pathologist; and

(15) two members of the public at large, one of which must represent a private nonprofit organization that advocates children services the Chief Executive Officer of the Children's Trust of South Carolina;

(11)   one senator to be appointed by the President Pro Tempore of the Senate;

(12)   one representative to be appointed by the Speaker of the House of Representatives;.

(13)   an attorney with experience in prosecuting crimes against children;

(14)   a county coroner or medical examiner;

(15)   a board certified or eligible for board certification child abuse pediatrician with experience in diagnosing and treating child abuse and neglect;

(16)   a solicitor;

(17)   a forensic pathologist; and

(18)   two members of the public at large, one of whom shall represent a private nonprofit organization that advocates children services.

(B)   Those state agency members in items (1)-(9)(12) shall serve ex officio and may appoint a designee to serve in their place from their particular departments or agencies who have has administrative or program responsibilities for children and family services. The Governor shall appoint the remaining members, including the coroner or medical examiner and solicitor who shall serve ex officio, must be appointed by the Governor for terms of four years and until their successors are appointed and qualify.

(C)   A The committee shall elect a chairman and vice chairman of the committee must be elected from among the members by a majority vote of the membership, each for a term of two years.


Printed Page 2165 . . . . . Wednesday, March 26, 2014

(D)   Meetings of The committee shall hold meetings at least quarterly. A majority of the committee constitutes a quorum.

(E)   Each ex officio member shall provide sufficient staff and administrative support to carry out the responsibilities of this article."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 102; Nays 0

Those who voted in the affirmative are:

Allison                Anthony                Atwater
Bales                  Ballentine             Bannister
Barfield               Bedingfield            Bernstein
Bingham                Bowen                  Branham
G. A. Brown            R. L. Brown            Burns
Chumley                Clemmons               Cobb-Hunter
Cole                   H. A. Crawford         K. R. Crawford
Crosby                 Daning                 Delleney
Dillard                Douglas                Edge
Felder                 Forrester              Funderburk
Gagnon                 George                 Gilliard
Goldfinch              Hamilton               Hardee
Hardwick               Harrell                Hayes
Henderson              Herbkersman            Hixon
Hodges                 Horne                  Hosey
Huggins                Jefferson              Kennedy
King                   Knight                 Limehouse
Loftis                 Long                   Lucas
Mack                   McEachern              M. S. McLeod
W. J. McLeod           Merrill                D. C. Moss
V. S. Moss             Munnerlyn              Murphy
Nanney                 Neal                   Norman
R. L. Ott              Owens                  Parks
Patrick                Pitts                  Pope

Printed Page 2166 . . . . . Wednesday, March 26, 2014

Putnam                 Ridgeway               Riley
Rivers                 Robinson-Simpson       Ryhal
Sabb                   Sandifer               Simrill
Skelton                G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Southard               Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Toole                  Vick
Weeks                  White                  Whitmire
Williams               Willis                 Wood

Total--102

Those who voted in the negative are:

Total--0

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

H. 4803--DEBATE ADJOURNED

The following Bill was taken up:

H. 4803 (Word version) -- Reps. Horne, Erickson, Gilliard, Whipper, D. C. Moss, McCoy, K. R. Crawford, Weeks and Cobb-Hunter: A BILL TO AMEND ARTICLE 4, CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH ACT OF 1980, SO AS TO ENACT THE "MEDICAL CANNABIS THERAPEUTIC TREATMENT RESEARCH ACT", TO ESTABLISH THE MEDICAL CANNABIS THERAPEUTIC TREATMENT RESEARCH PROGRAM AT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO PROVIDE FOR PATIENTS ELIGIBLE TO PARTICIPATE IN THE PROGRAM, TO PROVIDE WHO AND UNDER WHAT CIRCUMSTANCES MEDICAL CANNABIS CAN BE ADMINISTERED TO A PATIENT, TO PROVIDE FOR NOTICE TO A PARTICIPATING PATIENT THAT THE PATIENT WILL BE PARTICIPATING IN A RESEARCH STUDY AND OF THE EXPERIMENTAL NATURE OF THE MEDICAL CANNABIS PROGRAM, TO PROVIDE FOR THE PROTECTION OF A


Printed Page 2167 . . . . . Wednesday, March 26, 2014

PARTICIPATING PATIENT'S PERSONAL INFORMATION, TO PROVIDE FOR THE OPERATION OF THE PROGRAM BY THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO PROVIDE REPORTING REQUIREMENTS BY ACADEMIC MEDICAL CENTERS THAT SUPERVISE OR ADMINISTER MEDICAL CANNABIS TREATMENTS, TO PROVIDE CRIMINAL AND CIVIL IMMUNITY FROM STATE ACTIONS OR SUITS ARISING FROM THE PROPER IMPLEMENTATION OF THIS ACT, TO PROVIDE THAT THE STATE SHALL DEFEND STATE EMPLOYEES WHO, IN GOOD FAITH, CARRY OUT THE PROVISIONS OF THIS ACT, AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO COLLABORATE WITH ACADEMIC MEDICAL CENTERS TO ASSIST INTERESTED PATIENTS WITH THE APPLICATION PROCESS TO PARTICIPATE IN EXISTING UNITED STATES FOOD AND DRUG ADMINISTRATION-APPROVED INVESTIGATIONAL NEW DRUG STUDIES CONCERNING MEDICAL CANNABIS.

Rep. K. R. CRAWFORD moved to adjourn debate on the Bill until Tuesday, April 1, which was agreed to.

H. 3539--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3539 (Word version) -- Reps. Rutherford and Sellers: A BILL TO AMEND SECTION 61-6-4160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF ALCOHOLIC LIQUORS ON CERTAIN DAYS, SO AS TO ALLOW THE SALE OF ALCOHOLIC LIQUORS ON STATEWIDE ELECTION DAYS.

Reps. HAMILTON, HIOTT, DELLENEY, NORMAN, TOOLE, BEDINGFIELD, G. R. SMITH, LOFTIS, STRINGER, OWENS, TALLON and CROSBY requested debate on the Bill.

H. 4371--DEBATE ADJOURNED

The following Bill was taken up:

H. 4371 (Word version) -- Rep. Finlay: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-


Printed Page 2168 . . . . . Wednesday, March 26, 2014

75-70 SO AS TO PROVIDE THAT NO PERSON IN THIS STATE, IN REGARD TO PATENT OWNERSHIP AND POTENTIAL PATENT INFRINGEMENT, MAY INTENTIONALLY INTERFERE WITH THE EXISTING CONTRACTUAL RELATIONS OF ANOTHER PERSON OR INTENTIONALLY INTERFERE WITH THE PROSPECTIVE CONTRACTUAL RELATIONS OF ANOTHER PERSON, TO PROVIDE THAT A PERSON AGGRIEVED BY ANOTHER PERSON'S INTENTIONAL INTERFERENCE WITH HIS EXISTING CONTRACTUAL RELATIONS OR WITH HIS PROSPECTIVE CONTRACTUAL RELATIONS HAS A CAUSE OF ACTION IN BOTH INSTANCES AGAINST THAT PERSON, AND TO PROVIDE FOR THE ELEMENTS OF EACH CAUSE OF ACTION AND THE DAMAGES WHICH MAY ENSUE.

Rep. COLE moved to adjourn debate on the Bill until Tuesday, April 1, which was agreed to.

H. 3626--REQUESTS FOR DEBATE

The following Bill was taken up:

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


Printed Page 2169 . . . . . Wednesday, March 26, 2014

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.

Reps. DANING, LOFTIS, CROSBY, SABB, OWENS and HIOTT requested debate on the Bill.

H. 4386--REQUEST FOR DEBATE AND DEBATE ADJOURNED

The following Bill was taken up:

H. 4386 (Word version) -- Reps. Bowen, Gilliard, Felder, Southard, Kennedy and W. J. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-5-3890 AND 56-5-3897 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE A COMMUNICATION DEVICE WHILE DRIVING A MOTOR VEHICLE UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE A PENALTY, AND TO PROVIDE FOR THE DISTRIBUTION OF MONIES COLLECTED FROM FINES ASSOCIATED WITH VIOLATIONS OF THIS PROVISION; TO AMEND SECTION 56-1-720, RELATING TO THE ASSESSMENT OF POINTS AGAINST A PERSON'S DRIVING RECORD FOR CERTAIN MOTOR VEHICLE VIOLATIONS, SO AS TO PROVIDE THAT POINTS MUST BE ASSESSED AGAINST THE DRIVING RECORD OF A PERSON CONVICTED OF TEXTING WHILE DRIVING; AND TO AMEND SECTION 56-5-2920, RELATING TO RECKLESS DRIVING, SO AS TO PROVIDE THAT RECKLESS DRIVING INCLUDES TEXTING WHILE DRIVING WHEN BODILY INJURY OCCURS.

Rep. KING requested debate on the Bill.

Rep. K. R. CRAWFORD moved to adjourn debate on the Bill until Tuesday, April 1, which was agreed to.

Further proceedings were interrupted by expiration of time on the uncontested Calendar.


Printed Page 2170 . . . . . Wednesday, March 26, 2014

H. 3945--COMMITTED

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

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 and Henderson: 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


Printed Page 2171 . . . . . Wednesday, March 26, 2014

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.

Rep. DELLENEY moved to commit the Bill to the Committee on Judiciary, which was agreed to.

H. 4347--DEBATE ADJOURNED

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

H. 4347 (Word version) -- Reps. Bannister, Cobb-Hunter, McCoy, Allison, Whipper and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA CHILDREN'S ADVOCACY MEDICAL RESPONSE


Printed Page 2172 . . . . . Wednesday, March 26, 2014

SYSTEM ACT" BY ADDING ARTICLE 4 TO CHAPTER 11, TITLE 63 SO AS TO CREATE THE SOUTH CAROLINA CHILDREN'S ADVOCACY MEDICAL RESPONSE SYSTEM, A PROGRAM TO PROVIDE COORDINATION AND MEDICAL SERVICE RESOURCES STATEWIDE TO AGENCIES AND ENTITIES THAT RESPOND TO VICTIMS OF CHILD ABUSE AND NEGLECT, AND TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THE PROGRAM; AND TO AMEND SECTION 63-11-310, RELATING TO RESPONSIBILITIES OF CHILDREN'S ADVOCACY CENTERS, SO AS TO REQUIRE THESE CENTERS TO COMPLY WITH REQUIREMENTS OF THE SOUTH CAROLINA CHILDREN'S MEDICAL RESPONSE SYSTEM AND OTHERWISE COORDINATE WITH THE PROGRAM.

Rep. TALLON moved to adjourn debate on the Senate Amendments, which was agreed to.

RECURRENCE TO THE MORNING HOUR

Rep. SKELTON moved that the House recur to the morning hour, which was agreed to.

HOUSE RESOLUTION

The following was introduced:

H. 4990 (Word version) -- Rep. G. A. Brown: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR ERIC PATRICK MCKNIGHT FOR HIS OUTSTANDING CAREER AS A HIGH SCHOOL BASKETBALL OFFICIAL AND TO CONGRATULATE HIM FOR BEING SELECTED TO THE SOUTH CAROLINA BASKETBALL OFFICIALS ASSOCIATION HALL OF FAME.

The Resolution was adopted.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4989 (Word version) -- Rep. G. A. Brown: A BILL TO AMEND SECTION 7-7-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LEE COUNTY, SO AS TO REDESIGNATE FOUR


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PRECINCTS AND REVISE THE BOUNDARIES OF SIX EXISTING PRECINCTS BY COMBINING THEM INTO THREE PRECINCTS AND TO DESIGNATE THE MAP NUMBER ON WHICH THE BOUNDARIES OF LEE COUNTY VOTING PRECINCTS AS REDESIGNATED AND REVISED BY THIS ACT MAY BE FOUND AS ESTABLISHED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, OR ITS SUCCESSOR AGENCY.
On motion of Rep. G. A. BROWN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 815--DEBATE ADJOURNED

The following Bill was taken up:

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. SKELTON moved to adjourn debate on the Bill until Tuesday, April 1, which was agreed to.

H. 3994--POINT OF ORDER

The following Bill was taken up:

H. 3994 (Word version) -- Reps. Patrick, Owens and Rivers: 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, TO ESTABLISH WITHIN THE DEPARTMENT OF EDUCATION THE SOUTH CAROLINA READ TO SUCCEED OFFICE TO IMPLEMENT A COMPREHENSIVE, SYSTEMIC APPROACH TO READING WITH SPECIFIC OBJECTIVES, TO PROVIDE OBLIGATIONS AND REQUIREMENTS OF THE PROGRAM, AND TO PROVIDE NECESSARY DEFINITIONS, AMONG OTHER THINGS.


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POINT OF ORDER

Rep. OWENS 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.

LEAVE OF ABSENCE

The SPEAKER granted Rep. SANDIFER a temporary leave of absence.

H. 4646--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4646 (Word version) -- Reps. Bingham, Allison, Anthony and Hayes: A BILL TO AMEND SECTION 59-48-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EX OFFICIO MEMBERS OF THE BOARD OF TRUSTEES OF THE GOVERNORS SCHOOL FOR SCIENCE AND MATHEMATICS, SO AS TO PROVIDE A PROVOST OR VICE PRESIDENT OF ACADEMIC AFFAIRS WHO MUST SERVE AS AN EX OFFICIO MEMBER MAY DESIGNATE A PERSON TO SERVE IN HIS PLACE.

Rep. BINGHAM explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 103; Nays 0

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Bales                  Ballentine             Bannister
Barfield               Bedingfield            Bernstein
Bingham                Bowen                  Bowers
G. A. Brown            R. L. Brown            Burns
Chumley                Clemmons               Cobb-Hunter
Cole                   H. A. Crawford         K. R. Crawford
Crosby                 Daning                 Delleney
Dillard                Douglas                Edge
Felder                 Forrester              Funderburk
Gagnon                 George                 Gilliard

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Goldfinch              Govan                  Hamilton
Hardee                 Hardwick               Harrell
Hayes                  Henderson              Herbkersman
Hixon                  Hodges                 Horne
Hosey                  Huggins                Jefferson
Kennedy                Knight                 Limehouse
Loftis                 Long                   Lowe
Lucas                  McEachern              M. S. McLeod
W. J. McLeod           Merrill                D. C. Moss
V. S. Moss             Munnerlyn              Murphy
Nanney                 Neal                   Newton
Norman                 Norrell                R. L. Ott
Owens                  Pitts                  Pope
Putnam                 Quinn                  Ridgeway
Riley                  Rivers                 Robinson-Simpson
Rutherford             Ryhal                  Sabb
Simrill                Skelton                G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Toole                  Weeks
Wells                  Whipper                White
Whitmire               Williams               Willis
Wood

Total--103

Those who voted in the negative are:

Total--0

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

RECORD FOR VOTING

I was unavoidably detained outside the House Chamber and missed the vote on H. 4646. If I had been present, I would have voted in favor of the Bill.

Rep. Anne Thayer


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H. 4968--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4968 (Word version) -- Reps. Bingham, Allison, Anthony and Hayes: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ANNUAL EDUCATION FINANCE ACT ALLOCATIONS, SO AS TO REVISE COST FACTORS OR WEIGHTINGS USED TO DETERMINE THESE ALLOCATIONS, AMONG OTHER THINGS.

Rep. BINGHAM explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 106; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Atwater                Bales
Ballentine             Bannister              Barfield
Bedingfield            Bernstein              Bingham
Bowen                  Bowers                 Branham
G. A. Brown            R. L. Brown            Burns
Chumley                Clemmons               Cobb-Hunter
Cole                   H. A. Crawford         Crosby
Daning                 Delleney               Dillard
Douglas                Edge                   Felder
Forrester              Funderburk             Gagnon
George                 Gilliard               Goldfinch
Hardee                 Hardwick               Harrell
Hart                   Hayes                  Henderson
Herbkersman            Hiott                  Hixon
Hodges                 Horne                  Hosey
Huggins                Jefferson              Kennedy
King                   Knight                 Limehouse
Loftis                 Long                   Lowe
Lucas                  Mack                   McEachern
W. J. McLeod           Merrill                D. C. Moss
V. S. Moss             Munnerlyn              Murphy
Nanney                 Neal                   Newton
Norman                 Norrell                R. L. Ott

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Owens                  Patrick                Pitts
Pope                   Putnam                 Quinn
Ridgeway               Riley                  Rivers
Robinson-Simpson       Ryhal                  Sabb
Sellers                Simrill                Skelton
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Stringer               Tallon
Taylor                 Vick                   Weeks
Wells                  Whipper                White
Whitmire               Williams               Willis
Wood

Total--106

Those who voted in the negative are:

Total--0

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

RECORD FOR VOTING

I was temporarily outside the House Chamber and missed the vote on H. 4968. If I had been present, I would have voted in favor of the Bill.

Rep. Anne Thayer

H. 4347--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4347 (Word version) -- Reps. Bannister, Cobb-Hunter, McCoy, Allison, Whipper and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA CHILDREN'S ADVOCACY MEDICAL RESPONSE SYSTEM ACT" BY ADDING ARTICLE 4 TO CHAPTER 11, TITLE 63 SO AS TO CREATE THE SOUTH CAROLINA CHILDREN'S ADVOCACY MEDICAL RESPONSE SYSTEM, A PROGRAM TO PROVIDE COORDINATION AND MEDICAL SERVICE RESOURCES STATEWIDE TO AGENCIES AND ENTITIES THAT


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RESPOND TO VICTIMS OF CHILD ABUSE AND NEGLECT, AND TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THE PROGRAM; AND TO AMEND SECTION 63-11-310, RELATING TO RESPONSIBILITIES OF CHILDREN'S ADVOCACY CENTERS, SO AS TO REQUIRE THESE CENTERS TO COMPLY WITH REQUIREMENTS OF THE SOUTH CAROLINA CHILDREN'S MEDICAL RESPONSE SYSTEM AND OTHERWISE COORDINATE WITH THE PROGRAM.

Rep. BANNISTER explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 108; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Atwater                Bales
Ballentine             Bannister              Barfield
Bedingfield            Bernstein              Bingham
Bowen                  Bowers                 Branham
G. A. Brown            R. L. Brown            Burns
Chumley                Clemmons               Cobb-Hunter
Cole                   H. A. Crawford         K. R. Crawford
Crosby                 Daning                 Delleney
Dillard                Douglas                Edge
Felder                 Forrester              Funderburk
Gagnon                 George                 Gilliard
Goldfinch              Hamilton               Hardee
Hardwick               Harrell                Hart
Hayes                  Henderson              Herbkersman
Hiott                  Hixon                  Hodges
Horne                  Hosey                  Huggins
Jefferson              Kennedy                King
Knight                 Limehouse              Long
Lowe                   Lucas                  Mack
McEachern              M. S. McLeod           W. J. McLeod
Merrill                Mitchell               D. C. Moss
V. S. Moss             Munnerlyn              Murphy
Nanney                 Neal                   Newton
Norman                 Norrell                R. L. Ott
Pitts                  Pope                   Putnam

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Quinn                  Ridgeway               Riley
Rivers                 Robinson-Simpson       Rutherford
Ryhal                  Sabb                   Simrill
Skelton                G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Toole
Vick                   Weeks                  Wells
Whipper                White                  Whitmire
Williams               Willis                 Wood

Total--108

Those who voted in the negative are:

Total--0

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

RECORD FOR VOTING

I was unavoidably detained outside the House Chamber and missed the vote on H. 4347. If I had been present, I would have voted to concur in the Senate's amendments.

Rep. Anne Thayer

LEAVE OF ABSENCE

The SPEAKER granted Rep. STAVRINAKIS a temporary leave of absence.

LEAVE OF ABSENCE

The SPEAKER granted Rep. SELLERS a temporary leave of absence.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. WELLS.

LEAVE OF ABSENCE

The SPEAKER granted Rep. ATWATER a temporary leave of absence for a family medical appointment.


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H. 4501--INTERRUPTED DEBATE

The following Bill was taken up:

H. 4501 (Word version) -- Reps. Hiott, Knight, R. L. Ott and Sandifer: A BILL TO AMEND SECTION 44-2-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUPERB ACCOUNT AND THE SUPERB FINANCIAL RESPONSIBILITY FUND ESTABLISHED TO ASSIST IN CARRYING OUT THE PURPOSES OF THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO DEFINE "USUAL, CUSTOMARY, AND REASONABLE COSTS", OF SITE REHABILITATION OF RELEASES FROM UNDERGROUND STORAGE TANKS CONTAINING PETROLEUM, AS PAYMENTS NOT LESS THAN THE JULY 1, 2011, SUPERB ALLOWABLE COST REIMBURSEMENT SCHEDULE AND TO FURTHER PROVIDE FOR THE USE AND APPLICATION OF THIS REIMBURSEMENT SCHEDULE.

POINT OF ORDER

Rep. NORMAN raised the Point of Order that H. 4501 was out of order under Rule 5.13 in that a fiscal impact statement was required.
Rep. HIOTT spoke against the Point.
Rep. NORMAN spoke in favor of the Point.
Rep. HIOTT spoke against the Point stating that the Bill did not cause the state to spend money but that it set the rate at which the state would reimburse money pursuant to the Superb fund.
Rep. NORMAN spoke in favor of the Point stating that the money in this Bill was an increase in a rate of a line-item for the Superb Fund and State dollars are going to be spent to fund the line item.
SPEAKER HARRELL overruled the Point of Order and stated that a fiscal impact statement was not required for this Bill. He stated that the Bill did not cause the State to spend money, that state law already required money to be reimbursed from the fund, but the Bill would merely set the rate at which the reimbursement would be paid. He therefore overruled the Point of Order.

Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of the Bill.


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JOINT ASSEMBLY

At 12:30 p.m. the Senate appeared in the Hall of the House. The President Pro Tempore 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.

S. 822 (Word version) -- Senators Jackson, Alexander, Courson and Malloy: A CONCURRENT RESOLUTION TO INVITE THE LIEUTENANT GOVERNOR, THE HONORABLE GLENN F. MCCONNELL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE AGING POPULATION IN SOUTH CAROLINA AT 12:00 P.M. ON FEBRUARY 12, 2014.

The Honorable Glenn F. McConnell, Lieutenant Governor of South Carolina, and his distinguished party were escorted to the rostrum by Senators Leatherman, Setzler, Alexander, Malloy, Cromer, Jackson and Peeler and REPRESENTATIVES MCCOY, SOTTILE, GILLIARD and COBB-HUNTER. The President Pro Tempore of the Senate introduced the Honorable Glenn F. McConnell who then addressed the General Assembly as follows:

It's an honor to be here today, and I would like to thank Senators Darrell Jackson, Thomas Alexander, John Courson, and Gerald Malloy for introducing the resolution inviting me to speak to you about the face of aging in South Carolina.

Just a little over two years ago, when I assumed the office of Lieutenant Governor, I never imagined there was a greater purpose for what had transpired. But today, I stand before you as chief advocate for seniors and adults with disabilities in South Carolina, eager to share some of what I have learned, saddened to think of what may be in store for our aging population if we fail to address certain challenges, but hopeful that solutions are attainable because of the willingness of many of you, as well as countless other people across this State, who are ready to answer the call and assist where needed.

I want to take a moment to recognize some very special people in the balcony today, who have been by my side since the first day, helping me understand the tremendous challenges we are facing and providing me information and support, as I tackled my learning curve and set out to reverse our course. They represent AARP, the Alzheimer's Association, the Silver Haired Legislature, the Adult Day Care


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Association, and the South Carolina Respite Coalition. If you are with any of these groups, will you please stand and be recognized?

Thank you so much for being here today.

What I learned most from folks like these is that the time has come for us to address aging and disability issues based on reality rather than political rhetoric; it's time for us to realize that these populations are oftentimes equally as vulnerable as children. If you are like me, it's hard to accept that you begin to age the moment you are born. It's even more difficult to accept that as we all age, statistically, most of us will be faced at some point with sudden illness, chronic illness, loss of mobility, loss of mental acuity, or Alzheimer's. And while we are living longer, the chances of becoming unable to maintain our independence or outliving our resources are also multiplying.

After spending almost 32 years in the Senate and serving on the Judiciary Committee, my knowledge of aging programs or related issues was somewhat limited and mostly confined to line items in the Appropriation Bill. But, the day after taking the office of Lieutenant Governor, this all changed, as I was briefed on all-new territory: the Office on Aging. I'll have to admit that I was stunned at the enormity of what I saw and the challenge before me. I was told of:
seniors struggling all across South Carolina;
a waiting list of an estimated 8,000 people who could quickly be identified and were in need of services from the Office on Aging;
previous budgets that had been slashed; and
no government leader cheerleading and bringing forward the effort to give them a better opportunity in South Carolina.
When I found out the following statistics, I learned there was -- what some have coined -- a "grey tsunami" heading our way -- a possible human calamity if proper action was not taken. With over 900,000 seniors currently in South Carolina, we are scheduled, over the next 15 years, to double to almost two million, according to the U.S. Census. The State is without a strategic plan to deal with aging issues. The baby boomers are coming, and the issue of aging is the central public health challenge of our lifetime.

a.   One in eleven seniors is at risk of hunger.

b.   One-third of seniors live on Social Security alone.

c.   Fifty-one percent of those over age 55 have $0 to $50,000 saved for retirement.

d.   Over 80,000 seniors in South Carolina suffer with Alzheimer's or a related disorder.


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e.   There are too few senior centers to assist our aging population.

f.   Senior transportation is sadly lacking, in decline, and nonexistent in some areas.

g.   Over 25 percent of those 85 or older require institutional care.

h.   11.5% of seniors age 60 or above live in poverty.

i.   South Carolina has 1.3 million people set to retire soon.

What became immediately apparent from the reports and statistics I've read is that programs that keep people in their homes as long as possible, such as those offered through the Office on Aging, are keys to avoiding the oncoming collision headed straight at us.

You may ask why programs through the Office on Aging are so important, and this is the reason: we're not Medicaid. In fact, we keep people off of Medicaid. We're about keeping people independent and in their homes, where they wish to live. The Office on Aging provides a bridge for these folks. We give them the opportunity to mature and age in place with grace and dignity. Furthermore, adults with disabilities are able to live with their families in comfortable surroundings instead of institutional settings. Secondly, our program is cost-effective. By complementing -- not duplicating -- existing programs in the community, we are able to efficiently use resources to help maximize available dollars. We are up to 40 times cheaper than if one of these individuals migrates to a Medicaid nursing bed. And, for anyone of you out there who thinks Medicaid is just for the poor, you're mistaken. You or someone you know just might be one major illness away from it. At $80,000 to $110,000 a year for a private-pay skilled nursing facility, it's easy to see how quickly people can go through their assets and the equity in their homes, finding themselves in need of Medicaid. But, if we have the opportunity, through our programs at approximately $1,400 per person per year, to extend a helping hand -- whether it be a meal a day or a visit to a supermarket or doctor -- to keep people out of those expensive Medicaid nursing beds, which cost the taxpayers over $52,000 a year, we can make a big difference. In essence, a program that allows us to be proactive is almost 40 times cheaper than the alternative. One way or another, we are going to pay for it. So why not be smart and do it on the front end by being proactive?

Yet, with all of these challenges before us, the State continues to dump hundreds of millions more into the rigid, unchanging Medicaid system which, each year, needs more and more money. At the same time, the State has cut its contributions for home and community-based


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programs which slow down the migration by the non-Medicaid seniors to the Medicaid beds. Funding home and community-based programs would have resulted in cost savings while giving seniors what they want -- the ability to stay home and independently age in place.

Our first attempt to secure the funding necessary to serve the estimated 8,000 people on our waiting list was disappointing. So, I realized I needed a new tactic to change the big ark's direction. Albert Einstein made it very clear when he said that if you keep doing the same thing and expect a different result, that's insanity. I also realized that if I was going to be successful in convincing you of the coming challenge, I needed to understand it first-hand, not just read about it in a stack of faceless reports.

So I set out on what we called our "Face of Aging" tour, visiting each of the ten aging services areas across the State. During the tour, we stopped by nursing homes; residential care facilities; senior centers; and OSS facilities, which are essentially group homes that operate on minimal funds provided by South Carolina's Optional State Supplement program. I also went on meal deliveries to persons who are unable to get to meal sites and held public forums for persons to give us suggestions or talk about problems. Along the way, I was fortunate enough to meet many people who were passionate about what we were doing and kind enough to share some of their personal stories with us.

Let me tell you about some of these folks:
In a small rural community, an 84-year-old grandfather, with a heart condition, was caring for his 10-year-old grandson, because his own son had died from a heart attack. He was out in the yard trying to push a lawnmower with one hand while holding onto a walker with the other. Our meal program helps keep this family unit together and from requiring more expensive care and foster care. A photographer from the local newspaper who was accompanying us that day was so touched by this man, he promised to have members of his church come and help take care of the yard.
One of the most memorable seniors I encountered was a woman who had lost her legs to diabetes. She said that the meals we delivered enabled her to grow strong enough to pull herself out of bed and into a wheelchair so she could live again.
As I was waiting on the elevator in a senior apartment complex in the Upstate, I spoke to a gentleman in a wheelchair. He asked what we were doing, and I told him I was visiting people who were on our home delivered meal route. He thanked me, and said that because of the van we provide, he can go to dialysis three times a week and still live in his


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apartment. He gets up at 4:00 a.m. on those days and calls every other senior who rides the van to make sure they don't miss it.
In another area of the State I visited -- and Representative Carl Anderson was with me -- we met a 70-year-old man, who was caring for his wife, who is partially paralyzed from a stroke, and his 94-year-old mother. This husband and son was himself struggling with a heart problem and his doctor recommends that they all need institutional care. Although he owns his home, he cannot afford the cost of nursing home care. More importantly, his family wants to remain together in their home as long as possible, and Office on Aging programs help him do just that -- and also save the taxpayers over $100,000 a year.
Over in the Pee Dee, there is an 85-year-old widow who lives with her 17 year-old cat. She worked as a nurse at the local hospital. As we walked up her driveway, we noticed an Oldsmobile Ciera parked at the end of the driveway, where it had been sitting for 11 years, since she was last able to drive it. All four tires on the car were flat and had rotted. From her demeanor and gentle smile, you could tell she was once prim and proper and actively involved in the community. She now lives in an aging physical environment which shows the reflections of a livelier and more prosperous life, but the grey veil of aging has descended over it. A senior volunteer drops meals by. He opens the mailbox, so when she sees it closed, she knows the mail has come. She can barely walk. The volunteer is her connection to the outside world. A glance inside indicates no other visitors have come, but with all of that, she still wants to stay at home and can do so because of the meals that are delivered to her.
And lastly -- this is the story that speaks volumes about how fragile middle-income South Carolina is becoming - the story of an 80-year-old Korean war veteran and retired nurse. She said she thought she had saved enough money to retire and live comfortably for the rest of her life. And then, in 1997, unexpectedly, she suffered a stroke that blinded her and left her very vulnerable without 24-hour care. She went quickly through her money, was exploited by caregivers, and now she depends on our program in order to live independently at home.

For every face I've described to you, there are hundreds or even thousands like them who need services. They may be your neighbors, your fellow church members, your mothers, or your fathers. One day, there is even the possibility that any of us in this room may need a meal a day, a helping hand to a doctor, or help traveling to a life-saving machine to maintain our health and stay in our home. It only takes one accident, a brief serious illness, or frailties from progressive aging to


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change our lives that will quickly place us into a senior's struggle. Instead of dreaming about owning a home, we are part of the aging population's dream to stay in one's home. It is about existence as an independent and self-sustaining South Carolinian. Each one of these stories illustrates how truly vulnerable we all are as human beings -- and how quickly we can deteriorate and become another Medicaid statistic.

When we returned from the tour, I knew that in order to strengthen the aging network and prepare for an increased demand on the Office on Aging, we needed to do some housecleaning. We reviewed our vision and mission and adopted goals and objectives that would raise the bar in our organization. We revised our policies and procedures, and are working hard to streamline and modernize our processes.

But beefing up an agency is just the beginning.

The reality is that there is never going to be enough public funding for aging programs; in fact, it's drying up. I realized that we are going to have to get creative if we are going to succeed in creating the safety net that seniors need and deserve.

Census figures predict that our aging population will double over the next 15 years, and by the year 2030, approximately 44% of our state's population will be over the age of 50. Staying active, eating well, having regular medical and dental check-ups, and socializing are keys to staying healthy and independent as we age.
One of the most important things we need to recognize is that, in terms of dealing with the unique needs and challenges of seniors and adults with disabilities, one size does not fit all. Policies and services need more flexibility, and in developing new policies and strategies in the future, we need to be proactive, not reactive. We need to spend the next five years getting a plan in place that will provide adequate and affordable health care and long-term care for our state's senior population.

Failure to anticipate what lies ahead will cause both a human tragedy and a budget calamity. Look, for instance, at our Medicaid system, which is unsustainable as currently constructed, and once you qualify, the State must provide care. It defies logic and common sense to do nothing to prevent people from slipping into an expensive Medicaid system, when less expensive preventative health care, nutrition, and other services will keep many people independent and able to support themselves.

In order to develop any plan, we must first evaluate and assess what's out there. My observation is that:


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(1)   Transportation for seniors is hard to come by or in many places, non-existent.

(2)   There are not enough affordable, alternative options for care, such as day care centers, in-home care, or assisted living.

(3)   Medicaid beds and reimbursements are problematic, and OSS facilities, for the most part, have been starved into declining condition. If these facilities go out of existence, these clients, many of whom have cognitive deficiencies, have nowhere to go. The public will pay through law enforcement and emergency room visits, and it then becomes everyone's problem.

(4)   There are not enough senior centers. Senior centers are the front gates to keeping seniors active and healthy, and they can provide information and access to other services. However, in some places, there is little or no activity in many of these centers. Some were quiet as funeral homes after visiting hours. There is no overall consistency in programs or activities, but let me stop here and tell you about a gentleman I met at an active senior center. The Office on Aging had given this particular center some bingo money to add a kitchen. Just before I left, a man tapped me on the arm and said, "May I speak with you a minute?" I responded, "Certainly." He said, "You've released me from the four walls of horror." I thought, "What?" He then pulled his dark glasses down from his eyes, and I could see he was blind. He told me he wanted to thank me for the new kitchen and the luncheon program. He said that he used to sit in his house day in and day out, listening to the creaking and squeaking of his house. He turned his television up loud to mask the sounds of the house and the loneliness. He said that now, he looks forward to getting on a van that brings him to the senior center, where people talk to him, laugh with him, and he is no longer lonely as he has lunch.

(5)   Services are disjointed and not easy to access.

(6)   Best practices are not shared. There are people all over the State doing remarkable things, but these ideas are not being duplicated and transported to other places in the State.

(7)   There is no one-stop place to go to get information or initiate services.

Furthermore, we need to take a closer look at the importance of caregiving and caregivers. In our state, we have both professional caregivers and family caregivers. Both are equally vital to the caregiving network, but I especially want to highlight family caregivers, who save the taxpayers millions of dollars annually by providing unpaid in-home care for persons with Alzheimer's, other


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dementia and aging issues, or disabilities. In fact, our State has over 770,000 family caregivers who provide nearly 737 million hours of unpaid care and save our state an estimated $7.4 billion each year. According to a recent AARP study in South Carolina, 55% of South Carolinians are caring for an elderly family member of loved one or have in the past, and 53% say it's very likely they'll become caregivers in the next five years. With our senior population doubling, more and more families scattered across the country, and a shrinking pool of available family caregivers, who is going to provide this care? For an unpaid caregiver, a little break from the 24/7 responsibilities can sometimes mean the difference between life or death for the one who provides the care. Again, it's amazing how a little help or a little relief can give someone the energy and renewed spirit to continue to provide the necessary care to someone living with disabilities or age-related issues. The consequences of failing to fund respite services will only cause our family caregivers to burn out in addition to the waiting lists for other services to grow.
Solutions for seniors come not only with funding cost-saving measures, but also with tackling our state's regulatory environment. Fees and laws are being created in this State and passed on to the public through regulations promulgated by bureaucrats without a single vote of the General Assembly. In fact, some of the regulations I have reviewed recently are attempting to exempt the agency from the law, which is a clear violation of our state's constitution. On the "Face of Aging" tour, I was able to see many types of over and under-regulation first-hand. While regulations can be a good tool to protect the public if properly used, they can also have dangerous effects if their intentions are power-centered rather than people-centered. I want to take a minute to share a few examples of my findings with you:

(1)   A facility was licensed without a working kitchen or a refrigerator. Fast food was purchased for residents and stored in coolers.

(2)   In the Upstate, at an OSS facility, they had a wooden wheelchair ramp on the side of the building that all of the residents enjoyed using but several of the boards were loose. A church volunteered the carpentry work, and a company donated the lumber. The regulators came in and said that they could not repair the ramp. They could either leave it as it was, tear it down, or they would shut them down, even though there were sufficient exits elsewhere.


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(3)   A residential care facility was cited for a resident in an apartment having a can of hairspray in a medicine cabinet -- even though the facility is not a skilled nursing home.

(4)   A nursing home was required to build sidewalks around all four walls of the facility, even though no one in the facility used certain doors. The owner of the facility told me he could not afford to give employees a raise because he was forced to spend tens of thousands of dollars on a sidewalk to nowhere -- and then, he had to pay for a dual-lighting system to be installed over the sidewalk.

(5)   A swimming pool was attached to skilled care facility. You may think this is a good idea, but the regulators claimed that because the glass was not fire retardant enough, persons from the skilled care unit could not use the pool. Yet, my observation was that the only thing that could burn in the building was the diving board and the beach towels. Ironically, they could put these persons into a van and carry them across town to a wooden building without similar restrictions.

(6)   In a locked Alzheimer's unit, the owner was instructed to install signs over the doors with automatic locks that told the Alzheimer's residents how to open the door to the outside courtyard. These automatic locks unlocked in the event of fire or emergency and were up to code just a year earlier. On the courtyard gate, which led out to the street, and which also had an automatic lock, the owner was told that he would have to replace the lock with a breakaway padlock. When the owner asked the inspector how the residents were supposed to break the lock, the inspector responded, "Put a hammer out here for them to use."

(7)   And lastly, a owner built a new skilled care nursing home, but wanted to convert the old one into an assisted living facility that was critically needed. He was told that you could not convert the facility to a lesser use without major costly renovations required by new building codes. It just doesn't make sense that we mothball a perfectly good facility that could be easily and cheaply converted to assisted living.

As you can clearly see, common sense is lacking in our regulatory process. We have some regulators who worship at the altar of the rule instead of the result. We need to sunset all of the regulations, make sure business and stakeholders are well represented on the committees deciding the regs -- not just during the comment period -- and require a vote of our elected representatives on all regulations before they can go into effect.

I encourage you to take the time to evaluate the regulatory process and ensure that regulations protect but do not drive up the costs to the


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point where people cannot afford the service or business and facility owners are discouraged from creating or expanding vital services for our aging population.

Evaluating and understanding what is out there and what is needed going forward is a daunting task, but along the way, I was introduced to a non-profit entity I believe can be an important asset to this State. It's the South Carolina Institute of Medicine and Public Health, and I want to take a moment to introduce the Executive Director, Kester Freeman, and the Director of Operations, Dr. Lee Pearson. This corporation is focused on improving the health status of South Carolinians through work in the areas of policy, prevention, and leadership, and its board of directors includes a distinguished list of college presidents, prominent business leaders, physicians, a former governor, and our own Senator Thomas Alexander and Representative Joe Neal. They have created a long-term care task force of experts, practitioners, and stakeholders across the State, and their goal is to develop a list of priorities and actionable recommendations to policymakers that promote a greater return on investment and a broad vision for affordable, accessible, and high-quality services enabling older adults and people with disabilities to live with dignity. The chairman of the task force, Mr. Joel Smith, former dean of the USC Moore School of Business and retired president of Bank of America, is here with them, too. Will you all please stand? I also want to mention that this group has created a fellowship program for members of the General Assembly to learn more about what they do and what challenges lie ahead for South Carolina. This knowledge is our freedom to avoid the stagnation of the past, change the future, and chart a course so we shape the events rather than being shaped by them.

Other valuable resources that can and should be utilized include our state's research institutions and technical college system. They already possess the knowledge and research capabilities that will provide reliable statistics, best practices, and recommendations so that decisions will be fact driven rather than politically driven. Additionally, they can educate and train health-care providers, service providers, and caregivers, as well as provide workshops and seminars for the public on the importance of planning and how to evaluate options.

Additionally, grass-roots organizations such as AARP, and the Alzheimer's Association, are and will continue to be tremendous resources for evaluating, planning, and educating.


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And lastly, I want to mention the Office of Aging staff, including our Long Term Care Ombudsmen. I want to take a minute to recognize these state employees who come to work each day striving to make life better for seniors. Will you please stand?

These people on the front lines recognized that change was needed throughout the aging network and have worked hard to upgrade the system so we have tools to evaluate the efficiency and effectiveness of home and community-based services and fashion responses to successfully handle the coming "grey tsunami". I am glad to say as a result of the changes that were instituted, for the first time, there is reliable, consistent data that clearly demonstrates the value of home and community-based services. We currently serve 5,066 persons who are deficient in three or more Activities of Daily Living, such as bathing, dressing, eating, toileting, etc., which qualifies them for nursing home care. The cost of a Medicaid nursing home bed is at least $52,000 a year. If these 5,066 clients, who are Medicaid eligible but are currently being served by the Lieutenant Governor's Office on Aging's programs, did move to a Medicaid bed, the added cost to the State would be over two hundred sixty million dollars. The cost of serving these 5,066 seniors in their homes is seven million, ninety-two thousand dollars, netting a savings to the taxpayers of over a quarter of a billion dollars per year.

Having the ability to evaluate programs and resources is critical in developing a long-term plan for caring for our vulnerable adults.

As I said before, there will never be enough public money to provide a safety net for seniors. But, one of the most important things I've discovered is that it can be done if we coordinate the available resources throughout the State by building strong public-private partnerships including businesses, non-profits, faith-based organizations, and volunteers.

It all started shortly after I became Lieutenant Governor. One of my staff relayed to me a story she had learned during a meeting at the Office on Aging about a facility where the license had been pulled by DHEC and our Long Term Care Ombudsmen had to immediately relocate the residents. The facility instructed these residents to put all of their meager belongings into giant trash bags that would follow them to their new location. Unfortunately, the residents were loaded on a van and the bags remained at the facility and were subsequently tossed out as trash. Can you imagine what it would be like to have everything you have in the world, remnants of your life, reduced to the size of a trash bag and then carelessly discarded? To add insult to injury, residents


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like these, moved quickly because of facility shutdown or other emergencies, sometimes must wait for up to two months before their funding makes it to the new facility. When I heard that our office had no means to fund emergency hygiene items and basic essentials and were taking up donations from the staff, I realized we could do better. That's when I reached out to the Electric Cooperatives of South Carolina, and they responded in a big way. The Wire Women of the Cooperatives put together emergency relocation bags -- giant rolling duffle bags -- containing shampoo, soap, towels, socks, jackets, blankets, and an empty bag for personal items that we utilize each time we must move a resident to a new facility. How wonderful it is to be able to make that harsh landing to a new facility a little softer. More importantly, these generous women have committed to replenishing this stock of bags yearly. Sadly, we've had to use every bag we've been given because of numerous closures and emergencies. Members representing the WIRE Women of the Electric Cooperatives across this State are here today. Will you please stand and be recognized?

Another example of creative partnership is Leadership South Carolina. Helen Munnerlyn, their Executive Director is here today, and many members of the Class of 2013 are in the balcony with her and in this body as well. Helen, will you -- and any members of the Class of 2013 here with us today -- please stand?

Leadership South Carolina came forward last year to help us with our mission by adopting "senior hunger" as their class project. They raised over $100,000 for senior hunger, including a donation by Honda of two mini-vans for rural senior centers.

And you recall that wheelchair ramp I mentioned earlier? Well, Verizon stepped in and donated money to help rebuild the ramp at that OSS facility.

Additionally, in Columbia, SCE&G weatherized a home for a gentleman who had been living in his house without electricity since 2009. A stroke had put him behind with his bills, but because of volunteer linemen, gas journeymen, and the generosity of this company, this man will have heat and hot water and a home that will be more energy efficient. More importantly, because of this gracious help from the community, this gentleman may never need a Medicaid bed. Unfortunately, this particular situation also demonstrates the disconnect in our system. Apparently, this man had been receiving meals and no one ever realized that he did not have electricity. This went unnoticed for over four years! A more thorough assessment of


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this man's needs may have prevented unneeded suffering. We've changed that; we now require a more thorough needs assessment.

There are many more companies and organizations reaching out to us each week, and I would be remiss if I didn't mention Duke Energy and their generous contribution toward senior outreach and education.

In addition to these fine organizations, we also have senior volunteers across the State who are working to help other seniors, whether it's providing transportation to a doctor or delivering a meal or mentoring children. We have an opportunity to foster wonderful volunteer programs to help fill in the gaps where programs and services are not available, and we have a huge army of retiring seniors with a strong desire to serve where they are needed.

Coordinating resources -- volunteer, faith-based, or otherwise -- can go a long way in matching need to resources and saving precious public dollars for other critical needs. If everyone does a little, no one has to do a lot.

I've got one more story I want to share with you about how just a little can mean so much. This is one of my favorites. In the Rock Hill area, meals were being delivered to several shut-ins who weren't prospering from the nutrition, and when we checked, we found a common denominator -- these seniors lived alone, had no family close by, and had no transportation to a grocery store. They had one companion, a cat or a dog. We discovered they were starving themselves and feeding the meal to their companion. A group of students from a local high school started collecting pet food, so that when the meals were delivered on this route, pet food was also delivered. This practice is now spreading to other areas.

In addition to coordinating resources, any plan for preparing South Carolina for the "grey tsunami" must include updating our laws to reflect the changing needs of our seniors. With that being said, I encourage you to utilize the Joint Legislative Committee to Study Services, Programs and Facilities for Aging (I refer to it as the Joint Aging Committee) to help you identify, coordinate, and recommend the needed course of action. Senator Thomas Alexander chairs this committee, and Senators Malloy and Cromer serve from the Senate, and Representatives Walt McLeod, Skelton, and Moss serve from the House.

Transportation for seniors is the number one issue and challenge we have in our State. The Silver Haired Legislature has recognized this for years, and with the help from attorneys with the South Carolina Association for Justice, we have developed a legislative proposal that:


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encourages volunteerism;
responsibly limits liability while maintaining responsibility for gross negligence for the actions of senior volunteer drivers who, through non-profit entities, transport other seniors; and
embraces home and community-based services.
I encourage you to support this legislation when it is introduced.

Unfortunately, my time as Lieutenant Governor grows short, but I hope my effect on the result will be long. You should continue to give a serious look at what the future impact of our aging population will have on the state's probate courts, particularly as it pertains to taking away property and other rights of seniors. Additionally, you need to explore other options to help defray the costs of senior care, such as long-term care insurance.

Most importantly, with a change in our state's Constitution in 2018, you need to ensure that the Office on Aging maintains a close connection to the public it serves, and I strongly encourage that you consider a restructuring plan that will provide your connection and oversight so that problems can be easily identified and addressed and not manipulated for a political result. At a time when almost half of the state's population will be over the age of 50, it just makes sense to have an agency easily accessible and dedicated to their unique needs.

And lastly, I would like to mention the importance of education and information. A few months ago, a lady called me, desperate for help. The doctor would not admit her husband to the hospital, and they simply put him back into her car to take home. She couldn't lift him or care for him. He needed 24-hour care, but she had no idea who to call or where to go for assistance. Although they had a retirement income sufficient to support them frugally in their own home, there was no extra money for this type of situation. This not only demonstrates how fragile middle-class South Carolina has become, it also highlights the critical need for a one-stop place to ensure that seniors, families, and caregivers have access to information about options and services.

So you can see, information is currency to seniors and their families. It takes them to resources and options. Utilizing the website of the Office on Aging to inform, educate, and assist in connecting needs to resources, both governmental and private, will be one of the most important services our State can provide. I encourage each of you to engage your communities -- reach out to people and businesses -- and ask them to call the Office on Aging to list their service, whether paid or donated, on our website.


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Additionally, we need to educate adults about what lies ahead so they have the ability to plan for their possible infirmity or inability to make decisions, and we need to teach our children that planning for retirement needs to be included on their to-do list, along with buying their first homes and providing for their children's education.

During my time as Lieutenant Governor, it has also surprised me to learn that many people believe that Medicare pays for long-term care. But it doesn't. Most people don't know the difference between Medicare and Medicaid, and many others believe that government will take care of you once you can no longer take care of yourself. Wrong! As I said before, there will never be enough public money to meet the demand of the growing needs. It's about a helping hand - not a handout. It's about preventing the middle class from depleting their assets and becoming Medicaid dependent. Without support to maintain their independence through home and community-based programs, seniors will quickly go through their assets in private-pay nursing beds at $80,000 to $110,000 a year and get on the Medicaid nursing bed two-year waiting list. This bed will also cost $52,000 a year, whereas, on average, home and community-based programs can, for as little as $1,400 per person, keep them home where they wish to be. It's as much as 40 times cheaper and keeps the beds open for those who have no other option.

The bottom line is this: the "grey tsunami" is coming. We still have time to mitigate its potential devastation by setting aside politics as usual and placing aging as a priority, right up there on this list with educating our children and providing adequate infrastructure for our state's economic development.
Aging is not a political issue; it's a people issue and a humanitarian issue. We need a long-term plan for caring for our growing senior and vulnerable adult population. It's as simple as that. We don't need to leave them behind.

We need regulatory reform to put common sense back in the administration of government. We must strengthen home and community-based programs to prevent seniors from migrating to more expensive care. We need to weave a fabric of non-profits, for-profits, faith-based, and government services into a complementary public-private partnership across South Carolina -- from medical clinics to respite for caregivers to home and community-based services to adult day care to assisted living to nursing homes -- in order to provide a safety net for elderly and vulnerable adults.


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I do not have the time to thank all of the persons, companies, churches, countless other entities, and caregivers who reach out and help seniors and those who are disabled each and every day. There are too many to mention. But their contribution, no matter how big or small, makes a huge difference to someone in need, and I want to take this opportunity to acknowledge them and express my heartfelt appreciation.

I now want to share with you a brief video we produced in our office for our budget presentation last year which summarizes some of my findings while on the "Face of Aging" tour of South Carolina and illustrates some of the challenges we face together as seniors and as a state. If I haven't gotten into your head with what I've told you, hopefully this video will find its way into your heart.

Civilizations have been judged by how well they treat their older members. You have the opportunity to define your public service and have a lasting impact on our State and our State's seniors and disabled citizens. Please help me prepare our State for one of the biggest challenges we are facing in our lifetime.

You know, I was a very sad person, the day I had to leave my Senate seat to become Lieutenant Governor. But by honoring the oath I took and doing the right thing, that decision led me to an experience that has been truly transformational and inspirational to me. I hope my journey has made a difference and will inspire others to continue the mission.

In closing,   I want to thank you again for allowing me the honor to speak to you, and I want to leave you with a quote I include in every aging speech I've given over the past two years. It's attributed to Sir Winston Churchill, and he sums up life as this: "You make a living by what you get; you make a life by what you give."

May God bless our seniors and our vulnerable children and adults, and may God help us South Carolinians recognize the challenges ahead and give life to those so that their golden years are indeed golden.

Upon conclusion of his address, the Honorable Glenn F. McConnell and his escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the President Pro Tempore of the Senate announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.


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THE HOUSE RESUMES

At 1:32 p.m. the House resumed, the SPEAKER in the Chair.

Rep. BRANNON moved that the House recede until 3:00 p.m., which was agreed to.

THE HOUSE RESUMES

At 3:00 p.m. the House resumed, ACTING SPEAKER CROSBY in the Chair.

POINT OF QUORUM

The question of a quorum was raised.
A quorum was later present.

SPEAKER IN CHAIR

LEAVE OF ABSENCE

The SPEAKER granted Rep. ANTHONY a leave of absence for the remainder of the day to attend a funeral.

LEAVE OF ABSENCE

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

RECURRENCE TO THE MORNING HOUR

Rep. HIOTT moved that the House recur to the morning hour, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

H. 3949 (Word version) -- Reps. Felder, Spires, Southard, Allison, Erickson, Gagnon, George, Hayes, Horne, Norman, Norrell, Simrill and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-93 SO AS TO DEFINE THE TERM "TOOTH WHITENING"; TO AMEND SECTION 40-15-70, RELATING TO THE PRACTICE OF DENTISTRY, SO AS TO INCLUDE TOOTH WHITENING WITHIN THE PRACTICE OF DENTISTRY; AND TO AMEND SECTION 40-15-102, RELATING TO THE FUNCTIONS A DENTAL HYGIENIST MAY PERFORM


Printed Page 2198 . . . . . Wednesday, March 26, 2014

IN A PRIVATE DENTAL OFFICE, SO AS TO INCLUDE TOOTH WHITENING.
Ordered for consideration tomorrow.

Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

H. 4527 (Word version) -- Reps. Felder, D. C. Moss, Brannon, Allison, Daning, Crosby, V. S. Moss, Hosey, Sottile, Clyburn, Kennedy, Spires, Quinn, R. L. Brown, Cole, Forrester, Pope, Rivers and Wood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-195 SO AS TO ESTABLISH "A DAY OF RECOGNITION FOR VETERANS' SPOUSES AND FAMILIES" ON THE DAY AFTER THANKSGIVING DAY EACH YEAR.
Ordered for consideration tomorrow.

Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 4665 (Word version) -- Reps. H. A. Crawford, Erickson, Atwater, Allison, Clemmons, Gagnon, Goldfinch, Hardee, Hardwick, Harrell, Henderson, Horne, Nanney, Putnam, Quinn and Ryhal: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-13-185 SO AS TO PROHIBIT THE ADMINISTRATION OF MEDICATION TO A MINOR CHILD BY AN EMPLOYEE OR VOLUNTEER OF A CHILDCARE FACILITY WITHOUT PARENTAL PERMISSION, TO INCLUDE EXCEPTIONS IN CIRCUMSTANCES OF EMERGENCIES, TO REQUIRE CHILDCARE FACILITIES TO MAINTAIN RECORDS THAT DOCUMENT RECEIPT OF PARENTAL PERMISSION, AND TO PROVIDE CRIMINAL PENALTIES.
Ordered for consideration tomorrow.

Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

S. 842 (Word version) -- Senator Cleary: A BILL TO AMEND CHAPTER 12, TITLE 25 OF THE 1976 CODE, RELATING TO VETERAN'S UNCLAIMED CREMATED REMAINS, TO PROVIDE THAT A CORONER MAY WORK WITH A VETERANS SERVICE


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ORGANIZATION TO PROVIDE FOR THE DISPOSITION OF UNCLAIMED CREMATED REMAINS OF A VETERAN PURSUANT TO THE PROVISIONS CONTAINED IN THIS CHAPTER.
Ordered for consideration tomorrow.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. J. E. SMITH.

LEAVE OF ABSENCE

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

H. 4501--ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of the Bill:

H. 4501 (Word version) -- Reps. Hiott, Knight, R. L. Ott and Sandifer: A BILL TO AMEND SECTION 44-2-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUPERB ACCOUNT AND THE SUPERB FINANCIAL RESPONSIBILITY FUND ESTABLISHED TO ASSIST IN CARRYING OUT THE PURPOSES OF THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO DEFINE "USUAL, CUSTOMARY, AND REASONABLE COSTS", OF SITE REHABILITATION OF RELEASES FROM UNDERGROUND STORAGE TANKS CONTAINING PETROLEUM, AS PAYMENTS NOT LESS THAN THE JULY 1, 2011, SUPERB ALLOWABLE COST REIMBURSEMENT SCHEDULE AND TO FURTHER PROVIDE FOR THE USE AND APPLICATION OF THIS REIMBURSEMENT SCHEDULE.

Rep. HIOTT explained the Bill.

SPEAKER PRO TEMPORE IN CHAIR

Rep. HIOTT continued speaking.

The question then recurred to the passage of the Bill.


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The yeas and nays were taken resulting as follows:

Yeas 66; Nays 32

Those who voted in the affirmative are:

Alexander              Anderson               Bales
Ballentine             Bannister              Barfield
Brannon                G. A. Brown            R. L. Brown
Burns                  Chumley                Clemmons
Cobb-Hunter            Cole                   H. A. Crawford
Crosby                 Delleney               Dillard
Douglas                Edge                   Erickson
Forrester              Funderburk             Gagnon
George                 Goldfinch              Hardee
Hardwick               Harrell                Henderson
Hiott                  Hixon                  Hodges
Hosey                  Jefferson              Kennedy
King                   Knight                 Long
Lucas                  McEachern              M. S. McLeod
W. J. McLeod           V. S. Moss             Murphy
Nanney                 Neal                   Newton
Norrell                R. L. Ott              Patrick
Pope                   Riley                  Robinson-Simpson
Rutherford             Ryhal                  Sabb
Sellers                Skelton                Sottile
Southard               Spires                 Tallon
Vick                   Whipper                Wood

Total--66

Those who voted in the negative are:

Allison                Bowers                 K. R. Crawford
Felder                 Hamilton               Hayes
Herbkersman            Huggins                Limehouse
Loftis                 Mack                   McCoy
Merrill                D. C. Moss             Munnerlyn
Owens                  Parks                  Putnam
Quinn                  Ridgeway               Rivers
Sandifer               Simrill                G. R. Smith
J. E. Smith            Stavrinakis            Stringer

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Thayer                 Weeks                  Wells
Whitmire               Willis

Total--32

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

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business and missed the vote on H. 4501.
Rep. Kenny Bingham

H. 4501--MOTION TO RECONSIDER TABLED

Rep. HIOTT moved to reconsider the vote whereby the following Bill was given second reading:

H. 4501 (Word version) -- Reps. Hiott, Knight, R. L. Ott and Sandifer: A BILL TO AMEND SECTION 44-2-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUPERB ACCOUNT AND THE SUPERB FINANCIAL RESPONSIBILITY FUND ESTABLISHED TO ASSIST IN CARRYING OUT THE PURPOSES OF THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO DEFINE "USUAL, CUSTOMARY, AND REASONABLE COSTS", OF SITE REHABILITATION OF RELEASES FROM UNDERGROUND STORAGE TANKS CONTAINING PETROLEUM, AS PAYMENTS NOT LESS THAN THE JULY 1, 2011, SUPERB ALLOWABLE COST REIMBURSEMENT SCHEDULE AND TO FURTHER PROVIDE FOR THE USE AND APPLICATION OF THIS REIMBURSEMENT SCHEDULE.

Rep. HIOTT moved to table the motion to reconsider, which was agreed to.

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


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RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4385 (Word version) -- Rep. Parks: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 178 IN GREENWOOD COUNTY FROM ITS INTERSECTION WITH "MAYS CROSSROADS" TO ITS INTERSECTION WITH UNITED STATES HIGHWAY 25 "DR. BENJAMIN E. MAYS HIGHWAY", AND THAT APPROPRIATE MARKERS OR SIGNS BE ERECTED ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "DR. BENJAMIN E. MAYS HIGHWAY".

H. 4902 (Word version) -- Reps. Norrell, 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, 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 THE IMPORTANCE OF MIDDLE-LEVEL EDUCATION, TO HONOR THE CONTRIBUTIONS OF THOSE WHO EDUCATE THIS UNIQUE AGE GROUP, AND TO DECLARE MARCH 2014 "MIDDLE-LEVEL EDUCATION MONTH" IN SOUTH CAROLINA.

H. 4926 (Word version) -- Reps. Harrell, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown,


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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 INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 11:30 A.M. ON WEDNESDAY, APRIL 9, 2014.

H. 4975 (Word version) -- Reps. Bernstein, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, 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, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR


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DENISE DUKE OF COLUMBIA, A TWENTY-ONE YEAR VETERAN TEACHER, FOR HER SIGNIFICANT CONTRIBUTIONS TO EDUCATION IN SOUTH CAROLINA AND TO CONGRATULATE HER FOR BEING NAMED THE FIRST RECIPIENT OF THE NASA BEAGLE AWARD.

H. 4976 (Word version) -- Reps. Bernstein, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, 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, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A CONCURRENT RESOLUTION TO COMMEMORATE THE SEVENTIETH ANNIVERSARY OF D-DAY, WHICH TOOK PLACE ON JUNE 6, 1944, AND MARKED THE TURNING POINT OF WORLD WAR II; TO COMMEMORATE YOM HASHOAH, THE OFFICIAL HOLOCAUST "DAY OF REMEMBRANCE"; AND TO RECOGNIZE AND HONOR WORLD WAR II U.S. ARMY HERO MAJOR T. MOFFATT BURRISS OF COLUMBIA.

ADJOURNMENT

At 4:23 p.m. the House, in accordance with the motion of Rep. COBB-HUNTER, adjourned in memory of Rev. Hinson Pooser of Vance, to meet at 10:00 a.m. tomorrow.

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