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

Tuesday, February 4, 2014
(Statewide Session)


Printed Page 618 . . . . . Tuesday, February 4, 2014

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Psalm 90:17: "Let the favor of the Lord of God be upon us, and prosper the work of our hands, O prosper the work of our hands."
Let us pray. Our God, most holy and merciful, have mercy on us and hear us as we pray. Inspire these Representatives to give of the gifts you have given to them. Inspire them to prosper in the work You have gifted them to do for the people of this State. Grant Your blessings on our Nation, President, State, Governor, Speaker, staff, and all who work for the good of the people. Protect our defenders of freedom, at home and abroad, as they protect us. Heal the wounds, those seen and those hidden, of our brave warriors. Lord, in Your mercy, hear our prayer. Amen.

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

After corrections to the Journal of the proceedings of Friday, January 24, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. SOTTILE moved that when the House adjourns, it adjourn in memory of former Representative John Graham Altman III of Charleston, which was agreed to.

COMMUNICATION

The following was received:

SC BUDGET AND CONTROL BOARD
State Budget Division

January 31, 2014
The Honorable Robert W. Harrell, Jr.


Printed Page 619 . . . . . Tuesday, February 4, 2014

Speaker of the House
506 Blatt Building
Columbia, SC 29201

Dear Mr. Speaker:

Our office has been notified that South Carolina State University may end the year with a deficit largely due a decline of student enrollment. The projected operating deficit at this time is estimated by the agency to be $4.4 million with a cash deficiency of $13 million. Attached is the letter from President Elzey outlining the University's financial position. Staff will be meeting with SC State University Officials in the next two weeks.

A letter has been sent to President Elzey requesting a written plan within 14 days detailing the University's plans to minimize or eliminate the projected shortfall. We will work with SC State University to secure information to monitor revenues and expenditures throughout the year.

This letter is sent in compliance with Proviso 118.12 which requires our office to provide written notice to each member of the General Assembly upon notification of a potential agency deficit. If you should have any questions, please don't hesitate to call me.

Sincerely,
Les Boles

SOUTH CAROLINA STATE UNIVERSITY

January 24, 2014
Les Boles
Director, State Budget Division
State Budget and Control Board
1205 Pendleton Street, Suite 529
Columbia, South Carolina 29201

Re:   Deficit Monitoring Review Report, FY 2013-14

South Carolina State University

Dear Mr. Boles:

Please allow this letter to serve as South Carolina State University's response to your letter of January 16, 2014, inquiring into whether the University anticipates it will close the fiscal year within


Printed Page 620 . . . . . Tuesday, February 4, 2014

existing financial resources. Due primarily to declining student enrollment as well as other factors outlined in this letter, the University does not expect to close the 2013-14 fiscal year within its existing financial resources.

The realization that the University was facing significant financial headwinds occurred shortly before the beginning of the 2013-2014 academic year when the University determined that its previous projections for student enrollment of approximately 3500 students were not materializing and that, in fact, as of July 2013, projected student enrollment would be closer to 3000, the result of which would have likely resulted in a $15 million Dollar deficit for FY 2013-14.

The University acted immediately to address the looming enrollment shortfall by (1) performing a thorough assessment of its enrollment/recruitment initiatives, (2) hiring additional staff to aggressively recruit both in-state and out-of-state students, and (3) successfully petitioning the University's Foundation and Alumni Association to contribute funds to financially-strapped students who would not have enrolled but for these funds. The University's aggressive response to the student enrollment crisis was a success. The University enrolled 3,400 students for the Fall 2013 semester and effectively reduced the projected deficit from $15 to $9 million Dollars.

Since the start of the 2013-14 academic year, the University has continued to take the necessary steps to reduce its FY 2013-14 expenditures by (1) increasing tuition and fees, (2) reducing staff through the elimination of approximately 90 positions, (3) delaying the hiring of new personnel, (4) increasing fundraising and unrestricted gifts, and (5) shifting $500,000 in deferred maintenance costs to the Federal Title III Program. These actions further reduced the projected deficit of $9 million by another $4.6 million, leaving a current projected deficit for FY 2013-14 of $4.4 million.

Although the University's plan to increase student enrollment in 2013-14 and beyond has already paid dividends, other longstanding structural factors contributing to the expected current fiscal year shortfall remain. For one, expenditures for University operations are based upon student enrollment levels from 5 years ago, a time in which the number of enrolled students exceeded 4,800. Second, the University's debt level is $71 million (disproportionately higher than that of other institutions of comparable size), for which $7 million is allocated in the budget simply to service the $71 million debt. Third, the University can no longer rely on certain non­recurring revenues


Printed Page 621 . . . . . Tuesday, February 4, 2014

and expense reductions (i.e., vendor rebates, recovery of excess debt service) that were used to reduce, but not eliminate the deficit in FY 2012-13 and prior years, thereto, which had the effect of masking the serious structural deficit issues that existed and continue to exist at the University. Lastly, the University has been impacted by the same factors that many of its sister institutions have had to deal with: the cumulative effect of past reductions in state appropriations, changes in qualification criteria for federal Plus Loans and Pell Grants (changes that were particularly harmful to minority students and their parents' abilities to procure needed financial aid), and declining institutional scholarship dollars.

The prior year deficits and ongoing structural deficit has negatively affected the University's cash flow. The University started the current fiscal year (July 1, 2013) with outstanding accounts payable of $5.4 million and an outstanding loan of $2.3 million from SC State PSA funds that were used to cover the prior year expenses. In all, for Fiscal Year 2012-2013 the University's cash was deficient by $7.7 million. The projected cash deficiency through fiscal year 2013-2014 is $13 million and the University is seeking assistance to address this critical cash shortfall.

Last but not least, we are diligently at work on preparing the University's Strategic Management Plan that will further address the University's plan to operate within its existing financial resources in the years to come. We look forward to discussing the issues outlined in this letter and welcome your assistance in helping the University ensure that its fiscal house is in order so that we can provide a world-class education to the many deserving students here at South Carolina State University, the State's only public HBCU.

If you have any questions or concerns, please feel free to contact me or Col. (retired) James Openshaw, the Chief Financial Officer.

Sincerely,
Thomas J. Elzey
President

Received as information.


Printed Page 622 . . . . . Tuesday, February 4, 2014

CONFIRMATION OF APPOINTMENT

The following was received:

State of South Carolina
Office of the Governor

Columbia, S.C., January 30, 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 General Assembly and is, therefore, submitted for your consideration.

Statewide Appointment

State Ethics Commission
Term Commencing: June 30, 2010
Term Expiring: June 30, 2015
Seat: At Large
Vice: Mr. George Manley

Mr. Thomas Miller Galardi
140 Foxwood Drive
Aiken, South Carolina 29803

My very best,
Nikki R. Haley
Governor

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

CONFIRMATION OF APPOINTMENT

The following was received:

State of South Carolina
Office of the Governor

Columbia, S.C., January 30, 2014
Mr. Speaker and Members of the House of Representatives:


Printed Page 623 . . . . . Tuesday, February 4, 2014

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.

Statewide Appointment

State Ethics Commission
Term Commencing: June 30, 2011
Term Expiring: June 30, 2016
Seat: At Large
Vice: Philip Florence

Ms. Sherri A. Lydon
2530 Canterbury Road
Columbia, South Carolina 29204

My very best,
Nikki R. Haley
Governor

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

CONFIRMATION OF APPOINTMENT

The following was received:

State of South Carolina
Office of the Governor

Columbia, S.C., January 30, 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 General Assembly and is, therefore, submitted for your consideration.

Statewide Appointment

State Ethics Commission
Term Commencing: June 30, 2012
Term Expiring: June 30, 2017


Printed Page 624 . . . . . Tuesday, February 4, 2014

Seat: 7th Congressional District
Vice: Vacant Due to Redistricting

Ms. Julie S. Jeffords-Moose
1630 Cherokee Road
Florence, South Carolina 29501

My very best,
Nikki R. Haley
Governor

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

CONFIRMATION OF APPOINTMENT

The following was received:

State of South Carolina
Office of the Governor

Columbia, S.C., January 30, 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 General Assembly and is, therefore, submitted for your consideration.

Statewide Appointment

State Ethics Commission
Term Commencing: June 30, 2013
Term Expiring: June 30, 2018
Seat: 6th Congressional District
Vice: Priscilla Tanner

Ms. Regina H. Lewis
306 Woodhaven Road
Columbia, South Carolina 29203


Printed Page 625 . . . . . Tuesday, February 4, 2014

My very best,
Nikki R. Haley
Governor

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

CONFIRMATION OF APPOINTMENT

The following was received:

State of South Carolina
Office of the Governor

Columbia, S.C., January 30, 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 General Assembly and is, therefore, submitted for your consideration.

Statewide Appointment

State Ethics Commission
Term Commencing: June 30, 2013
Term Expiring: June 30, 2018
Seat: 2nd Congressional District
Vice: Ms. Kay Borhl

Mr. James H. Burns
570 Eagles Rest Drive
Chapin, South Carolina 29036

My very best,
Nikki R. Haley
Governor

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


Printed Page 626 . . . . . Tuesday, February 4, 2014

CONFIRMATION OF APPOINTMENT

The following was received:

State of South Carolina
Office of the Governor

Columbia, S.C., January 30, 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 General Assembly and is, therefore, submitted for your consideration.

Statewide Appointment

State Ethics Commission
Term Commencing: June 30, 2013
Term Expiring: June 30, 2018
Seat: 3rd Congressional District
Vice: E. Kay Beirmann Brohl

Mr. Clisby "Sandy" P. Templeton
1337 Millrock Church Road
Gray Court, South Carolina 29645

My very best,
Nikki R. Haley
Governor

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

INVITATIONS

On motion of Rep. BARFIELD, with unanimous consent, the following were taken up for immediate consideration and accepted:

January 28, 2014
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201


Printed Page 627 . . . . . Tuesday, February 4, 2014

Dear Chairman Barfield:

On behalf of the South Carolina Arts Alliance, the Members of the House of Representatives are invited to a Legislative Luncheon. This event will be held on Tuesday, February 4, 2014, from 12:00 p.m. to 2:00 p.m. at the Capital City Club.

Sincerely,
Betty J. Plumb, Executive Director
South Carolina Arts Alliance

January 28, 2014
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Barfield:

On behalf of the South Carolina Supreme Court Justices, Court of Appeals Judges, Circuit Court Judges, Family Court Judges and Masters-in-Equity, the Members of the House of Representatives are invited to a Legislative Reception. This event will be held on Tuesday, February 4, 2014, from 6:00 p.m. to 8:00 p.m. at the Clarion Hotel.

Sincerely,
Judge Paul M. Burch

January 28, 2014
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Barfield:

On behalf of the South Carolina Beer Wholesalers Association, the Members and staff of the House of Representatives are invited to a Legislative Reception. This event will be held on Tuesday, February 4, 2014, from 7:00 p.m. to 9:00 p.m. at the office of the South Carolina Beer Wholesalers at the Stone River Restaurant in West Columbia, South Carolina.


Printed Page 628 . . . . . Tuesday, February 4, 2014

Sincerely,
Lindsay Jackson
South Carolina Beer Wholesalers Association

January 28, 2014
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Barfield:

On behalf of the Foundation for the South Carolina Commission for the Blind, the Members and staff of the House of Representatives are invited to a Legislative Breakfast. This event will be held on Wednesday, February 5, 2014, from 8:00 a.m. to 10:00 a.m. in Room 112 of the Blatt Building.

Sincerely,
Mary Sonksen, Secretary
Foundation for the SC Commission for the Blind

January 28, 2014
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Barfield:

On behalf of the South Carolina Apartment Association, the Members of the House of Representatives are invited to a Legislative Luncheon. This event will be held on Wednesday, February 5, 2014, from 12:00 p.m. to 2:00 p.m. in Room 112 of the Blatt Building.

Sincerely,
Keely F. Yates, Executive Director
South Carolina Apartment Association

January 28, 2014
The Honorable Liston D. Barfield
Chairman, House Invitations Committee


Printed Page 629 . . . . . Tuesday, February 4, 2014

503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Barfield:

On behalf of the Municipal Association of South Carolina, the Members of the House of Representatives are invited to a Legislative Reception. This event will be held on Wednesday, February 5, 2014, from 6:00 p.m. to 8:00 p.m. at the Marriott.

Sincerely,
Ken Ivey, Conference Manager
Municipal Association of South Carolina

January 28, 2014
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Barfield:

On behalf of the College of Charleston, the Members and staff of the House of Representatives are invited to a Legislative Reception. This event will be held on Wednesday, February 5, 2014, from 7:00 p.m. to 9:00 p.m. at the Palmetto Club.

Sincerely,
P. George Benson, President
College of Charleston

January 28, 2014
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Barfield:

On behalf of the South Carolina Children's Hospital Collaborative, the Members and staff of the House of Representatives are invited to a Legislative Breakfast. This event will be held on Thursday, February 6, 2014, from 8:00 a.m. to 10:00 a.m. in Room 112 of the Blatt Building.


Printed Page 630 . . . . . Tuesday, February 4, 2014

Sincerely,
Maggie Michael
South Carolina Children's Hospital Collaborative

January 28, 2014
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Barfield:

On behalf of the Clarion Hotel Downtown, the Members and staff of the House of Representatives are invited to a Legislative Reception. This event will be held on Tuesday, February 18, 2014, from 6:00 p.m. to 8:00 p.m. at the Clarion Hotel Downtown.

Sincerely,
Bill Ellen, General Manager
Clarion Hotel Downtown

January 28, 2014
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Barfield:

On behalf of the South Carolina Association of Probate Judges, the Members of the House of Representatives are invited to a Legislative Breakfast. This event will be held on Wednesday, February 19, 2014, from 8:00 a.m. to 10:00 a.m. in Room 112 of the Blatt Building.

Sincerely,
Pandora Jones-Glover
South Carolina Association of Probate Judges

January 28, 2014
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201


Printed Page 631 . . . . . Tuesday, February 4, 2014

Dear Chairman Barfield:

On behalf of the Wil Lou Gray Opportunity School, the Members of the House of Representatives are invited to a Legislative Luncheon. This event will be held on Wednesday, February 19, 2014, from 12:00 p.m. to 2:00 p.m. in Room 112 of the Blatt Building.

Sincerely,
Pat G. Smith, Director
Wil Lou Gray Opportunity School

January 28, 2014
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Barfield:

On behalf of the South Carolina Association of Counties, the Members of the House of Representatives are invited to a Legislative Reception. This event will be held on Wednesday, February 19, 2014, from 6:00 p.m. to 8:00 p.m. at the Embassy Suites Hotel.

Sincerely,
Michael B. Cone
South Carolina Association of Counties

January 28, 2014
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Barfield:

On behalf of the Association of Builders and Contractors, the Members of the House of Representatives and staff are invited to a Legislative Reception. This event will be held on Wednesday, February 19, 2014, from 7:00 p.m. to 9:00 p.m. at the Hilton Columbia Center.

Sincerely,
Benton Albritton
Legislative Director, ABC of the Carolinas, Inc.


Printed Page 632 . . . . . Tuesday, February 4, 2014

January 28, 2014
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Barfield:

On behalf of the South Carolina Academy of Physician Assistants, the Members and staff of the House of Representatives are invited to a Legislative Breakfast. This event will be held on Thursday, February 20, 2014, from 8:00 a.m. to 10:00 a.m. in Room 112 of the Blatt Building.

Sincerely,
Janet Jordan, Executive Director
South Carolina Academy of Physician Assistants

January 28, 2014
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Barfield:

On behalf of the Electric Cooperatives of South Carolina, the Members and staff of the House of Representatives are invited to a Legislative Reception. This event will be held on Tuesday, February 25, 2014, from 6:00 p.m. to 8:00 p.m. at the Columbia Metropolitan Convention Center.

Sincerely,
Mike Couick, President and CEO
Electric Cooperatives of South Carolina

January 28, 2014
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201


Printed Page 633 . . . . . Tuesday, February 4, 2014

Dear Chairman Barfield:

On behalf of the South Carolina Association of Conservation Districts, the Members of the House of Representatives are invited to a Legislative Reception. This event will be held on Tuesday, February 25, 2014, from 7:00 p.m. to 9:00 p.m. at Seawell's.

Sincerely,
Mary Hill, Executive Director
South Carolina Association of Conservation Districts

January 28, 2014
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Barfield:

On behalf of the South Carolina Nursery & Landscape Association, the Members of the House of Representatives are invited to a Legislative Breakfast. This event will be held on Wednesday, February 26, 2014, from 8:00 a.m. to 10:00 a.m. in Room 112 of the Blatt Building.

Sincerely,
Donna Foster, Executive Director
South Carolina Nursery & Landscape Association

January 28, 2014
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Barfield:

On behalf of the South Carolina Athletic Trainers' Association, the Members and staff of the House of Representatives are invited to a Legislative Luncheon. This event will be held on Wednesday, February 26, 2014, from 12:00 p.m. to 2:00 p.m. in Room 112 of the Blatt Building.


Printed Page 634 . . . . . Tuesday, February 4, 2014

Sincerely,
William Warren, President
South Carolina Athletic Trainers' Association

January 28, 2014
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Barfield:

On behalf of the City of Columbia the Members of the House of Representatives and staff are invited to a Reception. This event will be held on Wednesday, February 26, 2014, from 6:00 p.m. to 8:00 p.m. at 701 Whaley Street.

Sincerely,
Ray Gray
Special Projects Administrator
City of Columbia

January 28, 2014
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Barfield:

On behalf of the SC Technical College Commissioners, the Members of the House of Representatives are invited to a Reception. This event will be held on Wednesday, February 26, 2014, from 7:00 p.m. to 9:00 p.m. at the Clarion Hotel.

Sincerely,
Elizabeth Crone
Executive Director SCATCC

January 28, 2014
The Honorable Liston D. Barfield
Chairman, House Invitations Committee


Printed Page 635 . . . . . Tuesday, February 4, 2014

503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Barfield:

On behalf of the Association of Cosmetology Salon Professionals, the Members and staff of the House of Representatives are invited to a Legislative Breakfast. This event will be held on Thursday, February 27, 2014, from 8:00 a.m. to 10:00 a.m. in Room 112 of the Blatt Building.

Sincerely,
Doug Robinson, President

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 4446
Agency: Department of Labor, Licensing and Regulation - Office of Occupational Safety and Health
Statutory Authority: 1976 Code Sections 41-3-40 and 41-15-210
Enforcement of Violations
Received by Speaker of the House of Representatives
February 4, 2014
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration June 4, 2014

Document No. 4445
Agency: Department of Labor, Licensing and Regulation - Office of State Fire Marshal
Statutory Authority: 1976 Code Sections 23-9-40, 23-9-60, 23-9-550, 23-35-45, and 23-36-80
Office of State Fire Marshal
Received by Speaker of the House of Representatives
February 4, 2014
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration June 4, 2014

Document No. 4447
Agency: Board of Nursing


Printed Page 636 . . . . . Tuesday, February 4, 2014

Statutory Authority: 1976 Code Sections 40-1-70, 40-33-10(E) and (I), and 40-33-70
Code of Ethics
Received by Speaker of the House of Representatives
February 4, 2014
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration June 4, 2014

HOUSE RESOLUTION

The following was introduced:

H. 4570 (Word version) -- Reps. Clyburn, J. R. Smith, Wells, Hixon, 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, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, 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, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO PROCLAIM FEBRUARY 5, 2014, "SIR BIG SPUR DAY" IN SOUTH CAROLINA, AND TO RECOGNIZE THE LOVE AND SUPPORT GIVEN BY MARY SNELLING AND RON ALBERTELLI TO THE UNIVERSITY OF SOUTH CAROLINA.

The Resolution was adopted.


Printed Page 637 . . . . . Tuesday, February 4, 2014

HOUSE RESOLUTION

The following was introduced:

H. 4571 (Word version) -- Reps. Brannon, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Norrell, R. L. Ott, Owens, Parks, Patrick, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE CHESNEE HIGH SCHOOL VARSITY CHEER SQUAD, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2013 CLASS 2A STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4572 (Word version) -- Rep. Brannon: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CHESNEE HIGH SCHOOL VARSITY CHEER SQUAD OF SPARTANBURG COUNTY WITH THE TEAM COACHES AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2013 SOUTH CAROLINA CLASS 2A STATE CHAMPIONSHIP TITLE.


Printed Page 638 . . . . . Tuesday, February 4, 2014

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Chesnee High School varsity cheer squad of Spartanburg County with the team coaches and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2013 South Carolina Class 2A State Championship title.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4581 (Word version) -- Reps. Hiott, Skelton, Owens, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Norrell, R. L. Ott, Parks, Patrick, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO HONOR AND REMEMBER THE SUPREME SACRIFICE OF UNITED STATES ARMY SPECIALIST FOURTH CLASS CHARLES JOHNSON, JR., THE FIRST BLACK MALE FROM PICKENS COUNTY TO GIVE HIS LIFE IN VIETNAM, AND TO HONOR ALL THOSE FROM PICKENS COUNTY WHO GAVE THE LAST FULL MEASURE OF DEVOTION FOR THEIR COUNTRY IN THAT CONFLICT.

The Resolution was adopted.


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HOUSE RESOLUTION

The following was introduced:

H. 4582 (Word version) -- Reps. George, 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, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Norrell, R. L. Ott, Owens, Parks, Patrick, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE DILLON HIGH SCHOOL VARSITY FOOTBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR A WINNING SEASON AND TO CONGRATULATE THEM FOR CAPTURING THE 2013 CLASS AA DIVISION I STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4583 (Word version) -- Rep. George: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE DILLON HIGH SCHOOL VARSITY FOOTBALL TEAM OF DILLON COUNTY WITH THE TEAM COACHES AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED


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FOR CAPTURING THE 2013 SOUTH CAROLINA CLASS AA STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Dillon High School varsity football team of Dillon County with the team coaches and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2013 South Carolina Class AA State Championship title.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4584 (Word version) -- Reps. Brannon, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Norrell, R. L. Ott, Owens, Parks, Patrick, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE LANDRUM HIGH SCHOOL GIRLS VARSITY CROSS-COUNTRY TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM


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FOR WINNING THE 2013 CLASS AA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4585 (Word version) -- Rep. Brannon: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE LANDRUM HIGH SCHOOL GIRLS VARSITY CROSS-COUNTRY TEAM OF SPARTANBURG COUNTY WITH THE TEAM COACHES AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2013 SOUTH CAROLINA CLASS AA STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Landrum High School girls varsity cross-country team of Spartanburg County with the team coaches and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2013 South Carolina Class AA State Championship title.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4586 (Word version) -- Reps. Barfield and Ryhal: A HOUSE RESOLUTION TO COMMEND AND SUPPORT THE DEMOCRATIZATION EFFORTS OF TAIWAN AND THE NATION'S MEANINGFUL PARTICIPATION IN THE WORLD HEALTH ORGANIZATION, THE INTERNATIONAL CIVIL AVIATION ORGANIZATION, THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE, AND OTHER INTERNATIONAL ORGANIZATIONS,


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AND TO EXTEND MOST SINCERE BEST WISHES FOR CONTINUED COOPERATION AND SUCCESS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4587 (Word version) -- Reps. Riley, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Norrell, R. L. Ott, Owens, Parks, Patrick, Pitts, Pope, Putnam, Quinn, Ridgeway, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, UPON THE PASSING OF JAMES MCTYEIRE "TYE" BALDWIN OF GREENWOOD COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LARGE AND LOVING FAMILY AND HIS MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4588 (Word version) -- Reps. Gilliard, Anderson, King, Williams, R. L. Brown, Stavrinakis, Jefferson, Hodges, Mack, Alexander, Allison, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein,


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Bingham, Bowen, Bowers, Branham, Brannon, G. A. 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, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Horne, Hosey, Howard, Huggins, Kennedy, Knight, Limehouse, Loftis, Long, Lowe, Lucas, 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, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Willis and Wood: A HOUSE RESOLUTION TO COMMEND GREATER GOODWILL AME CHURCH OF MOUNT PLEASANT FOR ALMOST TWO CENTURIES OF SERVICE TO THE COMMUNITY AND TO EXTEND WARMEST CONGRATULATIONS ON THE OCCASION OF THE CHURCH'S HISTORIC ONE HUNDRED SEVENTY-EIGHTH ANNIVERSARY.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4589 (Word version) -- Reps. Pope, Delleney, Felder, King, Long, D. C. Moss, Norman, Simrill, 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, Dillard, Douglas, Edge, Erickson, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, Knight, Limehouse, Loftis, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norrell, R. L. Ott, Owens, Parks, Patrick, Pitts, Putnam, Quinn, Ridgeway, Riley, Rivers,


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Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF HERBERT KIRSH OF CLOVER AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

Whereas, the members of the South Carolina House of Representatives were deeply saddened to learn of the death of Herbert Kirsh of Clover on January 28, 2014, at the venerable age of eighty-four; and

Whereas, Mr. Kirsh was born on May 17, 1929, in the Bronx, New York, to Isadore and Yetta Perotsky Kirsh. Having moved to Clover as a young child, he spent the rest of his long and productive life as a resident of that town; and

Whereas, a graduate of Clover High School and Duke University, Herb Kirsh owned and operated the Kirsh Family Department Store in Clover. He served in the Naval Reserve and was a former Sunday School teacher, CEO of Clover Community Bank, longtime member of Masonic Lodge 208, and a recipient of the Order of the Palmetto, the highest civilian honor bestowed by the State of South Carolina. On the lighter side, he was a member of Clover's R.O.M.E.O. Club (Retired Old Men Eating Out). Club members met at Hardee's every morning to solve the world's problems; and

Whereas, Mr. Kirsh firmly believed in active participation in the community, and he demonstrated that conviction through many years of public service. He served on the Clover Town Council, was mayor of Clover, and from 1978 to 2010 served as a member of the South Carolina House of Representatives (District 47); and

Whereas, known as a fiscal conservative, Herb Kirsh served as a member of the House Ways and Means Committee, and colleagues of both parties relied on his knowledge of the budget. At the time of his leaving office, Mr. Kirsh was the longest-serving legislator in the State of South Carolina; and


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Whereas, in further service to their community, Herb and his wife, Suzanne, along with their family, created the Kirsh Family Foundation to provide college scholarships for graduating Clover High School seniors; and

Whereas, preceded in death by his beloved wife of fifty-nine years, as well as two sons, Larry and Bruce, Herb Kirsh leaves to cherish his memory his sons Kevin Kirsh (Tammy) and Michael Kirsh and a host of other relatives and friends. He will be missed. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, express their profound sorrow upon the death of Herbert Kirsh of Clover and extend the deepest sympathy to his family and many friends.

Be it further resolved that a copy of this resolution be provided to Kevin Kirsh for the family.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4590 (Word version) -- Rep. G. A. Brown: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF BENNIE "CARL" CHARLES, SR., OF BISHOPVILLE AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4591 (Word version) -- Rep. Bingham: A HOUSE RESOLUTION TO CONGRATULATE CLOVER HOLLY GATLING WOLF OF LEXINGTON COUNTY, ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY, AND TO WISH HER A JOYOUS


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BIRTHDAY CELEBRATION AND MANY YEARS OF CONTINUED HEALTH AND HAPPINESS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4592 (Word version) -- Reps. Clemmons, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Norrell, R. L. Ott, Owens, Parks, Patrick, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO ENACT HOUSE BILL H.R. 318, TO AUTHORIZE A WALL OF REMEMBRANCE AS PART OF THE KOREAN WAR VETERANS MEMORIAL SO AS TO PROPERLY HONOR THOSE UNITED STATES ARMED FORCES MEMBERS WHO WERE KILLED IN THE KOREAN WAR AND TO PROPERLY REMEMBER THOSE THAT WERE WOUNDED, LISTED AS MISSING IN ACTION, AND WERE PRISONERS OF WAR.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.


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CONCURRENT RESOLUTION

The following was introduced:

H. 4569 (Word version) -- Rep. Hodges: A CONCURRENT RESOLUTION TO HONOR THE MEMORY OF JAMES HENRY HOLLINS, WHO ON SEPTEMBER 12, 1963, ACTED ON HIS PERSONAL COMMITMENT TO OPEN DOORS TO PUBLIC HIGHER-EDUCATION INSTITUTIONS TO ALL CITIZENS AND ENROLLED AS THE FIRST AFRICAN-AMERICAN STUDENT AT THE UNIVERSITY OF SOUTH CAROLINA BEAUFORT.

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

INTRODUCTION OF BILLS

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

H. 4573 (Word version) -- Rep. Douglas: A BILL TO AMEND ACT 191 OF 1991, AS AMENDED, RELATING TO THE FAIRFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE BOUNDARIES OF THE SEVEN SINGLE-MEMBER DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY ARE ELECTED.
Referred to Fairfield Delegation

H. 4574 (Word version) -- Rep. Hardwick: A BILL TO AMEND SECTION 40-23-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING THE ENVIRONMENTAL CERTIFICATION BOARD, SO AS TO REVISE AND ADD DEFINITIONS; TO AMEND SECTION 40-23-90, RELATING TO BOARD INVESTIGATIONS OF COMPLAINTS AGAINST LICENSEES, SO AS TO CHANGE THE MANNER IN WHICH AN INITIAL COMPLAINT MAY BE REFERRED TO AN INVESTIGATOR; TO AMEND SECTION 40-23-95, RELATING TO REFERRALS OF VIOLATIONS FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO THE BOARD, SO AS TO ELIMINATE THE AUTHORITY OF THE BOARD WITH RESPECT TO REPORTS OF CERTAIN VIOLATIONS THAT DO NOT ALLEGE UNLICENSED PRACTICE; TO AMEND SECTION 40-23-230, RELATING TO LICENSEES, SO AS TO ELIMINATE A


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PROVISION THAT ENABLES CERTAIN LICENSEES FROM OBTAINING CLASS "A" OR CLASS "B" WELL DRILLER LICENSES WHEN MEETING CERTAIN CRITERIA; TO AMEND SECTION 40-23-300, RELATING TO CERTIFICATION CLASSES OF WATER TREATMENT OPERATORS, SO AS TO REVISE CRITERIA FOR TRAINEE WATER OPERATORS AND CLASS "E" WATER TREATMENT OPERATORS; TO AMEND SECTION 40-23-310, RELATING TO WATER DISTRIBUTION SYSTEM OPERATOR LICENSES, SO AS TO REVISE CRITERIA FOR TRAINEE WATER DISTRIBUTION SYSTEM OPERATOR AND A CLASS "D" WATER DISTRIBUTION SYSTEM OPERATOR; TO AMEND SECTION 40-23-320, RELATING TO LICENSURE AS A CLASS "C" ENVIRONMENTAL, COASTAL, OR ROCK WELL DRILLER, SO AS TO REPLACE THE REQUIREMENT OF HAVING AT LEAST ONE YEAR OF EXPERIENCE AS AN APPRENTICE WITH AT LEAST ONE YEAR OF EXPERIENCE AS A CLASS "D" WELL DRILLER; AND TO AMEND SECTION 40-23-340, RELATING TO RESTRICTIONS ON WELL DRILLERS ACCORDING TO CLASSIFICATION OF THE WELL DRILLER, SO AS TO REVISE RESTRICTIONS ON CLASS "D" AND CLASS "C" WELL DRILLERS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4575 (Word version) -- Reps. J. E. Smith, Cobb-Hunter, Williams, Barfield and Merrill: A BILL TO AMEND SECTION 1-11-67, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENTAL CHARGES FOR OCCUPANCY OF STATE-CONTROLLED OFFICE BUILDINGS, SO AS TO PROVIDE THAT THE ADJUTANT GENERAL IS FINANCIALLY AND ADMINISTRATIVELY RESPONSIBLE FOR THE BUILDING AND GROUNDS LOCATED AT 1 NATIONAL GUARD ROAD IN COLUMBIA, TO INCLUDE MAINTAINING NECESSARY RESERVES FOR DEFERRED AND FUTURE DEPRECIATION AND MAINTENANCE, AND ASSUMING IMPROVEMENT OBLIGATIONS AND OTHER COSTS OF OPERATION INCLUDING, BUT NOT LIMITED TO, BUILDING MAINTENANCE, SYSTEMS AND EQUIPMENT MAINTENANCE, CUSTODIAL SERVICES, HORTICULTURE AND GROUNDS MAINTENANCE, INSURANCE, AND UTILITIES AND TO PROVIDE THAT THE SOUTH CAROLINA BUDGET AND


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CONTROL BOARD HAS NO RESPONSIBILITY FOR ANY DEFERRED OR FUTURE MAINTENANCE AND REPAIR OF THE BUILDING AND GROUNDS.
Referred to Committee on Ways and Means

H. 4576 (Word version) -- Reps. Anderson, Harrell, Hosey, Hardwick, Spires, Gilliard, King, Parks, Williams, Anthony, Clyburn, Gambrell, Jefferson, Bowen, Brannon, R. L. Brown, George, Hayes, Hixon, Lowe, Mack, W. J. McLeod, D. C. Moss, Munnerlyn, Norman, Putnam, Robinson-Simpson, Tallon and Thayer: A JOINT RESOLUTION TO PROVIDE THAT THE GOVERNING BODY OF A SCHOOL DISTRICT MAY WAIVE THE REQUIREMENT THAT SCHOOLS MAKE UP FULL DAYS MISSED DUE TO INCLEMENT WEATHER FOR UP TO FIVE FULL SCHOOL DAYS THAT STUDENTS WHO ATTEND A SCHOOL, CHARTER SCHOOL, OR APPROVED HOME SCHOOL PROGRAM IN THE DISTRICT MISSED DUE TO INCLEMENT WEATHER DURING THE 2013-2014 SCHOOL YEAR.
On motion of Rep. ANDERSON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4577 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND SECTION 1-11-67, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENTAL CHARGES FOR OCCUPANCY OF STATE-CONTROLLED OFFICE BUILDINGS, SO AS TO PROVIDE THAT THE ADJUTANT GENERAL SOLELY IS RESPONSIBLE FINANCIALLY AND ADMINISTRATIVELY FOR THE BUILDINGS AND GROUNDS LOCATED AT 1 NATIONAL GUARD ROAD IN COLUMBIA, TO INCLUDE MAINTAINING NECESSARY RESERVES FOR DEFERRED AND FUTURE DEPRECIATION AND MAINTENANCE, TO PROVIDE THAT THE ADJUTANT GENERAL ALSO SOLELY IS RESPONSIBLE AT THIS LOCATION FOR IMPROVEMENT OBLIGATIONS AND OTHER COSTS OF OPERATION INCLUDING, BUT NOT LIMITED TO, BUILDING MAINTENANCE, SYSTEMS AND EQUIPMENT MAINTENANCE, CUSTODIAL SERVICES, HORTICULTURE AND GROUNDS MAINTENANCE, AND INSURANCE AND UTILITIES, AND TO PROVIDE THAT THE SOUTH CAROLINA BUDGET AND CONTROL BOARD SHALL HAVE NO RESPONSIBILITY FOR ANY DEFERRED OR FUTURE


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MAINTENANCE AND REPAIR OF THESE BUILDINGS AND GROUNDS.
Referred to Committee on Ways and Means

H. 4578 (Word version) -- Rep. Sandifer: A BILL TO AMEND SECTION 23-43-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO REVISE THE DEFINITION OF THE TERM "APPROVED INSPECTION AGENCY" TO REQUIRE THAT AN APPROVED INSPECTION AGENCY RETAIN A BUILDING CONSTRUCTION-ORIENTED ENGINEER OR ARCHITECT TO ENSURE COMPLIANCE; AND TO AMEND SECTION 23-43-90, RELATING TO INSPECTION AND CERTIFICATION OF A MODULAR BUILDING, SO AS TO PROVIDE THAT FINAL PLAN APPROVAL FOR A SINGLE FAMILY RESIDENTIAL MODULAR BUILDING BE PERFORMED BY AN APPROVED INSPECTION AGENCY, AND TO PROVIDE THAT FINAL APPROVAL FOR A COMMERCIAL MODULAR BUILDING BE PERFORMED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.
Referred to Committee on Labor, Commerce and Industry

H. 4579 (Word version) -- Rep. Loftis: A BILL TO AMEND SECTION 27-2-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE SOUTH CAROLINA GEODETIC SURVEY (SCGS) WITH RESPECT TO DETERMINING COUNTY BOUNDARIES, SO AS TO AUTHORIZE AND DIRECT THE SCGS TO CLARIFY COUNTY BOUNDARIES AND MEDIATE BOUNDARY DISPUTES BETWEEN COUNTIES BY PROVIDING A PROCEDURE ALLOWING THE SCGS ADMINISTRATIVELY TO ADJUST COUNTY BOUNDARIES, TO PROVIDE THE PROCEDURES INCLUDING NOTICE THAT SCGS MUST FOLLOW IN MAKING SUCH ADJUSTMENTS, TO PROVIDE THAT AFFECTED PARTIES MAY APPEAL THESE ADJUSTMENTS TO THE ADMINISTRATIVE LAW COURT IN A DE NOVO HEARING, TO PROVIDE THE METHOD OF DETERMINING THE EFFECTIVE DATE OF THESE ADMINISTRATIVE COUNTY BOUNDARY ADJUSTMENTS AND THE NOTICE REQUIREMENTS FOR THESE ADJUSTMENTS TO BE EFFECTIVE AND TO PROVIDE THAT NOTHING CONTAINED IN THIS ADMINISTRATIVE PROCESS RESTRICTS


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THE AUTHORITY OF THE GENERAL ASSEMBLY BY LEGISLATIVE ENACTMENT TO ADJUST OR OTHERWISE CLARIFY COUNTY BOUNDARIES BY LEGISLATIVE ENACTMENT.
Referred to Committee on Judiciary

H. 4580 (Word version) -- Reps. J. E. Smith and Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA STREET GANG AND CRIMINAL ORGANIZATIONS ACT" BY ADDING ARTICLE 5 TO CHAPTER 8, TITLE 16 SO AS TO DEFINE NECESSARY TERMS; TO CREATE THE OFFENSE OF PARTICIPATING IN, OR CONSPIRING TO PARTICIPATE IN, AN ENTERPRISE INVOLVING ACTS OF QUALIFYING CRIMINAL ACTIVITY AND PROVIDE PENALTIES; TO PROVIDE FOR THE FORFEITURE OF PROPERTY AND PROCEEDS DERIVED FROM A VIOLATION OF THE OFFENSE AND FOR PROCEDURES REGARDING FORFEITURE; AND TO ALLOW OTHER EQUITABLE AND LEGAL REMEDIES INCLUDING THE RECOVERY OF TREBLE DAMAGES FOR DAMAGES SUSTAINED AND COURT COSTS OF A PREVAILING PLAINTIFF.
Referred to Committee on Judiciary

H. 4593 (Word version) -- Reps. Clemmons, Cole and G. M. Smith: A BILL TO AMEND SECTION 15-3-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATUTE OF LIMITATIONS FOR DEFAMATION ACTIONS, SO AS TO PROVIDE THAT A CAUSE OF ACTION FOR LIBEL OR SLANDER IS NOT CONSIDERED TO HAVE ACCRUED UNTIL TWO YEARS AFTER THE AGGRIEVED PARTY HAS DISCOVERED OR SHOULD HAVE DISCOVERED THE LIBEL OR SLANDER THAT IS THE BASIS OF THE CAUSE OF ACTION.
Referred to Committee on Judiciary

ROLL CALL

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

Alexander              Allison                Anderson
Anthony                Atwater                Bales
Ballentine             Barfield               Bedingfield

Printed Page 652 . . . . . Tuesday, February 4, 2014

Bernstein              Bingham                Bowen
Branham                Brannon                G. A. Brown
R. L. Brown            Burns                  Chumley
Clemmons               Clyburn                Cobb-Hunter
Cole                   K. R. Crawford         Crosby
Daning                 Delleney               Dillard
Douglas                Edge                   Erickson
Felder                 Finlay                 Forrester
Funderburk             Gagnon                 Gambrell
George                 Gilliard               Goldfinch
Hamilton               Hardee                 Hardwick
Harrell                Hart                   Hayes
Henderson              Herbkersman            Hiott
Hixon                  Hodges                 Horne
Hosey                  Howard                 Huggins
Jefferson              Kennedy                King
Limehouse              Loftis                 Long
Lowe                   Lucas                  Mack
McCoy                  McEachern              M. S. McLeod
W. J. McLeod           Merrill                Mitchell
D. C. Moss             V. S. Moss             Munnerlyn
Nanney                 Newton                 Norman
Norrell                R. L. Ott              Owens
Parks                  Patrick                Pitts
Pope                   Putnam                 Quinn
Ridgeway               Riley                  Rivers
Robinson-Simpson       Rutherford             Ryhal
Sabb                   Sandifer               Sellers
Simrill                Skelton                G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Sottile                Southard               Spires
Stavrinakis            Stringer               Tallon
Taylor                 Thayer                 Toole
Vick                   Weeks                  Wells
Whipper                White                  Whitmire
Williams               Willis                 Wood


Printed Page 653 . . . . . Tuesday, February 4, 2014

STATEMENT OF ATTENDANCE

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

William Bowers                    Heather Crawford
Jerry Govan
Chris Murphy   Joe Neal

Total Present--122

LEAVE OF ABSENCE

The SPEAKER granted Rep. MURPHY a temporary leave of absence to attend a funeral.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:

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

CO-SPONSOR ADDED

Bill Number:   H. 3539 (Word version)
Date:   ADD:
02/04/14   SELLERS

CO-SPONSOR ADDED

Bill Number:   H. 4223 (Word version)
Date:   ADD:
02/04/14   HAMILTON


Printed Page 654 . . . . . Tuesday, February 4, 2014

CO-SPONSOR ADDED

Bill Number:   H. 3639 (Word version)
Date:   ADD:
02/04/14   TOOLE

CO-SPONSORS ADDED

Bill Number:   H. 4384 (Word version)
Date:   ADD:
02/04/14   CLEMMONS, GOLDFINCH, H. A. CRAWFORD, HARDEE, DILLARD, GEORGE and BARFIELD

CO-SPONSOR REMOVED

Bill Number:   H. 3170 (Word version)
Date:   REMOVE:
02/04/14   NEWTON

H. 4033--DEBATE ADJOURNED

The following Bill was taken up:

H. 4033 (Word version) -- Rep. Merrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2426 SO AS TO PROVIDE THAT ONE-HALF OF THE PAID ADMISSIONS TO A SOCCER SPECIFIC STADIUM IS EXEMPT FROM THE ADMISSION LICENSE TAX IMPOSED PURSUANT TO SECTION 12-21-2420, AND TO DEFINE THE TERM "SOCCER SPECIFIC STADIUM".

Rep. CROSBY moved to adjourn debate on the Bill until Tuesday, March 4, which was agreed to.

H. 3644--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3644 (Word version) -- Reps. Loftis, Gagnon, Herbkersman, Lowe, Lucas, D. C. Moss, H. L. Ott, Pitts, Toole and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 13-1-390 SO AS TO ESTABLISH WITHIN THE DIVISION OF STATE DEVELOPMENT OF THE DEPARTMENT OF COMMERCE THE CLEAN ENERGY INDUSTRY MARKET DEVELOPMENT ADVISORY COUNCIL AND PROVIDE FOR ITS MEMBERSHIP AND FUNCTIONS; TO AMEND SECTION 12-6-


Printed Page 655 . . . . . Tuesday, February 4, 2014

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. J. R. SMITH proposed the following Amendment No. 2 to H 3644 (COUNCIL\BBM\3644C005.BBM.HTC13), which was tabled:
Amend the bill, and if amended in SECTION 2, page 3644-3, by striking SECTION 12-6-3588(A) and inserting:
/   (A)   The General Assembly has determined to enact the 'South Carolina Renewable Clean Energy Tax Incentive Program' as contained in this section to encourage business investment that will produce high quality employment opportunities and enhance this State's position as a center for production and use of renewable clean energy products. The program accomplishes this goal by providing tax incentives to companies in the solar, wind, geothermal, hydrogen, energy storage, small modular reactors, and energy efficiency and other renewable energy industries who which are expanding or locating in South Carolina.     /
Amend the bill further, in SECTION 2, page 3644-4, by striking Section 12-6-3588(D)(1) and inserting:
/   (1)   manufacture renewable clean energy systems and or components in South Carolina for solar, wind, geothermal, hydrogen, energy storage, small modular reactors, or energy efficiency or other


Printed Page 656 . . . . . Tuesday, February 4, 2014

renewable energy uses in order to be eligible for the tax credit authorized by this section;   /
Renumber sections to conform.
Amend title to conform.

Rep. J. R. SMITH explained the amendment.

Rep. J. R. SMITH moved to table the amendment, which was agreed to.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 106; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Bales                  Ballentine
Barfield               Bedingfield            Bernstein
Bingham                Bowen                  Branham
Brannon                G. A. Brown            R. L. Brown
Burns                  Chumley                Clemmons
Clyburn                Cobb-Hunter            Cole
H. A. Crawford         K. R. Crawford         Crosby
Daning                 Delleney               Felder
Finlay                 Forrester              Funderburk
Gagnon                 Gambrell               George
Gilliard               Goldfinch              Hamilton
Hardee                 Hardwick               Harrell
Hart                   Hayes                  Henderson
Herbkersman            Hiott                  Hixon
Hodges                 Horne                  Hosey
Huggins                Jefferson              Kennedy
King                   Limehouse              Loftis
Long                   Lowe                   Lucas
Mack                   McCoy                  McEachern
M. S. McLeod           W. J. McLeod           Merrill
Mitchell               D. C. Moss             V. S. Moss
Munnerlyn              Nanney                 Newton
Norman                 Norrell                R. L. Ott
Owens                  Parks                  Patrick

Printed Page 657 . . . . . Tuesday, February 4, 2014

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

Total--106

Those who voted in the negative are:

Total--0

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

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on H. 3644. If I had been present, I would have voted in favor of the Bill.

Rep. Shannon Erickson

H. 3231--DEBATE ADJOURNED

The following Bill was taken up:

H. 3231 (Word version) -- Reps. Atwater, Huggins, Toole, Ballentine, Taylor, Bingham, Pitts and Wood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-1-90 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL NOT DISCRIMINATE AGAINST MOTORCYCLES, MOTORCYCLE OPERATORS, OR MOTORCYCLE PASSENGERS.

The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 3231 (COUNCIL\BBM\3231C005. BBM.HTC14):


Printed Page 658 . . . . . Tuesday, February 4, 2014

Amend the bill, as and if amended, by striking Section 57-1-90(B), as contained in SECTION 1, page 1, and inserting:
/   (B)   The allocation of parking space square footage specifically in transportation facilities, and other projects undertaken or operated by a political subdivision of this State where state or local source funds have been used in whole or in part to plan, design, construct, equip, operate, or maintain the facility must allow for the parking of motorcycles. In carrying forward this requirement, among other options, the facility at its discretion may comply by sectioning portions of the area where the size configuration of the space does not meet code requirements for full-size vehicles. If the parking facility chooses to designate parking spaces for motorcycles, the motorcycles may park only in the parking spaces so designated.   /
Renumber sections to conform.
Amend title to conform.

Rep. DANING explained the amendment.

Rep. DANING moved to adjourn debate on the Bill until Wednesday, February 5, which was agreed to.

H. 4384--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4384 (Word version) -- Reps. Whitmire, Ryhal, George, Clemmons, Goldfinch, H. A. Crawford, Hardee and Barfield: A BILL TO AMEND SECTIONS 56-5-3710, 56-5-3720, AND 56-5-3730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF A MOPED ALONG THE STATE'S HIGHWAYS, SO AS TO PROVIDE THAT A PERSON OPERATING A MOPED AND HIS PASSENGER MUST WEAR REFLECTIVE VESTS, TO REQUIRE THAT A MOPED SOLD IN THIS STATE MUST BE EQUIPPED WITH A REAR RED TAIL LIGHT THAT FLASHES CONTINUALLY WHILE THE MOPED IS IN MOTION, AND TO REQUIRE A MOPED'S REAR RED TAIL LIGHT THAT FLASHES CONTINUALLY TO BE TURNED ON AT ALL TIMES WHILE THE MOPED IS IN OPERATION.

The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 4384 (COUNCIL\BBM\4384C001. BBM.HTC14), which was adopted:


Printed Page 659 . . . . . Tuesday, February 4, 2014

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Section 56-5-3710 of the 1976 Code is amended to read:

"Section 56-5-3710.   (A)   No A person may not ride upon a moped other than upon or astride a permanent and regular seat attached to the moped. No A moped may not be used to carry more persons at one time than the number for which it is designed and equipped.
(B)   A person, while operating a moped, and his passenger must each wear a reflective vest that at a minimum is ANSI/ISEA Class 2 compliant in accordance with the standards of the American National Standards Institute."
SECTION   2.   Article 30, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-3715.   It is unlawful for a person to operate a moped on the public roads in this State that have a speed limit of greater than forty-five miles per hour. A moped is not prohibited from crossing an intersection at a public road with a speed limit in excess of forty-five miles per hour."
SECTION   3.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 76; Nays 40

Those who voted in the affirmative are:

Alexander              Anderson               Anthony
Bales                  Barfield               Bernstein
Bowen                  Branham                G. A. Brown
R. L. Brown            Clemmons               Clyburn
Cobb-Hunter            H. A. Crawford         Crosby
Daning                 Dillard                Douglas
Edge                   Felder                 Finlay
Funderburk             Gagnon                 Gambrell
George                 Gilliard               Goldfinch

Printed Page 660 . . . . . Tuesday, February 4, 2014

Hardee                 Hardwick               Harrell
Hart                   Hayes                  Henderson
Hiott                  Hixon                  Hodges
Horne                  Hosey                  Howard
Jefferson              Kennedy                King
Lucas                  Mack                   McEachern
M. S. McLeod           W. J. McLeod           Merrill
Mitchell               V. S. Moss             Munnerlyn
Norman                 Owens                  Parks
Ridgeway               Rivers                 Robinson-Simpson
Ryhal                  Sabb                   Sandifer
Skelton                G. M. Smith            J. E. Smith
J. R. Smith            Sottile                Southard
Spires                 Taylor                 Vick
Weeks                  Wells                  Whipper
Whitmire               Williams               Willis
Wood

Total--76

Those who voted in the negative are:

Allison                Atwater                Ballentine
Bedingfield            Bingham                Bowers
Brannon                Burns                  Chumley
Cole                   K. R. Crawford         Delleney
Erickson               Forrester              Hamilton
Herbkersman            Huggins                Limehouse
Loftis                 Long                   Lowe
McCoy                  D. C. Moss             Nanney
Newton                 R. L. Ott              Patrick
Pitts                  Pope                   Putnam
Quinn                  Riley                  Rutherford
Sellers                Simrill                G. R. Smith
Stringer               Tallon                 Toole
White

Total--40

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


Printed Page 661 . . . . . Tuesday, February 4, 2014

OBJECTION TO RECALL

Rep. RIDGEWAY asked unanimous consent to recall H. 4482 (Word version) from the Committee on Education and Public Works.
Rep. OWENS objected.

H. 3847--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 3847 (Word version) -- Reps. Hiott and Hardwick: A BILL TO AMEND SECTION 48-60-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR TERMS USED IN THE SOUTH CAROLINA MANUFACTURER RESPONSIBILITY AND CONSUMER CONVENIENCE INFORMATION TECHNOLOGY EQUIPMENT COLLECTION AND RECOVERY ACT OF 2010, SO AS TO ADD, AMONG OTHER DEFINITIONS, TERMS RELATED TO COMPUTER MONITORS; TO AMEND SECTION 48-60-30, RELATING TO REQUIREMENTS OF CERTAIN MANUFACTURERS TO PROVIDE LABELS ON DEVICES INDICATING THE BRAND, SO AS TO REQUIRE COMPUTER MONITOR MANUFACTURERS TO DO SO; TO AMEND SECTION 48-60-50, RELATING TO THE REQUIREMENT FOR TELEVISION MANUFACTURERS TO PROVIDE A RECOVERY PROGRAM FOR RECYCLING TELEVISIONS, SO AS TO REQUIRE COMPUTER MONITOR MANUFACTURERS TO DO SO; BY ADDING SECTION 48-60-55 SO AS TO PROVIDE FOR THE CREATION AND OPERATION OF STATEWIDE CONSUMER ELECTRONIC DEVICE STEWARDSHIP PROGRAMS AND THE DEVELOPMENT AND IMPLEMENTATION OF RELATED RECOVERY PLANS, INCLUDING REQUIREMENTS FOR APPROVAL OF PLANS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, AND TO ESTABLISH OTHER RESPONSIBILITIES AND AUTHORITY OF THE DEPARTMENT AND REQUIREMENTS OF REGULATED MANUFACTURERS; TO AMEND SECTION 48-60-60, RELATING TO PROTECTION FROM LIABILITY FOR CERTAIN DAMAGES, SO AS TO APPLY TO COMPUTER MONITOR MANUFACTURERS; TO AMEND SECTION 48-60-70, RELATING TO RETAILER SALE REQUIREMENTS, SO AS TO PROHIBIT RETAILERS FROM


Printed Page 662 . . . . . Tuesday, February 4, 2014

SELLING DEVICES MADE BY MANUFACTURERS WHO DO NOT COMPLY WITH THE REQUIREMENTS OF SECTION 48-60-55; TO AMEND SECTION 48-60-90, RELATING TO DISCARDING OR PLACING COVERED DEVICES IN A WASTE STREAM, TO PROHIBIT COMPONENTS OF COVERED DEVICES; TO AMEND SECTION 48-60-100, RELATING TO RECOVERY PROCESS FEES, SO AS TO LIMIT THE ABILITY OF LOCAL GOVERNMENTS TO CHARGE CERTAIN FEES; TO AMEND SECTION 48-60-140, RELATING TO REQUIREMENTS THAT RECOVERY PROCESSES COMPLY WITH STATE AND FEDERAL LAW, SO AS TO REQUIRE RECYCLING OR REUSE FACILITIES TO MAINTAIN CERTIFICATION, TO IDENTIFY APPROVED CERTIFICATION PROGRAMS, AND TO REQUIRE MANUFACTURERS AND GOVERNMENTS ONLY TO USE FACILITIES THAT HAVE APPROPRIATE CERTIFICATION; TO AMEND SECTION 48-60-150, RELATING TO THE DEPARTMENT'S PROMULGATION OF REGULATIONS, SO AS TO ELIMINATE THE RIGHT TO CHARGE CERTAIN FEES TO MANUFACTURERS; BY ADDING SECTION 48-60-160 SO AS TO PROVIDE FOR CERTAIN FEES AND PENALTIES; BY ADDING SECTION 48-60-170 SO AS TO SET FORTH THE PURPOSES OF THE CHAPTER AND CERTAIN LIMITATIONS ON LIABILITY; TO PROVIDE EXPIRATION DATES FOR REGULATIONS PROMULGATED PURSUANT TO THIS CHAPTER, AND TO MAKE TECHNICAL CORRECTIONS; AND TO REPEAL SECTION 48-60-50 JUNE 30, 2014, AND CERTAIN OTHER PROVISIONS JUNE 30, 2020.

Rep. HARDWICK proposed the following Amendment No. 2A to H. 3847 (COUNCIL\NBD\3847C011.NBD.AC14), which was adopted:
Amend the bill, as and if amended, Section 48-60-20(14), page 5, by deleting line 10 and inserting:
/   (14)   'Program Year' means the calendar year.   /
Amend the bill further, Section 48-60-50(B)(1), page 7, by deleting line 5 and inserting:
/   2014, which begins January 1, 2014, a television manufacturer or/
Amend the bill further, Section 48-60-50(B)(2), page 7, by deleting line 32 and inserting:
/   obligation by March 15, 2014. A television manufacturer and /


Printed Page 663 . . . . . Tuesday, February 4, 2014

Amend the bill further, Section 48-60-55(A), page 8, by deleting line 28 and inserting:
/   "Section 48-60-55.   (A) On January 1, 2015, and annually   /
Amend the bill further, Section 48-60-55(B), page 8, by deleting line 42 and inserting:
/September 3, 2014, and annually ninety days before the beginning of /
Amend the bill further, Section 48-60-55(K)(2), page 12, by deleting line 24 and inserting:
/   March fifteenth of each program year. A television     /
Amend the bill further, by deleting Section 14 on page 17 in its entirety and inserting:
/   SECTION   14.   Section 48-60-50 of the 1976 Code, as amended by Section 3 of this act, is repealed December 31, 2014. The remaining provisions of Chapter 60, Title 48 of the 1976 Code, except Section 48-60-90, are repealed December 31, 2021.   /
Renumber sections to conform.
Amend title to conform.

Rep. HIOTT explained the amendment.

The yeas and nays were taken resulting as follows:

Yeas 108; Nays 0

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Atwater                Bales                  Ballentine
Barfield               Bedingfield            Bernstein
Bingham                Bowen                  Bowers
Branham                Brannon                G. A. Brown
R. L. Brown            Burns                  Clemmons
Clyburn                Cobb-Hunter            Cole
H. A. Crawford         K. R. Crawford         Crosby
Delleney               Dillard                Douglas
Edge                   Erickson               Felder
Finlay                 Forrester              Funderburk
Gagnon                 Gambrell               George
Gilliard               Goldfinch              Hamilton
Hardee                 Hardwick               Harrell
Hart                   Hayes                  Henderson
Herbkersman            Hiott                  Hixon

Printed Page 664 . . . . . Tuesday, February 4, 2014

Hodges                 Horne                  Hosey
Huggins                Jefferson              Kennedy
King                   Limehouse              Loftis
Long                   Lucas                  Mack
McCoy                  McEachern              M. S. McLeod
W. J. McLeod           Merrill                D. C. Moss
V. S. Moss             Munnerlyn              Nanney
Newton                 Norman                 R. L. Ott
Owens                  Parks                  Patrick
Pitts                  Pope                   Putnam
Quinn                  Ridgeway               Riley
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
Williams               Willis                 Wood

Total--108

Those who voted in the negative are:

Total--0

The amendment was then adopted.

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

H. 4537--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4537 (Word version) -- Rep. Hardee: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF HIGHWAY S-26-19 AND HIGHWAY S-26-139 IN HORRY COUNTY "DORMANS CROSSROADS" AND ERECT


Printed Page 665 . . . . . Tuesday, February 4, 2014

APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION THAT CONTAIN THE WORDS "DORMANS CROSSROADS".

The Concurrent Resolution was adopted and sent to the Senate.

MOTION PERIOD

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

H. 3925--DEBATE ADJOURNED

The following Bill was taken up:

H. 3925 (Word version) -- Reps. Hardwick and Loftis: A BILL TO AMEND SECTION 48-1-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING THE DISCHARGE OF POLLUTANTS INTO THE ENVIRONMENT AND REMEDIES FOR VIOLATIONS, SO AS TO CLARIFY PERSONS WHO MAY FILE A PETITION WITH THE DEPARTMENT DO NOT INCLUDE CERTAIN AGENCIES AND DEPARTMENTS OF THE STATE AND TO PROVIDE THAT ANY DECISION OF THE DEPARTMENT WITH RESPECT TO THE TYPE OF REVIEW OBTAINED IS NOT SUBJECT TO JUDICIAL REVIEW; TO AMEND SECTION 48-1-250, AS AMENDED, RELATING TO WHOM BENEFITS FROM CAUSES OF ACTION RESULTING FROM POLLUTION VIOLATIONS INURE, SO AS TO PROVIDE THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW NO PRIVATE CAUSE OF ACTION IS CREATED BY OR EXISTS UNDER THE POLLUTION CONTROL ACT; AND TO AMEND SECTION 6 OF ACT 198 OF 2012, RELATING TO THE SAVINGS CLAUSE, SO AS TO PROVIDE THAT THE SAVINGS CLAUSE OF ACT 198 OF 2012 APPLIES ONLY TO CASES FILED BEFORE JUNE 6, 2012, AND TO ANY FEDERAL PROJECT FOR WHICH A FINAL ENVIRONMENTAL IMPACT STATEMENT WAS ISSUED PRIOR TO JUNE 6, 2012, BUT NO RECORD OF DECISION WAS ISSUED PRIOR TO JUNE 6, 2012.

Rep. HIOTT moved to adjourn debate on the Bill until Wednesday, February 19, which was agreed to.

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


Printed Page 666 . . . . . Tuesday, February 4, 2014

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4558 (Word version) -- Rep. Bedingfield: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE FORK SHOALS HISTORICAL SOCIETY FOR ITS VITAL ROLE IN PRESERVING THE HISTORY OF SOUTHERN GREENVILLE COUNTY.

H. 4355 (Word version) -- Reps. Clemmons, Mack, Bannister, Whitmire, Henderson and McCoy: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, FEBRUARY 5, 2014, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SUPREME COURT, CHIEF JUSTICE, WHOSE TERM WILL EXPIRE JULY 31, 2014; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 11, WHOSE TERM WILL EXPIRE JUNE 30, 2014; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 12, WHOSE TERM WILL EXPIRE JUNE 30, 2014; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 13, WHOSE TERM WILL EXPIRE JUNE 30, 2014; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, FOURTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM WILL EXPIRE JUNE 30, 2014; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SIXTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM THAT EXPIRES JUNE 30, 2019; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SIXTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2014; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, NINTH JUDICIAL CIRCUIT, SEAT 5, WHOSE TERM WILL EXPIRE JUNE 30, 2014; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, THIRTEENTH JUDICIAL CIRCUIT, SEAT 5, WHOSE TERM WILL EXPIRE JUNE 30, 2014, AND TO FILL THE SUBSEQUENT FULL TERM WHICH WILL EXPIRE JUNE 30, 2020; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2016, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE; TO ELECT A SUCCESSOR TO THE FAMILY COURT, FIFTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM WILL


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EXPIRE JUNE 30, 2014; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2016, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE; TO ELECT A SUCCESSOR TO THE JUDGE OF THE ADMINISTRATIVE LAW COURT, CHIEF ADMINISTRATIVE LAW JUDGE, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2014; AND AS THE DATE TO MEET IN JOINT SESSION FOR THE PURPOSE OF ELECTING A MEMBER OF THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY, AT-LARGE SEAT NINE, WHOSE TERM EXPIRES ON JUNE 30, 2016; FOR THE PURPOSE OF ELECTING A MEMBER OF THE BOARD OF TRUSTEES FOR THE SOUTH CAROLINA STATE UNIVERSITY, FIFTH CONGRESSIONAL DISTRICT, WHOSE TERM EXPIRES ON JUNE 30, 2017; AND FOR THE PURPOSE OF ELECTING TWO MEMBERS TO THE BOARD OF TRUSTEES FOR THE OLD EXCHANGE BUILDING COMMISSION, AT-LARGE SEATS, WHOSE TERMS EXPIRE ON JUNE 30, 2018.

ADJOURNMENT

At 1:28 p.m. the House, in accordance with the motion of Rep. GOLDFINCH, adjourned in memory of former Representative John Graham Altman III of Charleston, to meet at 10:00 a.m. tomorrow.

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