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

Wednesday, February 19, 2014
(Statewide Session)


Printed Page 759 . . . . . Wednesday, February 19, 2014

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from James 3:17: "The wisdom from above is first pure, then peaceable, gentle, willing to yield."
Let us pray. Grant these Representatives wisdom, God, to see the difference between the important things and those that are indispensible. Be the guiding light and lead these men and women so that their words and actions are right. Bestow Your blessings upon all our leaders of Nation and State. Protect them from all harm. 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. POPE moved that when the House adjourns, it adjourn in memory of former Representative Herbert Kirsh, which was agreed to.

HOUSE RESOLUTION

The following was introduced:

H. 4656 (Word version) -- Reps. G. M. Smith, Weeks, 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,


Printed Page 760 . . . . . Wednesday, February 19, 2014

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. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE WILSON HALL SENIOR CLAIRE ESTEP OF SUMTER UPON RECEIVING AN ACADEMIC SCHOLARSHIP WITH HER RECENT ACCEPTANCE TO THE UNIVERSITY OF ALABAMA AND TO SALUTE HER ON EARNING A COVETED NOMINATION TO WEST POINT FROM SENATOR TIM SCOTT OF SOUTH CAROLINA.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4657 (Word version) -- Reps. Parks, 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, 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:


Printed Page 761 . . . . . Wednesday, February 19, 2014

A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND MACK C. BUTLER FOR HIS OUTSTANDING CONTRIBUTIONS AS A BRICK MASON, CONTRACTOR, AND MASONRY INSTRUCTOR IN A CAREER THAT HAS REFLECTED HIS ARTISTRY, CRAFTSMANSHIP, AND INNOVATION.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4663 (Word version) -- Reps. Kennedy, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Norrell, R. L. Ott, Owens, Parks, Patrick, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE W. WYMAN KING ACADEMY VARSITY FOOTBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2013 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS EIGHT MAN STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.


Printed Page 762 . . . . . Wednesday, February 19, 2014

HOUSE RESOLUTION

The following was introduced:

H. 4664 (Word version) -- Rep. Kennedy: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE W. WYMAN KING ACADEMY VARSITY FOOTBALL TEAM OF SALUDA 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 HONORED FOR GARNERING THE 2013 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION 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 W. Wyman King Academy varsity football team of Saluda 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 honored for garnering the 2013 South Carolina Independent School Association State Championship title.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4662 (Word version) -- Reps. Bernstein, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Norrell, R. L. Ott, Owens, Parks, Patrick, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford,


Printed Page 763 . . . . . Wednesday, February 19, 2014

Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND ADAM BEAM FOR HIS OUTSTANDING WORK AS GOVERNMENT AND POLITICS WRITER AT THE STATE NEWSPAPER IN COLUMBIA, TO CONGRATULATE HIM ON BEING SELECTED TO SERVE AS ASSOCIATED PRESS LEAD STATE HOUSE REPORTER IN KENTUCKY, AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

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

INTRODUCTION OF BILLS

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

H. 4655 (Word version) -- Reps. J. E. Smith and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-30-97 SO AS TO TRANSFER THE FUNCTIONS, POWERS, AND DUTIES OF COUNTY BOARDS OF REGISTRATION, COUNTY ELECTION COMMISSIONS, OR COUNTY BOARDS OR COMMISSIONS OF ELECTIONS AND REGISTRATION TO A DIRECTOR OF ELECTIONS AND REGISTRATION FOR EACH COUNTY AND TO PROVIDE THAT THE DIRECTOR IS A STATE EMPLOYEE APPOINTED BY THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTIONS 7-3-20 AND 7-3-30, BOTH AS AMENDED, 7-3-50, 7-5-35, AS AMENDED, 7-5-125, 7-5-155, AND 7-5-180, ALL AS AMENDED, 7-5-186, 7-5-330, 7-5-470, 7-5-660, ARTICLE 3, CHAPTER 7, TITLE 7, 7-7-990, 7-11-15, AND 7-11-50, ALL AS AMENDED, 7-11-70, 7-11-85, 7-13-15, AS AMENDED, 7-13-40, 7-13-50, AND 7-13-70, ALL AS AMENDED, 7-13-72, 7-13-180, 7-13-320, AS AMENDED, 7-13-340, 7-13-351 AND 7-13-355, BOTH AS AMENDED, 7-13-420, 7-13-610 AND 7-13-710, BOTH AS AMENDED, 7-13-1330, AS AMENDED, 7-13-1390, 7-13-1490, 7-13-1620, AS AMENDED, 7-15-320, 7-15-385, AND 7-15-400, ALL AS AMENDED, 7-15-470, 48-11-100, AND 61-


Printed Page 764 . . . . . Wednesday, February 19, 2014

6-2010, AS AMENDED, ALL SO AS TO CONFORM THE PROVISIONS REGARDING THE TRANSFER OF THE FUNCTIONS, POWERS, AND DUTIES OF COUNTY BOARDS OF REGISTRATION, COUNTY ELECTION COMMISSIONS, OR COUNTY BOARDS OR COMMISSIONS OF ELECTIONS AND REGISTRATION TO A DIRECTOR OF ELECTIONS AND REGISTRATION FOR EACH COUNTY UNDER THE SUPERVISION OF THE STATE ELECTION COMMISSION AND CREATE AN OFFICE OF THE DIRECTOR OF ELECTIONS AND REGISTRATION IN EACH COUNTY; BY ADDING SECTION 7-27-140 SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION SHALL APPOINT A DIRECTOR OF ELECTIONS AND REGISTRATION IN EACH COUNTY, TO PROVIDE THAT THE DIRECTOR IS A STATE EMPLOYEE OF THE STATE ELECTION COMMISSION, AND TO PROVIDE FOR THE DUTIES OF THE DIRECTOR; TO PROVIDE FOR THE TRANSFERRING OF CERTAIN DUTIES TO THE COUNTY OFFICES OF DIRECTOR OF ELECTIONS AND REGISTRATION; AND TO PROVIDE FOR OFFICE SPACE AND OTHER EMPLOYEES OF THE OFFICE TO BE FUNDED BY THE SEVERAL COUNTIES; TO DIRECT THE CODE COMMISSIONER TO CORRECT REFERENCES TO FORMER BOARDS AND COMMISSIONS TO REFLECT THE TRANSFER OF THESE ENTITIES; AND TO REPEAL SECTION 7-5-10 AND ARTICLE 2, CHAPTER 27, TITLE 7 RELATING TO COUNTY BOARDS OF REGISTRATION AND ELECTION COMMISSIONS.
Referred to Committee on Judiciary

H. 4658 (Word version) -- Rep. Knight: A JOINT RESOLUTION TO WAIVE THE MAKE UP REQUIREMENT FOR THE SCHOOL DAYS MISSED ON JANUARY 29 AND 30, AND FEBRUARY 12, 13, AND 14, 2014, BY THE STUDENTS OF DORCHESTER COUNTY SCHOOL DISTRICTS 2 AND 4 WHEN ITS SCHOOLS WERE CLOSED DUE TO SNOW AND TO EXTEND THIS WAIVER TO CHARTER SCHOOLS AND HOME SCHOOLS IN THESE DISTRICTS.
On motion of Rep. KNIGHT, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4659 (Word version) -- Rep. Sandifer: A BILL TO AMEND SECTION 29-5-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUITS ON CONTRACTOR PAYMENT BONDS, SO AS TO


Printed Page 765 . . . . . Wednesday, February 19, 2014

PROVIDE THAT CERTAIN WRITTEN NOTICE REQUIRED OF A REMOTE CLAIMANT MUST BE SENT BY CERTIFIED OR REGISTERED MAIL, AND MUST GENERALLY CONFORM WITH STATUTORY LIMITS ON THE AGGREGATE AMOUNT OF LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER; TO PROVIDE ANY PAYMENT BOND SURETY FOR THE BONDED CONTRACTOR SHALL HAVE THE SAME RIGHTS AND DEFENSES OF THE BONDED CONTRACTOR; TO MAKE THE LANGUAGE APPLICABLE TO ANY PAYMENT BOND WHETHER PRIVATE, COMMON LAW, PUBLIC, OR STATUTORY IN NATURE, WHEN THE BONDS ARE NOT OTHERWISE REQUIRED OR GOVERNED BY STATUTE; AND TO PROVIDE NECESSARY DEFINITIONS.
Referred to Committee on Judiciary

H. 4660 (Word version) -- Reps. Forrester, Ballentine, Cole, Allison, Brannon, Patrick, Bingham, Chumley, Harrell, Stringer, Tallon and Wood: A BILL TO AMEND SECTION 12-36-2691, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX NEXUS FOR CERTAIN DISTRIBUTION FACILITIES, SO AS TO PROVIDE THAT UPON THE INAPPLICABILITY OF THIS SECTION, ANY SALES TAX REVENUE RESULTING FROM THE INAPPLICABILITY MUST BE CREDITED TO THE STATE HIGHWAY FUND TO BE USED EXCLUSIVELY FOR ROAD AND BRIDGE IMPROVEMENT.
Referred to Committee on Ways and Means

H. 4661 (Word version) -- Reps. Lucas, Williams, Munnerlyn, Lowe, Bannister and Finlay: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-515 SO AS TO PROVIDE THAT THE OWNER OF A "MOTORSPORTS ENTERTAINMENT COMPLEX" LOCATED IN THIS STATE OR HIS DESIGNEE MAY APPLY FOR AND BE ISSUED AN ANNUAL LICENSE WHICH AUTHORIZES THE PURCHASE, SALE, AND CONSUMPTION OF BEER AND WINE AT ANY OCCASION HELD ON THE GROUNDS OF THE COMPLEX YEAR ROUND ON ANY DAY OF THE WEEK, TO PROVIDE FOR THE TERMS AND CONDITIONS FOR THIS ANNUAL LICENSE, INCLUDING THE FEE, AND TO PROVIDE FOR OTHER MATTERS RELATING TO THE ADMINISTRATION OF THIS LICENSE AND APPLICABLE ALCOHOLIC BEVERAGE


Printed Page 766 . . . . . Wednesday, February 19, 2014

CONTROL LAWS IN CONNECTION WITH THE USE OF THIS LICENSE; AND BY ADDING SECTION 61-6-2016 SO AS TO PROVIDE THAT THE OWNER OF A "MOTORSPORTS ENTERTAINMENT COMPLEX", OR HIS DESIGNEE, ALSO MAY BE ISSUED, UPON APPLICATION, AN ANNUAL LICENSE THAT AUTHORIZES THE PURCHASE, SALE, AND CONSUMPTION OF ALCOHOLIC LIQUORS BY THE DRINK AT ANY OCCASION HELD ON THE GROUNDS OF THE COMPLEX UNDER THE SAME SPECIFIED TERMS AND CONDITIONS AS PROVIDED FOR BEER AND WINE PERMITS.
Referred to Committee on Ways and Means

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

H. 4666 (Word version) -- Reps. Robinson-Simpson, Govan, R. L. Brown, Hodges and Sabb: A BILL TO AMEND SECTION 63-17-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT TRAINING PROGRAMS TARGETING UNEMPLOYED OR UNDEREMPLOYED NONCUSTODIAL PARENTS WHO OWE CHILD SUPPORT, SO AS TO REQUIRE THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE TO OFFER EMPLOYMENT TRAINING AND PLACEMENT PROGRAMS FUNDED BY THE WORKFORCE INVESTMENT ACT AND TO UNDERTAKE EFFORTS TO OFFER STIPENDS TO PROGRAM PARTICIPANTS.
Referred to Committee on Judiciary


Printed Page 767 . . . . . Wednesday, February 19, 2014

H. 4667 (Word version) -- Reps. Robinson-Simpson, Govan, R. L. Brown, Hodges and Sabb: A BILL TO AMEND SECTION 63-19-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNITY SERVICES PROVIDED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO REQUIRE THE DEPARTMENT OF JUVENILE JUSTICE TO PROVIDE MENTAL HEALTH AND ALCOHOL AND DRUG SERVICES FOR YOUTHFUL OFFENDERS.
Referred to Committee on Judiciary

S. 293 (Word version) -- Senator Cleary: A BILL TO AMEND SECTION 4-23-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEVY AND COLLECTION OF TAXES IN THE MURRELL'S INLET-GARDEN CITY FIRE DISTRICT, SO AS TO AUTHORIZE THE LEVY AND COLLECTION OF AN ADDITIONAL TEN MILLS.
Referred to Committee on Ways and Means

S. 1001 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, RELATING TO LAW ENFORCEMENT OFFICER AND E-911 OFFICER TRAINING AND CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4347, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Judiciary

ROLL CALL

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

Allison                Anderson               Anthony
Atwater                Bales                  Ballentine
Bannister              Barfield               Bernstein
Bingham                Bowen                  Bowers
Branham                Brannon                R. L. Brown
Burns                  Chumley                Clemmons
Cole                   H. A. Crawford         K. R. Crawford
Crosby                 Delleney               Dillard
Douglas                Edge                   Erickson
Felder                 Finlay                 Forrester
Funderburk             Gagnon                 George

Printed Page 768 . . . . . Wednesday, February 19, 2014

Gilliard               Goldfinch              Hardee
Hardwick               Harrell                Hayes
Henderson              Herbkersman            Hiott
Hixon                  Hodges                 Horne
Hosey                  Jefferson              King
Knight                 Limehouse              Long
Lowe                   Lucas                  Mack
McCoy                  McEachern              W. J. McLeod
Merrill                D. C. Moss             V. S. Moss
Munnerlyn              Nanney                 Newton
Norman                 Norrell                R. L. Ott
Owens                  Parks                  Patrick
Pitts                  Pope                   Putnam
Ridgeway               Rivers                 Robinson-Simpson
Rutherford             Ryhal                  Sellers
Simrill                Skelton                G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Sottile                Southard               Spires
Stavrinakis            Stringer               Tallon
Toole                  Weeks                  Wells
Whipper                Willis                 Wood

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, February 19.

Ralph Kennedy                     William R. "Bill" Whitmire
Mike Gambrell                     William "Bill" Taylor
Shannon Riley                     Chip Huggins
Ronnie A. Sabb                    Anne Thayer
Gilda Cobb-Hunter                 Ted Vick
Terry Alexander                   Leon Howard
Joe Daning                        William Clyburn
Dwight Loftis                     Joseph Neal
Grady Brown                       Dan Hamilton
Mia S. McLeod
Harold Mitchell   Chris Hart
Robert Williams

Total Present--118

LEAVE OF ABSENCE

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


Printed Page 769 . . . . . Wednesday, February 19, 2014

LEAVE OF ABSENCE

The SPEAKER granted Rep. SANDIFER a leave of absence for the day due to illness.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. BEDINGFIELD a leave of absence for the day due to a medical appointment.

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. Jennifer Root was the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. SIMRILL, NORMAN, POPE, DELLENEY, FELDER, KING, LONG, D. C. MOSS and V. S. MOSS presented to the House the Northwestern High School Football Team, the 2013 State Class AAAA Division II State Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Rep. HOSEY, COBB-HUNTER, R. L. OTT and GOVAN presented to the House the Hunter-Kinard-Tyler High School Football Team of Orangeburg County, the 2013 State Class A Division II State Champions, their coaches and school officials.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or


Printed Page 770 . . . . . Wednesday, February 19, 2014

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-SPONSORS ADDED

Bill Number:   H. 4624 (Word version)
Date:   ADD:
02/19/14   ALLISON, TALLON and FORRESTER

CO-SPONSOR ADDED

Bill Number:   H. 4223 (Word version)
Date:   ADD:
02/19/14   TOOLE and FORRESTER

CO-SPONSOR ADDED

Bill Number:   H. 4604 (Word version)
Date:   ADD:
02/19/14   TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 4578 (Word version)
Date:   ADD:
02/19/14   TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 4372 (Word version)
Date:   ADD:
02/19/14   HERBKERSMAN

SENT TO THE SENATE

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:

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.


Printed Page 771 . . . . . Wednesday, February 19, 2014

H. 4611 (Word version) -- Reps. Hosey, Sellers and Mitchell: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 28, 29, AND 30 BY THE STUDENTS OF BARNWELL COUNTY SCHOOL DISTRICTS 19, 29, AND 45 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.

H. 4620 (Word version) -- Reps. Hosey and Clyburn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 28, 29, AND 30 BY THE STUDENTS OF THE ALLENDALE COUNTY SCHOOL DISTRICT WHEN ITS SCHOOLS WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.

H. 4633 (Word version) -- Reps. Gambrell, Gagnon, Bowen, Putnam, Thayer and White: A BILL TO AMEND ACT 510 OF 1982, AS AMENDED, RELATING TO THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REAPPORTION THE DISTRICTS FROM WHICH BOARD MEMBERS ARE ELECTED; AND TO AMEND ACT 509 OF 1982, AS AMENDED, RELATING TO THE ELECTION OF TRUSTEES OF THE FIVE ANDERSON COUNTY SCHOOL DISTRICTS, SO AS TO REAPPORTION THESE DISTRICTS.

S. 1002--ORDERED TO THIRD READING

The following Bill was taken up:

S. 1002 (Word version) -- Senator Coleman: 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.

The yeas and nays were taken resulting as follows:

Yeas 60; Nays 0


Printed Page 772 . . . . . Wednesday, February 19, 2014

Those who voted in the affirmative are:

Anthony                Bales                  Ballentine
Bannister              Bingham                R. L. Brown
Burns                  Cole                   Crosby
Delleney               Douglas                Erickson
Forrester              Funderburk             Harrell
Hayes                  Henderson              Herbkersman
Hixon                  Hodges                 Huggins
Kennedy                King                   Knight
Limehouse              Loftis                 Long
Lowe                   McCoy                  McEachern
W. J. McLeod           Merrill                D. C. Moss
V. S. Moss             Munnerlyn              Nanney
Neal                   Newton                 Norrell
Owens                  Parks                  Patrick
Pope                   Putnam                 Ridgeway
Rutherford             Ryhal                  Sabb
Simrill                G. M. Smith            J. R. Smith
Sottile                Spires                 Tallon
Taylor                 Vick                   Weeks
Wells                  Willis                 Wood

Total--60

Those who voted in the negative are:

Total--0

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

H. 3231--REQUESTS FOR DEBATE AND 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.


Printed Page 773 . . . . . Wednesday, February 19, 2014

Rep. DANING proposed the following Amendment No. 2 to H. 3231 (COUNCIL\BBM\3231C004.BBM.HTC14)
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 make reasonable accommodations for motorcycle parking. 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. LOWE requested debate on the Bill.

Rep. RUTHERFORD spoke in favor of the amendment.

Rep. LOFTIS requested debate on the Bill.

Rep. LOWE spoke against the amendment.

Rep. LOWE moved to adjourn debate on the Bill until Thursday, February 20, which was agreed to.

H. 4482--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4482 (Word version) -- Rep. Ridgeway: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-691 SO AS TO PROVIDE THAT THE WOOLY MAMMOTH IS DESIGNATED AS THE OFFICIAL STATE FOSSIL OF SOUTH CAROLINA.


Printed Page 774 . . . . . Wednesday, February 19, 2014

Rep. RIDGEWAY proposed the following Amendment No. 1 to H. 4482 (COUNCIL\BH\4482C001.BH.DG14), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/   SECTION   1.   Chapter 1, Title 1 of the 1976 Code is amended by adding:

"Section 1-1-691.   The Columbian Mammoth is designated as the official State Fossil of South Carolina." /
Renumber sections to conform.
Amend title to conform.

Rep. RIDGEWAY 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 94; Nays 3

Those who voted in the affirmative are:

Alexander              Allison                Anthony
Ballentine             Bannister              Barfield
Bernstein              Bingham                Bowers
Branham                Brannon                G. A. Brown
R. L. Brown            Burns                  Chumley
Clemmons               Clyburn                Cobb-Hunter
Cole                   H. A. Crawford         K. R. Crawford
Delleney               Dillard                Douglas
Edge                   Erickson               Felder
Forrester              Funderburk             Gagnon
Gambrell               George                 Goldfinch
Hardee                 Harrell                Hart
Hayes                  Henderson              Herbkersman
Hiott                  Hixon                  Hodges
Howard                 Huggins                Jefferson
Kennedy                King                   Knight
Limehouse              Lowe                   Lucas
Mack                   McCoy                  McEachern
M. S. McLeod           W. J. McLeod           D. C. Moss
V. S. Moss             Neal                   Newton
Norman                 Norrell                R. L. Ott

Printed Page 775 . . . . . Wednesday, February 19, 2014

Owens                  Parks                  Patrick
Pitts                  Pope                   Ridgeway
Riley                  Rivers                 Rutherford
Ryhal                  Sabb                   Simrill
Skelton                G. M. Smith            J. E. Smith
J. R. Smith            Sottile                Southard
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Vick
Weeks                  Wells                  Whipper
White                  Williams               Willis
Wood

Total--94

Those who voted in the negative are:

Gilliard               Loftis                 Nanney

Total--3

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

H. 4647--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4647 (Word version) -- Reps. Pitts, Willis and Anthony: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO REVISE BOUNDARIES OF EXISTING PRECINCTS AND TO DESIGNATE THE MAP NUMBER ON WHICH THE BOUNDARIES OF LAURENS COUNTY VOTING PRECINCTS AS REVISED BY THIS ACT MAY BE FOUND AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

The yeas and nays were taken resulting as follows:

Yeas 85; Nays 0


Printed Page 776 . . . . . Wednesday, February 19, 2014

Those who voted in the affirmative are:

Allison                Anthony                Atwater
Bales                  Bannister              Barfield
Bernstein              Bingham                Bowers
Brannon                Burns                  Chumley
Clemmons               Clyburn                Cole
H. A. Crawford         K. R. Crawford         Crosby
Delleney               Dillard                Douglas
Edge                   Erickson               Forrester
Funderburk             Gagnon                 George
Harrell                Hayes                  Henderson
Herbkersman            Hiott                  Hixon
Hodges                 Hosey                  Huggins
Jefferson              Kennedy                Knight
Limehouse              Loftis                 Long
Lowe                   Lucas                  McCoy
McEachern              M. S. McLeod           Merrill
D. C. Moss             V. S. Moss             Nanney
Newton                 Norman                 Norrell
R. L. Ott              Owens                  Parks
Patrick                Pitts                  Pope
Putnam                 Quinn                  Ridgeway
Riley                  Rivers                 Rutherford
Ryhal                  Sabb                   Simrill
Skelton                G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Spires
Stavrinakis            Tallon                 Taylor
Toole                  Vick                   Weeks
Wells                  White                  Willis
Wood

Total--85

Those who voted in the negative are:

Total--0

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


Printed Page 777 . . . . . Wednesday, February 19, 2014

S. 822--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

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

The Concurrent Resolution was adopted and sent to the Senate.

MOTION PERIOD

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

H. 3639--RECOMMITTED

The following Bill was taken up:

H. 3639 (Word version) -- Reps. Sandifer, Rivers and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-15-70 SO AS TO PROVIDE FOR THE FAIR AND OPEN COMPETITION IN GOVERNMENTAL CONTRACTS BY STIPULATING THAT STATE OR LOCAL ENTITIES, OFFICIALS, AND EMPLOYEES, IN REGARD TO A PUBLIC BUILDING, MAY NOT REQUIRE OR PROHIBIT A BIDDER, OFFEROR, CONTRACTOR, OR SUBCONTRACTOR FROM ENTERING INTO OR ADHERING TO AN AGREEMENT WITH ONE OR MORE LABOR ORGANIZATIONS IN REGARD TO THE PROJECT AND MAY NOT OTHERWISE DISCRIMINATE AGAINST A BIDDER, OFFEROR, CONTRACTOR, OR SUBCONTRACTOR FOR BECOMING OR REFUSING TO BECOME A SIGNATORY TO AN AGREEMENT WITH ONE OR MORE LABOR ORGANIZATIONS IN REGARD TO THE PROJECT, TO PROVIDE THAT STATE AND LOCAL ENTITIES, OFFICIALS, AND EMPLOYEES SHALL NOT AWARD A GRANT, TAX ABATEMENT, OR TAX CREDIT CONDITIONED UPON THE INCLUSION OF SUCH AGREEMENTS IN THE AWARD, AND TO PROVIDE


Printed Page 778 . . . . . Wednesday, February 19, 2014

EXCEPTIONS TO AND EXEMPTIONS FROM THESE PROVISIONS.

Rep. GAMBRELL moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.

H. 3818--RECOMMITTED

The following Bill was taken up:

H. 3818 (Word version) -- Reps. K. R. Crawford, Sandifer, Erickson, Simrill, G. M. Smith, Gambrell and Bannister: A BILL TO AMEND SECTION 38-71-1730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLOSED PANEL HEALTH PLANS, SO AS TO REMOVE THE REQUIREMENT THAT CERTAIN EMPLOYERS THAT OFFER ONLY CLOSED PANEL HEALTH PLANS TO ITS EMPLOYEES ALSO OFFER A POINT-OF-SERVICE OPTION TO ITS EMPLOYEES, TO MAKE CONFORMING CHANGES, AND TO INCREASE THE ALLOWABLE DIFFERENCES BETWEEN COINSURANCE PERCENTAGES FOR IN-NETWORK AND OUT-OF-NETWORK COVERED SERVICES AND SUPPLIES UNDER A POINT-OF-SERVICE OPTION.

Rep. GAMBRELL moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.

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


Printed Page 779 . . . . . Wednesday, February 19, 2014

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 Thursday, February 20, which was agreed to.

H. 3796--DEBATE ADJOURNED

The following Bill was taken up:

H. 3796 (Word version) -- Rep. Pitts: A BILL TO AMEND SECTION 6-1-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES IMPOSED BY POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT WHEN A GOVERNING BODY OF A POLITICAL SUBDIVISION IMPOSES A SCHEDULE OF ROAD FEES ON MOTOR VEHICLES REGISTERED IN THE COUNTY BASED ON VEHICLE CLASS, THE LOWEST FEE IN THE SCHEDULE MUST APPLY TO ALL MOTOR VEHICLES SUBJECT TO THE STATE BIENNIAL REGISTRATION FEE FOR PRIVATE PASSENGER MOTOR VEHICLES IMPOSED PURSUANT TO SECTION 56-3-620; AND TO AMEND SECTION 56-3-630, AS AMENDED, RELATING TO THE DEFINITION OF PRIVATE PASSENGER MOTOR VEHICLES FOR PURPOSES OF MOTOR VEHICLE LICENSING AND REGISTRATION BY THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT A TRUCK INCLUDED IN THE DEFINITION OF PRIVATE PASSENGER MOTOR VEHICLE, WHICH IS NOT USED IN A TRADE OR BUSINESS, MAY BE REGISTERED UPON PAYMENT


Printed Page 780 . . . . . Wednesday, February 19, 2014

OF THE BIENNIAL REGISTRATION FEES PROVIDED PURSUANT TO SECTION 56-3-620.

Rep. PITTS moved to adjourn debate on the Bill until Tuesday, February 25, which was agreed to.

S. 148--DEBATE ADJOURNED

The following Bill was taken up:

S. 148 (Word version) -- Senators Shealy, Bryant, Gregory and Alexander: A BILL TO AMEND CHAPTER 20, TITLE 37 OF THE 1976 CODE, RELATING TO CONSUMER IDENTITY THEFT PROTECTION, BY ADDING SECTION 37-20-161 TO PROVIDE FOR CERTAIN MEASURES TO SAFEGUARD A CLASS OF "PROTECTED CONSUMERS" FROM BECOMING VICTIMS OF IDENTITY THEFT, TO ALLOW REPRESENTATIVES, PROVIDING SUFFICIENT PROOF OF AUTHORITY, TO PLACE A PREEMPTIVE SECURITY FREEZE ON PROTECTED CONSUMER'S CREDIT REPORTS, TO PROVIDE THE LIMITATIONS OF THIS SECTION, TO PROVIDE REQUIREMENTS TO IMPLEMENT A SECURITY FREEZE, TO PROVIDE FOR THE DURATION AND EXTENT OF A SECURITY FREEZE, AND TO PROVIDE TERMS FOR REMOVAL OF A SECURITY FREEZE ON A PROTECTED CONSUMER'S CREDIT REPORT OR RECORD.

Rep. GAMBRELL moved to adjourn debate on the Bill until Thursday, February 27, which was agreed to.

S. 405--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 405 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 1-23-560, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE CODE OF JUDICIAL CONDUCT TO ADMINISTRATIVE LAW JUDGES AND THE ENFORCEMENT AND ADMINISTRATION OF THESE RULES BY THE STATE ETHICS COMMISSION, SO AS TO PROVIDE INSTEAD THAT THE JUDICIAL DEPARTMENT SHALL HANDLE COMPLAINTS AGAINST ADMINISTRATIVE LAW JUDGES FOR POSSIBLE VIOLATIONS OF THE CODE OF


Printed Page 781 . . . . . Wednesday, February 19, 2014

JUDICIAL CONDUCT IN THE SAME MANNER AS COMPLAINTS AGAINST OTHER JUDGES.

Rep. ATWATER proposed the following Amendment No. 1 to S. 405 (COUNCIL\AGM\405C001.AGM.AB14), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION   1.   Section 1-23-560 of the 1976 Code, as last amended by Act 334 of 2008, is further amended to read:

"Section 1-23-560.   Administrative law judges are bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate Court Rules. The sole grounds for discipline and sanctions for administrative law judges are those contained in the Code of Judicial Conduct in Rule 502, Rule 7 of the South Carolina Appellate Court Rules. The State Ethics Commission, which is responsible for enforcement and administration of those rules shall use the procedure contained in Section 8-13-320. The Commission on Judicial Conduct, under the authority of the Supreme Court, shall handle complaints against administrative law judges for possible violations of the Code of Judicial Conduct in the same manner as complaints against other judges. Notwithstanding another provision of law, an administrative law judge and the judge's spouse or guest may accept an invitation to attend a judicial-related or bar-related function, or an activity devoted to the improvement of the law, legal system, or the administration of justice."
SECTION   2.   Article 1, Chapter 23, Title 1 of the 1976 Code is amended by adding:

"Section 1-23-138.   A regulation promulgated under this article expires five years from the date on which it becomes effective."
SECTION   3.   Section 1-23-120(J) of the 1976 Code is amended to read:

"(J)   Each state agency, which promulgates regulations or to which the responsibility for administering regulations has been transferred, shall by July 1, 1997, and every five years thereafter, conduct a formal review of all regulations which it has promulgated or for which it has been transferred the responsibility of administering, except that those regulations described in subsection (H) are not subject to this review. Upon completion of the review, the agency shall submit to the Code Commissioner a report which identifies those regulations:

(1)   for which the agency intends to begin the process of repeal in accordance with this article;


Printed Page 782 . . . . . Wednesday, February 19, 2014

(2)   for which the agency intends to begin the process of amendment in accordance with this article; and

(3)   which do not require repeal or amendment.

Nothing in this subsection may be construed to prevent an agency from repealing or amending a regulation in accordance with this article before or after it is identified in the report to the Code Commissioner."
SECTION   4.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. ATWATER 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 108; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anthony
Atwater                Bales                  Ballentine
Bannister              Barfield               Bernstein
Bingham                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
Harrell                Hart                   Hayes
Henderson              Herbkersman            Hiott
Hixon                  Hodges                 Hosey
Huggins                Jefferson              Kennedy
King                   Knight                 Limehouse
Loftis                 Long                   Lowe
Lucas                  Mack                   McCoy
McEachern              M. S. McLeod           W. J. McLeod
Merrill                D. C. Moss             V. S. Moss

Printed Page 783 . . . . . Wednesday, February 19, 2014

Munnerlyn              Nanney                 Neal
Newton                 Norman                 Norrell
R. L. Ott              Owens                  Parks
Patrick                Pitts                  Pope
Putnam                 Quinn                  Ridgeway
Riley                  Rivers                 Robinson-Simpson
Rutherford             Ryhal                  Sabb
Simrill                Skelton                G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Sottile                Southard               Stavrinakis
Stringer               Tallon                 Taylor
Toole                  Vick                   Weeks
Wells                  White                  Whitmire
Williams               Willis                 Wood

Total--108

Those who voted in the negative are:

Total--0

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

S. 151--REJECTED

The following Bill was taken up:

S. 151 (Word version) -- Senators Grooms and Campbell: A BILL TO AMEND SECTION 56-1-2080 OF THE 1976 CODE, RELATING TO QUALIFICATIONS FOR A COMMERCIAL DRIVER'S LICENSE, TO ESTABLISH THE INTRASTATE VISION WAIVER PROGRAM, TO PROVIDE THAT CERTAIN VISUALLY IMPAIRED INDIVIDUALS MAY OBTAIN A WAIVER FROM THE SIGHT REQUIREMENTS ASSOCIATED WITH A COMMERCIAL DRIVER'S LICENSE, AND TO PROVIDE FOR THE WAIVER'S ELIGIBILITY REQUIREMENTS FOR THE WAIVER, THE CIRCUMSTANCES UNDER WHICH A WAIVER MAY GRANTED, AND THE PROCEDURES FOR OBTAINING A WAIVER.

Rep. NORMAN spoke against the Bill.


Printed Page 784 . . . . . Wednesday, February 19, 2014

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 41; Nays 61

Those who voted in the affirmative are:

Bales                  Barfield               Bingham
Bowers                 Brannon                G. A. Brown
R. L. Brown            Cobb-Hunter            Crosby
Daning                 Delleney               Finlay
George                 Gilliard               Hayes
Herbkersman            Hosey                  Jefferson
Knight                 Limehouse              Merrill
D. C. Moss             Norrell                R. L. Ott
Owens                  Pope                   Quinn
Rivers                 Rutherford             Ryhal
Sellers                Simrill                Skelton
Sottile                Southard               Spires
Taylor                 Toole                  Vick
Weeks                  Wells

Total--41

Those who voted in the negative are:

Alexander              Allison                Atwater
Ballentine             Bannister              Bernstein
Burns                  Chumley                Clemmons
Cole                   H. A. Crawford         K. R. Crawford
Douglas                Edge                   Erickson
Felder                 Forrester              Funderburk
Gagnon                 Goldfinch              Hart
Henderson              Hiott                  Hixon
Hodges                 Howard                 Huggins
Kennedy                King                   Loftis
Lowe                   Lucas                  Mack
McCoy                  McEachern              M. S. McLeod
W. J. McLeod           V. S. Moss             Munnerlyn
Nanney                 Neal                   Newton
Norman                 Parks                  Patrick
Pitts                  Putnam                 Ridgeway
Riley                  Robinson-Simpson       Sabb

Printed Page 785 . . . . . Wednesday, February 19, 2014

G. M. Smith            J. E. Smith            Stavrinakis
Stringer               Tallon                 White
Whitmire               Williams               Willis
Wood

Total--61

So, the Bill was rejected.

RECURRENCE TO THE MORNING HOUR

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

REPORT OF STANDING COMMITTEE

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

H. 4642 (Word version) -- Reps. Gagnon, Gambrell and Southard: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 72 THAT IS LOCATED WITHIN THE CALHOUN FALLS TOWN LIMITS "CHIEF BILLY HAYNIE MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CHIEF BILLY HAYNIE MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4668 (Word version) -- Reps. Rutherford, 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,


Printed Page 786 . . . . . Wednesday, February 19, 2014

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, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO CONGRATULATE BENEDICT COLLEGE ON THE TWENTY-FIFTH ANNIVERSARY OF ITS FAMED HARAMBEE FESTIVAL AND TO WISH THE FESTIVAL MUCH SUCCESS BOTH AT THE 2014 CELEBRATION AND IN THE YEARS TO COME.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4669 (Word version) -- Reps. R. L. Ott, 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, 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 CELEBRATE THE DECLARATION OF INDEPENDENCE AND THE UNITED STATES CONSTITUTION, WHICH TOGETHER ENUMERATE OUR UNALIENABLE RIGHTS AND LIBERTIES, AND TO PROCLAIM


Printed Page 787 . . . . . Wednesday, February 19, 2014

WEDNESDAY, MARCH 16, 2014, AS "LIBERTY DAY" IN SOUTH CAROLINA.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 4670 (Word version) -- Reps. Newton, Sandifer, Lowe and Ballentine: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-625 SO AS TO PROVIDE A PROCESS FOR EXPEDITING MORTGAGE FORECLOSURES AND TO DEFINE NECESSARY TERMINOLOGY.
Referred to Committee on Judiciary

H. 4671 (Word version) -- Rep. Clemmons: A JOINT RESOLUTION TO PROVIDE THAT THE HORRY COUNTY SCHOOL DISTRICT BOARD OF TRUSTEES MAY WAIVE TIME THAT SCHOOLS IN THE DISTRICT CLOSED IN 2014 DUE TO INCLEMENT WEATHER FROM WINTER STORM LEON AND WINTER STORM PAX FROM THE STATUTORY REQUIREMENT THAT SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP, AND TO PROVIDE THAT THIS REQUIREMENT DOES NOT APPLY TO TIME MISSED DUE TO INCLEMENT WEATHER FROM THESE STORMS.
On motion of Rep. CLEMMONS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4672 (Word version) -- Rep. Delleney: A JOINT RESOLUTION TO PROVIDE THAT THE CHESTER COUNTY SCHOOL DISTRICT BOARD OF TRUSTEES MAY WAIVE TIME THAT SCHOOLS IN THE DISTRICT CLOSED IN 2014 DUE TO INCLEMENT WEATHER FROM WINTER STORM LEON AND WINTER STORM PAX FROM THE STATUTORY REQUIREMENT THAT SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP, AND TO PROVIDE THAT


Printed Page 788 . . . . . Wednesday, February 19, 2014

THIS REQUIREMENT DOES NOT APPLY TO TIME MISSED DUE TO INCLEMENT WEATHER FROM THESE STORMS.
On motion of Rep. DELLENEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4673 (Word version) -- Reps. Simrill, Limehouse and Sottile: A BILL TO AMEND SECTION 27-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS REGARDING THE LIMITATION ON LIABILITY OF LANDOWNERS, SO AS TO INCLUDE RECREATIONAL NONCOMMERCIAL AIRSTRIPS AND ASSOCIATED AIRCRAFT OPERATIONS WITHIN THE DEFINITION OF "RECREATIONAL PURPOSE".
Referred to Committee on Judiciary

H. 4674 (Word version) -- Reps. Hosey, Cobb-Hunter and Clyburn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 28, 29, AND 30, 2014, AND FEBRUARY 12 AND 13, 2014, BY THE STUDENTS OF ORANGEBURG SCHOOL DISTRICT 4 WHEN ITS SCHOOLS WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.
On motion of Rep. HOSEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4675 (Word version) -- Rep. Cobb-Hunter: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 28, 29, AND 30, 2014, AND FEBRUARY 12 AND 13, 2014, BY THE STUDENTS OF ORANGEBURG SCHOOL DISTRICT 3 WHEN ITS SCHOOLS WERE CLOSED DUE TO SNOW ARE EXEMPT FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.
On motion of Rep. COBB-HUNTER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4676 (Word version) -- Reps. Vick and Munnerlyn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 9, TITLE 4 SO AS TO PROVIDE A PROCEDURE BY WHICH CERTAIN COUNTY OFFICES AND THE GOVERNING BODY OF A COUNTY IN THOSE COUNTIES,


Printed Page 789 . . . . . Wednesday, February 19, 2014

WHICH HAVE A COUNCIL/ADMINISTRATOR FORM OF GOVERNMENT AND ALSO HAVE WITHIN THE COUNTY AREA AT LEAST FORTY THOUSAND ACRES OF STATE AND FEDERAL FOREST LAND, MAY BE ELECTED IN NONPARTISAN ELECTIONS.
Rep. VICK asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. BANNISTER objected.
Referred to Committee on Judiciary

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

ADJOURNMENT

At 12:09 p.m. the House, in accordance with the motion of Rep. POPE, adjourned in memory of former Representative Herbert Kirsh, to meet at 10:00 a.m. tomorrow.

***

This web page was last updated on Tuesday, December 23, 2014 at 11:41 A.M.