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 Job 33:4: "The Spirit of God has made me, and the breath of the Almighty gives me life."
Let us pray. Almighty God, we give You thanks for making these Representatives the leaders they are. Continue Your blessings upon them, lead and guide them through the day and in the days to come. Provide for them, that they may provide for the people they serve. Keep them in Your care. Bless our Nation, President, State, Governor, Speaker, staff, and all who contribute to the success of this House. Protect our defenders of freedom, at home and abroad, as they protect us. Heal the wounds, those seen and those hidden, of our brave warriors. Lord, in Your mercy, hear our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. ERICKSON moved that when the House adjourns, it adjourn in memory of Dan Houston "Spot" Thompson of Beaufort, which was agreed to.
Rep. HARDWICK, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 4543 (Word version) -- Reps. Southard, R. L. Ott, Jefferson, H. A. Crawford, M. S. McLeod, Vick, Hardwick, Williams, Robinson-Simpson, George, Daning, Munnerlyn, Long, Crosby, Felder, Gagnon, Hayes, Hixon, Howard, Norman, Stavrinakis and V. S. Moss: A BILL TO
AMEND SECTION 50-13-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL POSSESSION OF BLUE CATFISH, SO AS TO DECREASE THE MAXIMUM LENGTH OF A BLUE CATFISH THAT MAY BE TAKEN ON CERTAIN BODIES OF WATER, TO MAKE A TECHNICAL CHANGE, AND TO ESTABLISH THE DAILY POSSESSION LIMIT FOR BLUE CATFISH TAKEN FROM LAKE MARION AND LAKE MOULTRIE; AND TO AMEND SECTION 50-9-1120, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE POINT SYSTEM FOR VIOLATING CERTAIN PROVISIONS THAT REGULATE FISHING AND HUNTING, SO AS TO PROVIDE THAT TAKING OR POSSESSING MORE THAN THE LEGAL CREEL OR SIZE LIMIT OF BLUE CATFISH IS A FOURTEEN POINT VIOLATION.
Ordered for consideration tomorrow.
Rep. HARDWICK, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 4551 (Word version) -- Reps. Limehouse, Sottile and Hardwick: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS FOR CERTAIN SPECIES OF FISH, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TAKE OR POSSESS A GREAT WHITE SHARK (CARCHARODON CARCHARIAS), AND TO PROVIDE THAT ANY GREAT WHITE SHARK THAT IS CAUGHT MUST BE RELEASED IMMEDIATELY AND MUST REMAIN COMPLETELY IN THE WATER AT ALL TIMES WHILE BEING UNHOOKED AND RELEASED.
Ordered for consideration tomorrow.
Rep. HARDWICK, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 4561 (Word version) -- Reps. Hixon, King, Hodges, Simrill, Huggins, Ballentine, Brannon, Hiott, Hardwick, Bales, Knight, Clyburn, Southard, Tallon, Skelton, Erickson, Sottile, Limehouse, Stavrinakis, McCoy, Parks, Crosby, Anthony, Mitchell, Bowen, H. A. Crawford, Robinson-Simpson, Toole, Kennedy, Patrick, Bowers, Atwater, Bedingfield, Williams, M. S. McLeod, G. R. Smith, George, Putnam, Allison,
Burns, Chumley, Clemmons, Cobb-Hunter, Daning, Delleney, Dillard, Edge, Felder, Forrester, Funderburk, Gagnon, Hamilton, Hardee, Hart, Hayes, Henderson, Horne, Hosey, Jefferson, Loftis, Long, Lowe, Lucas, W. J. McLeod, V. S. Moss, Murphy, Newton, Norman, Owens, Pitts, Pope, Ridgeway, Riley, Rutherford, Sabb, Sandifer, J. R. Smith, Taylor, Thayer, Wells, White, Whitmire, Willis and Wood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 50 SO AS TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES TO ENTER INTO THE INTERSTATE BOATING VIOLATOR COMPACT.
Ordered for consideration tomorrow.
Rep. HARDWICK, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
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 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.
Ordered for consideration tomorrow.
Rep. HARDWICK, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 4501 (Word version) -- Reps. Hiott and Knight: A BILL TO AMEND SECTION 44-2-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUPERB ACCOUNT AND THE SUPERB FINANCIAL RESPONSIBILITY FUND ESTABLISHED TO ASSIST IN CARRYING OUT THE PURPOSES OF THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO DEFINE "USUAL, CUSTOMARY, AND REASONABLE COSTS", OF SITE REHABILITATION OF RELEASES FROM UNDERGROUND STORAGE TANKS CONTAINING PETROLEUM, AS PAYMENTS NOT LESS THAN THE JULY 1, 2011, SUPERB ALLOWABLE COST REIMBURSEMENT SCHEDULE AND TO FURTHER PROVIDE FOR THE USE AND APPLICATION OF THIS REIMBURSEMENT SCHEDULE.
Ordered for consideration tomorrow.
Rep. HARDWICK, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 4596 (Word version) -- Reps. Goldfinch, Sottile, Hardwick, Barfield, Williams, Kennedy, Harrell, V. S. Moss, Loftis, Ryhal, Quinn, Hamilton, Bedingfield, McCoy, Hosey, Newton, Patrick, Funderburk, Limehouse, Burns, Clemmons, Hardee, Hiott, Hixon, Hodges, Horne, Owens, Pitts, Sandifer, G. R. Smith, J. E. Smith, Spires and Wells: A CONCURRENT RESOLUTION TO OPPOSE ANY ADDITIONAL
LIVE BOTTOM MARINE PROTECTED AREAS OFF THE COAST OF SOUTH CAROLINA ASSOCIATED WITH THE SOUTH ATLANTIC FISHERY MANAGEMENT COUNCIL'S PROPOSED REGULATORY AMENDMENT 17 OR ANY FUTURE AMENDMENTS TO THE FISHERY MANAGEMENT PLAN FOR THE SNAPPER-GROUPER FISHERY OF THE SOUTH ATLANTIC REGION.
Ordered for consideration tomorrow.
Rep. HARDWICK, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
S. 699 (Word version) -- Senator Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-25-815 SO AS TO IMPOSE AN INSPECTION FEE OF ONE DOLLAR A TON ON THE DISTRIBUTION OR SALE OF COMMERCIAL FERTILIZER IN THIS STATE, TO PROVIDE THAT THIS FEE MUST BE REPORTED, PAID, AND ENFORCED IN THE SAME MANNER THAT THE EXISTING FIFTY CENTS A TON INSPECTION TAX ON THE SALE OF COMMERCIAL FERTILIZER IS REPORTED, PAID, AND ENFORCED, TO PROVIDE THAT THE REVENUES OF THIS INSPECTION FEE MUST BE RETAINED AND EXPENDED BY THE DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS OF CLEMSON UNIVERSITY (CLEMSON PSA) FOR THE SUPPORT OF THE DIVISION'S PROGRAMS, AND TO PROVIDE THAT UNEXPENDED FEE REVENUES AT THE END OF A FISCAL YEAR CARRY FORWARD TO THE SUCCEEDING FISCAL YEAR AND MUST BE USED FOR THE SAME PURPOSES.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4223 (Word version) -- Reps. Nanney, Delleney, Lucas, Simrill, G. M. Smith, Stringer, Bedingfield, Wood, Clemmons, H. A. Crawford, Gagnon, Atwater, Huggins, Owens, Limehouse, Norman, Erickson, Willis, Rivers, Allison, Ballentine, Bannister, Burns, Chumley, Henderson, Long, Merrill, D. C. Moss, Pitts, Pope, G. R. Smith, Tallon, Thayer, Hamilton, Harrell, Toole, Forrester, Felder, Hiott, Taylor, Bowen and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 41, TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA PAIN-CAPABLE UNBORN CHILD PROTECTION ACT", TO PROVIDE FINDINGS OF THE GENERAL ASSEMBLY, TO PROVIDE NECESSARY TERMS, TO PROVIDE A PHYSICIAN OR ALLIED HEALTH PROFESSIONAL SHALL CALCULATE THE PROBABLE POST-FERTILIZATION AGE OF AN EMBRYO OR FETUS BEFORE PERFORMING OR INDUCING AN ABORTION, TO PROVIDE THAT AN ABORTION MAY NOT BE PERFORMED IF THE PROBABLE POST-FERTILIZATION AGE OF THE EMBRYO OR FETUS IS TWENTY OR MORE WEEKS, TO PROVIDE FOR EXCEPTIONS, TO REQUIRE CERTAIN EDUCATIONAL MATERIALS BE PRODUCED AND DISTRIBUTED, AND TO PROVIDE THE ACT DOES NOT IMPLICITLY OR OTHERWISE REPEAL ANOTHER PROVISION OF LAW.
Ordered for consideration tomorrow.
Rep. LOWE, from the Florence Delegation, submitted a favorable report on:
S. 921 (Word version) -- Senator Leatherman: A BILL TO AMEND ACT 250 OF 1991, RELATING TO THE ANNUAL BUDGET FOR FLORENCE SCHOOL DISTRICT NUMBER 5, SO AS TO ONLY REQUIRE A MEETING OF THE CITIZENS IF THE PROPOSED BUDGET REQUIRES A MILLAGE INCREASE.
Ordered for consideration tomorrow.
The following was introduced:
H. 4782 (Word version) -- Rep. Taylor: A HOUSE RESOLUTION TO COMMEND MAYOR FRANK MIZELL OF WINDSOR FOR HIS MANY YEARS OF DEDICATED PUBLIC SERVICE, TO CONGRATULATE HIM UPON HIS RETIREMENT AS MAYOR OF WINDSOR, AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 4785 (Word version) -- Rep. Toole: A HOUSE RESOLUTION TO CONGRATULATE ALICE OUTLAW VINING OF LEXINGTON COUNTY, ON THE OCCASION OF HER NINETIETH BIRTHDAY, AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MANY YEARS OF CONTINUED HEALTH AND HAPPINESS.
The Resolution was adopted.
The following was introduced:
H. 4780 (Word version) -- Reps. Gilliard, Stavrinakis, Mack, Sottile, Whipper and Limehouse: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME MALL DRIVE IN CHARLESTON COUNTY FROM ITS INTERSECTION WITH EAST MONTAGUE AVENUE TO ITS INTERSECTION WITH RIVERS AVENUE "MICHAEL 'MICKEY' S. WHATLEY AVENUE" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "MICHAEL 'MICKEY' S. WHATLEY AVENUE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4783 (Word version) -- Reps. Kennedy and Clyburn: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF UNITED STATES HIGHWAY 378 AND DOUBLE BRIDGES ROAD IN SALUDA COUNTY "CORLEY CROSSROADS" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "CORLEY CROSSROADS".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4784 (Word version) -- Reps. J. E. Smith, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Norrell, R. L. Ott, Owens, Parks, Patrick, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. 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 COMMEND COLONIAL LIFE & ACCIDENT INSURANCE COMPANY ON ITS SEVENTY-FIFTH ANNIVERSARY AND FOR ITS MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4781 (Word version) -- Reps. Allison, Brannon, Chumley, Cole, Forrester, Mitchell, Tallon and Wood: A JOINT RESOLUTION TO PROVIDE FOR THE WAIVER OF FIVE OR FEWER DAYS THAT SCHOOLS IN THE SPARTANBURG SCHOOL 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. ALLISON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4786 (Word version) -- Reps. Henderson, Allison, Bannister, Bedingfield, Chumley, Dillard, Hamilton, Loftis, Nanney, Putnam, Robinson-Simpson, G. R. Smith, Stringer and Willis: A JOINT RESOLUTION TO PROVIDE FOR THE WAIVER OF FIVE OR FEWER DAYS THAT SCHOOLS IN THE GREENVILLE SCHOOL 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. HENDERSON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4787 (Word version) -- Rep. Williams: A JOINT RESOLUTION TO PROVIDE FOR THE WAIVER OF EIGHT OR FEWER DAYS THAT SCHOOLS IN THE FLORENCE COUNTY SCHOOL DISTRICT 4 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. WILLIAMS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4788 (Word version) -- Reps. Burns, Bedingfield, Chumley, H. A. Crawford, Goldfinch, Loftis, Norman, Putnam, Stringer, Willis and Wood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-65 SO AS TO DESIGNATE THE SECOND SUNDAY IN AUGUST AS "SPIRIT OF '45 DAY".
Referred to Committee on Invitations and Memorial Resolutions
S. 812 (Word version) -- Senator O'Dell: A BILL TO AMEND SECTION 11-50-50, AS AMENDED, SECTIONS 11-50-60, 11-50-90, AND 11-50-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE SOUTH CAROLINA RURAL INFRASTRUCTURE AUTHORITY, SO AS TO UPDATE THE LIST OF COUNTIES IN WHICH A BOARD MEMBER MAY RESIDE OR REPRESENT, TO REMOVE THE AUTHORITY FROM THE JURISDICTION OF THE ADMINISTRATIVE PROCEDURES ACT, AND TO NO LONGER REQUIRE THE AUTHORITY TO OBTAIN REVIEW AND APPROVAL OF THE JOINT BOND REVIEW COMMITTEE BEFORE PROVIDING FINANCIAL ASSISTANCE, BUT TO REQUIRE THE AUTHORITY TO SUBMIT AN ANNUAL REPORT TO THE JOINT BOND REVIEW COMMITTEE REGARDING LOANS AND OTHER FINANCIAL ASSISTANCE.
Referred to Committee on Ways and Means
S. 825 (Word version) -- Senators Alexander and Davis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 3-1-40 SO AS TO EXEMPT FROM AD VALOREM TAXATION ANY REAL PROPERTY LOCATED WITHIN A MILITARY BASE OR INSTALLATION THAT IS USED OR OWNED BY THE UNITED STATES ARMED FORCES AND IS USED AS MILITARY HOUSING FOR MILITARY AFFILIATED PERSONNEL AND THEIR FAMILIES EVEN IF THE REAL PROPERTY IS IMPROVED, MAINTAINED, OR LEASED TO A PARTY THAT WOULD OTHERWISE SUBJECT THE REAL PROPERTY TO TAX, SO LONG AS THERE IS A CONTRACTUAL AGREEMENT REQUIRING THE LESSEE TO USE THE PROPERTY FOR MILITARY HOUSING.
Referred to Committee on Ways and Means
S. 842 (Word version) -- Senator Cleary: A BILL TO AMEND CHAPTER 12, TITLE 25 OF THE 1976 CODE, RELATING TO VETERAN'S UNCLAIMED CREMATED REMAINS, TO PROVIDE THAT A CORONER MAY WORK WITH A VETERANS SERVICE ORGANIZATION TO PROVIDE FOR THE DISPOSITION OF UNCLAIMED CREMATED REMAINS OF A VETERAN
PURSUANT TO THE PROVISIONS CONTAINED IN THIS CHAPTER.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 876 (Word version) -- Senators Cromer and Campsen: A BILL TO AMEND SECTION 50-11-355 OF THE 1976 CODE, RELATING TO UNLAWFUL DEER HUNTING NEAR A RESIDENCE, TO PROVIDE THAT IT IS UNLAWFUL TO HUNT DEER WITH FIREARMS NEAR A RESIDENCE WITHOUT THE PERMISSION OF THE OWNER AND OCCUPANT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 989 (Word version) -- Senator Nicholson: A BILL TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO REVISE BOUNDARIES OF EXISTING PRECINCTS AND TO DESIGNATE THE MAP NUMBER ON WHICH THE BOUNDARIES OF GREENWOOD 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.
On motion of Rep. PARKS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allison Anderson Anthony Bales Bannister Barfield Bedingfield Bernstein Bingham Bowen Bowers Branham R. L. Brown Burns Chumley Clemmons Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Dillard Douglas Erickson Felder Finlay Forrester Funderburk Gagnon
Gambrell George Gilliard Goldfinch Hamilton Hardee Hardwick Harrell Hart Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Kennedy King Knight Limehouse Loftis Long Lowe Mack McCoy McEachern W. J. McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Newton Norman Norrell R. L. Ott Owens Parks Patrick Pitts Pope Putnam Ridgeway Rivers Robinson-Simpson Rutherford Ryhal Sabb Sandifer Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper White Whitmire Williams Willis Wood
I came in after the roll call and was present for the Session on Wednesday, February 26.
Nathan Ballentine Grady Brown Tracy Edge Jerry Govan James Lucas Mia S. McLeod Chris Murphy Wendy Nanney Joseph Neal Shannon Riley Bakari Sellers Richard "Rick" Quinn
The SPEAKER granted Rep. BRANNON a leave of absence for the day due to a court appearance.
The SPEAKER granted Rep. ATWATER a leave of absence for the day due to business reasons.
The SPEAKER granted Rep. EDGE a temporary leave of absence.
The SPEAKER granted Rep. STAVRINAKIS a leave of absence for the remainder of the day due to legislative business.
The SPEAKER granted Rep. MERRILL a leave of absence for the remainder of the day due to legislative business.
I was unable to attend session on Tuesday, February 25, 2014, due to a family funeral in Charleston.
Rep. Leon Stavrinakis
Announcement was made that Dr. David Garr was the Doctor of the Day for the General Assembly.
Rep. FORRESTER presented to the House the South Carolina School for the Deaf and the Blind students and school officials.
Rep. HENDERSON presented to the House the Riverside High School Varsity Girls Cross Country Team, the 2013 Class AAAA State Champions, their coaches and other school officials.
Rep. G. R. SMITH, WILLIS and BEDINGFIELD presented to the House the Hillcrest High School Girls Volleyball Team, the 2013 Class AAAA State Champions, their coaches and other school officials.
Rep. LUCAS presented to the House the Hartsville Northern Baseball Team, the 2013 Dixie Youth AAA World Series Champions, their coaches and officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4386 (Word version)
Date: ADD:
02/26/14 FELDER, SOUTHARD and KENNEDY
Bill Number: H. 4764 (Word version)
Date: ADD:
02/26/14 JEFFERSON
Bill Number: H. 3198 (Word version)
Date: ADD:
02/26/14 BALLENTINE
Bill Number: H. 4403 (Word version)
Date: ADD:
02/26/14 KING
Bill Number: H. 4364 (Word version)
Date: ADD:
02/26/14 WHIPPER and R. L. BROWN
Bill Number: H. 3169 (Word version)
Date: ADD:
02/26/14 WHIPPER
Bill Number: H. 4347 (Word version)
Date: ADD:
02/26/14 WHIPPER
Bill Number: H. 4624 (Word version)
Date: ADD:
02/26/14 NANNEY
Bill Number: H. 4348 (Word version)
Date: ADD:
02/26/14 FELDER
The following Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 4734 (Word version) -- Reps. King, Pope, Norman, Felder, Delleney, V. S. Moss, Long, Simrill and D. C. Moss: A JOINT RESOLUTION TO PROVIDE FOR THE WAIVER OF FIVE OR FEWER DAYS THAT SCHOOLS IN YORK COUNTY 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.
H. 4738 (Word version) -- Rep. Williams: A JOINT RESOLUTION TO PROVIDE FOR THE WAIVER OF EIGHT OR FEWER DAYS THAT SCHOOLS IN THE DARLINGTON COUNTY SCHOOL 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.
H. 4740 (Word version) -- Reps. Hiott, Owens and Skelton: A JOINT RESOLUTION TO PROVIDE FOR THE WAIVER OF SIX OR FEWER DAYS THAT SCHOOLS IN THE PICKENS COUNTY SCHOOL 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.
H. 4750 (Word version) -- Reps. Norrell and Long: A JOINT RESOLUTION TO PROVIDE THAT THE LANCASTER 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.
H. 4756 (Word version) -- Rep. Douglas: A JOINT RESOLUTION TO PROVIDE FOR THE WAIVER OF FIVE OR FEWER DAYS THAT SCHOOLS IN THE FAIRFIELD COUNTY SCHOOL 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.
H. 4762 (Word version) -- Reps. Govan, Hosey, R. L. Ott and Cobb-Hunter: A JOINT RESOLUTION TO PROVIDE THAT THE ORANGEBURG CONSOLIDATED SCHOOL DISTRICT 5 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.
The following Joint Resolution was taken up:
H. 4763 (Word version) -- Rep. Anthony: A JOINT RESOLUTION TO PROVIDE FOR THE WAIVER OF FIVE OR FEWER DAYS THAT SCHOOLS IN THE UNION COUNTY SCHOOL 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.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Anthony Bannister Bedingfield Bowers Burns Clemmons Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Dillard Douglas Gagnon George Hardwick
Harrell Henderson Herbkersman Hodges Hosey Jefferson Knight Long Lucas McCoy McEachern W. J. McLeod D. C. Moss V. S. Moss Nanney Neal Norrell Pope Ridgeway Robinson-Simpson Sandifer Skelton G. M. Smith J. R. Smith Sottile Southard Spires Vick White Willis Wood
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 4764 (Word version) -- Reps. Crosby and Jefferson: A JOINT RESOLUTION TO PROVIDE FOR THE WAIVER OF DAYS MISSED ON JANUARY 29 AND 30, 2014, AND FEBRUARY 12 AND 13, 2014, BY SCHOOLS IN THE BERKELEY COUNTY SCHOOL 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.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bannister Bedingfield Bingham Bowen Bowers Clemmons H. A. Crawford K. R. Crawford Crosby Daning Dillard Douglas Gagnon George Hardee Hardwick Harrell Henderson Hodges Hosey Jefferson Knight Limehouse Long Lowe Lucas McCoy Nanney Norrell Putnam Ridgeway Rivers Robinson-Simpson Rutherford Sellers Skelton Sottile Spires Taylor Weeks White Willis Wood
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 4767 (Word version) -- Rep. R. L. Ott: A JOINT RESOLUTION TO PROVIDE FOR THE WAIVER OF FIVE OR FEWER DAYS THAT SCHOOLS IN THE CALHOUN COUNTY SCHOOL 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.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bannister Bowen Bowers Cobb-Hunter Crosby Daning Delleney Dillard Douglas Gagnon George Hardee Hardwick Hosey King Knight Loftis Long Lowe Lucas McCoy D. C. Moss Norrell R. L. Ott Pope Putnam Ridgeway Sottile Southard Spires Taylor Vick Weeks White Willis Wood
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 4771 (Word version) -- Reps. G. M. Smith and Weeks: A JOINT RESOLUTION TO PROVIDE FOR THE WAIVER OF SEVEN OR FEWER DAYS THAT SCHOOLS IN THE SUMTER COUNTY SCHOOL 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.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bannister Bedingfield Bingham Bowen Bowers G. A. Brown R. L. Brown Clemmons K. R. Crawford Crosby Daning Dillard Douglas Gagnon George Hamilton Hardee Hardwick Henderson Herbkersman Hodges Hosey Knight Limehouse Loftis Long Lowe Lucas McCoy D. C. Moss Norman Norrell Pope Putnam Ridgeway Rivers Robinson-Simpson G. M. Smith J. R. Smith Sottile Spires Taylor Weeks Wells White Willis Wood
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 4774 (Word version) -- Reps. Newton, Patrick, Herbkersman, Erickson, Hayes, Bowers and Hodges: A JOINT RESOLUTION TO PROVIDE FOR THE WAIVER OF DAYS THAT SCHOOLS IN THE BEAUFORT SCHOOL 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.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bales Bannister Bedingfield Bingham Bowen Burns Clemmons Clyburn H. A. Crawford K. R. Crawford Daning Delleney Dillard Douglas Felder Gagnon Hardwick Harrell Herbkersman Hixon Hodges Hosey Knight Limehouse Long Lowe Lucas McCoy McEachern W. J. McLeod D. C. Moss V. S. Moss Nanney Norman Norrell Patrick Pitts Pope Putnam Robinson-Simpson Simrill G. M. Smith Sottile Spires White Willis
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of
each be changed to that of an Act, and that they be enrolled for ratification:
S. 689 (Word version) -- Senator Bryant: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN ANDERSON COUNTY, SO AS TO ADD THE "BELTON ANNEX" PRECINCT, THE "NORTH POINTE" PRECINCT, AND THE "GLENVIEW" PRECINCT, TO REDESIGNATE A MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC LANGUAGE.
S. 807 (Word version) -- Senators Setzler, Courson, Cromer, Massey and Shealy: A BILL TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO ADD FOUR PRECINCTS AND DELETE ONE PRECINCT AND TO REDESIGNATE THE MAP NUMBER ON WHICH THESE MAY BE FOUND AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
S. 953 (Word version) -- Senators Leatherman, Setzler, O'Dell and Alexander: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE INTERNAL REVENUE CODE TO STATE INCOME TAX LAWS, SO AS TO UPDATE THE REFERENCE TO THE INTERNAL REVENUE CODE TO THE YEAR 2013 AND TO PROVIDE THAT ANY INTERNAL REVENUE CODE SECTIONS ADOPTED BY THE STATE THAT EXPIRED ON DECEMBER 31, 2013, THAT ARE EXTENDED BY CONGRESSIONAL ENACTMENT IN 2014 ARE ALSO EXTENDED FOR SOUTH CAROLINA INCOME TAX PURPOSES.
S. 987 (Word version) -- Senators S. Martin, Bright, Reese and Corbin: A BILL TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN SPARTANBURG COUNTY, SO AS TO CHANGE THE NAMES OF THREE PRECINCTS AND TO
REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
Rep. HARDWICK moved to adjourn debate on the motion to reconsider the vote whereby the S. 757 was adopted and returned to the Senate with concurrence, which was agreed to.
On motion of Rep. COBB-HUNTER, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
H. 4403 (Word version) -- Reps. Cobb-Hunter, Dillard and King: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-75 SO AS TO DECLARE JANUARY SEVENTEENTH OF EACH YEAR AS "EARTHA KITT DAY" IN SOUTH CAROLINA IN HONOR OF THE LATE EARTHA MAE KITT, NATIONALLY AND INTERNATIONALLY KNOWN ACTRESS, SINGER, AND NATIVE SOUTH CAROLINIAN AND TO PROMOTE CULTURAL TOURISM IN THE STATE IN ORDER TO ENHANCE THE ECONOMIC WELL-BEING AND IMPROVE THE QUALITY OF LIFE OF ALL SOUTH CAROLINIANS.
The following Concurrent Resolution was taken up:
S. 943 (Word version) -- Senators Bryant and Alexander: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE DAN DELLINGER, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AT 12:00 P.M. ON TUESDAY, MARCH 4, 2014.
Rep. BARFIELD proposed the following Amendment No. 1 to S. 943 (COUNCIL\NL\943C001.NL.AB14), which was adopted:
Amend the concurrent resolution, as and if amended, page 2, line 8, by deleting / 12:00 / and inserting / 1:00 /.
Renumber sections to conform.
Amend title to conform.
Rep. BARFIELD explained the amendment.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.
The motion period was dispensed with on motion of Rep. GAGNON.
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. J. E. SMITH moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. HARDWICK moved to table the motion.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Ballentine Bannister Barfield Bedingfield Bingham Bowen Burns Chumley Clemmons Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Felder Finlay Forrester Gagnon Gambrell George Goldfinch Hamilton Hardee Hardwick Harrell Hayes Henderson Hiott Hixon Horne Huggins Kennedy Knight Limehouse Loftis Lowe D. C. Moss V. S. Moss Murphy Nanney Norman R. L. Ott Owens Patrick Pitts Putnam Riley Rivers Ryhal Sandifer Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Southard Spires Stringer Tallon Taylor Thayer Vick Wells White Whitmire Willis Wood
Those who voted in the negative are:
Anderson Bales Bernstein Bowers Branham R. L. Brown Clyburn Dillard Douglas
Erickson Funderburk Gilliard Herbkersman Hosey Jefferson King Long Mack McCoy McEachern M. S. McLeod W. J. McLeod Munnerlyn Neal Newton Norrell Pope Ridgeway Robinson-Simpson Rutherford Sabb Sellers J. E. Smith Toole Weeks Whipper Williams
So, the motion to recommit the Bill was tabled.
Rep. J. E. SMITH moved to continue the Bill.
Rep. HARDWICK demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bales Bernstein Bowers R. L. Brown Dillard Douglas Erickson Funderburk Gilliard Herbkersman Jefferson King Mack W. J. McLeod Munnerlyn Neal Newton Norrell Ridgeway Robinson-Simpson Rutherford Sabb J. E. Smith Whipper Williams
Those who voted in the negative are:
Allison Anderson Ballentine Bannister Barfield Bedingfield Bingham Bowen G. A. Brown Burns Chumley Clemmons Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney
Felder Finlay Forrester Gagnon Gambrell George Goldfinch Hamilton Hardee Hardwick Harrell Henderson Hiott Hixon Horne Huggins Kennedy Knight Limehouse Loftis Lowe Lucas McCoy McEachern M. S. McLeod D. C. Moss V. S. Moss Murphy Nanney Norman R. L. Ott Owens Pitts Pope Putnam Riley Rivers Ryhal Sandifer Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Southard Spires Stringer Tallon Taylor Thayer Toole Vick Weeks Wells White Whitmire Willis Wood
So, the House refused to continue the Bill.
Rep. J. E. SMITH moved to adjourn debate on the Bill until Tuesday, March 4.
Rep. HARDWICK moved to table the motion.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Ballentine Bannister Barfield Bedingfield Bingham Bowen G. A. Brown Burns Chumley Clemmons Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Felder
Finlay Forrester Gagnon Gambrell Goldfinch Hamilton Hardee Hardwick Harrell Henderson Hiott Hixon Horne Huggins Kennedy Knight Limehouse Loftis Long Lowe Lucas M. S. McLeod D. C. Moss V. S. Moss Murphy Nanney Norman R. L. Ott Owens Pitts Pope Putnam Riley Rivers Sandifer Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Southard Spires Stringer Tallon Taylor Thayer Toole Vick Weeks Wells White Whitmire Willis Wood
Those who voted in the negative are:
Bernstein Bowers Branham R. L. Brown Dillard Douglas Erickson Funderburk Gilliard Herbkersman Jefferson Mack McCoy McEachern W. J. McLeod Munnerlyn Neal Newton Norrell Patrick Ridgeway Rutherford Sabb J. E. Smith Whipper Williams
So, the motion to adjourn debate was tabled.
Rep. J .E. SMITH proposed the following Amendment No. 4 H. 3925 (COUNCIL\MS\3925C004.MS.AHB14):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 48-1-330 of the 1976 Code is amended to read:
"Section 48-1-330. (A) Any person violating any of the provisions of this chapter, or any rule or regulation, permit or permit condition, final determination or order of the Department, shall be subject to a civil penalty not to exceed ten thousand dollars per day of such violation.
(B) An enforcement order for similar or related violations to those addressed in a previous enforcement order must:
(1) for a second enforcement order involving similar or related violations, increase the penalty amount by thirty-five percent over the previous enforcement order;
(2) for a third enforcement order involving similar or related violations, increase the penalty amount by seventy percent over the previous order and allow for notice and a public hearing; and
(3) for a fourth enforcement order involving similar or related violations, increase the penalty amount by seventy percent over the previous order, revoke the permit holder's permit, and refer the permit holder to the Attorney General's Office for criminal prosecution.
(C) New similar or related violations to those addressed in a third enforcement order are wilful per se. The Department shall use administrative orders for any third, fourth, or additional enforcement order after the fourth enforcement order.
(D) As used in this section:
(1) 'Repeat offender' means any person who allows to occur similar or related violations to those addressed in a previous enforcement order involving the same person, facility, site, or permit.
(2) 'Similar or related violations' mean the same permit, regulation, or statute were involved in the violation.
(3) 'Enforcement order' means an enforcement conference where justification was found to resolve the violations without an order, consent order, administrative order, or any similar orders enforcing the provisions of this section." /
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. HIOTT raised the Point of Order that Amendment No. 4 to H. 3925 was out of order in that it was not germane to the Bill. He
stated that the Bill dealt with the legal right to bring a cause of action against violators of the Act, while the Amendment concerned penalties to be assessed upon repeat violators of the Act.
Rep. J. E. SMITH spoke against the Point.
SPEAKER HARRELL overruled the Point of Order stating that H. 3925 concerned who can bring a cause of action alleging violations of the Pollution Control Act and that the Amendment related to penalties possibly resulting from causes of action. He overruled the Point of Order and stated that the Amendment No. 4 was germane.
Rep. J. E. SMITH continued speaking.
Rep. J. E. SMITH moved that the House recede until 1:30 p.m., which was agreed to.
Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 4.
At 1:30 p.m. the House resumed, ACTING SPEAKER SKELTON in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. PUTNAM a leave of absence for the remainder of the day due to a family medical appointment.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 4:
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. J. E. SMITH proposed the following Amendment No. 4 to H. 3925 (COUNCIL\MS\3925C004.MS.AHB14), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 48-1-330 of the 1976 Code is amended to read:
"Section 48-1-330. (A) Any person violating any of the provisions of this chapter, or any rule or regulation, permit or permit condition, final determination or order of the Department, shall be subject to a civil penalty not to exceed ten thousand dollars per day of such violation.
(B) An enforcement order for similar or related violations to those addressed in a previous enforcement order must:
(1) for a second enforcement order involving similar or related violations, increase the penalty amount by thirty-five percent over the previous enforcement order;
(2) for a third enforcement order involving similar or related violations, increase the penalty amount by seventy percent over the previous order and allow for notice and a public hearing; and
(3) for a fourth enforcement order involving similar or related violations, increase the penalty amount by seventy percent over the
previous order, revoke the permit holder's permit, and refer the permit holder to the Attorney General's Office for criminal prosecution.
(C) New similar or related violations to those addressed in a third enforcement order are wilful per se. The Department shall use administrative orders for any third, fourth, or additional enforcement order after the fourth enforcement order.
(D) As used in this section:
(1) 'Repeat offender' means any person who allows to occur similar or related violations to those addressed in a previous enforcement order involving the same person, facility, site, or permit.
(2) 'Similar or related violations' mean the same permit, regulation, or statute were involved in the violation.
(3) 'Enforcement order' means an enforcement conference where justification was found to resolve the violations without an order, consent order, administrative order, or any similar orders enforcing the provisions of this section." /
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. HARDWICK moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Anthony Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Burns Chumley Clemmons Cole H. A. Crawford K. R. Crawford Crosby Delleney Edge Felder Finlay Forrester Gagnon George Goldfinch Hardwick Harrell Henderson Hiott Hixon Horne Huggins Kennedy Loftis Lowe Lucas D. C. Moss V. S. Moss Murphy Nanney
Norman R. L. Ott Pope Quinn Riley Rivers Ryhal Sandifer Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Southard Spires Stringer Tallon Taylor Thayer Vick Whitmire Willis Wood
Those who voted in the negative are:
Bernstein Bowers G. A. Brown R. L. Brown Clyburn Cobb-Hunter Daning Dillard Douglas Erickson Funderburk Gilliard Govan Herbkersman Hodges Hosey Jefferson King Long Mack McCoy McEachern M. S. McLeod W. J. McLeod Munnerlyn Neal Newton Norrell Parks Patrick Ridgeway Rutherford Sabb Sellers J. E. Smith Weeks Whipper
So, the amendment was tabled.
Rep. W. J. McLeod proposed the following Amendment No. 5 to H. 3925 (COUNCIL\MS\3925C005.MS.AHB14):
Amend the bill, and if amended, by deleting Section 48-1-90(A)(4) on page 2 and inserting:
/ "(4) A Any person, other than the department or an agency, commission, department, or political subdivision of the State, asserting that a person is in violation of this section must first petition the department in writing for a declaratory ruling as to the applicability of a specific, existing regulatory program to a proposed or existing discharge into the environment, provided that the proposed or existing discharge is not exempt or excluded from permitting as is set forth in
subsection (A)(2). The person proposing to emit or emitting such discharge must be named on and served with the petition. The department must issue, within sixty days after receipt of such petition, issue a declaratory ruling as to the applicability of such program to such discharge. If the department determines a permit is required under such program and that no exception or exclusion exists, including, but not limited to, the exceptions set forth in subsection (A)(2), the department must issue a declaration requiring the submission of an application to permit such discharge pursuant to the applicable permitting program. If the department further determines that immediate action is necessary to protect the public health or property due to such unpermitted discharge, the department may further declare the existence of an emergency and order such action as the department deems necessary to address the emergency. Any person to whom such emergency order is directed may apply directly to the Administrative Law Court for relief and must be afforded a hearing within forty-eight hours. Regardless of whether a hearing is held, the department must revoke all emergency orders as soon as conditions or operations change to the extent that an emergency no longer exists. A party contesting any who wishes to contest a department decision on a petition may that a permit is not required must request a contested case hearing in the Administrative Law Court. Notwithstanding the administrative remedy provided for in this section, no private cause of action is created by or exists under this chapter." /
Amend the bill further, by deleting SECTION 3 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. W. J. MCLEOD explained the amendment.
Rep. W. J. MCLEOD spoke in favor of the amendment.
Rep. W. J. MCLEOD moved to adjourn debate on the amendment, which was agreed to.
Reps. J. E. SMITH and NEWTON proposed the following Amendment No. 6 to H. 3925 (COUNCIL\NBD\3925C031. NBD.AC14), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Chapter 1, Title 48 of the 1976 Code is amended by adding:
"Section 48-1-273. Notwithstanding any other provision of this Chapter or any other provision of law, a person who can demonstrate receiving or suffering a direct impact from a violation of this chapter has a private cause of action against potentially responsible parties."/
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. LUCAS spoke against the amendment.
Rep. LUCAS moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Ballentine Bannister Barfield Bedingfield Bingham Bowen Burns Chumley Clemmons Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Edge Felder Finlay Forrester Gagnon Gambrell George Goldfinch Hardee Hardwick Harrell Henderson Hiott Hixon Horne Huggins Limehouse Loftis Long Lowe Lucas D. C. Moss V. S. Moss Nanney Norman R. L. Ott Owens Patrick Quinn Riley Rivers Ryhal Sandifer Simrill Skelton G. R. Smith J. R. Smith Sottile Southard Stringer Tallon Taylor Thayer Vick Wells Whitmire Willis Wood
Those who voted in the negative are:
Alexander Anderson Bales Bernstein Bowers Branham G. A. Brown R. L. Brown Clyburn Cobb-Hunter Douglas Erickson Funderburk Gilliard Govan Hodges Hosey Jefferson Kennedy King Knight McCoy McEachern M. S. McLeod W. J. McLeod Munnerlyn Neal Newton Norrell Parks Pope Ridgeway Robinson-Simpson Rutherford Sabb Sellers G. M. Smith J. E. Smith Spires Toole Weeks Whipper Williams
So, the amendment was tabled.
The SPEAKER granted Rep. GOVAN a temporary leave of absence.
Rep. J. E. SMITH proposed the following Amendment No. 14 to H. 3925 (COUNCIL\NBD\3925C021.NBD.AC14), which was tabled:
Amend the bill, as and if amended, by adding appropriately numbered SECTION to read:
/SECTION __. Chapter 1, Title 48 of the 1976 Code is amended by adding:
"Section 48-1-270. (A) Any person currently operating in this State or any person operating in this State in the future may violate the Pollution Control Act such that the violation creates up to one billion dollars in pollution costs.
(B) If a violation of the Pollution Control Act occurs, as provided for in subsection (A), the department shall conduct a public hearing on each such violation. The hearing must be held in the community or region polluted by the violation to advise the public that the General Assembly, with the approval of the Governor, has allowed that community or region to be polluted up to one billion dollars and that no
action is provided for under the Pollution Control Act to prevent such violation." /
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
The SPEAKER granted Rep. WHITE a temporary leave of absence to attend an Ad Hoc meeting concerning K-16 education issues.
The SPEAKER granted Rep. LIMEHOUSE a temporary leave of absence to attend an Ad Hoc meeting concerning K-16 education issues.
The SPEAKER granted Rep. BALES a temporary leave of absence to attend an Ad Hoc meeting concerning K-16 education issues.
The SPEAKER granted Rep. SKELTON a temporary leave of absence to attend an Ad Hoc meeting concerning K-16 education issues.
The SPEAKER granted Rep. HAYES a temporary leave of absence to attend an Ad Hoc meeting concerning K-16 education issues.
The SPEAKER granted Rep. BINGHAM a temporary leave of absence to attend an Ad Hoc meeting concerning K-16 education issues.
Rep. NEWTON moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. HARDWICK moved to table the motion.
Rep. HIOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Ballentine Bannister Barfield Bedingfield Bowen Burns Chumley Clemmons Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Edge Felder Finlay Forrester Gagnon Gambrell Goldfinch Hardee Hardwick Harrell Henderson Hiott Hixon Horne Huggins Loftis Lowe Lucas M. S. McLeod D. C. Moss V. S. Moss Murphy Nanney Norman R. L. Ott Owens Pitts Pope Quinn Riley Rivers Ryhal Sandifer Simrill G. M. Smith J. R. Smith Sottile Southard Stringer Tallon Taylor Thayer Toole Vick Wells Willis Wood
Those who voted in the negative are:
Alexander Anderson Bernstein Bowers Branham G. A. Brown R. L. Brown Clyburn Cobb-Hunter Dillard Douglas Erickson Funderburk George Gilliard Hart Hodges Hosey Jefferson Kennedy King Knight Long Mack McCoy McEachern W. J. McLeod Munnerlyn Neal Newton Norrell Parks Ridgeway
Robinson-Simpson Rutherford Sabb Sellers J. E. Smith Spires Weeks Whipper Williams
So, the motion to recommit the Bill was tabled.
Rep. J. E. SMITH moved to table the amendment, which was agreed to.
The SPEAKER granted Rep. G. M. SMITH a temporary leave of absence to attend an Ad Hoc meeting concerning K-16 education issues.
The SPEAKER granted Rep. J. R. SMITH a temporary leave of absence to attend an Ad Hoc meeting concerning K-16 education issues.
The SPEAKER granted Rep. COBB-HUNTER a temporary leave of absence to attend an Ad Hoc meeting concerning K-16 education issues.
Rep. W. J. McLeod proposed the following Amendment No. 5 to H. 3925 (COUNCIL\MS\3925C005.MS.AHB14), which was tabled:
Amend the bill, and if amended, by deleting Section 48-1-90(A)(4) on page 2 and inserting:
/ "(4) A Any person, other than the department or an agency, commission, department, or political subdivision of the State, asserting that a person is in violation of this section must first petition the department in writing for a declaratory ruling as to the applicability of a specific, existing regulatory program to a proposed or existing discharge into the environment, provided that the proposed or existing discharge is not exempt or excluded from permitting as is set forth in subsection (A)(2). The person proposing to emit or emitting such discharge must be named on and served with the petition. The department must issue, within sixty days after receipt of such petition, issue a declaratory ruling as to the applicability of such program to such discharge. If the department determines a permit is required
under such program and that no exception or exclusion exists, including, but not limited to, the exceptions set forth in subsection (A)(2), the department must issue a declaration requiring the submission of an application to permit such discharge pursuant to the applicable permitting program. If the department further determines that immediate action is necessary to protect the public health or property due to such unpermitted discharge, the department may further declare the existence of an emergency and order such action as the department deems necessary to address the emergency. Any person to whom such emergency order is directed may apply directly to the Administrative Law Court for relief and must be afforded a hearing within forty-eight hours. Regardless of whether a hearing is held, the department must revoke all emergency orders as soon as conditions or operations change to the extent that an emergency no longer exists. A party contesting any who wishes to contest a department decision on a petition may that a permit is not required must request a contested case hearing in the Administrative Law Court. Notwithstanding the administrative remedy provided for in this section, no private cause of action is created by or exists under this chapter." /
Amend the bill further, by deleting SECTION 3 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. HARDWICK moved to table the amendment, which was agreed to.
The question then recurred to the passage of the Bill.
Rep. NEAL spoke against the Bill.
Rep. W. J. MCLEOD moved to adjourn debate on the Bill, which was agreed to.
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 OF THE BIENNIAL REGISTRATION FEES PROVIDED PURSUANT TO SECTION 56-3-620.
The Committee on Ways and Means proposed the following Amendment No. 1 to H. 3796 (COUNCIL\BBM\3796C002. BBM.HTC13), which was adopted:
Amend the , and if amended, by by striking Section 56-3-630(B), as contained in SECTION 2, page 2, and inserting:
/ (B)(1) Trucks described as private passenger motor vehicles pursuant to subsection (A) of this section owned or leased by an individual exclusively for personal use are subject to the state biennial registration fees provided pursuant to Section 56-3-620. For purposes of this subsection, 'exclusively for personal use' means a truck for which none of the expenses of acquisition or operation are eligible to be deducted from income in computing any federal income tax liability of the individual who registers the vehicle.
(2) Before a truck may be registered for the fee allowed pursuant to item (1) of this subsection, the applicant must execute an affidavit signed under penalty for perjury certifying that the truck qualifies for the registration fee allowed pursuant to item (1) of this subsection. The affidavit must be in a form prescribed by the South Carolina Department of Motor Vehicles that is furnished to all persons applying to register a truck qualifying by weight as a 'private passenger' motor vehicle. If a properly executed affidavit is not submitted by the applicant, the fee to register the truck is as provided pursuant to Section 56-3-660. /
Renumber sections to conform.
Amend title to conform.
Rep. PITTS explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Ballentine Bannister Barfield Bedingfield Bernstein Bingham Bowers Branham G. A. Brown R. L. Brown Burns Chumley Clemmons Clyburn Cobb-Hunter Cole H. A. Crawford Daning Delleney Douglas Edge Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Hardee Hardwick Harrell Hart Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Huggins Jefferson Kennedy King Knight Limehouse Loftis Lowe Lucas Mack McCoy McEachern D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Neal Norman Norrell R. L. Ott Parks Patrick Pitts Pope Quinn Ridgeway Riley Rivers Ryhal Sabb Sandifer Sellers Simrill G. M. Smith G. R. Smith J. R. Smith Sottile Spires Stringer Tallon
Taylor Thayer Toole Vick Weeks Wells Whipper White Williams Willis Wood
Those who voted in the negative are:
Skelton J. E. Smith
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. HARDWICK moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to:
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.
Reps. LUCAS, QUINN, HIOTT, NEWTON, TOOLE, J. E. SMITH, ERICKSON, and POPE proposed the following Amendment No. 28 to H. 3925 (COUNCIL\NBD\3925C034.NBD.AC14), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 3 of the bill in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. LUCAS explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill.
Rep. LUCAS spoke in favor of the Bill.
Rep. HARDWICK proposed the following Amendment No. 29 to H. 3925 (LEGWORK\HOUSE\COMBINED_COUNCIL_ AMEND MENTS\39 25C012.NBD.AC14 KRL), which was adopted:
Amend the bill, as and if amended, SECTION 48-1-90(A)(4) page 2, beginning on line 40 by deleting / or criminal /.
Renumber sections to conform.
Amend title to conform.
The amendment was then adopted.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anthony Bales Ballentine Bannister Barfield Bedingfield Bingham Bowers Burns Chumley Clemmons Cole H. A. Crawford Crosby
Daning Delleney Edge Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Goldfinch Hardee Hardwick Harrell Henderson Herbkersman Hiott Hixon Horne Hosey Huggins Kennedy Limehouse Loftis Long Lowe Lucas McCoy M. S. McLeod D. C. Moss V. S. Moss Murphy Nanney Newton Norman R. L. Ott Owens Patrick Pitts Pope Quinn Riley Rivers Ryhal Sandifer Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Southard Spires Stringer Tallon Taylor Thayer Toole Vick Wells White Whitmire Willis Wood
Those who voted in the negative are:
Alexander Anderson Bernstein Branham G. A. Brown R. L. Brown Cobb-Hunter Dillard Douglas Gilliard Hart Hodges Jefferson King Knight Mack McEachern W. J. McLeod Munnerlyn Neal Norrell Parks Ridgeway Robinson-Simpson Sabb Sellers J. E. Smith Weeks Whipper Williams
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. HARDEE moved that the House recur to the morning hour, which was agreed to.
The following was received:
Columbia, S.C., February 26, 2014
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the appointee's Congressional Delegation and is, therefore, submitted for your consideration.
Statewide Appointment
South Carolina State Board for Technical and Comprehensive Education
Term Commencing: July 1, 2012
Term Expiring: July 1, 2018
Seat: 7th Congressional District
Vice: Vacant due to Redistricting
Appointment
Mr. Daniel Philip Gray
5410 Hampton Circle
Myrtle Beach, South Carolina 29577
My very best,
Nikki R. Haley
Governor
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., February 26, 2014
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 943:
S. 943 (Word version) -- Senators Bryant and Alexander: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE DAN DELLINGER, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AT 12:00 P.M. ON TUESDAY, MARCH 4, 2014.
Received as information.
The following was received:
Columbia, S.C., February 26, 2014
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber tomorrow at 11:15 a.m. for the purpose of ratifying Acts.
Very respectfully,
President
On motion of Rep. BARFIELD the invitation was accepted.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 681 (Word version) -- Senator Hembree: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 701 FROM ITS INTERSECTION WITH THE LIMITS OF THE CITY OF CONWAY TO ITS INTERSECTION WITH SOUTH CAROLINA
HIGHWAY 22 "W. D. 'BILLY' WITHERSPOON HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "W. D. 'BILLY' WITHERSPOON HIGHWAY".
Ordered for consideration tomorrow.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 682 (Word version) -- Senator Hembree: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTURE OF SOUTH CAROLINA HIGHWAYS 9 AND 57 IN HORRY COUNTY "STALVEY BELLAMY INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "STALVEY BELLAMY INTERSECTION".
Ordered for consideration tomorrow.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 966 (Word version) -- Senator Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME A PORTION OF BLUFF ROAD FROM THE INTERSECTION OF BLUFF ROAD AND LIBERTY STREET TO THE INTERSECTION OF BLUFF ROAD AND PENDERBORO ROAD IN MARION COUNTY THE "CHIEF WILLIE LEE SMITH HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CHIEF WILLIE LEE SMITH HIGHWAY".
Ordered for consideration tomorrow.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1003 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT APPROPRIATE SIGNS AT EXIT 27 ALONG INTERSTATE HIGHWAY 77 IN RICHLAND COUNTY THAT CONTAIN THE
WORDS "BLYTHEWOOD HOME OF THE UNIVERSITY OF SOUTH CAROLINA EQUESTRIAN TEAM".
Ordered for consideration tomorrow.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 934 (Word version) -- Senators Scott, Alexander, Allen, Bennett, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Corbin, Courson, Cromer, Davis, Fair, Gregory, Grooms, Hayes, Hembree, Hutto, Jackson, Johnson, Kimpson, Leatherman, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McElveen, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Setzler, Shealy, Sheheen, Thurmond, Turner, Verdin, Williams and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE HIGHWAY INTERCHANGE LOCATED AT THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 277 AND PARKLANE ROAD IN RICHLAND COUNTY "BERNICE SKINNER INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS HIGHWAY INTERCHANGE THAT CONTAIN THE WORDS "BERNICE SKINNER INTERCHANGE".
Ordered for consideration tomorrow.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1018 (Word version) -- Senators Hutto, Alexander, Allen, Bennett, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Corbin, Courson, Cromer, Davis, Fair, Gregory, Grooms, Hayes, Hembree, Jackson, Johnson, Kimpson, Leatherman, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McElveen, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Scott, Setzler, Shealy, Sheheen, Thurmond, Turner, Verdin, Williams and Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF INTERSTATE HIGHWAY 26 IN ORANGEBURG COUNTY BETWEEN EXIT 145 AND 154 "KAREN J. WILLIAMS MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "KAREN J. WILLIAMS MEMORIAL HIGHWAY, FIRST FEMALE JUDGE
AND CHIEF JUDGE OF THE UNITED STATES 4TH CIRCUIT COURT OF APPEALS".
Ordered for consideration tomorrow.
Rep. OWENS, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3428 (Word version) -- Reps. Allison, Erickson, M. S. McLeod, J. E. Smith, Spires, Hiott, Owens, Whitmire, Douglas, Hamilton, Bannister, Neal, Alexander, Weeks, Norrell, Bales, Anderson, Robinson-Simpson, Williams, Henderson, Sottile, Munnerlyn, Rutherford, Vick, R. L. Brown, Whipper, Branham, Govan, J. R. Smith, Hayes, George, Funderburk, W. J. McLeod, Bernstein, Felder and Wood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-152-25 SO AS TO DEFINE TERMS CONCERNING THE FIRST STEPS TO SCHOOL READINESS INITIATIVE; BY ADDING SECTION 59-152-32 SO AS TO PROVIDE THE FIRST STEPS BOARD OF TRUSTEES SHALL DEVELOP A COMPREHENSIVE LONG-RANGE INITIATIVE AND STRATEGY FOR SCHOOL READINESS; BY ADDING SECTION 59-152-33 SO AS TO PROVIDE A STATEWIDE ASSESSMENT OF STUDENT SCHOOL READINESS; BY ADDING SECTION 63-11-1725 SO AS TO PROVIDE FOR THE COMPOSITION, FUNCTION, AND DUTIES OF THE SOUTH CAROLINA EARLY CHILDHOOD ADVISORY COUNCIL; BY ADDING SECTION 63-11-1735 SO AS TO PROVIDE FIRST STEPS SHALL ENSURE THE COMPLIANCE OF BABYNET WITH FEDERAL MAINTENANCE OF EFFORT REQUIREMENTS, AND TO DEFINE CERTAIN TERMS; TO AMEND SECTION 59-152-10, RELATING TO THE ESTABLISHMENT OF FIRST STEPS, SO AS TO REDESIGNATE COUNTY FIRST STEPS PARTNERSHIPS AS LOCAL FIRST STEPS PARTNERSHIPS; TO AMEND SECTION 59-152-20, RELATING TO THE PURPOSE OF FIRST STEPS, SO AS TO REDESIGNATE COUNTY PARTNERSHIPS AS LOCAL PARTNERSHIPS; TO AMEND SECTION 59-152-30, RELATING TO THE GOALS OF FIRST STEPS, SO AS TO RESTATE CERTAIN GOALS OF STUDENT READINESS; TO AMEND SECTION 59-152-40, RELATING TO OVERSIGHT OF THE INITIATIVE BY THE FIRST STEPS BOARD OF TRUSTEES, SO AS TO REQUIRE THE BOARD ALSO BE ACCOUNTABLE FOR THE INITIATIVE; TO AMEND SECTION 59-152-50, RELATING
TO THE ESTABLISHMENT OF THE OFFICE OF FIRST STEPS TO SCHOOL READINESS, SO AS TO REVISE THE TIME FOR REQUIRED PERFORMANCE AUDITS AND TO CORRECT AN OBSOLETE REFERENCE; TO AMEND SECTION 59-152-60, RELATING TO FIRST STEPS PARTNERSHIPS, SO AS TO REQUIRE A LOCAL PARTNERSHIP IN EACH COUNTY, TO PROVIDE THAT MEETINGS AND ELECTIONS OF A LOCAL PARTNERSHIP ARE SUBJECT TO THE FREEDOM OF INFORMATION ACT AND CERTAIN DISCLOSURE REQUIREMENTS, TO SPECIFY AND REVISE REQUIREMENTS FOR THE COMPOSITION OF A LOCAL PARTNERSHIP BOARD AND TO CORRECT AN OBSOLETE REFERENCE; TO AMEND SECTION 59-152-70, RELATING TO THE POWERS AND DUTIES OF A LOCAL PARTNERSHIP BOARD, SO AS TO REVISE THE REQUIREMENTS CONCERNING COUNTY NEEDS ASSESSMENTS, RECORD KEEPING AND REPORTING, TO PROVIDE STAFFING PURSUANT TO LOCAL BYLAWS, AND TO PROVIDE MULTIPLE LOCAL PARTNERSHIPS MAY COLLABORATE TO MAXIMIZE EFFICIENT DELIVERY OF SERVICES AND THE EXECUTION OF THEIR DUTIES AND POWERS; TO AMEND SECTION 59-152-90, RELATING TO FIRST STEPS GRANTS, SO AS TO ESTABLISH THE GRANTS AS LOCAL PARTNERSHIP GRANTS, AND TO REVISE THE PROCESS FOR OBTAINING A GRANT AND THE METHOD OF ALLOCATING GRANT FUNDS; TO AMEND SECTION 59-152-100, RELATING TO USE OF FIRST STEPS GRANT FUNDS, SO AS TO PROVIDE THE SECTION APPLIES TO GRANTS EXPENDED BY A FIRST STEPS PARTNERSHIP, AND TO REVISE THE PERMISSIBLE USES OF GRANT FUNDS; TO AMEND SECTION 59-152-120, RELATING TO THE USE OF GRANT FUNDS FOR CAPITAL EXPENDITURES, SO AS TO REVISE THE PURPOSE FOR WHICH FUNDS MAY BE USED AND TO REQUIRE PRIOR APPROVAL OF THE BOARD OF TRUSTEES; TO AMEND SECTION 59-152-130, RELATING TO A MANDATORY MATCHING OF FUNDS BY LOCAL PARTNERSHIPS, SO AS TO REVISE THE MANDATORY AMOUNT, TO ENCOURAGE PRIVATE CONTRIBUTIONS TO HELP LOCAL PARTNERSHIPS MEET THEIR MANDATORY MATCHING REQUIREMENT, AND TO DELETE A PROVISION ALLOWING CERTAIN EXPENSES TO BE INCLUDED IN DETERMINING MATCHING FUNDS; TO AMEND SECTION 59-
152-140, RELATING TO THE PERMISSIBILITY OF CARRY FORWARD FUNDS BY A LOCAL PARTNERSHIP, SECTION 59-152-150, RELATING TO ACCOUNTABILITY SYSTEMS, AND SECTION 59-152-160, RELATING TO PROGRESS EVALUATIONS, ALL SO AS TO DELETE OBSOLETE TERMS; TO AMEND SECTION 63-11-1720, RELATING TO THE FIRST STEPS BOARD OF TRUSTEES, SO AS TO REVISE THE COMPOSITION OF THE BOARD; AND TO REPEAL SECTION 59-152-80 RELATING TO FIRST STEPS GRANTS AND SECTION 59-152-110 RELATING TO THE USE OF FIRST STEPS LOCAL PARTNERSHIP GRANT FUNDS.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:
S. 657 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO MAGISTRATE JURY AREAS IN EACH COUNTY, SO AS TO REVISE AND UPDATE THE TERRITORIAL DESCRIPTIONS OF THE JURY AREAS AND PROVIDE REFERENCES TO PUBLIC MAPS SHOWING THE JURY AREAS.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4347 (Word version) -- Reps. Bannister, Cobb-Hunter, McCoy, Allison and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA CHILDREN'S ADVOCACY MEDICAL RESPONSE SYSTEM ACT" BY ADDING ARTICLE 4 TO CHAPTER 11, TITLE 63 SO AS TO CREATE THE SOUTH CAROLINA CHILDREN'S ADVOCACY MEDICAL RESPONSE SYSTEM, A PROGRAM TO PROVIDE COORDINATION AND MEDICAL SERVICE RESOURCES STATEWIDE TO AGENCIES AND ENTITIES THAT RESPOND TO VICTIMS OF CHILD ABUSE AND NEGLECT, AND TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THE PROGRAM; AND TO AMEND SECTION 63-11-310, RELATING TO RESPONSIBILITIES OF CHILDREN'S ADVOCACY CENTERS, SO AS TO REQUIRE THESE CENTERS TO COMPLY WITH REQUIREMENTS OF THE SOUTH CAROLINA CHILDREN'S MEDICAL RESPONSE SYSTEM AND OTHERWISE COORDINATE WITH THE PROGRAM.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4364 (Word version) -- Reps. Cobb-Hunter, Douglas, M. S. McLeod, Whipper and R. L. Brown: A BILL TO AMEND SECTION 7-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SELECTION AND DUTIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO REQUIRE THE EXECUTIVE DIRECTOR TO PUBLISH ON THE COMMISSION'S WEBSITE ACTS OR JOINT RESOLUTIONS OF THE GENERAL ASSEMBLY AFFECTING THE ELECTION LAWS OF THIS STATE TOGETHER WITH A BRIEF EXPLANATION, IF NECESSARY, OF EACH SUCH ENACTMENT, TO PROVIDE THE CRITERIA FOR THE SELECTION OF THE ENACTMENTS REQUIRED TO BE PUBLISHED, AND THE DURATION OF THE WEBSITE PUBLICATION.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4560 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 17-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESTRUCTION OR EXPUNGEMENT OF CERTAIN ARREST AND BOOKING RECORDS UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE FOR THE RETENTION OF EVIDENCE GATHERED, INCIDENT REPORTS, AND INVESTIGATIVE FILES PRODUCED AS A RESULT OF A LAW ENFORCEMENT ACTION, TO PROVIDE THAT THESE MATERIALS ARE NOT SUBJECT TO AN EXPUNGEMENT ORDER, AND AUTHORIZE REDACTION OF CERTAIN INFORMATION FOLLOWING A NO CONVICTION DISPOSITION OF THE CRIMINAL CHARGE.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3134 (Word version) -- Reps. Nanney and Taylor: A BILL TO AMEND SECTION 29-3-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF ENTERING A SATISFACTION OF MORTGAGE IN THE PUBLIC RECORDS, SO AS TO PROVIDE THAT THE MORTGAGEE OF RECORD, THE OWNER OR HOLDER OF THE DEBT INSTRUMENT SECURED BY THE MORTGAGE, THE TRUSTEE OR BENEFICIARY OF A DEED OF TRUST, OR THE LEGAL REPRESENTATIVE OR ATTORNEY-IN-FACT OF ANY OF THOSE PARTIES MAY EXECUTE A MORTGAGE SATISFACTION OR DEED OF TRUST RELEASE, AND TO PROVIDE A PROCEDURE AND FORM FOR USE IN THIS EXECUTION.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:
H. 3170 (Word version) -- Reps. W. J. McLeod, Bannister, Spires, Jefferson, Williams, Taylor, J. E. Smith and Munnerlyn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA,
1895, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A DIVORCE MAY BE GRANTED ON THE GROUND OF CONTINUOUS SEPARATION FOR A PERIOD OF ONE HUNDRED FIFTY DAYS RATHER THAN ONE YEAR.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:
H. 3169 (Word version) -- Reps. W. J. McLeod, Bannister, Spires, Jefferson, Williams, Taylor, J. E. Smith, Munnerlyn and Whipper: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A DIVORCE MAY BE GRANTED ON THE GROUND OF CONTINUOUS SEPARATION FOR ONE HUNDRED FIFTY DAYS, RATHER THAN FOR ONE YEAR.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 19 (Word version) -- Senators Ford, Campsen and Shealy: A BILL TO AMEND SECTION 17-15-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOND AND THE AUTHORITY OF THE CIRCUIT COURT TO REVOKE BOND UNDER CERTAIN CIRCUMSTANCES, SO AS TO INCLUDE THE COMMISSION OF A SUBSEQUENT VIOLENT CRIME BY A PERSON RELEASED ON BOND IN THE PURVIEW OF THE STATUTE AND TO ADD AN ADDITIONAL PENALTY IF A PERSON COMMITS A GENERAL SESSIONS COURT OFFENSE WHILE ON RELEASE ON BOND.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3198 (Word version) -- Reps. J. E. Smith, M. S. McLeod, Bernstein and Ballentine: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-27-115 SO AS TO PLACE THE DIRECTORS OF THE COUNTY BOARDS OF REGISTRATION AND ELECTIONS UNDER THE GENERAL
SUPERVISION OF THE STATE ELECTION COMMISSION, TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH BY REGULATION THE MINIMUM QUALIFICATIONS FOR A PERSON TO SERVE AS THE DIRECTOR OF A COUNTY BOARD OF REGISTRATION AND ELECTIONS, TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH MANDATORY TRAINING CERTIFICATION AND CONTINUING EDUCATION REQUIREMENTS FOR THE DIRECTORS OF THE COUNTY BOARDS OF REGISTRATION AND ELECTIONS, AND TO REQUIRE COUNTY BOARDS OF REGISTRATION AND ELECTIONS TO MEET AT LEAST FOUR TIMES EACH CALENDAR YEAR; TO AMEND SECTION 7-27-110, RELATING TO THE APPOINTMENT OF MEMBERS OF BOARDS AND COMMISSIONS, SO AS TO PROVIDE THAT ALL COUNTIES MUST HAVE A SINGLE BOARD OF REGISTRATION AND ELECTIONS; TO AMEND SECTION 7-27-260, RELATING TO THE CHEROKEE COUNTY ELECTION COMMISSION AND THE CHEROKEE COUNTY BOARD OF REGISTRATION, SO AS TO COMBINE THE BODIES INTO A SINGLE ENTITY; TO AMEND SECTION 7-27-290, RELATING TO THE DILLON COUNTY ELECTION COMMISSION AND THE DILLON COUNTY BOARD OF REGISTRATION, SO AS TO COMBINE THE BODIES INTO A SINGLE ENTITY; TO AMEND SECTION 7-27-320, RELATING TO THE GREENVILLE COUNTY ELECTION COMMISSION AND THE GREENVILLE COUNTY BOARD OF REGISTRATION, SO AS TO COMBINE THE BODIES INTO A SINGLE ENTITY; TO AMEND SECTION 7-27-325, RELATING TO THE GREENWOOD COUNTY ELECTION COMMISSION AND THE GREENWOOD COUNTY BOARD OF REGISTRATION, SO AS TO COMBINE THE BODIES INTO A SINGLE ENTITY; TO AMEND SECTION 7-27-335, RELATING TO THE HORRY COUNTY ELECTION COMMISSION AND THE HORRY COUNTY BOARD OF REGISTRATION, SO AS TO COMBINE THE BODIES INTO A SINGLE ENTITY; TO AMEND SECTION 7-27-415, RELATING TO THE SPARTANBURG COUNTY ELECTION COMMISSION AND THE SPARTANBURG COUNTY BOARD OF REGISTRATION, SO AS TO COMBINE THE BODIES INTO A SINGLE ENTITY; AND TO AMEND SECTION 7-27-430, RELATING TO THE WILLIAMSBURG COUNTY ELECTION COMMISSION AND THE
WILLIAMSBURG COUNTY BOARD OF REGISTRATION, SO AS TO COMBINE THE BODIES INTO A SINGLE ENTITY.
Ordered for consideration tomorrow.
The following was introduced:
H. 4789 (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 SALUTE STUART KAUFMAN OF MOUNT PLEASANT FOR HIS MANY ACHIEVEMENTS AND FOR THE CONTRIBUTION OF HIS TIME, TALENTS, AND RESOURCES IN PROTECTING OUR AMERICAN LIBERTIES, IN HONORING THE SERVICE OF OUR VETERANS, AND IN SUPPORTING THE STATE OF ISRAEL.
The Resolution was adopted.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4790 (Word version) -- Reps. Allison, Felder, Cole, Forrester, Henderson, Nanney, Tallon and Wood: A BILL TO AMEND SECTION 16-25-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING
TO THE RELEASE OF A PERSON ON BOND WHO IS CHARGED WITH A VIOLENT OFFENSE, SO AS TO ALLOW AN ALLEGED VICTIM TO PETITION THE COURT FOR AN ORDER OF PROTECTION AT THE HEARING IN THE EVENT THAT THE COURT RELEASES THE PERSON CHARGED WITH THE VIOLENT CRIME ON BOND; TO AMEND SECTION 20-4-20, RELATING TO DEFINITIONS PROVIDED FOR IN THE PROTECTION FROM DOMESTIC ABUSE ACT, SO AS TO CHANGE THE DEFINITION OF "COURT" TO INCLUDE MAGISTRATE AND MUNICIPAL COURTS DURING CERTAIN TIMES AND COURTS THAT CONDUCT THE BOND HEARING; TO AMEND SECTION 20-4-30, RELATING TO JURISDICTION OVER A PETITION FOR ISSUANCE OF AN ORDER OF PROTECTION IN DOMESTIC VIOLENCE ACTIONS, SO AS ALSO TO GIVE JURISDICTION TO COURTS CONDUCTING BOND HEARINGS AND MUNICIPAL COURTS IN CERTAIN CIRCUMSTANCES AND TO ALLOW A PETITION TO BE FILED AT THE BOND HEARING; TO AMEND SECTION 20-4-40, RELATING TO A PETITION FOR AN ORDER OF PROTECTION IN DOMESTIC VIOLENCE ACTIONS, SO AS TO ALLOW THE PETITION TO BE FILED AT THE BOND HEARING; TO AMEND SECTION 22-5-530, RELATING TO THE RIGHT OF A PERSON CHARGED WITH VIOLATION OF A LAW TO BE HEARD IN A MAGISTRATE OR MUNICIPAL COURT TO DEPOSIT MONEY INSTEAD OF ENTERING INTO RECOGNIZANCE, SO AS TO PROHIBIT A PERSON CHARGED WITH CRIMINAL DOMESTIC VIOLENCE FROM DEPOSITING MONEY IN LIEU OF PERSONAL RECOGNIZANCE.
Referred to Committee on Judiciary
H. 4791 (Word version) -- Reps. G. R. Smith, Rutherford, Bedingfield, Atwater, Putnam, Southard, Knight, Jefferson, Bowers, J. R. Smith, Hamilton, Bingham, McCoy, Willis, Quinn, Newton, Norrell, Bannister, Burns, Chumley, Delleney, Forrester, Harrell, Henderson, Hixon, Kennedy, Loftis, Lowe, Lucas, V. S. Moss, Owens, Pitts, Sandifer, Simrill, G. M. Smith, Stringer, White, Whitmire, Williams and Wood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "ELECTRONIC DATA PRIVACY PROTECTION ACT" BY ADDING CHAPTER 53 TO TITLE 23, SO AS TO PROVIDE THAT AN ENTITY MAY NOT SEARCH AN ELECTRONIC DEVICE WITHOUT A SEARCH WARRANT, TO
PROVIDE EXCEPTIONS, AND TO PROVIDE CERTAIN NOTICE REQUIREMENTS.
Referred to Committee on Judiciary
H. 4792 (Word version) -- Reps. Anderson and Goldfinch: A JOINT RESOLUTION TO PROVIDE FOR THE WAIVER OF FIVE OR FEWER DAYS THAT SCHOOLS IN THE GEORGETOWN COUNTY SCHOOL 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. GOLDFINCH, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4793 (Word version) -- Reps. Anderson and Sabb: A JOINT RESOLUTION TO PROVIDE FOR THE WAIVER OF FIVE OR FEWER DAYS THAT SCHOOLS IN THE WILLIAMSBURG COUNTY SCHOOL 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. ANDERSON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4794 (Word version) -- Reps. J. E. Smith and Taylor: A JOINT RESOLUTION TO IMPOSE A MORATORIUM ON DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AUTHORIZATION OF REGISTRATIONS AND EXPANSION OF EXISTING REGISTRATIONS FOR WITHDRAWAL OF SURFACE WATER FOR AGRICULTURAL USES, AND TO REQUIRE SUBMISSION OF REPORTS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4795 (Word version) -- Reps. K. R. Crawford, Clemmons, Erickson, Bedingfield, Goldfinch, Putnam, Sellers, Norrell, Ridgeway, Bannister, Hart, Lowe, Mack, Nanney, Norman, Pitts, Rivers, Rutherford, Sandifer, G. M. Smith, Stavrinakis, Thayer and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 TO TITLE 3 SO AS TO TITLE THE CHAPTER "PROTECTION OF SOUTH CAROLINA CITIZENS FROM FEDERAL COLLECTION OF ELECTRONIC DATA AND METADATA"; TO PROHIBIT A STATE AGENCY, POLITICAL SUBDIVISION, OR EMPLOYEE FROM PROVIDING MATERIAL SUPPORT FOR, ASSISTING, OR PARTICIPATING IN THE COLLECTION OF A PERSON'S ELECTRONIC DATA OR METADATA BY A FEDERAL AGENCY; AND TO PROVIDE CIVIL PENALTIES FOR A VIOLATION OF THIS PROHIBITION.
Referred to Committee on Judiciary
H. 4796 (Word version) -- Reps. K. R. Crawford and Ridgeway: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-17-435 SO AS TO PROVIDE THAT CERTAIN MENTAL HEALTH COMMITMENT PROCEDURES DO NOT APPLY IF THE PERSON SOUGHT TO BE COMMITTED IS INCARCERATED OR DETAINED BY LAW ENFORCEMENT IN A JAIL OR OTHER HOLDING FACILITY.
Referred to Committee on Judiciary
H. 4797 (Word version) -- Rep. Crosby: A JOINT RESOLUTION TO PROVIDE FOR THE WAIVER OF FIVE OR FEWER DAYS THAT SCHOOLS IN THE CHARLESTON COUNTY SCHOOL 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. CROSBY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4798 (Word version) -- Reps. Erickson, M. S. McLeod, Long, Spires, Felder, Bingham, Horne, Norrell, R. L. Brown, Clemmons, Daning, Funderburk, Henderson, Herbkersman, Nanney, Thayer and Wood: A
BILL TO AMEND SECTION 63-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT CITIZENS AND LEGISLATIVE COMMITTEE ON CHILDREN, SO AS TO ESTABLISH IT AS A PERMANENT JOINT COMMITTEE AND TO DELETE OBSOLETE PROVISIONS.
Referred to Committee on Judiciary
H. 4799 (Word version) -- Reps. Loftis, Henderson, Vick, Govan, Knight, Douglas, Bowers, Anderson, G. A. Brown, Burns, Dillard, Edge, Funderburk, Herbkersman, Hodges, Hosey, Huggins, Spires and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 6, TITLE 12 SO AS TO ENACT THE "SOUTH CAROLINA SMALL BUSINESS TAX INCENTIVES ACT", ALLOWING VARIOUS INCOME TAX DEDUCTIONS AND CREDITS FOR RESIDENT TAXPAYERS FOR INVESTMENT IN QUALIFIED BUSINESSES IN THIS STATE AND TO ALLOW A JOBS TAX CREDIT AND AN ADDITIONAL TAX CREDIT FOR QUALIFIED RESEARCH EXPENSES FOR SUCH BUSINESSES; TO AMEND SECTION 35-1-202, RELATING TO TRANSACTIONS WHICH ARE EXEMPT FROM THE REQUIREMENTS OF SPECIFIC PROVISIONS OF SECURITIES LAW INCLUDING REGISTRATION REQUIREMENTS, SO AS TO EXEMPT ANY OFFER OR SALE OF A SECURITY BY AN ISSUER IF THE OFFER OR SALE IS CONDUCTED IN ACCORDANCE WITH SECTION 35-1-205; AND BY ADDING SECTION 35-1-205 SO AS TO AUTHORIZE CERTAIN QUALIFIED COMPANIES IN THIS STATE TO SOLICIT INVESTMENTS FROM QUALIFIED RESIDENT INVESTORS IN THIS STATE IN ORDER TO ENABLE THEM TO RAISE MONEY ON AN INTRASTATE BASIS.
Referred to Committee on Ways and Means
Rep. GILLIARD moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4784 (Word version) -- Reps. J. E. Smith, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon,
G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Norrell, R. L. Ott, Owens, Parks, Patrick, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. 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 COMMEND COLONIAL LIFE & ACCIDENT INSURANCE COMPANY ON ITS SEVENTY-FIFTH ANNIVERSARY AND FOR ITS MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA.
At 3:53 p.m. the House, in accordance with the motion of Rep. ERICKSON, adjourned in memory of Dan Houston "Spot" Thompson of Beaufort, to meet at 10:00 a.m. tomorrow.
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