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

Wednesday, June 4, 2014
(Statewide Session)


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Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from I Chronicles 6:12: "Remember the wonderful works He has done, His miracles, and the judgments He uttered."
Let us pray. Heavenly Father, bless and keep these Representatives and staff, whom You have chosen to be Your servants to the people of this State. Remind them of Your presence with them always, in good times and bad. Protect them from all harm. Continue Your grace and blessing upon our Nation, President, State, Governor, Speaker, staff, and all who contribute to the success of this Assembly. Protect our defenders of freedom, at home and abroad, as they protect us. Heal the wounds, those seen and those hidden, of our brave warriors. Lord, in Your mercy, hear our prayer. Amen.

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

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

MOTION ADOPTED

Rep. HOSEY moved that when the House adjourns, it adjourn in memory of John Gannie Creech, Jr., of Liberty, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the veterans of D-Day and for those who made the supreme sacrifice in World War II.

CONFIRMATION OF APPOINTMENT

The following was received:

State of South Carolina
Office of the Governor


Printed Page 4330 . . . . . Wednesday, June 4, 2014

Columbia, S.C., June 3, 2014
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the appointee's Congressional Delegation and is therefore submitted for your consideration.

STATEWIDE APPOINTMENT

South Carolina State Board for Technical and Comprehensive Education
Term Commencing: July 1, 2014
Term Expiring: July 1, 2020
Seat: 6th Congressional District
Vice: Mr. Joe W. Pearce

Home Information
Mr. Gregory B. Askins
409 East George Street
Hemingway, South Carolina 29554

My very best,
Nikki R. Haley
Governor

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

REPORTS OF STANDING COMMITTEE

Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 5352 (Word version) -- Reps. Hayes, Clemmons, George, H. A. Crawford, Ryhal, Brannon, Anderson, Hardee, Edge, Goldfinch and Hardwick: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME SOUTH CAROLINA HIGHWAY 319 IN HORRY COUNTY "REPRESENTATIVE LISTON BARFIELD HIGHWAY" AND


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ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THIS DESIGNATION.
Ordered for consideration tomorrow.

Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

S. 1306 (Word version) -- Senators Campbell and Grooms: A CONCURRENT RESOLUTION TO URGE MEMBERS OF THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO SUPPORT LEGISLATION REAUTHORIZING THE EXPORT IMPORT BANK FOR AN ADDITIONAL FIVE YEARS; FAILURE TO DO SO WOULD CREATE AN ADVERSE IMPACT ON THE FUTURE ECONOMIC GROWTH OF SOUTH CAROLINA AND THE UNITED STATES OF AMERICA.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 5362 (Word version) -- Rep. King: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF GOSPEL MUSIC LEGEND MELVIN CRISPELL OF CHARLOTTE, NORTH CAROLINA, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LOVING FAMILY AND HIS MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5363 (Word version) -- Reps. Tallon, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson,


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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, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR CHIEF SHANE RAY, SOUTH CAROLINA STATE FIRE MARSHAL, FOR HIS EXEMPLARY SERVICE AND DISTINGUISHED CAREER AS A FIREFIGHTER, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

ROLL CALL

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

Alexander              Allison                Anthony
Atwater                Bales                  Ballentine
Bannister              Barfield               Bernstein
Bingham                Bowen                  Branham
Brannon                G. A. Brown            R. L. Brown
Burns                  Clemmons               Cobb-Hunter
Cole                   K. R. Crawford         Crosby
Daning                 Delleney               Douglas
Erickson               Felder                 Finlay
Forrester              Funderburk             Gagnon
Gambrell               George                 Hamilton
Hardee                 Hardwick               Harrell
Hayes                  Herbkersman            Hiott
Hixon                  Hodges                 Hosey
Howard                 Huggins                Jefferson
King                   Knight                 Limehouse
Long                   Lowe                   Lucas
Mack                   McCoy                  McEachern
W. J. McLeod           Merrill                Mitchell
Munnerlyn              Murphy                 Nanney

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Newton                 Norman                 R. L. Ott
Owens                  Patrick                Pitts
Quinn                  Ridgeway               Riley
Rivers                 Robinson-Simpson       Ryhal
Sabb                   Sandifer               Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Southard               Spires
Stringer               Tallon                 Taylor
Thayer                 Toole                  Weeks
Wells                  Whipper                White
Whitmire               Williams               Wood

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, June 4.

Carl Anderson                     Eric Bedingfield
William Bowers                    Bill Chumley
William Clyburn                   Heather Crawford
Tracy Edge                        Wendell Gilliard
Stephen Goldfinch                 Jerry Govan
Chris Hart                        Phyllis Henderson
Jenny A. Horne                    Ralph Kennedy
Dwight Loftis                     M.S. McLeod
Dennis Moss                       V. Stephen Moss
Joseph Neal                       Mandy Powers Norrell
Anne Parks                        Thomas "Tommy" Pope
Todd Rutherford                   Bakari Sellers
Gary Simrill                      James E. Smith
Leon Stavrinakis                  Ted Vick
Mark Willis                       Chandra Dillard

Total Present--123

LEAVE OF ABSENCE

The SPEAKER granted Rep. STAVRINAKIS a temporary leave of absence due to family reasons.

LEAVE OF ABSENCE

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


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LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. V. S. MOSS a temporary leave of absence.

LEAVE OF ABSENCE

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

STATEMENT OF ATTENDANCE

Rep. VICK signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, June 3.

DOCTOR OF THE DAY

Announcement was made that Dr. Ralph Riley of Saluda was the Doctor of the Day for the General Assembly.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:

S. 1311 (Word version) -- Senators Young, Setzler and Massey: A BILL TO AMEND ACT 588 OF 1986, AS AMENDED, RELATING TO THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS FOR THE SCHOOL BOARD OF AIKEN COUNTY, SO AS TO REAPPORTION THE DISTRICTS BEGINNING WITH THE SCHOOL BOARD ELECTIONS IN 2014, TO REDESIGNATE THE MAP NUMBER ON WHICH THESE DISTRICTS MAY BE FOUND, AND TO PROVIDE DEMOGRAPHIC INFORMATION REGARDING THE REAPPORTIONED ELECTION DISTRICTS.


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RETURNED TO THE SENATE WITH AMENDMENTS

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

S. 1329 (Word version) -- Senator Massey: A BILL TO AMEND ACT 595 OF 1992, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE SEVEN SINGLE-MEMBER DISTRICTS FROM WHICH THE TRUSTEES ARE ELECTED BEGINNING WITH THE SCHOOL DISTRICT ELECTIONS IN 2014, TO DESIGNATE A MAP NUMBER ON WHICH THESE ELECTION DISTRICTS ARE DELINEATED, AND TO PROVIDE DEMOGRAPHIC INFORMATION PERTAINING TO THE NEWLY DRAWN ELECTION DISTRICTS.

S. 1341--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up:

S. 1341 (Word version) -- Senator Hutto: A JOINT RESOLUTION TO ESTABLISH THE BARNWELL COUNTY SCHOOL CONSOLIDATION STUDY COMMITTEE TO EXPLORE THE CONSOLIDATION OF THE THREE PRESENT SCHOOL DISTRICTS OF THE COUNTY, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE AND THE ISSUES IT SHALL CONSIDER, AND TO PROVIDE THAT THE COMMITTEE IS DISSOLVED UPON THE SUBMISSION OF ITS REPORT TO THE COUNTY LEGISLATIVE DELEGATION WHICH MUST BE SUBMITTED NO LATER THAN MARCH 1, 2015.

Rep. HOSEY proposed the following Amendment No. 1 to S. 1341 (COUNCIL\NL\1341C001.NL.SD14), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   (A)   There must be created within forty-five days of the effective date of this act the Barnwell County School Consolidation Study Committee whose purpose is to explore the consolidation of the three present school districts of the county into the Barnwell County School District. The committee is composed of the following nine members as follows:

(1)   the chairmen of the present three districts or their designees;


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(2)   one board member from each of the present three districts, selected by the members of each district's board of trustees; and

(3)   three members from the community selected by the county legislative delegation.

(B)   Names of the six members of the consolidation study committee not selected by the county legislative delegation must be submitted to the county legislative delegation within thirty days of the effective date of this act. The county legislative delegation shall designate a chair. A vacancy on the committee must be filled in the same manner as the committee member whose departure from the committee created the vacancy.

(C)   The committee shall study and explore:

(1)   consolidation of the district administration;

(2)   merging of programs, policies, and procedures;

(3)   merging of the districts' technology systems, purchasing, and other fiscal activities;

(4)   consolidation of equipment and supplies;

(5)   equalization of educator pay; and

(6)   such other related matters and considerations, however, the committee may not consider modifications of the attendance zones of the existing school districts.

(D)   By March 1, 2015, the Barnwell County School Consolidation Study Committee shall prepare a report to be submitted to the county legislative delegation and upon submission of the report, the committee is dissolved.

(E)   The administrations and staffs of the present three school districts are expected and encouraged to cooperate with the study committee.
SECTION   2.   This joint resolution takes effect upon approval by the Governor.     /
Amend the Joint Resolution further by striking the title and inserting:
/   TO ESTABLISH THE BARNWELL COUNTY SCHOOL CONSOLIDATION STUDY COMMITTEE TO EXPLORE THE CONSOLIDATION OF THE THREE PRESENT SCHOOL DISTRICTS OF THE COUNTY, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE AND THE ISSUES IT SHALL CONSIDER, AND TO PROVIDE THAT THE COMMITTEE IS DISSOLVED UPON THE SUBMISSION OF ITS REPORT TO THE COUNTY LEGISLATIVE DELEGATION WHICH MUST BE SUBMITTED NO LATER THAN MARCH 1, 2015.   /


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Renumber sections to conform.
Amend title to conform.

The amendment was then adopted.

The question then recurred to the passage of the Joint Resolution.

The yeas and nays were taken resulting as follows:

Yeas 64; Nays 0

Those who voted in the affirmative are:

Anderson               Anthony                Atwater
Bales                  Barfield               Bingham
Bowen                  Branham                Brannon
G. A. Brown            R. L. Brown            Burns
Chumley                Cole                   K. R. Crawford
Crosby                 Daning                 Delleney
Douglas                Felder                 Finlay
Funderburk             Gagnon                 George
Hamilton               Hardee                 Harrell
Hixon                  Hodges                 Hosey
Huggins                King                   Limehouse
Loftis                 Long                   Lowe
Lucas                  McCoy                  McEachern
W. J. McLeod           Merrill                Munnerlyn
Nanney                 Norman                 R. L. Ott
Patrick                Pitts                  Ridgeway
Rivers                 Ryhal                  Sabb
Sandifer               Skelton                G. M. Smith
J. R. Smith            Sottile                Tallon
Taylor                 Toole                  Weeks
Wells                  Whipper                White
Williams

Total--64

Those who voted in the negative are:

Total--0


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

H. 5354--ORDERED TO THIRD READING

The following Bill was taken up:

H. 5354 (Word version) -- Rep. Hodges: A BILL TO AMEND ACT 190 OF 1991, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY, SO AS TO REAPPORTION THE SPECIFIC ELECTION DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY MUST BE ELECTED BEGINNING WITH SCHOOL DISTRICT ELECTIONS IN 2014, AND TO PROVIDE FOR DEMOGRAPHIC INFORMATION IN REGARD TO THESE NEWLY DRAWN ELECTION DISTRICTS.

The yeas and nays were taken resulting as follows:

Yeas 62; Nays 0

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Atwater                Bales                  Bingham
Bowen                  Branham                Brannon
G. A. Brown            R. L. Brown            Burns
Chumley                Cole                   K. R. Crawford
Crosby                 Daning                 Delleney
Douglas                Felder                 Finlay
Forrester              George                 Hamilton
Hardee                 Hardwick               Harrell
Hixon                  Hodges                 Horne
Hosey                  Huggins                Jefferson
Knight                 Limehouse              Loftis
Long                   Lowe                   Lucas
McCoy                  McEachern              Munnerlyn
Murphy                 Nanney                 Newton
Norman                 Patrick                Pitts
Ridgeway               Ryhal                  Sabb
Sandifer               Skelton                G. M. Smith
J. R. Smith            Sottile                Tallon

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Toole                  Weeks                  White
Williams               Wood

Total--62

Those who voted in the negative are:

Total--0

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

H. 5356--DEBATE ADJOURNED

The following Bill was taken up:

H. 5356 (Word version) -- Rep. Knight: A BILL TO AMEND ACT 536 OF 1986, AS AMENDED, RELATING TO DORCHESTER COUNTY SCHOOL DISTRICT FOUR BOARD OF TRUSTEES, SO AS TO REAPPORTION THE SPECIFIC ELECTION DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES MUST BE ELECTED BEGINNING WITH SCHOOL BOARD ELECTIONS IN 2014, TO DESIGNATE THE MAP NUMBER ON WHICH THESE DISTRICTS MAY BE FOUND, AND TO PROVIDE DEMOGRAPHIC INFORMATION REGARDING THE REAPPORTIONED ELECTION DISTRICTS.

Rep. KNIGHT moved to adjourn debate on the Bill until Thursday, June 5, which was agreed to.

H. 4265--DEBATE ADJOURNED

The following Bill was taken up:

H. 4265 (Word version) -- Reps. McCoy, Harrell and Merrill: A BILL TO AMEND SECTION 5-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR ANNEXATION OF SPECIAL PURPOSE DISTRICTS, SO AS TO PROVIDE FOR AN ADDITIONAL METHOD OF ANNEXATION BY RESOLUTION OF A SPECIAL PURPOSE DISTRICT WHEN A PREEXISTING MUNICIPALITY ANNEXES A MAJORITY OF THE POPULATION OF THE DISTRICT OR WHEN A MUNICIPALITY


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INCORPORATES A MAJORITY OF THE POPULATION OF A DISTRICT.

Rep. COLE moved to adjourn debate on the Bill until Thursday, June 5, which was agreed to.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:

S. 840 (Word version) -- Senator Bryant: A BILL TO AMEND SECTION 44-53-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUBMISSION OF CERTAIN INFORMATION BY DISPENSERS AS PART OF THE STATE PRESCRIPTION MONITORING PROGRAM, SO AS TO REVISE THE MANNER OF SUBMISSION; AND TO AMEND SECTION 44-53-1650, RELATING TO CONFIDENTIALITY AND RELEASE OF DATA FROM THE STATE PRESCRIPTION MONITORING PROGRAM, SO AS TO REQUIRE A COURT ORDER FOR THE RELEASE OF CERTAIN INFORMATION FOR RESEARCH AND EDUCATION PURPOSES, AND TO REQUIRE A COURT ORDER TO RELEASE INFORMATION TO CERTAIN INDIVIDUALS WHEN THE REQUEST IS FOR SYSTEM DATA MAINTAINED FOR LONGER THAN ONE YEAR.

S. 809 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 4-10-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CAPITAL PROJECTS SALES TAX, SO AS TO DELETE A PROVISION ALLOWING THE REFERENDUM FOR IMPOSITION OR REIMPOSITION TO BE HELD AT A TIME OTHER THAN AT THE TIME OF THE GENERAL ELECTION.

S. 897 (Word version) -- Senator Coleman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-723 SO AS TO PROVIDE THAT A PERSON WHO RETIRES FROM A SOLICITOR'S OFFICE MAY PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS REGARDLESS OF WHETHER THE COUNTY IN WHICH HE IS EMPLOYED AT THE TIME OF HIS RETIREMENT


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PARTICIPATES IN THESE PLANS, AMONG OTHER THINGS, AND TO MAKE THESE PROVISIONS RETROACTIVE TO JANUARY 1, 2012.

S. 890--DEBATE ADJOURNED

The following Bill was taken up:

S. 890 (Word version) -- Senators Cleary and Rankin: A BILL TO AMEND SECTION 48-39-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS REQUIRED FOR COASTAL ZONE CRITICAL AREAS, SO AS TO DELETE THE EMERGENCY ORDER EXCEPTION TO ORDERS BY APPOINTED OFFICIALS OF COUNTIES AND MUNICIPALITIES; TO AMEND SECTION 48-39-280, RELATING TO THE SHORELINE FORTY-YEAR RETREAT POLICY, SO AS TO PROHIBIT THE SEAWARD MOVEMENT OF THE BASELINE AFTER JULY 1, 2014, AND TO ELIMINATE THE RIGHT OF LOCAL GOVERNMENTS AND LANDOWNERS TO PETITION THE ADMINISTRATIVE LAW COURT TO MOVE THE BASELINE SEAWARD UPON COMPLETION OF A BEACH RENOURISHMENT PROJECT; AND TO AMEND SECTION 48-39-290, AS AMENDED, RELATING TO CONSTRUCTION RESTRICTIONS SEAWARD OF THE BASELINE, EXCEPTIONS TO RESTRICTIONS, AND SPECIAL PERMITS, SO AS TO ELIMINATE THE EXCEPTION OF GOLF COURSES FROM A PERMIT REQUIREMENT AND TO SUBSTITUTE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S COASTAL DIVISION AS THE DIVISION TO CONSIDER APPLICATIONS FOR SPECIAL PERMITS.

Rep. HARDWICK moved to adjourn debate on the Bill until Thursday, June 5, which was agreed to.

S. 516--ORDERED TO THIRD READING

The following Bill was taken up:

S. 516 (Word version) -- Senators Peeler, Fair, Hayes, Courson, Young, Setzler, Malloy, Leatherman, Lourie, L. Martin, Johnson, Jackson, Allen, Rankin, Scott and Pinckney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA READ TO SUCCEED ACT"; BY ADDING


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CHAPTER 155 TO TITLE 59 SO AS TO CREATE THE SOUTH CAROLINA READ TO SUCCEED OFFICE AND A READING PROFICIENCY PANEL WITHIN THE OFFICE, AND TO PROVIDE RELATED REQUIREMENTS OF THE DEPARTMENT OF EDUCATION, STATE SUPERINTENDENT OF EDUCATION, SCHOOL DISTRICTS, COLLEGES, AND UNIVERSITIES THAT OFFER CERTAIN RELATED GRADUATE EDUCATION, AND EDUCATORS AND ADMINISTRATORS, AMONG OTHER THINGS.

Rep. PATRICK explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 75; Nays 20

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Bales                  Ballentine             Bannister
Barfield               Bernstein              Bingham
Bowen                  Branham                Brannon
G. A. Brown            R. L. Brown            Cobb-Hunter
Cole                   K. R. Crawford         Daning
Delleney               Douglas                Felder
Finlay                 Forrester              Funderburk
Gagnon                 Gambrell               George
Hardee                 Hardwick               Harrell
Hayes                  Hiott                  Hixon
Hodges                 Horne                  Hosey
Howard                 Huggins                Jefferson
King                   Knight                 Limehouse
Lowe                   Lucas                  Mack
McEachern              W. J. McLeod           Munnerlyn
Murphy                 Newton                 Norman
R. L. Ott              Patrick                Pitts
Quinn                  Ridgeway               Rivers
Ryhal                  Sabb                   Sandifer
Skelton                G. M. Smith            J. R. Smith
Sottile                Tallon                 Taylor
Vick                   Weeks                  Wells

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Whipper                White                  Whitmire
Williams               Willis                 Wood

Total--75

Those who voted in the negative are:

Atwater                Burns                  Chumley
Clemmons               Crosby                 Erickson
Goldfinch              Hamilton               Herbkersman
Loftis                 Long                   McCoy
Merrill                Nanney                 Riley
G. R. Smith            Southard               Stringer
Thayer                 Toole

Total--20

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

RECORD FOR VOTING

I was temporarily out of the Chamber and missed the vote on S. 516. If I had been present, I would have voted against the Bill.

Rep. Phyllis Henderson

RECORDS FOR VOTING

We were unavoidably delayed in arriving for Session and missed the vote on S. 516. If we had been present, we would have voted in favor of the "Read to Succeed" Bill.

Reps. Gary Simrill, Dennis Moss and Tommy Pope

STATEMENT BY REP. ALEXANDER

Rep. ALEXANDER made a statement relative to Rep. BRANHAM'S service in the House.

STATEMENT BY REP. BRANHAM

Rep. BRANHAM made a statement relative to his service in the House.


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H. 4701--DEBATE ADJOURNED

The following Bill was taken up:

H. 4701 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2014, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.

Rep. WHITE moved to adjourn debate on the Bill, which was agreed to.

H. 4702--DEBATE ADJOURNED

The following Joint Resolution was taken up:

H. 4702 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2013-2014, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.

Rep. WHITE moved to adjourn debate on the Joint Resolution, which was agreed to.

H. 4603--RECOMMITTED

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

H. 4603 (Word version) -- Reps. Sottile, Harrell, Goldfinch, Crosby, McCoy, Erickson, Murphy, Stavrinakis, Bowen and Forrester: A JOINT RESOLUTION TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE OR APPROVE ORDERS ALLOWING SAND SCRAPING AND SANDBAGGING FOR THE PROTECTION OF GOLF COURSES.

Rep. HARDWICK explained the Senate Amendments.


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Rep. BRANNON moved to recommit the Joint Resolution to the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. HARDWICK moved to table the motion.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 42; Nays 64

Those who voted in the affirmative are:

Barfield               Bedingfield            Burns
Chumley                Clemmons               H. A. Crawford
K. R. Crawford         Edge                   Gagnon
Gambrell               George                 Goldfinch
Hardee                 Hardwick               Harrell
Hayes                  Henderson              Hiott
Hixon                  Limehouse              Loftis
Lowe                   Lucas                  D. C. Moss
Nanney                 Norman                 Pitts
Pope                   Riley                  Rivers
Ryhal                  Simrill                G. R. Smith
J. R. Smith            Sottile                Southard
Spires                 Stringer               Taylor
Vick                   Wells                  Willis

Total--42

Those who voted in the negative are:

Alexander              Allison                Anderson
Anthony                Atwater                Ballentine
Bingham                Branham                Brannon
G. A. Brown            R. L. Brown            Clyburn
Cobb-Hunter            Cole                   Crosby
Daning                 Douglas                Erickson
Felder                 Finlay                 Forrester
Funderburk             Gilliard               Govan
Hart                   Herbkersman            Horne
Hosey                  Howard                 Huggins
Jefferson              King                   Knight
Long                   Mack                   McCoy

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McEachern              M. S. McLeod           W. J. McLeod
Munnerlyn              Murphy                 Newton
R. L. Ott              Owens                  Parks
Patrick                Quinn                  Ridgeway
Robinson-Simpson       Rutherford             Sabb
Sandifer               Sellers                Skelton
G. M. Smith            J. E. Smith            Stavrinakis
Tallon                 Thayer                 Toole
Whipper                Whitmire               Williams
Wood

Total--64

So, the House refused to table the motion.

The question then recurred to the motion to recommit the Joint Resolution, which was agreed to.

H. 4603--MOTION TO RECONSIDER TABLED

Rep. J. E. SMITH moved to reconsider the vote whereby the following Joint Resolution was recommitted to the House Agriculture, Natural Resources, and Environmental Affairs Committee:

H. 4603 (Word version) -- Reps. Sottile, Harrell, Goldfinch, Crosby, McCoy, Erickson, Murphy, Stavrinakis, Bowen and Forrester: A JOINT RESOLUTION TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE OR APPROVE ORDERS ALLOWING SAND SCRAPING AND SANDBAGGING FOR THE PROTECTION OF GOLF COURSES.

Rep. COBB-HUNTER moved to table the motion to reconsider, which was agreed to.

H. 4997--NONCONCURRENCE IN SENATE AMENDMENTS

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

H. 4997 (Word version) -- Reps. Herbkersman, Bowers, Owens, Simrill, Branham, G. M. Smith, Burns, Alexander, Hiott, Whipper, Douglas, Allison, Limehouse, Lowe, George, Bales, R. L. Brown, Gagnon, Hayes, Hodges, Hosey, W. J. McLeod, Murphy, Sabb, Sandifer and Sellers: A


Printed Page 4347 . . . . . Wednesday, June 4, 2014

BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-15-415 SO AS TO PROVIDE THAT AN APPLICANT FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE ISSUED AFTER JANUARY 1, 2015, MUST COMPLETE PRELICENSING EDUCATION COURSES BEFORE HE MAY BE ISSUED A LICENSE, TO PROVIDE THAT CERTAIN EDUCATIONAL REQUIREMENTS MUST BE SATISFIED BEFORE A LICENSE MAY BE RENEWED, AND TO PROVIDE THAT A PERSON WHO PROVIDES EDUCATION COURSES MUST BE AFFILIATED WITH A NATIONAL OR STATE INDUSTRY TRADE ASSOCIATION; AND TO AMEND SECTIONS 56-15-430, 56-15-440, AND 56-15-450, RELATING TO THE NONAPPLICABILITY OF THE PROVISIONS THAT REGULATE NONFRANCHISE AUTOMOBILE DEALER PRELICENSING TO FRANCHISED AUTOMOBILE DEALERS, NONFRANCHISED AUTOMOBILE DEALERS OWNED AND OPERATED BY A FRANCHISED AUTOMOBILE DEALER, NONFRANCHISED AUTOMOBILE DEALERS WHOSE PRIMARY BUSINESS IS SALVAGE MOTOR VEHICLES, AND NONFRANCHISED AUTOMOBILE DEALERS WHOSE PRIMARY BUSINESS OBJECTIVE AND SUBSTANTIAL BUSINESS ACTIVITY IS IN THE RENTAL OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE PROVISIONS THAT REQUIRE AN APPLICANT FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE TO COMPLETE CERTAIN EDUCATION REQUIREMENTS ALSO DO NOT APPLY TO THESE AUTOMOBILE DEALERS.

Rep. DANING explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 0; Nays 109

Those who voted in the affirmative are:

Total--0

Those who voted in the negative are:

Alexander              Allison                Anderson
Anthony                Atwater                Ballentine
Barfield               Bedingfield            Bernstein

Printed Page 4348 . . . . . Wednesday, June 4, 2014

Bingham                Brannon                G. A. Brown
R. L. Brown            Burns                  Chumley
Clemmons               Clyburn                Cole
H. A. Crawford         K. R. Crawford         Crosby
Daning                 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                D. C. Moss             Munnerlyn
Murphy                 Nanney                 Newton
Norman                 R. L. Ott              Owens
Parks                  Patrick                Pitts
Pope                   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
Wells                  Whipper                White
Whitmire               Williams               Willis
Wood

Total--109

The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.


Printed Page 4349 . . . . . Wednesday, June 4, 2014

H. 5326--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 5326 (Word version) -- Reps. McCoy, Whipper, Stavrinakis and Harrell: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTURE OF CAMP ROAD AND DILLS BLUFF ROAD ON JAMES ISLAND IN CHARLESTON COUNTY "LEONARD BLANK INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THIS DESIGNATION.

The Concurrent Resolution was adopted and sent to the Senate.

S. 1354--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 1354 (Word version) -- Senator Johnson: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME FOURTH STREET IN THE TOWN OF SUMMERTON "B. O. BUTLER STREET" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS STREET THAT CONTAIN THIS DESIGNATION.

The Concurrent Resolution was adopted and sent to the Senate.

RECURRENCE TO THE MORNING HOUR

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

HOUSE RESOLUTION

The following was introduced:

H. 5364 (Word version) -- Rep. Henderson: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF CHIEF CHARLES N. FINDLAY OF GREENVILLE COUNTY, AND TO EXTEND THEIR DEEPEST


Printed Page 4350 . . . . . Wednesday, June 4, 2014

SYMPATHY TO HIS LARGE AND LOVING FAMILY AND HIS MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5365 (Word version) -- Rep. Hayes: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE LEGACY OF JAMES KNOX BRABOY IN HIS DEDICATION AND TENACITY AS AN AMERICAN INDIAN EDUCATOR AT LELAND GROVE ELEMENTARY SCHOOL IN DILLON FROM 1934 TO 1970.

The Resolution was adopted.

S. 986--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

On the motion of Rep. HARDWICK, the Senate Amendments to the following Bill were taken up for immediate consideration:

S. 986 (Word version) -- Senators Campsen and Young: A BILL TO AMEND SECTION 50-1-90 OF THE 1976 CODE, RELATING TO HUNTING, FISHING, OR TRAPPING WITHOUT CONSENT ON THE LAND OF OTHERS, TO INCREASE THE PENALTIES FOR THESE OFFENSES.

Rep. HARDWICK explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 102; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Atwater                Ballentine
Barfield               Bedingfield            Bernstein
Bingham                Brannon                G. A. Brown
R. L. Brown            Burns                  Chumley
Clemmons               Clyburn                Cole
H. A. Crawford         K. R. Crawford         Crosby
Daning                 Edge                   Erickson

Printed Page 4351 . . . . . Wednesday, June 4, 2014

Felder                 Finlay                 Forrester
Funderburk             Gagnon                 Gambrell
George                 Gilliard               Goldfinch
Govan                  Hamilton               Hardee
Hardwick               Harrell                Hart
Hayes                  Herbkersman            Hiott
Hixon                  Hodges                 Horne
Hosey                  Howard                 Huggins
Jefferson              King                   Knight
Limehouse              Loftis                 Long
Lowe                   Lucas                  Mack
McCoy                  M. S. McLeod           W. J. McLeod
Merrill                D. C. Moss             Munnerlyn
Murphy                 Nanney                 Norman
R. L. Ott              Parks                  Patrick
Pope                   Quinn                  Ridgeway
Riley                  Rivers                 Robinson-Simpson
Ryhal                  Sabb                   Sandifer
Sellers                Simrill                Skelton
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Southard
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Toole                  Vick                   Wells
Whipper                White                  Whitmire
Williams               Willis                 Wood

Total--102

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.


Printed Page 4352 . . . . . Wednesday, June 4, 2014

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote to concur with the Senate's amendments to S. 986. If I had been present, I would have voted to concur.

Rep. Wm. Weston J. Newton

H. 3644--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

On the motion of Rep. LOFTIS, the Senate Amendments to the following Bill were taken up for immediate consideration:

H. 3644 (Word version) -- Reps. Loftis, Gagnon, Herbkersman, Lowe, Lucas, D. C. Moss, H. L. Ott, Pitts, Toole and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 13-1-390 SO AS TO ESTABLISH WITHIN THE DIVISION OF STATE DEVELOPMENT OF THE DEPARTMENT OF COMMERCE THE CLEAN ENERGY INDUSTRY MARKET DEVELOPMENT ADVISORY COUNCIL AND PROVIDE FOR ITS MEMBERSHIP AND FUNCTIONS; TO AMEND SECTION 12-6-3588, RELATING TO THE RENEWABLE ENERGY TAX CREDIT INCENTIVE PROGRAM, SO AS TO REDESIGNATE THE PROGRAM THE SOUTH CAROLINA CLEAN ENERGY TAX INCENTIVE PROGRAM, TO REVISE DEFINITIONS TO EXTEND THE CREDIT TO ADDITIONAL FORMS OF ENERGY PRODUCTION AND OPERATIONS, TO DECREASE INVESTMENT THRESHOLDS AND DECREASE JOB CREATION THRESHOLDS FOR QUALIFYING FOR THE CREDIT AND MAKE THE CREDIT, PREVIOUSLY DUE TO EXPIRE DECEMBER 31, 2015, AVAILABLE THROUGH 2019 AND TO REVISE CREDIT ADMINISTRATION PROCEDURES; AND TO AMEND SECTION 12-6-3600, AS AMENDED, RELATING TO THE INCOME TAX CREDIT FOR CORN-BASED ETHANOL OR SOY-BASED BIODIESEL PRODUCTION IN THIS STATE, SO AS TO EXTEND THE CREDIT TO ALL LIQUID FUELS DERIVED FROM RENEWABLE SOURCES, MAKE CONFORMING DEFINITIONS, REDUCE THE AMOUNT OF LIQUID FUEL ELIGIBLE FOR THE CREDIT, AND TO EXTEND THE PERIOD DURING WHICH THE CREDIT MAY BE CLAIMED THROUGH 2019.

Rep. LOFTIS explained the Senate Amendments.


Printed Page 4353 . . . . . Wednesday, June 4, 2014

The yeas and nays were taken resulting as follows:

Yeas 78; Nays 18

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Ballentine             Barfield               Bernstein
Bingham                R. L. Brown            Burns
Clyburn                Cole                   H. A. Crawford
K. R. Crawford         Crosby                 Daning
Edge                   Erickson               Finlay
Forrester              Funderburk             Gagnon
George                 Gilliard               Goldfinch
Govan                  Hardee                 Harrell
Hart                   Hayes                  Henderson
Hiott                  Hodges                 Horne
Hosey                  Howard                 Huggins
Jefferson              King                   Knight
Limehouse              Loftis                 Long
Lucas                  Mack                   McCoy
McEachern              W. J. McLeod           Merrill
Munnerlyn              Murphy                 Owens
Patrick                Pope                   Ridgeway
Riley                  Robinson-Simpson       Ryhal
Sabb                   Sandifer               Sellers
Simrill                G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Vick
Wells                  Whipper                White
Whitmire               Williams               Wood

Total--78

Those who voted in the negative are:

Atwater                Bedingfield            Brannon
Chumley                Douglas                Felder
Hamilton               D. C. Moss             Nanney
Newton                 Norman                 Quinn

Printed Page 4354 . . . . . Wednesday, June 4, 2014

Rivers                 Skelton                Southard
Thayer                 Toole                  Willis

Total--18

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.

H. 4354--NONCONCURRENCE IN SENATE AMENDMENTS

On the motion of Rep. HORNE, the Senate Amendments to the following Bill were taken up for immediate consideration:

H. 4354 (Word version) -- Reps. Harrell, Cobb-Hunter, G. M. Smith, Long, Douglas, Felder, R. L. Brown and Goldfinch: A BILL TO AMEND SECTION 44-115-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A PATIENT TO RECEIVE A COPY OF HIS MEDICAL RECORD OR HAVE IT TRANSFERRED TO ANOTHER PHYSICIAN, SO AS TO PROVIDE THE PATIENT MAY CHOOSE TO RECEIVE THE RECORD EITHER AS A PHOTOCOPY REPRODUCTION OR IN AN ELECTRONIC FORMAT STORED ON DIGITAL MEDIA; AND TO AMEND SECTION 44-115-80, RELATING TO FEES PHYSICIANS MAY CHARGE TO SEARCH AND DUPLICATE A MEDICAL RECORD, SO AS TO SPECIFY WHAT FEES MAY BE CHARGED FOR A PHOTOCOPY REPRODUCTION AND FOR AN ELECTRONIC REPRODUCTION, AND TO PROVIDE AN EXEMPTION FROM FEES FOR REPRODUCTIONS REQUESTED TO SATISFY A REQUIREMENT OF AN INSURER OR GOVERNMENTAL ENTITY THAT PROVIDES BENEFITS RELATED TO THE MEDICAL NEEDS OF THE PATIENT.

Rep. HORNE explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 0; Nays 104

Those who voted in the affirmative are:

Total--0


Printed Page 4355 . . . . . Wednesday, June 4, 2014

Those who voted in the negative are:

Allison                Anderson               Anthony
Atwater                Ballentine             Barfield
Bedingfield            Bernstein              Bingham
Brannon                R. L. Brown            Burns
Chumley                Clemmons               Clyburn
Cole                   H. A. Crawford         K. R. Crawford
Crosby                 Douglas                Edge
Erickson               Felder                 Finlay
Forrester              Funderburk             Gagnon
Gambrell               George                 Gilliard
Goldfinch              Hamilton               Hardee
Hardwick               Harrell                Hart
Henderson              Herbkersman            Hiott
Hixon                  Hodges                 Horne
Hosey                  Howard                 Huggins
Jefferson              King                   Knight
Limehouse              Loftis                 Long
Lowe                   Lucas                  Mack
McCoy                  McEachern              M. S. McLeod
W. J. McLeod           Merrill                Mitchell
D. C. Moss             Munnerlyn              Murphy
Nanney                 Newton                 Norman
R. L. Ott              Owens                  Parks
Patrick                Pitts                  Pope
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                   Wells                  Whipper
White                  Whitmire               Williams
Willis                 Wood

Total--104

The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.


Printed Page 4356 . . . . . Wednesday, June 4, 2014

S. 375--RECALLED FROM COMMITTEE ON JUDICIARY

On motion of Rep. BRANNON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:

S. 375 (Word version) -- Senators Hutto, L. Martin, Johnson and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 38 TO TITLE 6 SO AS TO ENACT THE "DILAPIDATED BUILDINGS ACT", TO PROVIDE DEFINITIONS, TO PROVIDE THAT A MUNICIPALITY MAY BRING A CAUSE OF ACTION AGAINST THE OWNER OF PROPERTY NOT IN SUBSTANTIAL COMPLIANCE WITH CERTAIN MUNICIPAL ORDINANCES, TO IDENTIFY WHO MAY SERVE AS A COURT-APPOINTED RECEIVER FOR PROPERTY SUBJECT TO THIS CAUSE OF ACTION, TO DESIGNATE THE POWERS OF A COURT-APPOINTED RECEIVER, TO ESTABLISH REPORTING REQUIREMENTS OF THE MUNICIPALITY CONCERNING A VIOLATION AGAINST WHICH THE MUNICIPALITY MAY BRING A CAUSE OF ACTION UNDER THIS ACT, AND TO PROVIDE CERTAIN REMEDIES AND PROCEDURES.

H. 4701--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 4701 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2014, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.

Reps. WHITE, BINGHAM, HERBKERSMAN, MERRILL, M.A. PITTS, SIMRILL, G. M. SMITH, and J. R. SMITH proposed the following Amendment No. 1A (Doc Name h:\legwork\house\amend\h-wm\001\hou2 base amendment.docx), which was adopted:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 5, line 2, opposite /CDEPP/ by decreasing the amount(s) in Columns 5 and 6 by:


Printed Page 4357 . . . . . Wednesday, June 4, 2014

Column 5   Column 6

2,047,878   2,047,878
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 8, line 14, opposite /Alloc EIA-Teacher SLRS/ by increasing the amount(s) in Column 5 by:

Column 5   Column 6

1,883,731
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 11, immediately after line 1, by inserting a new line to read:

Column 5   Column 6
BabyNet Autism
Therapy   437,476
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, line 16, opposite /CDDEP - SCDE/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

3,803,202   3,803,202
Amend the bill further, as and if amended, PART IA, Section 3, LOTTERY EXPENDITURE ACCOUNT, page 16, line 3, opposite /Lottery Expenditures/ by increasing the amount in Column 5 by:

Column 5   Column 6

10,000,000
Amend the bill further, as and if amended, PART IA, Section 3, LOTTERY EXPENDITURE ACCOUNT, page 16, line 4, opposite /Unclaimed Prizes/ by decreasing the amount in Column 5 by:

Column 5   Column 6

2,000,000
Amend the bill further, as and if amended, PART IA, Section 11, COMMISSION ON HIGHER EDUCATION, page 38, line 7, opposite /LIFE Scholarships/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

8,000,000   8,000,000
Amend the bill further, as and if amended, PART IA, Section 11, COMMISSION ON HIGHER EDUCATION, page 38, lines 15-16 opposite /Out-of-State Veteran Supplement/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

1,500,000   1,500,000
Amend the bill further, as and if amended, PART IA, Section 14,


Printed Page 4358 . . . . . Wednesday, June 4, 2014

CLEMSON UNIVERSITY (EDUCATION AND GENERAL), page 43, line 18, opposite /Other Personal Services/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

200,000   200,000
Amend the bill further, as and if amended, PART IA, Section 17, FRANCIS MARION UNIVERSITY, page 50, line 8, opposite /Unclassified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

143,000   143,000
Amend the bill further, as and if amended, PART IA, Section 20A, UNIVERSITY OF SOUTH CAROLINA, page 56, line 17, opposite /On Your Time/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

200,000   200,000
Amend the bill further, as and if amended, PART IA, Section 20G, USC - SUMTER CAMPUS, page 70, line 11, opposite /Other Operating Expenses/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

136,002   136,002
Amend the bill further, as and if amended, PART IA, Section 23, MEDICAL UNIVERSITY OF SOUTH CAROLINA, page 76, line 31, opposite /Other Operating Expenses/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

700,000   700,000
Amend the bill further, as and if amended, PART IA, Section 25, TECHNICAL & COMPREHENSIVE EDUCATION BD, page 85, lines 8-27, by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6
Aiken Tech - E&G STEM     99,778   99,778
Central Carolina Tech - E&G STEM     139,872   139,872
Denmark Tech - E&G STEM     73,155   73,155
Florence-Darlington Tech - E&G STEM   157,416   157,416
Greenville Tech - E&G STEM   325,710   325,710
Horry-Georgetown Tech - E&G STEM   203,007   203,007
Midlands Tech - E&G STEM   316,134   316,134
Northeastern Tech - E&G STEM   86,272   86,272
Orangeburg-Calhoun Tech - E&G STEM   99,634   99,634


Printed Page 4359 . . . . . Wednesday, June 4, 2014

Piedmont Tech - E&G STEM     181,226   181,226
Spartanburg CC - E&G STEM     199,281   199,281
TCLC Tech - E&G STEM     101,141   101,141
Tri-County Tech - E&G STEM     168,482   168,482
Trident Tech - E&G STEM     423,768   423,768
Williamsburg Tech - E&G STEM     69,672   69,672
York Tech - E&G STEM     145,719   145,719
Amend the bill further, as and if amended, PART IA, Section 25, TECHNICAL & COMPREHENSIVE EDUCATION BD, page 87, immediately after line 3, by inserting a new line to read:

Column 5   Column 6
E&G STEM Programs: Critical Needs
Workforce Development Initiative   2,500,000   2,500,000
Amend the bill further, as and if amended, PART IA, Section 27, STATE LIBRARY, page 91, line 28, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

111,064   111,064
Amend the bill further, as and if amended, Part IA, Section 34, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 105, lines 5-6, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

67,500   67,500

(1.00)   (1.00)
Amend the bill further, as and if amended, Part IA, Section 34, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 108, immediately after line 38, by inserting a new line to read:

Column 5   Column 6
Abstinence Until Marriage
Emerging Programs   100,000   100,000
Amend the bill further, as and if amended, Part IA, Section 34, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 112, lines 12-13, opposite /Classified Positions/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

1,376,569   1,187,333

(9.74)   (6.83)
Amend the bill further, as and if amended, Part IA, Section 34, DEPARTMENT OF HEALTH AND ENVIRONMENTAL


Printed Page 4360 . . . . . Wednesday, June 4, 2014

CONTROL, page 112, lines 14-15, opposite /Unclassified Positions/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

117,743   117,743

(1.00)   (1.00)
Amend the bill further, as and if amended, Section 34, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 112, immediately after line 15, by inserting a new line to read:

Column 5   Column 6
Other Personal Services   15,643   8,818
Amend the bill further, as and if amended, Section 34, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 112, immediately after line 17, by inserting a new line to read:

Column 5   Column 6
Other Operating Expenses   249,960   128,677
Amend the bill further, as and if amended, Part IA, Section 34, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 114, line 27, opposite /Employer Contributions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

21,600   21,600
Amend the bill further, as and if amended, Part IA, Section 45, CLEMSON UNIV (PUBLIC SERVICE ACTIVITIES), page 157, lines 28-33, by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6
Research Associate   45,000   45,000

(1.00)   (1.00)
Scientist   90,000   90,000

(1.00)   (1.00)
Extension Associate   90,000   90,000

(1.00)   (1.00)
Amend the bill further, as and if amended, Part IA, Section 45, CLEMSON UNIV (PUBLIC SERVICE ACTIVITIES), page 157, line 37, opposite /Other Operating Expenses/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

125,300   125,300
Amend the bill further, as and if amended, Part IA, Section 45, CLEMSON UNIV (PUBLIC SERVICE ACTIVITIES, page 158, lines


Printed Page 4361 . . . . . Wednesday, June 4, 2014

11-14, by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6
Extension Associate   180,000   180,000

(2.00)   (2.00)
Extension Agent   45,000   45,000

(1.00)   (1.00)
Amend the bill further, as and if amended, Part IA, Section 45, CLEMSON UNIV (PUBLIC SERVICE ACTIVITIES, page 158, line 18, opposite /Other Operating Expenses/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

56,900   56,900
Amend the bill further, as and if amended, Part IA, Section 45, CLEMSON UNIV (PUBLIC SERVICE ACTIVITIES, page 158, line 25, opposite /Employer Contributions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

231,600   231,600
Amend the bill further, as and if amended, Part IA, Section 47, DEPARTMENT OF NATURAL RESOURCES, page 161, lines 5-6, opposite /Classified Positions/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

67,500   67,500

(1.00)   (1.00)
Amend the bill further, as and if amended, Part IA, Section 47, DEPARTMENT OF NATURAL RESOURCES, page 170, line 6, opposite /Employer Contributions/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

21,600   21,600
Amend the bill further, as and if amended, Part IA, Section 49, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 172, line 27, opposite /Undiscovered South Carolina/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

500,000   500,000
Amend the bill further, as and if amended, Section 53, S.C. CONSERVATION BANK, page 184, lines 6-7, opposite /Program Manager I/ by decreasing the amount(s) in Column 5 by:


Printed Page 4362 . . . . . Wednesday, June 4, 2014

Column 5   Column 6

(1.00)
Amend the bill further, as and if amended, Section 53, S.C. CONSERVATION BANK, page 184, line 12, opposite /Conservation Bank Trust/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

3,096,970
Amend the bill further, as and if amended, Section 54, RURAL INFRASTRUCTURE AUTHORITY, page 185, line 17, opposite /Rural Infrastructure Fund/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

2,625,000   2,625,000
Amend the bill further, as and if amended, Part IA, Section 59, ATTORNEY GENERAL'S OFFICE, page 193, lines 8-9, opposite /Attorney II/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

170,400   170,400

(3.00)   (3.00)
Amend the bill further, as and if amended, Part IA, Section 59, ATTORNEY GENERAL'S OFFICE, page 193, lines 14-17, opposite /Administrative Coordinator II/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

40,000   40,000

(1.00)   (1.00)
Amend the bill further, as and if amended, Part IA, Section 59, ATTORNEY GENERAL'S OFFICE, page 193, lines 18-19, opposite /Program Coordinator II/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

38,000   38,000

(1.00)   (1.00)
Amend the bill further, as and if amended, Part IA, Section 59, ATTORNEY GENERAL'S OFFICE, page 194, line 6, opposite /Employer Contributions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

100,000   100,000
Amend the bill further, as and if amended, Part IA, Section 63, DEPARTMENT OF PUBLIC SAFETY, page 204, line 28, opposite


Printed Page 4363 . . . . . Wednesday, June 4, 2014

/Other Operating Expenses/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

327,000   327,000
Amend the bill further, as and if amended, Part IA, Section 63, DEPARTMENT OF PUBLIC SAFETY, page 206, immediately after line 7, by inserting new lines to read:

Column 5   Column 6
Special Item:
Local Law Enforcement Grants   300,000   300,000
Amend the bill further, as and if amended, Part IA, Section 95, SECRETARY OF STATE, page 283, lines 8-9, opposite /Program Coordinator I/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

31,182   31,182

(1.00)   (1.00)
Amend the bill further, as and if amended, Part IA, Section 95, SECRETARY OF STATE, page 283, immediately after line 9, by inserting a new line to read:

Column 5   Column 6
Administrative Assistant   25,627   25,627

(1.00)   (1.00)
Amend the bill further, as and if amended, Part IA, Section 95, SECRETARY OF STATE, page 283, line 20, opposite /Employer Contributions/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

18,783   18,783
Amend the bill further, as and if amended, Part IA, Section 96, COMPTROLLER GENERAL'S OFFICE, page 285, line 5, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

2,000   2,000
Amend the bill further, as and if amended, Part IA, Section 96, COMPTROLLER GENERAL'S OFFICE, page 285, line 20, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

5,000   5,000
Amend the bill further, as and if amended, Part IA, Section 96, COMPTROLLER GENERAL'S OFFICE, page 285, line 34, opposite


Printed Page 4364 . . . . . Wednesday, June 4, 2014

/Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

15,000   15,000
Amend the bill further, as and if amended, Part IA, Section 96, COMPTROLLER GENERAL'S OFFICE, page 286, line 1, opposite /Other Operating Expenses/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

10,000   10,000
Amend the bill further, as and if amended, Part IA, Section 96, COMPTROLLER GENERAL'S OFFICE, page 286, line 21, opposite /Classified Positions/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

18,000   18,000
Amend the bill further, as and if amended, Part IA, Section 98, RETIREMENT SYSTEM INVESTMENT COMMISSION, page 290, line 3, opposite /Unclassified Positions/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

620,000
Amend the bill further, as and if amended, Part IA, Section 98, RETIREMENT SYSTEM INVESTMENT COMMISSION, page 290, lines 8-9, opposite /Senior Investment Officer/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

110,000

(1.00)
Amend the bill further, as and if amended, Part IA, Section 98, RETIREMENT SYSTEM INVESTMENT COMMISSION, page 290, lines 10-11, opposite /Investment Officer/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

140,000

(2.00)
Amend the bill further, as and if amended, Part IA, Section 98, RETIREMENT SYSTEM INVESTMENT COMMISSION, page 290, line 24, opposite /Employer Contributions/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6


Printed Page 4365 . . . . . Wednesday, June 4, 2014

80,000
Amend the bill further, as and if amended, Part IA, Section 103, B & C - Employee Benefits, page 313, line 20, opposite /Employee Pay Plan/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

7,650,00   7,650,000
Amend the bill further, as and if amended, Part IA, Section 109, DEBT SERVICE, page 322, lines 7-8, opposite /State School Facilities Bonds/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

2,826,366   2,826,366
Amend the bill further, as and if amended, Part IA, Section 110, AID TO SUBDIVISIONS - STATE TREASURER, page 323, line 3, opposite /Aid - Local Gov't Fund/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

2,040,000   2,040,000
Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 353, paragraph 1.78 (Child Development Education Pilot Program), line 32, by striking /68.4%/ and inserting /70%/
Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 358, paragraph 1.79 (Summer Reading Camps), line 29, by striking /local Boys and Girls Clubs or other/
Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 360, paragraph 1.80 (Educational Credit for Exceptional Needs Children), line 20, after /(e) does not have as a/ by inserting /volunteer, contractor, consultant, fundraiser or/;
page 360, line 24, by striking /any person/ and inserting /or an employee, volunteer, contractor, consultant or fundraiser/;
page 360, line 25, by striking /./ and inserting /;/
page 360, after line 25 by inserting
/(g) does not release personally identifiable information pertaining to students or donors or use information collected about donors, students or schools for financial gain; and
(h) must not place conditions on schools enrolling students receiving scholarships to limit the ability of the schools to enroll students accepting grants from other nonprofit scholarship funding organizations./;


Printed Page 4366 . . . . . Wednesday, June 4, 2014

page 362, line 31, by inserting at the end /The audit must also document, at a minimum, the total number of grants awarded, the total amount of each grant, and the names of the eligible schools receiving grants on behalf of the eligible students./;
page 362, after line 35, by inserting
/       (3) A nonprofit scholarship funding organization may transfer funds to another nonprofit scholarship funding organization, especially in the event that the organization cannot distribute the funds in a timely manner or if the organization ceases to exist. None of the funds that are transferred by one nonprofit scholarship funding organization to another may be considered by the former organization when calculating its administrative expenses./
Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 365, paragraph 1.87 (Alternative Fuel Transportation), lines 29, 30, 32, 33 after /alternative fuel/ by inserting /or dual fuel/;
page 365, line 35 and page 366, line 2, after /fuel/ and before /buses/ by inserting /or dual fuel/
Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 368, paragraph 1.91 (Sports Participation), line 1, by striking /DELETED/ and inserting / Any school receiving state funds shall be required to allow a military dependent student who has transferred from their resident school district to another school district to participate in a sport that was not offered in the resident school district. Should a school fail to comply with this provision, the Department of Education shall withhold one percent of their total state allocation. /
Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 380, paragraph 1A.33 (Child Development Education Pilot Program), line 36, by striking /68.4%/ and inserting /70%/
Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 393, paragraph 1A.67 (Carry Forward), line 36, by striking / 3. Arts in Education Curriculum - $300,000 /
Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 394, paragraph 1A.67 (Carry Forward), line 3, after /materials./ by inserting /If funds are available, districts may make application to the Department of Education to utilize funds for the Technology/Device Pilot as described herein./


Printed Page 4367 . . . . . Wednesday, June 4, 2014

Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 395, after line 9, by adding an appropriately numbered paragraph to read:
/ (SDE-EIA: CDEPP Student Information and Reporting) For the current fiscal year, the Department of Education and the Office of First Steps to School Readiness must acquire unique student identifiers or SUNS numbers for each student enrolled in the CDEPP program no later than the 45th day and must provide a report of such to the House Ways and Means Committee, the House Education Committee, the Senate Finance Committee, the Senate Education Committee and the Education Oversight Committee by November 1. The Department of Education and the Office of First Steps to School readiness must provide any information required by the Education Oversight Committee for the annual CDEPP report no later than November 30. /
Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 395, after line 9, by adding an appropriately numbered paragraph to read:
/ (SDE-EIA: Prekindergarten and Kindergarten Assessments) For the current fiscal year, all students entering a publicly funded prekindergarten or public kindergarten must be administered a readiness assessment that shall focus on early language and literacy development no later than the forty fifth day of the school year. The readiness assessment must be approved by the State Board of Education. The approved readiness assessment must be aligned with kindergarten and first grade standards for English/language arts and mathematics. The results of the assessment and the developmental intervention strategies recommended or services needed to address the child's identified needs must be provided, in writing, to the parent or guardian. The readiness assessment may not be used to deny a student admission or to progress to kindergarten or first grade.

The Education Oversight Committee shall recommend the characteristics of the readiness assessment for children in prekindergarten and kindergarten, focused on early language and literacy development, to the State Board of Education no later than July 30. Prior to submitting the recommendation to the State Board, the Education Oversight Committee shall seek input from the South Carolina First Steps to School Readiness Board of Trustees and other early childhood advocates. The State Board must move expeditiously to approve or modify the criteria submitted by the committee. Once approved, with the assistance of the Education Oversight Committee, the board shall develop a solicitation to be used in procuring the


Printed Page 4368 . . . . . Wednesday, June 4, 2014

assessment. The solicitation must be forwarded to the Executive Director of the Budget and Control Board who must immediately move to procure the readiness assessment in order to meet the forty-five day requirement. The Executive Director is authorized to make changes to the solicitation with the consent of the Chairman of the State Board of Education and the Chairman of the Education Oversight Committee. The Department of Education must bear the costs of the procurement. /
Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 395, after line 9, by adding an appropriately numbered paragraph to read:
/ (SDE-EIA: BabyNet Early Intervention Autism Therapy) The $437,476 in funds appropriated in this Act to the Office of First Steps to School Readiness for BabyNet Autism Therapy must be used only to increase the BabyNet autism therapy provider hourly rate and the individual hourly pay of line therapists during the current fiscal year. The Office of First Steps must consult with the Department of Disabilities and Special Needs regarding the implementation of these increases. The Office of First Steps must ensure that, prior to payment, these line therapists meet all current state requirements. It is the intent of the General Assembly that these monies be used soley for the purpose of increasing the BabyNet autism therapy provider rate to $13.58 per hour and the hourly pay to individual line therapists being increased to a minimum of $10.00 per hour. Quarterly, the Office of First Steps must send a letter to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee reporting on their compliance with the requirements of this proviso. The report must include information regarding the expenditure of state funds as well as the receipt and expenditure of Federal Medicaid funds associated with the program. /
Amend the bill further, as and if amended, Part IB, Section 3, LOTTERY EXPENDITURE ACCOUNT, page 399, paragraph 3.5 (FY 2014-15 Lottery Funding), line 4, item (1) CHE & Tec Bd--Tuition Assistance, by striking /$45,400,000/ and inserting /$47,400,000/;
page 399, line 5, item (2) CHE--LIFE Scholarships, by striking /$132,824,027/ and inserting /$140,824,027/;
page 400, line 11, item (4) CHE & Tec Bd--Tuition Assistance, by striking /$3,700,000/ and inserting /$1,700,000/;
page 400, line 32, item (2) CHE--Technology, by striking /$5,158,670/ and inserting /$5,558,670/;
page 400, line 36 and page 401, line 1, item (6) St Bd for Tec &


Printed Page 4369 . . . . . Wednesday, June 4, 2014

Comp Ed--Horry-Georgetown Tec-Culinary Arts Program $400,000, by striking the lines in their entirety;
page 402, line 8, item (3) CHE--Technology, by striking /$2,714,741/ and inserting /1,400,000/;
page 402, lines 12-13, item (6) St Bd for Tec & Comp Ed--Horry-Georgetown Tec-Culinary Arts Program $500,000, by striking the lines in their entirety;
page 402, line 17, item (7) CHE--ACSI-Maintenance and Improvement in Classroom, Library, Laboratory, or Other Institutional Facilities, by striking /$50,000/ and inserting /$150,000/;
page 402, line 21, item (8) CHE--TRACS-Maintenance and Improvement in Classroom, Library, Laboratory, or Other Institutional Facilities, by striking /$50,000/ and inserting /$150,000/;
page 402, line 26, item (9) CHE--SACS-Support for Memorial Professorships, by striking /$50,000/ and inserting /$150,000/
Amend the bill further, as and if amended, Part IB, Section 7, JOHN DE LA HOWE SCHOOL, page 406, paragraph 7.5, lines 26-35, by striking the lines in their entirety and inserting
/   7.5.   (JDLHS: Administration) (A) In the current fiscal year, the Superintendent of Education shall appoint a Chief Operating Officer to provide on-site programmatic and administrative technical assistance to the School. The appointment shall be confirmed by the State Board of Education. This officer shall also advise and provide regular updates to the School's board of trustees. In the event that the board of trustees has not, by August 15 of the current fiscal year, filled the existing vacancy by electing a Superintendent pursuant to Section 59-49-80 of the 1976 Code, the Chief Operating Officer shall also serve as interim Superintendent until a Superintendent is chosen by the Board. The Chief Operating Officer's service may alternately be concluded upon the Superintendent of Education's certification that the report or reports submitted pursuant to subsection (B) demonstrate that the School is making adequate progress in serving its students' educational and therapeutic needs. The Budget and Control Board, and where appropriate, the Executive Budget Office, shall provide technical assistance that is requested by the Chief Operating Officer to satisfy the requirements of this proviso.

(B)   To ensure that the John de la Howe School successfully fulfills its mission of providing educational and therapeutic services to children who require that support away from their homes, its board of trustees shall submit a plan to the Governor, the Superintendent of Education, the Chairman of the House Ways and Means Committee,


Printed Page 4370 . . . . . Wednesday, June 4, 2014

and the Chairman of the Senate Finance Committee no later than October 1, 2014 that:

(1)   Specifically addresses each of the findings and issues identified by the Inspector General in his January 2014 report on the School and explains how the School intends to resolve these matters;

(2)   Is developed after consulting with the Department of Juvenile Justice, Department of Education, Department of Social Services, the Department of Mental Health and any other state social or behavioral services agency on the current state of best therapeutic practices, which must be reflected in the submitted plan;

(3)   Assesses the School's current administrative practices relating to budgeting and finance, technology, real estate and facilities management, procurement, and other related subjects and describes the School's plans to improve these practices, which shall be developed with the support of the Budget and Control Board, and if appropriate, the Executive Budget Office. Included in the assessment must be a comparison of the costs of administrative transactions at the School compared to similar costs per transaction if administered by the Budget and Control Board. Further, the assessment must compare costs for technology and facilities management compared to securing a private company to provide these services; and

(4)   Explains how the School's budget request for the 2015-16 fiscal year effectuates the School's strategy to implement the plan.

The School shall submit quarterly progress reports thereafter. Nothing in this proviso shall be construed as to change the School's mission or its responsibility for providing high-quality educational and therapeutic services to the students it supports./
Amend the bill further, as and if amended, Part IB, Section 11, COMMISSION ON HIGHER EDUCATION, page 409, paragraph 11.21 (SmartState Draw Down), lines 32-36, and page 410, lines 1-2, by striking the proviso in its entirety.
Amend the bill further, as and if amended, Part IB, Section 11, COMMISSION ON HIGHER EDUCATION, page 410, paragraph 11.23 (Out-of-State Veteran Supplement), lines 19-24, by striking the proviso in its entirety.
Amend the bill further, as and if amended, Part IB, Section 19, SOUTH CAROLINA STATE UNIVERSITY, page 411, paragraph 19.2 (Blue Ribbon Advisory Committee), line 19, by striking the line in its entirety and inserting:
/ recruitment and retention of students. The Blue Ribbon Advisory Committee shall appoint a working group and their appointment shall


Printed Page 4371 . . . . . Wednesday, June 4, 2014

be ratified by the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee. The working group shall assist the advisory committee in the development of the budgetary plan. The advisory committee shall select one person with experience from each of the following functional disciplines within higher education to comprise the working group: Finance, Procurement, Human Resources, Athletic Administration, and University Foundation Administration. The advisory committee may also add persons to the working group from other disciplines as it determines necessary, including a person with expertise in the mission and administration of Historically Black Colleges and Universities. Each person chosen to participate in the working group may secure analytical support from the institution they serve in their full time capacity, if applicable. Additionally, the working group shall provide monthly briefings to the members of the Orangeburg County Legislative Delegation, and shall provide periodic progress reports regarding the development of the budgetary plan to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee, at their request. Upon approval of the budgetary plan by the board and the advisory committee, the university is /
Amend the bill further, as and if amended, Part IB, Section 25, STATE BOARD FOR TECHNICAL & COMPREHENSIVE EDUCATION, page 414, paragraph 25.6 (Critical Statewide Workforce Needs), lines 7-12 by striking the paragraph in its entirety and inserting:
/ 25.6.   (TEC: Critical Statewide Workforce Needs) Of the funds appropriated in this act to the State Board for Technical and Comprehensive Education for E&G STEM Programs: Critical Needs Workforce Development Initiative, the State Board must allocate the funds between the colleges based on a methodology designed to best meet the state's workforce needs and demands. This methodology should be created by the State Board in consultation with the Department of Commerce and the Department of Employment and Workforce and should identify the areas with the most critical need. For this purpose, critical need shall be defined as unmet employment demand in areas or fields of Science, Technology, Engineering, Mathematics, and Manufacturing . Funds must be used by the college for STEM programs. /
Amend the bill further, as and if amended, Part IB, Section 33, DEPARTMENT OF HEALTH & HUMAN SERVICES, page 423,


Printed Page 4372 . . . . . Wednesday, June 4, 2014

paragraph 33.26 (Medicaid Accountability and Quality Improvement Initiative), lines 30-31, by striking the lines in their entirety and inserting:
/   (3)   during the current fiscal year the department shall allocate $4,000,000 to the contract with the MUSC Hospital Authority for telemedicine in the amount of $14,000,000 to lead the development and operation of an open access South Carolina Telemedicine Network. Working with the department, the MUSC Hospital Authority shall collaborate with Palmetto Care Connections to pursue this goal. No less than $2,000,000 of these funds shall be allocated toward support of Palmetto Care Connections and other hospitals in South Carolina. MUSC Hospital Authority must provide the department with quarterly reports regarding the funds allocation and progress of telemedicine transformation efforts and networks. MUSC Hospital Authority shall publish a summary report to the General Assembly indicating the overall progress of the state's telemedicine transformation by March 1, 2015. In addition, the department shall also contract with the MUSC Hospital Authority in the amount of $1,000,000 to further develop statewide teaching partnerships. /
Amend the bill further, as and if amended, Part IB, Section 33, DEPARTMENT OF HEALTH & HUMAN SERVICES, page 424, paragraph 33.32 (In-State Medicaid Providers Lab Services), lines 34-36, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 33, DEPARTMENT OF HEALTH & HUMAN SERVICES, page 424, after line 36, by adding an appropriately numbered paragraph to read:
/ (DHHS: Hospital Transformation Plans) The Department of Health and Human Services shall develop and manage a program to help qualifying hospitals transition to more sustainable models of service delivery that meet the needs of their community and reduce reliance on inpatient admissions, surgery or high-tech diagnostics. This includes encouraging new long-term partnerships between rural hospitals and community, tertiary and teaching facilities to ensure seamless, timely and high quality clinical care for patients in rural areas of the state. Notwithstanding the provisions in its existing regulations, for the current fiscal year, the Department of Health and Environmental Control, may in its discretion, make exceptions to applicable licensing standards and regulations where it is determined that the exception will assist in the successful implementation and operation of the plans developed by the Department of Health and Human Services pursuant to this provision; the health, safety, and well-


Printed Page 4373 . . . . . Wednesday, June 4, 2014

being of the community will not be compromised by the exception; and provdied that the standard is not specifically required by statute. The program shall provide funding that fully or partially offsets the one-time costs of these transitions. The department shall develop the methodology for funding award amounts and distribution and may prioritize funding to target hotspots of poor health and/or limited health care access. Total state funds available statewide for transition funding shall not exceed $15,000,000 and the department shall leverage federal funds or other funding mechanisms to maximize resources as appropriate and approved by CMS. The department shall provide reports detailing progress on transformation efforts to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee by January 1, 2015 and by June 1, 2015. /
Amend the bill further, as and if amended, Part IB, Section 33, DEPARTMENT OF HEALTH & HUMAN SERVICES, page 424, after line 36, by adding an appropriately numbered paragraph to read:
/ (DHHS: Armed Services Home and Community-Based Waiver) In administering home and community-based waiver programs, the department shall, to the extent possible, maintain the waiver status of an eligible family member of a member of the armed services who maintains his South Carolina state residence, regardless of where the service member is stationed. Consequently, a person on a waiver waiting list would return to the same place on the waiting list when the family returns to South Carolina. Furthermore, the eligible family member previously enrolled in a waiver program and who received active services would be reinstated into the waiver program once Medicaid eligibility is established, upon their return to South Carolina. It is not the intent of this provision to authorize services provided outside the South Carolina Medicaid Service Area. These provisions are contingent upon the department receiving federal approval. /
Amend the bill further, as and if amended, Part IB, Section 33, DEPARTMENT OF HEALTH & HUMAN SERVICES, page 424, after line 36, by adding an appropriately numbered paragraph to read:
/   (DHHS: Child Support Enforcement System) The department shall transfer up to three million dollars to the Department of Social Services for the development of the Child Support Enforcement System. These funds cannot be used to pay any litigation cost associated with the development of this system. /
Amend the bill further, as and if amended, Part IB, Section 34, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL,


Printed Page 4374 . . . . . Wednesday, June 4, 2014

page 429, paragraph 34.25 (Health Facility Monetary Penalties), line 5, by inserting at the end of the line:
/ Regulations for nursing home staffing for Fiscal Year 2014-15 must (1) provide a minimum of one and sixty-three hundredths (1.63) hours of direct care per resident per day from the non-licensed nursing staff; and (2) maintain at least one licensed nurse per shift for each staff work area. All other staffing standards and nonstaffing standards established in Standards for Licensing Nursing Homes: R61-17, Code of State Regulations, must be enforced. /
Amend the bill further, as and if amended, Part IB, Section 34, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 432, paragraph 34.45 (Residential Treatment Facilities Swing Beds), line 15, by striking /10 beds/ and inserting /18 beds/
Amend the bill further, as and if amended, Part IB, Section 34, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 433, paragraph 34.49 (Abstinence-Until-Marriage Emerging Programs), line 20, by striking / DELETED/ and inserting:
/ (A) From the funds appropriated to DHEC in this Act as a Special Item and titled "Abstinence-Until Marriage Emerging Programs" the department shall award a 12 month grant for abstinence-until-marriage emerging programs. This funding shall be awarded by the department only to non-profit 501(c)(3) agencies meeting the following requirements through a competitive bid process to demonstrate an emerging program/curricula that meets the A-H Title V, Section 510 definition of Abstinence Education.

(B)   Contracts must be awarded utilizing a competitive approach in accordance with the South Carolina Procurement Code.

(C)   Applicants will be given priority that have, for at least two years prior to application, effectively implemented in South Carolina the program/curricula for which funding is being applied.

(D)   Applicants must provide a current third party audit that indicates the applicant has the infrastructure and experience to efficiently and effectively manage the funding applied for.

(E)   Applicants must provide a budget and budget narrative that explains how the funds will be used.

(F)   Applications must allocate a minimum of 15% of the budget for a qualified third party evaluator to assess both process outputs and behavioral outcomes of the program.

(G)   Prior to application, proposed programs/curricula must be certified as medically accurate by a government or private agency that


Printed Page 4375 . . . . . Wednesday, June 4, 2014

has the capacity to provide a quality review of materials for medical accuracy.

(H)   Prior to application, proposed programs/curricula must be certified by the National Abstinence Education Association (NAEA) as meeting and being in compliance with all of the Title V, Section 510 A-H requirements for abstinence-until-marriage education programs.

(I)   Applicants must provide proof of an agreement with a federally certified IRB for review of program and evaluation processes and protocol and must provide proof of the IRB's approval prior to program implementation.

(J)   The programs implemented by the entity awarded a contract pursuant to this proviso may not violate any portion of the South Carolina Comprehensive Health Education Act when implemented in a school setting. An entity that violates any portion of the South Carolina Comprehensive Health Education Act must reimburse the State for all funds disbursed. Applications must include at an minimum, the following:

1)   Proposed one year budget with the following detail for the 12 month grant period. The applicant must agree to submit quarterly reports to the department detailing the expenditure of funds and the accomplishments of the project including:

a)   Personnel costs and fringe by position for each of the following areas: administration, training, education, and other positions identified;

b)   Operational cost identified in the application;

c)   Onetime costs over $500 such as supplies;

d)   Administration cost may not exceed 10% of total project budget. Administration is defined expenses other than educational.

2)   Description of program and curriculum to be used;

3)   Description of training;

4)   Schedule and brief description of project activities for each quarter;

5)   Participation Reports at the end of every three months on the following:

a)   Number of persons who participated;

b)   Total number of hours provided;

c)   Number of train the trainer events;

d)   Other data regarding the activities of the project;

6)   A description of the project evaluation to be used;

7)   Copy of latest completed independent financial audit and agency's response to any audit exceptions;


Printed Page 4376 . . . . . Wednesday, June 4, 2014

8)   Qualifications of project personnel;

9)   Best Practices to be used; and

10)   Evidence Based Curriculum to be used.

Organizations or individuals awarded grants must provide quarterly reports on expenditures and participation to DSS within 15 days of the end of each quarter.

(K) Grantees failing to submit reports within 30 days of the end of each quarter will be terminated./
Amend the bill further, as and if amended, Part IB, Section 34, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 434, paragraph 34.52 (Certificate of Need Project or Equipment), lines 22-29, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 34, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 434, paragraph 34.53 (Odor and Remediation Committee), lines 30-36, and page 435, lines 1-6, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 34, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 435, paragraph 34.54 (Birthing Center Inspections), line 7, after /For this fiscal year, birthing centers/ by inserting /, accredited by the Commission on Accreditation of Birth Centers on or before July 1, 2014,/;
page 435, line 8, by striking /department/ and inserting /Department of Health and Environmental Control/;
page 435, line 10, by striking /reasonable/ and inserting /thirty minute/ and after /birthing center/ by inserting /or hospital/;
page 435, line 14, by striking /or (B)/ and inserting /and (B)/
page 435, line 16, by striking /may assess/ and inserting /shall require/; by striking /for/ and inserting /upon receipt and review of the/; and by striking /such a provision./ and inserting /these provisions./
Amend the bill further, as and if amended, Part IB, Section 35, DEPARTMENT OF MENTAL HEALTH, page 437, paragraph 35.12 (School Safety Task Force), line 20, by striking /DELETED/ and inserting:
/   (A) Of the funds appropriated to the Department of Mental Health, there is created a school safety task force to:

(1)   examine the various funding streams for school-based mental health services and determine how these streams may best be utilized in order to provide more accessible and efficient delivery of mental health programs;

(2)   examine school mental health staffing ratios and provide


Printed Page 4377 . . . . . Wednesday, June 4, 2014

suggestions that allow for the full delivery of services and effective school-community partnerships, including collaboration between school districts;

(3)   develop standards for district level policies to promote effective school discipline and mental health intervention services;

(4)   examine current intra- and interagency collaboration and suggest ways to improve cooperation; and

(5)   examine how to best support multi-tiered systems of support.

(B)   The task force is composed of:

(1)   one member appointed by the South Carolina School Counselor Association;

(2)   one member appointed by the South Carolina Association of School Psychologists;

(3)   one member appointed by the South Carolina Association of School Social Workers;

(4)   one member appointed by the South Carolina Association for Marriage and Family Therapy;

(5)   one member appointed by the South Carolina Association of School Administrators;

(6)   one member appointed by the South Carolina School Boards Association;

(7)   one member appointed by the South Carolina Department of Mental Health;

(8)   one member appointed by the South Carolina Association of School Resource Officer;

(9)   one member appointed by the Chief of the State Law Enforcement Division;

(10)   one member appointed by the Governor;

(11)   one appointed by the State Superintendent of Education;

(12)   two members appointed by the Chairman of the House Education and Public Works Committee; and

(13)   two members appointed by the Chairman of the Senate Education Committee.

(C)   Vacancies in the membership of the task force must be filled in the manner of original appointment.

(D)   Members of the task force shall serve without compensation and may not receive mileage, subsistence, or per diem.

(E)   The staffing for the task force must be provided by the staff of the House Education and Public Works Committee and Senate Education Committee.


Printed Page 4378 . . . . . Wednesday, June 4, 2014

(F)   Any recommendations made by the task force must be revenue neutral.

(G)   The task force shall make a report of its recommendations to the General Assembly no later than December 31, 2014, at which time the task force is dissolved. /
Amend the bill further, as and if amended, Part IB, Section 38, DEPARTMENT OF SOCIAL SERVICES, page 445, paragraph 38.26 (Federally Certified Child Support Enforcement System Project), line 19, by striking /DELETED/ and inserting
/ Effective July 1, 2014, the CFS Project Executive Committee is abolished. For the current fiscal year, the direction, management, oversight, and decision-making authority previously exercised by the CFS Project Executive Committee is placed under the sole authority of the Director of the Department of Social Services who shall make all final decisions regarding the project. The department shall publish on its website quarterly progress reports on the project's timetable to achieve a Federally certified Child Support Enforcement System. /
Amend the bill further, as and if amended, Part IB, Section 38, DEPARTMENT OF SOCIAL SERVICES, page 445, paragraph 38.27 (New SNAP Debit Card Accountability Features), line 20, by striking /DELETED/ and inserting: / By December 1, 2014, the Director of the Department of Social Services shall make reports and recommendations to the Chairman of the House Ways and Means Committee and the Chairman of the Senate Finance Committee for new accountability features to the debit cards used for the Supplemental Nutritional Assistance Program (SNAP).

1)   The feasibility and cost benefit of adding the beneficiaries' identification numbers on the SNAP debit cards. The objective is to reduce the misuse of SNAP debit; and

2)   The costs of various options available to reduce the fraud within these programs.

The department is authorized to use the agency's appropriated funds in Part I. A. of this act for research in complying with this provision. /
Amend the bill further, as and if amended, Part IB, Section 38, DEPARTMENT OF SOCIAL SERVICES, page 445, after line 20 by adding an appropriately numbered paragraph to read:
/ (DSS: Contracting Best Practices) By December 1, 2014, the Department of Social Services shall submit a written report to the Chairman of the House Ways and Means Committee and Chairman of the Senate Finance Committee describing the actions taken to ensure


Printed Page 4379 . . . . . Wednesday, June 4, 2014

that contracting by the department uses best practices to address the following: 1) Unnecessarily labor intensive processes, duplication of effort, and poorly written solicitations and contracts; 2) Formal, repeatable process for consistent solicitation development; 3) Contract managers involved from "cradle to grave"; 4) Compliance with all applicable state laws and requirements; 5) Process to compile "lessons learned" and apply to future contracting; 6) Use of a business planning process to determine sourcing and re-bid strategy, and; 7) Regular best practice training of all staff involved in contracting. The department shall review other states' best practices for contracting in the development of this report. /
Amend the bill further, as and if amended, Part IB, Section 44, DEPARTMENT OF AGRICULTURE, page 447, paragraph 44.11 (Commodity Boards), lines 35-36, and page 448, lines 1-5, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 44, DEPARTMENT OF AGRICULTURE, page 448, paragraph 44.12 (Unsafe Used Tires), lines 6-22, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 49, DEPARTMENT OF PARKS, RECREATION & TOURISM, page 452, paragraph 49.8 (Destination Specific, Tourism and Marketing Transfer), line 24, by striking /can/ and inserting /must/
Amend the bill further, as and if amended, Part IB, Section 50, DEPARTMENT OF COMMERCE, page 455, paragraph 50.13 (Regional Economic Development Organizations), lines 12-15, by striking the lines in their entirety and inserting /Organizations shall be transferred to the Rural Infrastructure Fund at the Department of Commerce./
Amend the bill further, as and if amended, Part IB, Section 51, JOBS-ECONOMIC DEVELOPMENT AUTHORITY, page 456, after line 6, by adding /SECTION 51 - P34-JOBS-ECONOMIC DEVELOPMENT AUTHORITY/ and an appropriately numbered paragraph to read:
/   (JEDA: Bonds Interest Rates) Pursuant to Sections 41-43-100 and 41-43-110(A) of the 1976 Code, the interest rate of bonds issued by the authority are not subject to approval by the State Budget and Control Board. /
Amend the bill further, as and if amended, Part IB, Section 52, PATRIOTS POINT DEVELOPMENT AUTHORITY, page 456, after line 6, by adding /SECTION 52 - P36-PATRIOTS POINT


Printed Page 4380 . . . . . Wednesday, June 4, 2014

DEVELOPMENT AUTHORITY/ and an appropriately numbered paragraph to read:
/ (PPDA: USS Laffey Overnight Stays) From the funds authorized or appropriated to Patriots Point Development Authority as "other operating expenses" members of the USS Laffey Association who are temporarily present at Patriots Point to perform voluntary maintenance on the USS Laffey may remain onboard the vessel overnight if the Executive Director approves and has deemed it safe to do so. /
Amend the bill further, as and if amended, Part IB, Section 78, DEPARTMENT OF INSURANCE, page 479, paragraph 78.4 (Safe Home Program), lines 34-35, and page 480, lines 1-2 by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 82, DEPARTMENT OF MOTOR VEHICLES, page 483, paragraph 82.9 (Church Activities), line 30, by striking the line in its entirety and inserting:
/ 82.9. (DMV: Activities Allowed on Special Restricted Driver's License) In the current fiscal year, employing funds authorized or appropriated to the Department of Motor Vehicles pursuant to Section 82, Part IA of this act, the department must include church, church-related, church-sponsored activities, and parentally approved sports activities in the categories for which it may waive or modify restrictions in the special restricted driver's license for certain minors. The licensee must provide the department a statement of the purpose of the waiver or modification of restrictions executed by the parents or legal guardian of the licensee and documents executed by church representatives and/or representatives of the sports entity for which the waiver is being requested. /
Amend the bill further, as and if amended, Part IB, Section 84, DEPARTMENT OF TRANSPORTATION, page 486, paragraph 84.11 (Hanahan Permit Application), line 7, by striking /once agreement among all parties has been reached/ and inserting / no later than September 30, 2014/
Amend the bill further, as and if amended, Part IB, Section 84, DEPARTMENT OF TRANSPORTATION, page 486, paragraph 84.17 (Greenville Bridge Commission), lines 19-23 by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 84, DEPARTMENT OF TRANSPORTATION, page 486, paragraph 84.18 (Bridge Replacement in McCormick County), lines 25-26 by striking


Printed Page 4381 . . . . . Wednesday, June 4, 2014

three references to / and sewer /
Amend the bill further, as and if amended, Part IB, Section 88, STATE PORTS AUTHORITY, page 488, paragraph 88.4 (Shore Electrical Power), line 16, by striking /DELETED/ and inserting /The State Ports Authority shall include shore electrical power capability in the design and construction of any new terminal or facility servicing passenger cruise ships in Charleston County./
Amend the bill further, as and if amended, Part IB, Section 88, STATE PORTS AUTHORITY, page 488, paragraph 88.5 (Port Royal), lines 17-25, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 91, LEGISLATIVE DEPARTMENT, page 490, paragraph 91.4 (Subsistence/Travel Regulations), lines 24-25, by striking the lines in their entirety and inserting / (F)   Notwithstanding any other provision of law, subsistence and mileage reimbursement for members of the General Assembly shall not exceed be the level authorized by the Internal Revenue Service for the Columbia area. Provided, in calculating the subsistence reimbursement for members of the General Assembly the reimbursement rate for the lodging component shall be the average daily rate for hotels in the Columbia Downtown area as defined by the Columbia Metro Convention and Visitor's Bureau for the preceding fiscal year of 2013-14. /
Amend the bill further, as and if amended, Part IB, Section 91, LEGISLATIVE DEPARTMENT, page 492, paragraph 91.21 (Other Funds Oversight Committee), after line 12, by inserting
/   The committee shall review the level of other funds authorization in each agency, department, board, or commission to determine whether the levels authorized in this act should be increased or decreased for the next fiscal year. By January 30, 2015, the committee shall submit recommendations on the appropriate level of authorization for each agency, department, board, or commission to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee. /
Amend the bill further, as and if amended, Part IB, Section 91, LEGISLATIVE DEPARTMENT, page 493, paragraph 91.27 (Joint Regional Economic Development Organizations Study Committee), lines 9-18, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 91, LEGISLATIVE DEPARTMENT, page 494 paragraph 91.29 (In District Office), line15, by striking /Upon request,/ and inserting /Effective January 1, 2015,/;


Printed Page 4382 . . . . . Wednesday, June 4, 2014

page 494, line 16, by striking /dollar/ and inserting /dollars/;
page 494, line 17, after /telephone./ by inserting /The additional one thousand dollars per month in-district expense shall be included as earnable compensation for active members of the General Assembly. If a member of the General Assembly chooses to opt-out of the additional allowance, he or she must notify the clerk of his or her respective body./; and
page 494, lines 17-18, by striking /house/ and inserting /body/
Amend the bill further, as and if amended, Part IB, Section 92, OFFICE OF THE GOVERNOR, page 496, paragraph 92.18 (OEPP-Outside Legal Counsel), line 30, by striking /DELETED/ and inserting / In the event circumstances necessitate that the Governor's Office of Executive Policy and Programs acquire the services of outside legal counsel, the Governor's Office must follow procedures established by the SC Consolidated Procurement Code. /
Amend the bill further, as and if amended, Part IB, Section 92, OFFICE OF THE GOVERNOR, page 496, after line 32, by adding an appropriately numbered paragraph to read:
/ (GOV: OEPP-Carillon Tower) The Governor's Office of Executive Policy and Programs, Veterans' Affairs Program shall use any carry forward funds authorized for the M.J. "Dolly" Cooper Veterans Cemetery to construct the Carillon Tower to house the sound system used to provide bell tower music for the cemetery. /
Amend the bill further, as and if amended, Part IB, Section 94, OFFICE OF THE LIEUTENANT GOVERNOR, page 498, after line 4, by adding an appropriately numbered paragraph to read:
/ (LTG: Home and Community Based Services Unit Rates) The Office on Aging shall develop a plan by December 31, 2014, to implement a uniform pricing schedule for Home and Community Based Services unit rates. The plan shall be provided to the Chairman of the House Ways and Means Committee and the Chairman of the Senate Finance Committee. /
Amend the bill further, as and if amended, Part IB, Section 95, OFFICE OF SECRETARY OF STATE, page 498, paragraph 95.3 (Notary Public Commission, line 11, by striking /DELETED/ and inserting / Effective September 1, 2014, every application for a notary public commission must be submitted to the Secretary of State. The application shall be made on paper with original signatures, or in another form determined by the Secretary of State. A person qualified for a notarial commission: (1) must read and write the English language; (2) must complete a course of instruction on notarial acts as


Printed Page 4383 . . . . . Wednesday, June 4, 2014

approved by the Secretary of State; and (3) must submit an application to the Secretary of State containing no material misstatement or omission of fact. /
Amend the bill further, as and if amended, Part IB, Section 95, OFFICE OF SECRETARY OF STATE, page 498, paragraph 95.4 (Charitable Funds Act Disclosure Violations), line 12, by striking /DELETED/ and inserting
/ The Secretary of State shall refer to the Attorney General for investigation under Section 33-56-145 of the Solicitation of Charitable Funds Act any person who is alleged to have violated the mandatory disclosure requirements of Section 33-56-90 of the Act, and who has been fined $10,000 or more for those violations. /
Amend the bill further, as and if amended, Part IB, Section 95, OFFICE OF SECRETARY OF STATE, page 498, paragraph 95.5 (Charitable Funds Act Misrepresentation Violations), line 13, by striking /DELETED/ and inserting / The Secretary of State shall refer to the Attorney General for investigation under Section 33-56-145 of the Solicitation of Charitable Funds Act any person who is alleged to have violated the misrepresentation provisions of Section 33-56-120 of the Act, and who has been fined $10,000.00 or more for those violations. /
Amend the bill further, as and if amended, Part IB, Section 98, RETIREMENT SYSTEM INVESTMENT COMMISSION, page 502, paragraph 98.2 (Bi-Annual Meetings), lines 30-31, by striking /bi-annual/ and inserting /semi-annual/
Amend the bill further, as and if amended, Part IB, Section 99, OFFICE OF ADJUTANT GENERAL, page 505, paragraph 99.19 (National Guard State Active Duty), line 11, by inserting before the period at the end / , up to the amount of funds advanced to the South Carolina National Guard for the Declared State of Emergency /
Amend the bill further, as and if amended, Part IB, Section 99, OFFICE OF ADJUTANT GENERAL, page 505, after line 11, by inserting an appropriately numbered paragraph to read:
/ (ADJ: National Guard Association and Foundation Support) From the funds authorized or appropriated for State Military Department operations, the Adjutant General may authorize National Guard personnel to support and assist the National Guard Association of South Carolina and the South Carolina National Guard Foundation in their missions to promote the health, safety, education, and welfare of South Carolina National Guard personnel and their families. /
Amend the bill further, as and if amended, Part IB, Section 101,


Printed Page 4384 . . . . . Wednesday, June 4, 2014

BUDGET AND CONTROL BOARD, page 511, paragraph 101.21 (Employee Compensation), lines 25, 29, 32, 33, 35 and page 512, lines 2, 4, 6, by striking /one and one-half/ and inserting /two/
Amend the bill further, as and if amended, Part IB, Section 101, BUDGET AND CONTROL BOARD, page 515, paragraph 101.34 (Federally Certified Child Support Enforcement System Project), lines 22-27, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 105, PUBLIC EMPLOYEE BENEFIT AUTHORITY, page 516, paragraph 105.1 (Lottery, & Infrastructure Bank & Magistrates Health Insurance), line 27, by striking the line in its entirety and inserting /105.1. (PEBA: Lottery & Infrastructure Bank Health Insurance) South Carolina Lottery Commissioners and/;
page 516, lines 30-31 by striking the lines in their entirety and inserting /Authority./
Amend the bill further, as and if amended, Part IB, Section 105, PUBLIC EMPLOYEE BENEFIT AUTHORITY, page 518, paragraph 105.9 (Inactive SCRS Account Transfer), line 6, by striking /DELETED/ and inserting
/ A current employee or teacher who is an active participant in the State Optional Retirement Program but who has an inactive account in the South Carolina Retirement Program due to previous service in that system, shall be allowed to transfer previous contributions to the employee's or teacher's active State Optional Retirement Program account. /
Amend the bill further, as and if amended, Part IB, Section 105, PUBLIC EMPLOYEE BENEFIT AUTHORITY, page 518, paragraph 105.14 (Medicare Advantage), lines 20-26, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 106, DEPARTMENT OF REVENUE, page 520, paragraph 106.10 (Rapid Response to Declared Disasters), lines 1-35 and page 521, lines 1-36, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 106, DEPARTMENT OF REVENUE, page 522, paragraph 106.11 (Breach of Identifying Information), lines 1-4, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 106, DEPARTMENT OF REVENUE, page 522, after lines 4, by adding an appropriately numbered paragraph to read:
/ (DOR: May Events) Of the accommodation tax returned to Horry


Printed Page 4385 . . . . . Wednesday, June 4, 2014

County or the municipalities therein, up to one third of the total allocation may be set aside and used for direct policing activities during events held in May within Horry County. By October 31, the local government must inform the Department of Revenue the percentage of accommodation tax to withhold, not to exceed one third of the estimated yearly return, that will be dedicated to direct policing activities. These funds shall be sent by the Department of Revenue to the local governing entity upon request of the local entity. A report on the expenditure of these funds, which must include the amount and purpose for which the funds were expended shall be submitted by the county or municipalities to the Governor, the Chairman of Senate Finance Committee and the Chairman of House Ways and Means Committee no later than 90 days after the end of any event in which these funds are expended./
Amend the bill further, as and if amended, Part IB, Section 112, EXECUTIVE BUDGET OFFICE, page 525, paragraph 112.2 (Other Fund Authorization Increase), lines 2-3, by striking /one and one-half percent/ and inserting /two percent/
Amend the bill further, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 559, paragraph 117.103 (Retirement Investment Commission RSIC Performance Incentive Compensation Plan), lines 10-17, by striking the lines in their entirety and inserting:
/   117.103.   (GP: Retirement Investment Commission RSIC Performance Incentive Compensation Plan) Of the funds appropriated and or authorized, the Retirement Investment Commission shall submit a report Performance Incentive Compensation Plan to the Senate Finance Retirement Subcommittee and the House Ways and Means Legislative, Executive, and Local Government Subcommittee by January 15 October 1, 2014 that sets forth a plan regarding investment staff's salary bonuses for calendar year 2015 Fiscal Year 2014-15. The plan shall include, but not be limited to, a clearly articulated listing of employees affected, how much incentive bonus is to be received, and clearly delineated associated performance goals and outcomes, not only on a quantitative basis which will be aligned to approved bench marks by asset class, but also on a qualitative basis tied to each individual's sustained performance, position specific accountabilities, and any competitive pay requirements.

The Senate and House Subcommittees shall approve or disapprove the plan by December 1, 2014, and the plan must not be implemented without legislative approval. Any bonus plan, if not


Printed Page 4386 . . . . . Wednesday, June 4, 2014

approved by the legislative subcommittees, may not be carried over from year to year./
Amend the bill further, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 563, paragraph 117.118 (State Ports Authority Property), line 34, by striking the line in its entirety and inserting
/ 117.118.   (GP: State Ports Authority Property) The State Ports Authority shall transfer fifty acres of its real property on Daniel Island to the Department of Parks, Recreation, and Tourism, which shall ensure, in the manner it deems appropriate, that the property is used for public recreation activities. If the State Ports Authority has not completed the sale of its remaining real property on/
Amend the bill further, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 568, paragraph 117.135 (Family Planning Funds), lines 20-35, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 569, paragraph 117.136 (Communications with Elected Officials), lines 1-4, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 569, paragraph 117.137 (Homeowners Associations Study Committee), lines 5-20, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 570, paragraph 118.4 (Criminal Justice Academy Funding), lines 32-36, and page 571, lines 1-7, by striking the lines in their entirety and inserting:
/   118.4.   (SR: Criminal Justice Academy Funding) (A) In addition to all other assessments and surcharges, during the current fiscal year, a five dollar surcharge to fund training at the South Carolina Criminal Justice Academy is also levied on all fines, forfeitures, escheatments, or other monetary penalties imposed in the general sessions court or in magistrates' or municipal court for misdemeanor traffic offenses or for non-traffic violations. No portion of the surcharge may be waived, reduced, or suspended. The additional surcharge imposed by this section does not apply to parking citations.

(B) The revenue collected pursuant to subsection (A) must be retained by the jurisdiction, which heard or processed the case and paid to the State Treasurer within thirty days after receipt. The State Treasurer shall transfer the revenue quarterly to the South Carolina Criminal Justice Academy.


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(C) The State Treasurer may request the State Auditor to examine the financial records of any jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to subsection (B). The State Auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in and cooperate fully with the examination.

(D) In the event S.894, which was introduced on December 17, 2013, is enacted into law, and if Section 14-1-240 as contained in that enactment is in effect, the requirements of this provision shall be suspended for as long as Section 14-1-240 is in effect./
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 578, paragraph 118.15 (Tobacco Settlement), lines 7-8, by striking / (3)   $1,000,000 to the Department of Health and Human Services for Smoking Prevention and Cessation-Community Based Prevention; /
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 578, paragraph 118.16 (Non-recurring Revenue), lines 12-35, and pages 579-590, by striking the paragraph in its entirety and inserting:
/   118.16.   (SR: Non-recurring Revenue) (A) The source of revenue appropriated in subsection (B) is non-recurring revenue generated from the following sources:

(1)   $68,370,147 from Fiscal Year 2012-13 Contingency Reserve Fund;

(2)   $165,016,789 from Fiscal Year 2013-14 unobligated general fund revenue as certified by the Board of Economic Advisors; and

(4)   $2,288,513 from Fiscal Year 2013-14 Capital Reserve Fund lapse.

This revenue is deemed to have occurred and is available for use in Fiscal Year 2014-15 after September 1, 2014, following the Comptroller General's close of the state's books on Fiscal Year 2013-14.

Any restrictions concerning specific utilization of these funds are lifted for the specified fiscal year. The above agency transfers shall occur no later than thirty days after the close of the books on Fiscal Year 2013-14 and shall be available for use in Fiscal year 2014-15.

(B)   The appropriations in this provision are listed in priority order. Item (1) must be funded first and each remaining item must be fully funded before any funds are allocated to the next item. Provided, however, that any individual item may be partially funded in the order


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in which it appears to the extent that revenues are available.

The State Treasurer shall disburse the following appropriations by September 30, 2014, for the purposes stated:

(1)   General Reserve Fund Contribution   $   26,589,048;

(2)   V04 - Debt Service

Debt Service Payments   $   21,767,082;

(3)   E28 - Election Commission

(a)   Security and Technology Enhancements   $   100,000;

(b)   Statewide Election Funds   $   456,323;

(c)   Equal Access to the Ballot (S.2)   $   245,000;

(4)   A85 - Education Oversight Committee

(a)   Partnerships for Innovation - Transform SC   $   200,000;

(b)   School Efficiency Review - Proviso 1.95   $   300,000;

(c)   EOC Education Pilot Program - Proviso 1.94   $   1,000,000;

(5)   H63 - Department of Education

(a)   Hold-Harmless Transition Payments with EOC

Funding Model   $   5,047,659;

(b)   Hold-Harmless Transition Payments

Charter Schools   $   1,500,000;

(c)   Digital Instructional Materials   $   7,000,000;

(d)   Teacher Training for Technology   $   4,000,000;

(e)   Charter School Facility Revolving Loan Program   $   500,000;

(f)   BabyNet Data System - Required Upgrades   $   838,100;

(g)   Governor's School for the Arts and Humanities

-Humidity Control in Residence Hall   $   55,000;

(h)   Governor's School for the Arts and Humanities

-Classroom Reconfiguration   $   55,000;

(i)   Instructional Materials   $   1,666,161;

(j)   Transportation   $   1,000,000;

(k)   SDE CDEPP   $   910,000;

(l)   First Steps CDEPP   $   490,000;

(5.1)   Of the funds appropriated above in subitem (5)(a) to the Department of Education for Hold-Harmless Transition Payments, the department is directed to provide funds to the districts that will not receive an increase in Education Finance Act funds as a result of the


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Education Finance Act transition. The funds are to be disbursed to districts as a direct reimbursement for lost EFA revenue only during Fiscal Year 2014-15.

(5.2)   Of the funds appropriated above in subitem (5)(b) to the Department of Education for Hold-Harmless Transition Payments to Charter Schools, the department is directed to provide funds to the charter schools sponsored by a local school district and located in districts that do not receive transition funds that will not receive an increase in Education Finance Act funds as a result of the Education Finance Act transition. The funds are to be disbursed to districts as a direct reimbursement for lost EFA revenue only during Fiscal Year 2014-15. If any excess funds exist, they must be transferred to the Charter School Revolving Loan Program.

(5.3)   Of the funds appropriated above in subitem (5)(d) to the Department of Education for Teacher Training for Technology, each school district or special school shall receive a proportional allocation based on the previous year's 135-day average daily membership. The district must use these funds to provide teachers with professional development specifically related to Teacher Training for Technology. These funds may not be used to supplant existing school district expenditures. By June 1, 2015, and on a form specified by the Department of Education, each school district or special school must report to the department on the amounts of state funds and any local funds expended on such training and describe the types of professional development and training provided to teachers and the number of teachers that participated.

(5.4)     The funds appropriated above in subitem (5)(k) and (5)(l) for CDEPP must only be used for non-recurring expenses related to the retrofitting of new CDEPP classrooms.

(6)   H59 - State Board for Technical and Comprehensive Education

(a)   Critical Needs Workforce Development Initiative   $   2,000,000;

(b)   Technical College of the Lowcountry - Transitioning

Military Support and Training Program; Building

16 Renovation, Parking and Road Improvements   $   1,500,000;

(c)   Aiken Technical College - Renovation of IT

Infrastructure   $   608,500;


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(d)   Tri County Technical College - CNC and

Mechatronics Programs   $   1,000,000;

(e)   Florence-Darlington Technical College

- Automotive Technology Program Equipment   $   1,750,000;

(f)   Midlands Technical College - Quick Jobs Program   $   750,000;

(g)   Spartanburg Community College - Cherokee

Campus - Advanced Manufacturing and

Industrial Equipment   $   500,000;

(h)   Central Carolina Technical College - Kershaw

Campus   $   844,513;

(i)   Central Carolina Technical College - Industrial

Building Renovation   $   750,000;

(j)   Orangeburg-Calhoun Technical College - Health

Sciences and Nursing Building Annex   $   1,000,000;

(k)   Spartanburg Community College - Academic

Student Services Building   $   750,000;

(l)   Horry-Georgetown Technical College - Culinary

Arts Building   $   1,750,000;

(m)   Midlands Technical College - Building Capacity

for STEM Education   $   750,000;

(n)   Williamsburg Technical College - Facilities

Management Building   $   750,000;

(6.1)   Of the funds appropriated above in subitem (6)(a), the State Board for Technical and Comprehensive Education shall fund a pilot program at Tri-County Tech and a pilot program at Central Carolina Tech designed to address workforce shortages in South Carolina's manufacturing community. These pilot programs shall at a minimum create a process by which local high school students can dual enroll in class offerings at the technical college so that they can graduate high school with a manufacturing certification.

(6.2)   Of the funds appropriated above in subitem (6)(b), $200,000 shall be allocated to the Transitional Workforce Education Assistance Collaborative (TWEAC) to be used by the collaborative to provide workforce services to armed services personnel transitioning from military to civilian careers. Funds allocated to TWEAC for this purpose shall complement, and be provided in conjunctions with, training programs provided at the Technical College of the Lowcountry.


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(7)   P32 - Department of Commerce

(a)   Deal Closing Fund   $   12,406,874;

(b)   SC Council on Competitiveness   $   750,000;

(c)   Community Development Corporation Initiative   $   350,000;

(d)   Columbia Minority Business Development Agency   $   60,000;

(e)   Railroad Spur - I-26/95   $   600,000;

(f)   Lexington County Water and Wastewater   $   500,000;

(g)   Capital IT-oLogy Coursepower Project   $   400,000;

(h)   Marion County Workforce Training Facility   $   100,000;             (i)   340 Industrial Park   $   750,000;

(8)   H87 - State Library

Aid to Counties - Per Capita $1.25   $   1,341,395;

(9)   P36 - Patriots Point Development Authority

Medal of Honor Museum   $   1,000,000;

(10)   J04 - Department of Health and Environmental Control

(a)   Best Chance/Colon Cancer Networks   $   1,500,000;

(b)   J.R. Clark Sickle Cell Foundation   $   100,000;

(c)   Bleeding Disorders - Premium Assistance Program   $   100,000;

(d)   Ocean Water Quality Outfall Initiative   $   500,000;

(e)   Sea Haven   $   250,000;

(f)     Water Quality   $   3,575,700;

(g)   Public Swimming Pool - ADA Compliance

- Walhalla   $   100,000;

(h)   Donate Life - Organ Donor Registry   $   50,000;

(i)   Outreach Program for Continued Testing of

TB Victims   $   125,000;

(j)   City of Laurens - Asbestos Abatement   $   150,000;

(k)   City of Cayce - Chemical Fire Rehabilitation   $   100,000;

(10.1)   Of the funds appropriated above in subitem (10)(a), the Department of Health and Environmental Control shall utilize $1,000,000 for the Best Chance Network and $500,000 shall be used as matching funds for the Colon Cancer Prevention Network.

(11)   P28 - Department of Parks, Recreation, and Tourism

(a)   Palmetto Trail   $   150,000;


Printed Page 4392 . . . . . Wednesday, June 4, 2014

(b)   Sports Development Fund   $   2,000,000;

(c)   Marketing - International   $   400,000;

(d)   Greenville Children's Museum   $   150,000;

(e)   African-American History Museum   $   5,000,000;

(f)   Football Exhibition Games   $   300,000;

(g)   SC Equine Park   $   100,000;

(h)   Historic Columbia - Woodrow Wilson Family Home   $   250,000;

(i)   Parks and Recreation Development Program   $   1,000,000;

(j)   Southeastern Wildlife Expo   $   200,000;

(k)   State Park Fire Department - Jones Gap   $   50,000;

(l)   Town of Eastover - Historic Site Preservation   $   75,000;

(m)   SC Hall of Fame   $   100,000;

(n)   Walhalla Civic Auditorium Historic Preservation   $   200,000;

(o)   Undiscovered South Carolina   $   500,000;

(p)   Panthers Training Camp   $   75,000;

(q)   Shaw Air Force Base Welcome Center   $   750,000;

(r)   Multi-Purpose Business/Entertainment/Sports

Complex - City/County of Spartanburg   $   200,000;

(s)   Black Expo   $   150,000;

(t)   Francis Marion Commission   $   100,000;

(11.1)   Of the funds appropriated above in subitem (11)(b), the Department of Parks Recreation and Tourism shall make grant awards available to youth sport organizations. All grant awards must be matched dollar-for-dollar with a non-state match. Organizations must be able to demonstrate an annual economic impact that exceeds the award amount.

(11.2)   Of the funds appropriated above in subitem (11)(c), the Department of Parks Recreation and Tourism must use $200,000 as match for the Coastal, South Carolina USA international tourism campaign; and $100,000 shall be sent to the Myrtle Beach Area Chamber for International Tourism.

(11.3)   Of the funds appropriated above in subitem (11)(i), the Department of Parks, Recreation and Tourism must distribute and


Printed Page 4393 . . . . . Wednesday, June 4, 2014

administer the funds in accordance with Chapter 23 of Title 51 of the SC Code of Laws.

(11.4)   Of the funds appropriated above in subitem (11)(s), the Department of Parks, Recreation and Tourism shall distribute the funds to the Black Expo, which shall allocate the funds equally between the Columbia, Charleston, and Upstate Expos. The funds shall be used specifically for marketing and promotion of the Expos.

(12)   X22 - Local Government Fund, State Treasurer

Local Government Fund   $   25,000,000;

(13)   U20 - County Transportation Funds

Allocation to Counties   $   13,500,000;

(14)   H71 - Wil Lou Gray Opportunity School

Paving   $   350,000;

(15)   Y14 - State Ports Authority

Jasper Port Development   $   1,200,000;

(16)   H03 - Commission on Higher Education

(a)   Need-Based Grants   $   2,600,000;

(b)   Child Abuse Medical Response Program   $   225,000;

(c)   Lowcountry Graduation Center   $   300,000;

(17)   H09 - The Citadel

(a)   Higher Education Efficiency, Effectiveness and

Accountability Review   $   81,290;

(b)   Mechanical Engineering Lab and Equipment   $   1,305,678;

(18)   H12 - Clemson University

(a)   Higher Education Efficiency, Effectiveness and

Accountability Review   $   596,066;

(b)   Main Campus Electrical Infrastructure

Maintenance and Improvements   $   1,118,674;

(19)   H15 - University of Charleston

(a)   Higher Education Efficiency, Effectiveness and

Accountability Review   $   176,755;

(b)   Simons Center for the Arts Renovation   $   529,781;

(c)   Acquisition of Surplus Property   $   2,000,000;

(20)   H17 - Coastal Carolina University

(a)   Higher Education Efficiency, Effectiveness and

Accountability Review   $   81,842;

(b)   Parity Funding   $   406,395;


Printed Page 4394 . . . . . Wednesday, June 4, 2014

(c)   Science Center Complex   $   1,000,000;

(21)   H18 - Francis Marion University

(a)   Higher Education Efficiency, Effectiveness and

Accountability Review   $   107,372;

(b)   Repair and Maintenance - Classroom Buildings

Renovations   $   139,583;

(c)   Physician Assistant Degree Program   $   23,000;

(d)   Founders Hall Renovation   $   1,500,000;

(22)   H21 - Lander University

(a)   Higher Education Efficiency, Effectiveness and

Accountability Review   $   55,958;

(b)   Energy Management   $   272,745;

(23)   H24 - South Carolina State University

Efficiency Process Improvements   $   496,235;

(24)   H27 - University of South Carolina-Columbia Campus

(a)   Higher Education Efficiency, Effectiveness and

Accountability Review   $   971,902;

(b)   On Your Time   $   1,218,674;

(25)   H29 - University of South Carolina-Aiken Campus

(a)   Higher Education Efficiency, Effectiveness and

Accountability Review   $   58,922;

(b)   Parity Funding   $   200,000;

(26)   H34 - University of South Carolina-Upstate Campus

(a)   Higher Education Efficiency, Effectiveness and

Accountability Review   $   82,157;

(b)   Parity Funding   $   250,000;

(27)   H36 - University of South Carolina-Beaufort Campus

(a)   Higher Education Efficiency, Effectiveness and

Accountability Review   $   23,779;

(b)   Parity Funding   $   200,000;

(28)   H37 - University of South Carolina-Lancaster Campus

(a)   Parity Funding   $   148,720;

(b)   Repair and Renewal for Science Labs and

Nursing Simulation   $   495,000;

(29)   H38 - University of South Carolina-Salkehatchie Campus

Parity Funding   $   118,720;

(30)   H40 - University of South Carolina-Union Campus

Parity Funding   $   59,360;

(31)   H47 - Winthrop University

(a)   Higher Education Efficiency, Effectiveness and

Accountability Review   $   81,917;


Printed Page 4395 . . . . . Wednesday, June 4, 2014

(b)   Visual and Performing Arts Center

Accreditation/ADA Access   $   750,000;

(c)   Withers/WTS Building - Maintenance and Repairs   $   159,738;

(32)   H51 - Medical University of South Carolina

(a)   Higher Education Efficiency, Effectiveness and

Accountability Review   $   352,825;

(b)   Tele-Medicine   $   1,000,000;

(c)   Institute of Medicine   $   400,000;

(d)   Mobile Cancer Screening   $   1,000,000;

(32.1)   Of the funds appropriated above in subitem (32)(d), the Medical University of South Carolina shall collaborate with the Clemson Sullivan Health Center's mobile unit to provide services.

(33)   H53 - Area Health Education Consortium

Office of Healthcare Workforce and

Analysis Planning   $   200,000;

(34)   H79 - Department of Archives and History

(a)   Digital Access and Storage Initiative Operations   $   345,952;

(b)   Marine Artifacts   $   220,000;

(34.1)   Of the funds appropriated above in subitem (34)(b), the Department of Archives and History shall transfer these funds to the Institute of Archeology and Anthropology at the University of South Carolina.

(35)   H95 - State Museum Commission

(a)   Acquisitions   $   200,000;

(b)   Information Technology   $   75,000;

(36)   J02 - Department of Health and Human Services

(a)   Medicaid Program (MOE)   $   22,000,000;

(b)   Medical Contracts   $   650,000;

(c)   Palmetto Project   $   100,000;

(37)   J12 - Department of Mental Health

Waccamaw Center for Mental Health   $   167,000;

(37.1)   Of the funds appropriated above in item (37), the Department of Mental Health shall allocate these funds to the Waccamaw Center for Mental Health for the training of clinicians and for the purchase of materials and assessment tools in diagnosing and treating BPD and Youth in Transition in the coastal areas and throughout the state.

(38)   J16 - Department of Disabilities and Special Needs

(a)   Lander University Therapeutic Equestrian


Printed Page 4396 . . . . . Wednesday, June 4, 2014

Center - Burton Center   $   300,000;

(b)   Autism Services   $   1,150,000;

(c)   Special Needs Park - Savannah's Playground

- Myrtle Beach   $   200,000;

(d)   Charles Lea Center   $   100,000;

(39)   J20 - Department of Alcohol and Other Drug Abuse Services

(a)   Keystone - Alcohol and Drug Abuse Capital

Improvement - Rock Hill   $   750,000;

(b)   Circle Park - Florence County - Alcohol and

Drug Abuse   $   200,000;

(c)   Phoenix Center - Serenity Place   $   750,000;

(40)   L04 - Department of Social Services

(a)   Phillis Wheatley Center - Let's Move Summer

Camp and After School Program   $   100,000;

(b)   Pendleton Place for Children   $   50,000;

(c)   Pleasant Valley Connection Community Center   $   25,000;

(d)   C. R. Neal Center   $   100,000;

(e)   Antioch Senior Center   $   150,000;

(41)   P16 - Department of Agriculture

Laboratory Equipment   $   375,000;

(42)   P26 - Sea Grants Consortium

Stormwater Research Partnership   $   100,000;

(43)   B04 - Judicial Department

(a)   Calhoun and Supreme Court Building Security   $   850,000;

(b)   Digital Court Room Equipment   $   210,000;

(c)   Disaster Recovery   $   3,000,000;

(44)   D10 - State Law Enforcement Division

(a)   Child Fatality   $   167,432;

(b)   Forensics   $   141,736;

(c)   Alcohol Enforcement   $   711,586;

(45)   E21 - Prosecution Coordination Commission

SC Center for Fathers and Families   $   400,000;

(46)   K05 - Department of Public Safety

(a)   Law Enforcement Vehicle Replacement   $   2,000,000;

(b)   Highway Patrol - Mobile Data Equipment   $   722,500;

(c)   Local Law Enforcement Grants   $   800,000


Printed Page 4397 . . . . . Wednesday, June 4, 2014

(47)   N04 - Department of Corrections

(a)   Camera Equipment and Network System

- Lee Correctional Institution   $   2,262,000;

(b)   Construction of Three Perimeter Towers

- Lieber Correctional Institution   $   450,000;

(c)   Weapons Replacement - Phase III   $   40,000;

(48)   P24 - Department of Natural Resources

(a)   Coastal and Offshore Mapping and

Water Monitoring   $   300,000;

(b)   Law Enforcement Vehicle Replacement   $   450,000;

(c)   Drill Rig/Water Truck   $   570,000;

(d)   Waddell Center Infrastructure   $   1,100,000;

(e)   License Term Conversion   $   2,700,000;

(f)   State Lakes   $   250,000;

(g)   Fort Johnson Boat Slip Dredging   $   175,000;

(h)   Water Study - Outreach   $   100,000;

(i)   Lake Paul A. Wallace Authority   $   150,000;

(48.1)   Of the funds appropriated above in subitem (48)(e), the Department of Natural Resources must use these funds to transition freshwater fishing and hunting licenses to 365 Day License expiration for annual licenses. It is the intent of the General Assembly for all or part of these funds to be paid back to the General Fund after the 365 Day License transition has occurred and the revenue has stabilized.

(49)   R36 - Department of Labor, Licensing, and Regulation

Urban Search and Rescue (USAR)   $   250,000;

(50)   E04 - Lieutenant Governor's Office

Caregivers   $   2,000,000;

(51)   E08 - Office of Secretary of State

Disaster Recovery Image Digitization - Phase II   $   97,800;

(52)   E24 - Office of Adjutant General

Major Projects and Repairs - State Armories   $   1,000,000;

(53)   F03 - Budget and Control Board

Cherry Grove Building Roof Repair   $   150,000;

(54)   U12 - Department of Transportation

(a)   Fripp Island Waterline   $   300,000;

(b)   City of Columbia Drainage System Study   $   300,000;

(54.1)   Of the funds appropriated above in subitem (54)(a), the


Printed Page 4398 . . . . . Wednesday, June 4, 2014

Department of Transportation shall transfer these funds to the Fripp Island Special Purpose District to replace waterline damaged by bridge replacement. These funds may be carried forward by the special purpose district to be used for the same purpose.

(55)   H91 - Arts Commission

SC Artisans Center   $   50,000;   and

(56)   E28 - Election Commission

Audit Consultant or Contractor   $   50,000.

(56.1)   The funds appropriated above in item (56) for an Audit Consultant or Contractor shall be utilized by the Election Commission to hire an external consultant or contractor to perform an audit of election processes and practices at the State Election Commission as well as processes and practices for elections at the statewide, county, municipal, and other local levels. The audit shall include, but not be limited to, transparency; independence; paper records; chain of custody and ballot accounting; risk limiting audits; addressing discrepancies and binding on official results. When selecting the consultant or contractor, the commission must follow the competitive bidding process as set forth in the State's Consolidated Procurement Code. These funds may not be transferred or used for any other purpose.

Unexpended funds appropriated pursuant to this subsection may be carried forward to succeeding fiscal years and expended for the same purposes.

(C)   The funds provided in this act for the Higher Education Efficiency, Effectiveness and Accountability Review shall be utilized by a thirteen member steering committee to procure, execute, and oversee implementation of the South Carolina Higher Education Efficiency, Effectiveness and Accountability Review. The committee shall serve as the primary client for the vendor selected to complete the review. When selecting the vendor, the committee must follow the competitive bidding process as set forth in the State's Consolidated Procurement Code. Appointments to the committee shall include:

(1)   the Speaker of the House of Representatives or his designee;

(2)   the Chairman of the House Ways and Means Committee or his designee;

(3)   the Majority Leader of the House of Representatives or his designee;

(4)   The Minority Leader of the House of Representatives or his designee;


Printed Page 4399 . . . . . Wednesday, June 4, 2014

(5)   the President Pro Tempore of the Senate or his designee;

(6)   the Chairman of the Senate Finance Committee or his designee;

(7)   the Majority Leader of the Senate or his designee;

(8)   the Minority Leader of the Senate or his designee;

(9)   the Governor or her designee;

(10)   the Executive Director of the Commission on Higher Education; and

(11)   a college or university president, a college or university trustee and a college or university chief financial officer, each selected by a majority vote of the Commission on Higher Education.

The committee shall notify institutions of the amount of the funds to be transferred to the committee to complete the review, and institutions shall transfer the funds. However, the committee may not request an amount from an institution that exceeds the amount provided to it in this act for this purpose.

To the extent that there are direct costs associated with implementation of the vendors recommendations, funds not utilized by the committee for the review shall be used by institutions to implement the vendor's recommendations. Further, any funds transferred to the committee from institutions, but not utilized by the committee for the review, must be transferred back to the institutions and shall only be used by the institutions for implementing vendor recommendations.

The committee shall deliver the vendor's initial findings and recommendations to the Governor and the General Assembly by February 1, 2015. Each institution is strongly encouraged to implement the recommendations identified by the review. It is the intent of the General Assembly that any savings realized from these reviews shall be retained by each institution.

The Commission on Higher Education, on behalf of the committee, must survey each institution that is provided funds in this act for the Higher Education Efficiency, Effectiveness and Accountability Review to determine if the institution has already undergone, is currently undergoing, or has contracted to undergo an internal or external performance improvement audit, operating efficiency study, or similar cost management review. The survey shall ascertain whether or not the review was internal or external, when the review was completed, when it will be completed (if ongoing), or when it anticipates it will begin (if already planned or contracted). The vendor name if an external review team or the composition of the review team, including their credentials,


Printed Page 4400 . . . . . Wednesday, June 4, 2014

if internal, must be included, as must the scope of the review and its cost. For institutions where a review has been completed, it must report the findings, recommendations, or action items that were identified by the review team, if any, including estimated cost savings associated with the items. Further, a listing of findings, recommendations or action items of the review team that have already been implemented by the institution, including cost savings or efficiencies that have been realized as a result, must be documented. Findings or recommendations made by the review team, but not yet implemented by the institution, if any, must be explained by the institution. Survey results must be provided by the Commission on Higher Education to the committee no later than August 1, 2014. After public discussion of the survey responses, the committee shall select the institutions for the review. The existence of any such review, either completed or ongoing, does not guarantee an exemption for an institution from this review. Exemptions, if any, either for an entire institution or component thereof can only be granted by the committee.

(D)   From the escrow account established pursuant to Proviso 90.13 of Act 310 of 2008, the remaining funds shall be used to offset any operating shortfalls resulting from the Barnwell Low Level Waste Facility operations in order to preserve the economic viability of the facility. The amount distributed to offset any operating shortfalls shall be determined by calculating the difference between the allowable operating costs plus adjustments as approved by the Public Service Commission, and the access fees paid by the Atlantic Compact generators. Funds remaining in the account to offset operating shortfalls shall also be used to maintain access fees to the facility for Fiscal Year 2014-15 at the Fiscal Year 2009-2010 level. There shall also be paid from the escrow account the annual dues of the Southern States Energy Board. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. WHITE explained the amendment.

The yeas and nays were taken resulting as follows:

Yeas 85; Nays 28

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Ballentine             Bannister              Barfield

Printed Page 4401 . . . . . Wednesday, June 4, 2014

Bingham                Branham                Brannon
G. A. Brown            R. L. Brown            Burns
Clemmons               Clyburn                Cobb-Hunter
H. A. Crawford         K. R. Crawford         Crosby
Delleney               Douglas                Finlay
Funderburk             Gagnon                 Gambrell
George                 Gilliard               Goldfinch
Govan                  Hardee                 Hardwick
Harrell                Hart                   Hayes
Herbkersman            Hixon                  Hodges
Hosey                  Howard                 Huggins
Jefferson              King                   Knight
Loftis                 Lowe                   Lucas
Mack                   McEachern              M. S. McLeod
Merrill                Mitchell               D. C. Moss
Munnerlyn              R. L. Ott              Owens
Parks                  Patrick                Pitts
Pope                   Ridgeway               Riley
Rivers                 Robinson-Simpson       Rutherford
Sabb                   Sandifer               Simrill
Skelton                G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Southard               Spires                 Tallon
Taylor                 Thayer                 Vick
Weeks                  Wells                  Whipper
White                  Whitmire               Williams
Willis

Total--85

Those who voted in the negative are:

Atwater                Bedingfield            Bernstein
Chumley                Cole                   Edge
Erickson               Felder                 Forrester
Hamilton               Henderson              Hiott
Horne                  Limehouse              Long
McCoy                  W. J. McLeod           Murphy
Nanney                 Newton                 Norman
Quinn                  Ryhal                  Sellers

Printed Page 4402 . . . . . Wednesday, June 4, 2014

Stavrinakis            Stringer               Toole
Wood

Total--28

The amendment was then adopted.

Reps. SELLERS, MERRILL and BEDINGFIELD proposed the following Amendment No. 4A (Doc Name COUNCIL\DKA\ 4701C002.DKA.DG14.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 34, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 435, after line 35, by adding an appropriately numbered paragraph to read:
/ 34.___.   (DHEC: Certificate of Need Suspended)   In the current fiscal year, the provisions relating to the certificate of need program contained within Article 3, Chapter 7, Title 44 of the 1976 Code are suspended. Notwithstanding any provision to the contrary in Part 1A, no funds, regardless of source, may be expended to administer the certificate of need program.   /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SELLERS explained the amendment.
Rep. K. R. CRAWFORD spoke against the amendment.
Rep. MERRILL spoke in favor of the amendment.
Rep. G. M. SMITH spoke against the amendment.
Rep. BRANHAM spoke against the amendment.
Rep. W. J. MCLEOD spoke against the amendment.
Rep. EDGE spoke against the amendment.
Rep. BEDINGFIELD spoke in favor of the amendment.

Rep. K. R. CRAWFORD moved to table the amendment.

Rep. MERRILL demanded the yeas and nays which were taken, resulting as follows:

Yeas 80; Nays 26

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Bannister              Barfield               Bernstein

Printed Page 4403 . . . . . Wednesday, June 4, 2014

Branham                G. A. Brown            R. L. Brown
Clemmons               Clyburn                Cobb-Hunter
Cole                   H. A. Crawford         K. R. Crawford
Delleney               Edge                   Erickson
Forrester              Funderburk             Gagnon
Gambrell               George                 Gilliard
Goldfinch              Govan                  Hardwick
Harrell                Hart                   Hayes
Henderson              Herbkersman            Hiott
Hodges                 Horne                  Hosey
Howard                 Jefferson              King
Knight                 Loftis                 Long
Lucas                  Mack                   McEachern
M. S. McLeod           W. J. McLeod           Mitchell
D. C. Moss             Munnerlyn              Murphy
Newton                 Norrell                R. L. Ott
Owens                  Parks                  Pitts
Ridgeway               Riley                  Robinson-Simpson
Rutherford             Ryhal                  Sabb
Sandifer               Simrill                Skelton
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Stavrinakis            Tallon
Taylor                 Thayer                 Weeks
Wells                  Whipper                White
Whitmire               Williams

Total--80

Those who voted in the negative are:

Atwater                Ballentine             Bedingfield
Bingham                Brannon                Burns
Chumley                Crosby                 Daning
Hardee                 Hixon                  Huggins
Limehouse              Lowe                   McCoy
Merrill                Nanney                 Norman
Patrick                Pope                   Rivers

Printed Page 4404 . . . . . Wednesday, June 4, 2014

Sottile                Southard               Stringer
Toole                  Wood

Total--26

So, the amendment was tabled.

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on Amendment No. 4A to H. 4701, the General Appropriation Bill. If I had been present, I would have voted in favor of Amendment 4A.

Rep. Kirkman Finlay

Rep. MERRILL proposed the following Amendment No. 5A (Doc Name H:\LEGWORK\HOUSE\AMEND\H-WM\010\JM CON FEES.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 34, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 435, after line 35, by adding an appropriately numbered paragraph to read:
/   (DHEC: Certificate of Need Project or Equipment) During the current fiscal year, the department shall not expend any funds to and no person supported by state funds may take any enforcement action against a person or health care facility that undertook a project or purchase of equipment from June 28, 2013 until July 1, 2014, without obtaining a Certificate of Need, an exemption, or a non-applicability determination. if a person or healthcare facility provides written evidence of an undertaking or purchase during this period and makes a payment of applicable fees to the department on or before October 1, 2014, the department must waive the Certificate of Need requirements for that person or healthcare facility. The department shall collect the applicable fees to offset the cost of implementing this provision and provide an expedited waiver process for a person or healthcare facility that complies with this provision. This provision does not apply if a contested case has been requested or an appeal was in process concerning the same type of project or equipment purchase, if the project or equipment is to be located in the same service area as defined in the State Health Plan, so long as the appeal or contested case was initiated prior to June 28, 2013. /


Printed Page 4405 . . . . . Wednesday, June 4, 2014

Renumber sections to conform.
Amend totals and titles to conform.

Rep. MERRILL explained the amendment.
Rep. WHITE spoke against the amendment.
Rep. BINGHAM spoke in favor of the amendment.
Rep. QUINN spoke in favor of the amendment.
Rep. QUINN spoke in favor of the amendment.

Rep. SKELTON moved to table the amendment.

Rep. NORMAN demanded the yeas and nays which were taken, resulting as follows:

Yeas 66; Nays 49

Those who voted in the affirmative are:

Anderson               Bannister              Barfield
Bernstein              Bowen                  Bowers
Branham                G. A. Brown            R. L. Brown
Clemmons               Clyburn                Cobb-Hunter
H. A. Crawford         K. R. Crawford         Douglas
Erickson               Finlay                 Funderburk
Gagnon                 Gambrell               George
Gilliard               Goldfinch              Hardwick
Harrell                Hayes                  Herbkersman
Hodges                 Hosey                  Howard
King                   Knight                 Loftis
Long                   Lucas                  Mack
McEachern              M. S. McLeod           W. J. McLeod
Mitchell               Munnerlyn              Newton
Norrell                R. L. Ott              Owens
Parks                  Pitts                  Ridgeway
Riley                  Robinson-Simpson       Ryhal
Sabb                   Sandifer               Simrill
Skelton                G. M. Smith            J. E. Smith
J. R. Smith            Spires                 Thayer
Weeks                  Wells                  Whipper
White                  Whitmire               Williams

Total--66


Printed Page 4406 . . . . . Wednesday, June 4, 2014

Those who voted in the negative are:

Alexander              Allison                Atwater
Ballentine             Bedingfield            Bingham
Brannon                Burns                  Chumley
Cole                   Crosby                 Daning
Delleney               Edge                   Felder
Forrester              Govan                  Hamilton
Hardee                 Hart                   Henderson
Hiott                  Hixon                  Horne
Huggins                Jefferson              Limehouse
Lowe                   McCoy                  Merrill
D. C. Moss             Murphy                 Nanney
Norman                 Patrick                Pope
Quinn                  Rivers                 Rutherford
Sellers                G. R. Smith            Sottile
Southard               Stavrinakis            Stringer
Tallon                 Taylor                 Toole
Wood

Total--49

So, the amendment was tabled.

H. 4701--AMENDMENT NO. 5A--
MOTION TO RECONSIDER TABLED

Rep. J. E. SMITH moved to reconsider the vote whereby Amendment No. 5A was tabled.

Rep. J. E. SMITH moved to table the motion to reconsider, which was agreed to.

Rep. MERRILL proposed the following Amendment No. 7A (Doc Name H:\LEGWORK\HOUSE\AMEND\H-WM\001\HOU2RSICJM3. DOCX), which was adopted:
Amend the bill, as and if amended, Part IA, Section 98, RETIREMENT SYSTEM INVESTMENT COMMISSION, by amending amendment 1A Sub, bearing doc. no. H:/legwork\house\amend\h-wm\001\hou2 base amendment.docx, page 10, by striking the amendments to /page 290, lines 3, 8-9, 10-11, and 24/ and inserting
/Amend the bill, as and if amended, Part IA, Section 98,


Printed Page 4407 . . . . . Wednesday, June 4, 2014

RETIREMENT SYSTEM INVESTMENT COMMISSION, page 290, line 3, opposite /Unclassified Positions/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

1,772,074
Amend the bill further, as and if amended, Section 98, RETIREMENT SYSTEM INVESTMENT COMMISSION, page 290, lines 6-7, opposite /Director of Research/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

150,000

(1.00)
Amend the bill further, as and if amended, Section 98, RETIREMENT SYSTEM INVESTMENT COMMISSION, page 290, lines, 8-9, opposite /Senior Investment Officer/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

110,000

(1.00)
Amend the bill further, as and if amended, Section 98, RETIREMENT SYSTEM INVESTMENT COMMISSION, page 290, lines, 10-11, opposite /Investment Officer/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

140,000

(2.00)
Amend the bill further, as and if amended, Section 98, RETIREMENT SYSTEM INVESTMENT COMMISSION, page 290, lines, 12-13, opposite /Senior Applications Analyst/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

100,000

(1.00)
Amend the bill further, as and if amended, Section 98, RETIREMENT SYSTEM INVESTMENT COMMISSION, page 290, line, 17, opposite /Other Operating Expenses/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

7,926
Amend the bill further, as and if amended, Section 98, RETIREMENT SYSTEM INVESTMENT COMMISSION, page 290,


Printed Page 4408 . . . . . Wednesday, June 4, 2014

line, 24, opposite /Employer Contributions/ by decreasing the amount(s) in Column 5 by:

Column 5   Column 6

320,000   /
Renumber sections to conform.
Amend totals and titles to conform.

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

The Senate Amendments were amended, and the Bill was ordered returned to the Senate.

STATEMENT FOR THE JOURNAL

I abstained from voting on Amendments 4A and 5A to H. 4701, due to a potential conflict of interest.

Rep. Mark Willis

H. 4702--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 4702 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2013-2014, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.

Reps. WHITE, BINGHAM, HERBKERSMAN, LIMEHOUSE, MERRILL, M.A. PITTS, SIMRILL, G. M. SMITH, and J. R. SMITH proposed the following Amendment No. 1A (Doc Name H:\LEGWORK\HOUSE\AMEND\H-WM\001\HOU2 CRF BASE AMENDMENT.DOCX), which was adoped:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2013-2014, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS


Printed Page 4409 . . . . . Wednesday, June 4, 2014

AND EXPENDED FOR THE SAME PURPOSES.

Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION   1.   In accordance with the provisions of Section 36(B)(2) and (3), Article III, Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for Fiscal Year 2013-2014 the following amounts:

(1)   F03 - Budget and Control Board

Implement Statewide IT Security

Recommendations (Deloitte)   $   4,300,000

(2)   R44 - Department of Revenue

Identity and Credit Protection

Services                   $3,000,000

(3)   R44 - Department of Revenue

Tax Processing System (COTS)   $   12,000,000

(4)   H63 - Department of Education

School Bus Lease/Purchase   $   14,500,000

(5)   H63 - Department of Education

Transportation         $   2,000,000

(6)   H71 - Wil Lou Gray Opportunity School

Campus Infrastructure, Asbestos

Mitigation, and Cybersecurity   $   350,000

(7)   P32 - Department of Commerce

Deal Closing Fund   $   24,953,905

(8)   P32 - Department of Commerce

Locate SC Site Inventory   $   6,500,000

(9)   P32 - Department of Commerce

Research Initiatives   $   4,000,000

(10)   H59 - State Board for Technical

and Comprehensive Education

CATT Program/ReadySC   $   5,438,000

(11)   H59 - State Board for Technical

and Comprehensive Education

Trident Tech - Aerospace   $   10,000,000

(12)   H59 - State Board for Technical

and Comprehensive Education

Central Carolina Tech - Kershaw

Campus                   $   655,487

(13)   J04 - Department of Health and


Printed Page 4410 . . . . . Wednesday, June 4, 2014

Environmental Control

Pinewood Hazardous Waste

Disposal Site         $   2,000,000

(14)   J12 - Department of Mental Health

Electronic Medical Records   $   2,250,000

(15)   H73 - Vocational Rehabilitation

Facility Improvements   $   2,000,000

(16)   P12 - Forestry Commission

Firefighting Equipment   $   2,000,000

(17)   P16 - Department of Agriculture

Metrology Laboratory - Site

Preparation and Construction   $   2,880,000

(18)   P20 - Clemson University PSA

Agriculture and Natural

Resources Equipment   $   3,000,000

(19)   N20 - Law Enforcement Training Council

Driving Range Resurfacing   $   450,000

(20)   N20 - Law Enforcement Training Council

Studio Upgrade       $   388,000

(21)   N20 - Law Enforcement Training Council

Intoximeters             $   175,000

(22)   N20 - Law Enforcement Training Council

Dining Hall Roof/Air Handler   $   220,500

(23)   R40 - Department of Motor Vehicles

Rapid Response Emergency Vehicles   $   444,000

(24)   E24 - Office of Adjutant General

Sumter Female Latrine

(Deferred from FY 12-13)   $   17,500

(25)   E24 - Office of Adjutant General

Florence Parking

(Deferred from FY 12-13)   $   60,000

(26)   E24 - Office of Adjutant General

Myrtle Beach Roof Phase I

(Deferred from FY 12-13)   $   60,000

(27)   E24 - Office of Adjutant General

Saluda IFR Lead Abatement

(Deferred from FY 12-13)   $   12,500

(28)   E24 - Office of Adjutant General

Hemingway Roof Replacement Phase I

(Deferred from FY 13-14)   $   75,000

(29)   E24 - Office of Adjutant General


Printed Page 4411 . . . . . Wednesday, June 4, 2014

Hemingway Windows and Doors

(Deferred from FY 13-14)   $   50,000

(30)   E24 - Office of Adjutant General

Georgetown Roof Repairs

(Deferred from FY 13-14)   $   75,000

(31)   E24 - Office of Adjutant General

Florence Roof Replacement Phase I

(Deferred from FY 13-14)   $   75,000

(32)   E24 - Office of Adjutant General

Dillon HVAC Replacement

(Deferred from FY 13-14)   $   50,000

(33)   E24 - Office of Adjutant General

Barnwell Windows and Doors

(Deferred from FY 13-14)   $   75,000

(34)   E24 - Office of Adjutant General

Conway Windows and Doors

(Deferred from FY 13-14)   $   40,000

(35)   E24 - Office of Adjutant General

Saluda Roof Replacement Phase I

(Deferred from FY 13-14)   $   75,000

(36)   E24 - Office of Adjutant General

Graniteville HVAC, Doors

and Windows

(Deferred from FY 13-14)   $   87,500

(37)   E24 - Office of Adjutant General

Greenville Site and Grounds Repair

(Deferred from FY 13-14)   $   60,000

(38)   E24 - Office of Adjutant General

Edgefield Roof Replacement Phase I

(Deferred from FY 13-14)   $   75,000

(39)   E24 - Office of Adjutant General

Conway Armory Site and Grounds

(Deferred from FY 13-14)   $   60,000

(40)   E24 - Office of Adjutant General

Greer Roof Replacement Phase I

(Deferred from FY 13-14)   $   75,000

(41)   E24 - Office of Adjutant General

Chester Roof Repairs

(Deferred from FY 13-14)   $   60,000

(42)   E24 - Office of Adjutant General

Greenwood HVAC, Plumbing,


Printed Page 4412 . . . . . Wednesday, June 4, 2014

Windows and Doors

(Deferred from FY 13-14)   $   75,000

(43)   E24 - Office of Adjutant General

Easley Roof Replacement Phase I

(Deferred from FY 13-14)   $   75,000

(44)   E24 - Office of Adjutant General

Manning Roof Repairs

(Deferred from FY 13-14)   $   50,000

(45)   E24 - Office of Adjutant General

Barnwell HVAC and Latrine

Renovations

(Deferred from FY 14-15)   $   50,000

(46)   U30 - Division of Aeronautics

Apron and Taxiway Rehab   $   750,000

(47)   P28 - Department of Parks,

Recreation and Tourism

Myrtle Beach State Park

Phase II Sewer Repairs   $   3,000,000

(48)   P28 - Department of Parks,

Recreation and Tourism

Sesquicentennial State Park

Splash Pad             $   500,000

(49)   P28 - Department of Parks,

Recreation and Tourism

State Park Asbestos Abatement

and Mold Removal - Phase II   $   400,000

(50)   Y14 - State Ports Authority

Georgetown Port - Dredging   $   2,400,000

(51)   F03 - Budget and Control Board

Statewide Voting System   $   1,000,000

(52)   U12 - Department of Transportation

Upstate Salt Shed   $   480,000

(53)   U20 - County Transportation Funds

Allocation to Counties   $   1,500,000

$   114,867,392
SECTION   2.   Funds appropriated above in Section 1, Item (9) to the Department of Commerce shall be used to fund, upon approval of the Secretary of Commerce and the Coordinating Council for Economic Development, partnerships between the Department of Commerce, higher education institutions, either collectively or individually, and South Carolina-based industry with significant investment in the state.


Printed Page 4413 . . . . . Wednesday, June 4, 2014

These partnerships shall be in Distribution and Logistics Sciences, or any other science, technology, research, development, or industry that creates well-paying jobs and enhanced economic opportunities for the State as determined by the Secretary of Commerce. Unexpended funds shall be carried forward from the prior fiscal year into the current fiscal year and may be used for the same purpose or to fund economic development projects.
SECTION   3.   Funds appropriated above in Section 1, Item (13) are to be used solely for the purpose of maintaining the Pinewood Landfill. These funds are not subject to across the board budget cuts, nor can they be transferred to other agency programs. At the end of the fiscal year, any remaining balance must be transferred to the Hazardous Waste Permitted Site Fund and cannot be used for any other purpose. By July fifteenth of each year, the Department of Health and Environmental Control shall submit a report to the Chairman of the Senate Finance Committee and to the Chairman of the House Ways and Means Committee itemizing spending from any source by the department for the operation of the Pinewood Landfill during the prior fiscal year.
SECTION   4.   Funds appropriated above in Section 1, Item (50) to the State Ports Authority shall be placed in the Georgetown Port Maintenance Dredging Fund.
SECTION   5.   The $1,000,000 appropriated in item 51 to the Budget and Control Board for a new statewide voting system shall be held by the board until such time as a new voting system with a verifiable paper trail is necessary and is available for purchase by the State Election Commission. Prior to purchase of a new voting system, federal approval of new voting system standards must be obtained. Upon approval of the system, the funds held by the Budget and Control Board shall be transferred to the State Election Commission. These funds shall be carried forward from the prior fiscal year into the current fiscal year and shall not be used for any other purpose by the Budget and Control Board or by the State Election Commission.
SECTION   6.   The Comptroller General shall post the appropriations contained in this joint resolution as provided in Section 11-11-320(D) of the 1976 Code. Unexpended funds appropriated pursuant to this joint resolution may be carried forward to succeeding fiscal years and expended for the same purposes.
SECTION   7.   This joint resolution takes effect thirty days after the completion of the 2013-2014 Fiscal Year in accordance with the provisions of Section 36(B)(3)(a), Article III, Constitution of South


Printed Page 4414 . . . . . Wednesday, June 4, 2014

Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code. /
Renumber items and sections to conform.
Amend totals and titles to conform.

Rep. WHITE explained the amendment.

The yeas and nays were taken resulting as follows:

Yeas 111; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Atwater                Ballentine             Barfield
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
Edge                   Erickson               Felder
Finlay                 Forrester              Funderburk
Gagnon                 Gambrell               Gilliard
Goldfinch              Govan                  Hamilton
Hardee                 Hardwick               Harrell
Hart                   Hayes                  Henderson
Herbkersman            Hiott                  Hixon
Hodges                 Horne                  Hosey
Howard                 Huggins                Jefferson
King                   Knight                 Limehouse
Loftis                 Long                   Lowe
Lucas                  Mack                   McCoy
McEachern              M. S. McLeod           W. J. McLeod
Merrill                Mitchell               D. C. Moss
Munnerlyn              Murphy                 Nanney
Newton                 Norman                 Norrell
R. L. Ott              Owens                  Parks
Patrick                Pitts                  Pope
Quinn                  Ridgeway               Riley
Rivers                 Robinson-Simpson       Rutherford
Ryhal                  Sabb                   Sandifer
Sellers                Simrill                Skelton
G. M. Smith            G. R. Smith            J. E. Smith

Printed Page 4415 . . . . . Wednesday, June 4, 2014

J. R. Smith            Sottile                Southard
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Toole                  Weeks                  Wells
Whipper                White                  Whitmire
Williams               Willis                 Wood

Total--111

Those who voted in the negative are:

Total--0

The amendment was then adopted.

The Senate Amendments were amended, and the Joint Resolution was ordered returned to the Senate.

Rep. HODGES moved that the House recede until 3:15 p.m., which was agreed to.

THE HOUSE RESUMES

At 3:15 p.m. the House resumed, ACTING SPEAKER R. L. OTT 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. MURPHY a leave of absence for the remainder of the day.

RECURRENCE TO THE MORNING HOUR

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


Printed Page 4416 . . . . . Wednesday, June 4, 2014

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2014
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 459:

S. 459 (Word version) -- Senators Sheheen, Rankin, Alexander and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-55, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON WHO HOLDS A BEGINNER'S PERMIT OR A RESTRICTED DRIVER'S LICENSE TO DRIVE A MOTOR VEHICLE WHILE USING A CELLULAR TELEPHONE OR TEXT MESSAGING DEVICE; AND TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO DRIVE A MOTOR VEHICLE THROUGH A SCHOOL ZONE WHILE USING A CELLULAR TELEPHONE OR TEXT MESSAGING DEVICE WHEN THE SCHOOL ZONE'S WARNING LIGHTS HAVE BEEN ACTIVATED.

Very Respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., June 4, 2014
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Massey, Allen and Thurmond of the Committee of Conference on the part of the Senate on H. 4560:

H. 4560 (Word version) -- Reps. G. M. Smith and Weeks: A BILL TO AMEND SECTION 17-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESTRUCTION OR EXPUNGEMENT OF CERTAIN ARREST AND BOOKING RECORDS UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE FOR THE RETENTION OF EVIDENCE GATHERED, INCIDENT REPORTS, AND INVESTIGATIVE FILES PRODUCED AS A RESULT OF A LAW ENFORCEMENT ACTION, TO


Printed Page 4417 . . . . . Wednesday, June 4, 2014

PROVIDE THAT THESE MATERIALS ARE NOT SUBJECT TO AN EXPUNGEMENT ORDER, AND AUTHORIZE REDACTION OF CERTAIN INFORMATION FOLLOWING A NO CONVICTION DISPOSITION OF THE CRIMINAL CHARGE.

Very respectfully,
President
Received as information.

S. 825--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., June 4, 2014
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments and has appointed Senators Alexander, Davis and Malloy of the Committee of Conference on the part of the Senate on S. 825:

S. 825 (Word version) -- Senators Alexander and Davis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 3-1-40 SO AS TO EXEMPT FROM AD VALOREM TAXATION ANY REAL PROPERTY LOCATED WITHIN A MILITARY BASE OR INSTALLATION THAT IS USED OR OWNED BY THE UNITED STATES ARMED FORCES AND IS USED AS MILITARY HOUSING FOR MILITARY AFFILIATED PERSONNEL AND THEIR FAMILIES EVEN IF THE REAL PROPERTY IS IMPROVED, MAINTAINED, OR LEASED TO A PARTY THAT WOULD OTHERWISE SUBJECT THE REAL PROPERTY TO TAX, SO LONG AS THERE IS A CONTRACTUAL AGREEMENT REQUIRING THE LESSEE TO USE THE PROPERTY FOR MILITARY HOUSING.

Very respectfully,
President
Received as information.

Whereupon, the Chair appointed Reps. G. M. SMITH, LIMEHOUSE and J. E. SMITH to the Committee of Conference on the


Printed Page 4418 . . . . . Wednesday, June 4, 2014

part of the House and a message was ordered sent to the Senate accordingly.

HOUSE RESOLUTION

The following was introduced:

H. 5366 (Word version) -- Rep. Williams: A HOUSE RESOLUTION TO HONOR THE REVEREND JACKIE BOYD OF CENTER BAPTIST CHURCH IN DARLINGTON ON THE OCCASION OF HIS TWENTY-SEVENTH ANNIVERSARY OF GOSPEL MINISTRY AT CENTER BAPTIST 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. 5367 (Word version) -- Rep. Knight: A HOUSE RESOLUTION TO CELEBRATE THE LIFE OF MARY GRACE INFINGER PETERS OF HARLEYVILLE AND TO HONOR HER STRONG COMMITMENT TO FAMILY AND COMMUNITY.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5369 (Word version) -- Rep. Hardee: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND GOOD HOPE BAPTIST CHURCH IN HORRY COUNTY FOR ITS MEANINGFUL MINISTRY IN THE CONWAY COMMUNITY AND TO CONGRATULATE THE MEMBERS OF ITS CONGREGATION UPON THE CELEBRATION OF THE ONE HUNDRED FIFTIETH ANNIVERSARY OF THE CHURCH.

The Resolution was adopted.


Printed Page 4419 . . . . . Wednesday, June 4, 2014

INTRODUCTION OF BILL

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

H. 5368 (Word version) -- Reps. Finlay, Bannister, Huggins, Lucas and Wood: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO ETHICS AND GOVERNMENT ACCOUNTABILITY, SO AS TO REVISE THE DEFINITION OF "BUSINESS WITH WHICH HE IS ASSOCIATED"; AND TO AMEND SECTION 8-13-1120, RELATING TO CONTENTS OF STATEMENTS OF ECONOMIC INTERESTS, SO AS TO REVISE THE FORM AND REQUIRED CONTENTS OF STATEMENTS OF ECONOMIC INTERESTS.
Referred to Committee on Judiciary

S. 459--CONFERENCE REPORT ADOPTED

S. 459--Conference Report
The General Assembly, Columbia, S.C., June 3, 2014

The COMMITTEE OF CONFERENCE, to whom was referred:
S. 459 (Word version) -- Senators Sheheen, Rankin, Alexander, and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-55, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON WHO HOLDS A BEGINNER'S PERMIT OR A RESTRICTED DRIVER'S LICENSE TO DRIVE A MOTOR VEHICLE WHILE USING A CELLULAR TELEPHONE OR TEXT MESSAGING DEVICE; AND TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO DRIVE A MOTOR VEHICLE THROUGH A SCHOOL ZONE WHILE USING A CELLULAR TELEPHONE OR TEXT MESSAGING DEVICE WHEN THE SCHOOL ZONE'S WARNING LIGHTS HAVE BEEN ACTIVATED.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/   SECTION   1.   Article 31, Chapter 5, Title 56 of the 1976 Code is amended by adding:


Printed Page 4420 . . . . . Wednesday, June 4, 2014

"Section 56-5-3890.   (A)   For purposes of this section:

(1)   'Hands-free wireless electronic communication device' means an electronic device, including, but not limited to, a telephone, a personal digital assistant, a text messaging device, or a computer, which allows a person to wirelessly communicate with another person without holding the device in either hand by utilizing an internal feature or function of the device, an attachment, or an additional device. A hands-free wireless electronic communication device may require the use of either hand to activate or deactivate an internal feature or function of the device.

(2)   'Text-based communication' means a communication using text-based information, including, but not limited to, a text message, an SMS message, an instant message, or an electronic mail message.

(3)   'Wireless electronic communication device' means an electronic device, including, but not limited to, a telephone, a personal digital assistant, a text messaging device, or a computer, which allows a person to wirelessly communicate with another person.

(B)   It is unlawful for a person to use a wireless electronic communication device to compose, send, or read a text-based communication while operating a motor vehicle on the public streets and highways of this State.

(C)   This section does not apply to a person who is:

(1)   lawfully parked or stopped;

(2)   using a hands-free wireless electronic communication device;

(3)   summoning emergency assistance;

(4)   transmitting or receiving data as part of a digital dispatch system;

(5)   a public safety official while in the performance of the person's official duties; or

(6)   using a global positioning system device or an internal global positioning system feature or function of a wireless electronic communication device for the purpose of navigation or obtaining related traffic and road condition information.

(D)(1)   A person who is adjudicated to be in violation of the provisions of this section must be fined not more than twenty-five dollars, no part of which may be suspended. No court costs, assessments, or surcharges may be assessed against a person who violates a provision of this section. A person must not be fined more than fifty dollars for any one incident of one or more violations of the provisions of this section. A custodial arrest for a violation of this section must not be made, except upon a warrant issued for failure to


Printed Page 4421 . . . . . Wednesday, June 4, 2014

appear in court when summoned or for failure to pay an imposed fine. A violation of this section does not constitute a criminal offense. Notwithstanding Section 56-1-640, a violation of this section must not be:

(a)   included in the offender's motor vehicle records maintained by the Department of Motor Vehicles or in the criminal records maintained by SLED; or

(b)   reported to the offender's motor vehicle insurer.

(2)   During the first one hundred eighty days after this section's effective date, law enforcement officers shall issue only warnings for violations of this section.

(E)   A law enforcement officer shall not:

(1)   stop a person for a violation of this section except when the officer has probable cause that a violation has occurred based on the officer's clear and unobstructed view of a person who is using a wireless electronic communication device to compose, send, or read a text-based communication while operating a motor vehicle on the public streets and highways of this State;

(2)   seize, search, view, or require the forfeiture of a wireless electronic communication device because of a violation of this section;

(3)   search or request to search a motor vehicle, driver, or passenger in a motor vehicle, solely because of a violation of this section; or

(4)   make a custodial arrest for a violation of this section, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine.

(F)   The Department of Public Safety shall maintain statistical information regarding citations issued pursuant to this section.

(G)   This section preempts local ordinances, regulations, and resolutions adopted by municipalities, counties, and other local government entities regarding persons using wireless electronic communication devices while operating motor vehicles on the public streets and highways of this State."

SECTION   2.   This act takes effect upon approval by the Governor. /

Amend title to conform.

Sen. Luke A. Rankin               Rep. Phillip D. Owens
Sen. Vincent A. Sheheen           Rep. Joseph S. Daning
Sen. A. Shane Massey              Rep. Lester P. Branham, Jr.
On Part of the Senate.            On Part of the House.


Printed Page 4422 . . . . . Wednesday, June 4, 2014

Rep. OWENS explained the Conference Report.

The yeas and nays were taken resulting as follows:

Yeas 94; Nays 2

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Atwater                Ballentine             Bannister
Bernstein              Bingham                Bowen
Branham                Brannon                G. A. Brown
R. L. Brown            Burns                  Chumley
Clemmons               Clyburn                Cobb-Hunter
Cole                   K. R. Crawford         Crosby
Daning                 Delleney               Douglas
Edge                   Erickson               Felder
Finlay                 Forrester              Funderburk
Gagnon                 Gambrell               Goldfinch
Hamilton               Hardee                 Hardwick
Harrell                Hayes                  Henderson
Herbkersman            Hiott                  Hixon
Hodges                 Hosey                  Huggins
Jefferson              Knight                 Loftis
Long                   Lucas                  Mack
McCoy                  M. S. McLeod           W. J. McLeod
Merrill                D. C. Moss             V. S. Moss
Munnerlyn              Nanney                 Newton
Norman                 Norrell                R. L. Ott
Owens                  Patrick                Pitts
Pope                   Ridgeway               Riley
Rivers                 Robinson-Simpson       Ryhal
Sabb                   Sandifer               Sellers
Simrill                Skelton                G. R. Smith
J. R. Smith            Sottile                Southard
Spires                 Stavrinakis            Tallon
Taylor                 Thayer                 Toole
Vick                   Wells                  Whipper
White                  Whitmire               Willis
Wood

Total--94


Printed Page 4423 . . . . . Wednesday, June 4, 2014

Those who voted in the negative are:

Bedingfield            Lowe

Total--2

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

STATEMENT BY REPS. HERBKERSMAN AND ERICKSON

Reps. HERBKERSMAN and ERICKSON made a statement relative to Rep. PATRICK'S service in the House.

STATEMENT BY REP. PATRICK

Rep. PATRICK made a statement relative to his service in the House.

STATEMENT BY REP. HIOTT

Rep. HIOTT made a statement relative to Rep. SKELTON'S service in the House.

STATEMENT BY REP. SKELTON

Rep. SKELTON made a statement relative to his service in the House.

STATEMENT BY REP. CLEMMONS

Rep. CLEMMONS made a statement relative to Rep. BARFIELD'S service in the House.

STATEMENT BY REP. BARFIELD

Rep. BARFIELD made a statement relative to his service in the House.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5351 (Word version) -- Reps. Barfield, Hardwick, H. A. Crawford, Ryhal, Hardee, Anderson, Clemmons, George, Edge and Hayes: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR


Printed Page 4424 . . . . . Wednesday, June 4, 2014

THE HORRY COUNTY VETERANS AFFAIRS DEPARTMENT, VETERANS AFFAIRS SERVICE OFFICER WENDELL ALLEN, AND VETERANS AFFAIRS DEPUTY SERVICE OFFICER TABITHA BARFIELD FOR THE OUTSTANDING SERVICE THEY PROVIDE TO HORRY COUNTY'S VETERANS AND THEIR FAMILIES.

H. 5361 (Word version) -- Reps. Clemmons, Barfield, H. A. Crawford, Hardwick, Hardee, Ryhal, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clyburn, Cobb-Hunter, Cole, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, 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, Norrell, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A CONCURRENT RESOLUTION TO CONGRATULATE BRAD DEAN, PRESIDENT AND CEO OF THE MYRTLE BEACH AREA CONVENTION AND VISITORS BUREAU/CHAMBER OF COMMERCE, ON BEING APPOINTED BY U.S. SECRETARY OF COMMERCE PENNY PRITZKER TO THE TRAVEL AND TOURISM ADVISORY BOARD.

ADJOURNMENT

At 5:26 p.m. the House, in accordance with the motion of Rep. HOSEY, adjourned in memory of John Gannie Creech, Jr., of Liberty, to meet at 10:00 a.m. tomorrow.

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