Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
The Psalmist declares:
"Your word is a lamp to my feet and a light for my path."
(Psalm 119:105)
Join me as we pray:
Eternal and loving Lord, we pray this morning that You will continue guiding this Senate as it strives to complete much of its work during this Legislative Session. May each of these Senators and every staff person clearly feel Your presence, Lord, as they labor to accomplish good for the people of South Carolina. Direct them all not only by Your blessed Word, O God, but also by Your Spirit's grace. Equally bless and lead the many other elected officials who also serve in our State, Lord. May all of these individuals follow Your wisdom and Your way as they together provide sound leadership for us all. On this approaching Memorial Day Weekend help every one of us to have a thankful heart for the sacrifices so many have made to preserve our freedoms. In Your blessed name we pray, O Lord. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
On motion of Senator COURSON, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
At 11:06 A.M., Senator PEELER made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator PEELER moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Coleman Corbin Courson Cromer Davis Grooms Hayes Hembree Johnson Malloy Martin, Larry Massey McElveen McGill Nicholson O'Dell Peeler Pinckney Scott Shealy Thurmond Turner Young
A quorum being present, the Senate resumed.
The following appointments were transmitted by the Honorable Nikki Randhawa Haley:
Initial Appointment, Board of Trustees for the Veterans' Trust Fund of South Carolina, with term coterminous with Governor
Veterans Organization:
James Lechner, 2 Sandcreek Court, Blythewood, SC 29016 VICE Charles R. Simmons
Referred to the General Committee.
Initial Appointment, Board of Trustees for the Veterans' Trust Fund of South Carolina, with term coterminous with Governor
At-Large:
Bevan G. Studstill, 103 Brookhaven Circle, Blythewood, SC 29016 VICE Mr. Edward B. Carter
Referred to the General Committee.
Initial Appointment, Board of Trustees for the Veterans' Trust Fund of South Carolina, with term coterminous with Governor
Veterans Organization:
Jimmy L. Wallace, 34 Kimpton Dr., Elgin, SC 29045 VICE Colonel William P. Collier
Referred to the General Committee.
Initial Appointment, Governing Board of Department of Natural Resources, with the term to commence July 1, 2014, and to expire July 1, 2018
5th Congressional District:
David Glenn McFadden, 787 McBrothers Dr., Fort Lawn, SC 29714 VICE Mr. Randy L. Lowe
Referred to the Committee on Fish, Game and Forestry.
Initial Appointment, Governing Board of Department of Natural Resources, with the term to commence July 1, 2014, and to expire July 1, 2018
1st Congressional District:
Elizabeth H. Willis, 88 Beaufort St., Charleston, SC 29401 VICE Ms. Caroline Rhodes
Referred to the Committee on Fish, Game and Forestry.
Initial Appointment, John de la Howe School Board of Trustees, with the term to commence April 1, 2014, and to expire April 1, 2019
At-Large:
Melissa A. Tilden, 114 Sherwood Dr., Laurens, SC 29360 VICE Ms. Janet L. Duncan
Referred to the Committee on Education.
Initial Appointment, South Carolina Board of Occupational Therapy, with the term to commence September 30, 2012, and to expire September 30, 2015
Occupational Therapy:
Hima Nikunj Dalal, 121 Clearview Dr., Columbia, SC 29212 VICE Dr. Lesly S. Wilson
Referred to the Committee on Medical Affairs.
Initial Appointment, South Carolina Panel for Dietetics, with the term to commence May 30, 2013, and to expire May 30, 2015
Dietician, Community or Public Health:
Rebecca G. Wrenn, 2727 Preston Street, Columbia, SC 29205 VICE Ms. Phyllis Allen
Referred to the Committee on Labor, Commerce and Industry.
Reappointment, Charleston Naval Facilities Redevelopment Authority, with the term to commence April 24, 2013, and to expire April 24, 2017
Berkeley County:
Ron Anderson, 100 Speightstown Court, Goose Creek, SC 29445
Reappointment, Charleston Naval Facilities Redevelopment Authority, with the term to commence April 24, 2013, and to expire April 24, 2017
Charleston County:
David Allen Coker, 5001 Coliseum Dr., North Charleston, SC 29418
Reappointment, Horry County Board of Voter Registration, with the term to commence March 15, 2014, and to expire March 15, 2016
At-Large:
Larry R. Leagans, 1317 Prince William Rd., North Myrtle Beach, SC 29582
Reappointment, Horry County Board of Voter Registration, with the term to commence March 15, 2014, and to expire March 15, 2016
At-Large:
Geneva S. Phillips, 8373 Ole Moore Dr., Conway, SC 29527
Senator GROOMS introduced Dr. Radwan Hallaba of Charleston, S.C., Doctor of the Day. Dr. Hallaba's specialty is Emergency Medicine and he is CEO of Medcare-Urgent Care Center.
On motion of Senator MALLOY, at 11:05 A.M., Senator SHANE MARTIN was granted a leave of absence until Tuesday, May 27, 2014.
On motion of Senator NICHOLSON, at 2:00 P.M., Senator WILLIAMS was granted a leave of absence for the balance of the day.
Senator ALEXANDER rose for an Expression of Personal Interest.
Thank you, Mr. PRESIDENT.
Members of Senate, I have listened intently to several things that have been before this Body that impacts us and that's important for us. But I think it's also equally important that we understand why we are able to be here today and have the ability to discuss those matters. And that's because of the freedoms that have been given to us. And we are in the process of going into Memorial Day weekend, and this could very well be the last day that we are in session prior to that.
We owe a great debt of gratitude to our veterans that serve us today; our defenders of freedom, and to those that have gone before us and who have paid the ultimate sacrifice. We will have our opportunities in our own communities across this great State to pay recognition over this weekend. Yesterday we had a ratification of an act that provides for the medal of valor for those individuals who have given the ultimate sacrifice. It's a small recognition that we can pay to recognize those individuals from the State of South Carolina. For several years I have had the opportunity and I think it is worth repeating today to share with you one of my favorite poems -- the Veterans Poem -- that puts things in perspective for us. I will read that at this time.
"It is the veteran, not the preacher
That has given us freedom of religion.
It is the veteran, not the reporter
That has given us freedom of press.
It is the veteran, not the poet
That has given us the freedom of speech.
It is the veteran, not the campus organizer
That has given us the freedom to assemble.
It is the veteran, not the lawyer
That has given us the right to a fair trial.
It is the veteran, not the politician
That has given us the right to vote.
It is the veteran that salutes the flag
And it is the veteran who serves under the flag."
May we all be grateful for the sacrifices of all of our defenders of freedoms, but especially those that have given the ultimate sacrifice so that we can have the ability to enjoy our public service in this Body. Please remember what it means for us to live in a society that's free because of those sacrifices of those that have gone before us and those who are defending us today and those who will answer that call regardless of the sacrifices that they will make and have made.
Thank you, Mr. PRESIDENT.
On motion of Senator KIMPSON, with unanimous consent, the remarks of Senator ALEXANDER were ordered printed in the Journal.
Senator MALLOY rose for an Expression of Personal Interest.
Senator SCOTT rose for an Expression of Personal Interest.
H. 5078 (Word version) -- Reps. Funderburk, Bales, G.A. Brown and Lucas: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE THAT CROSSES THE WATEREE RIVER ALONG INTERSTATE HIGHWAY 20 IN KERSHAW COUNTY THAT CONTAIN THE WORDS: "MEDAL OF HONOR BRIDGE, KERSHAW COUNTY RECIPIENTS OF THE CONGRESSIONAL MEDAL OF HONOR, JOHN C. VILLEPIGUE, RICHMOND HOBSON HILTON, AND DONALD LEROY TRUESDALE".
Senator SHEHEEN asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.
The Concurrent Resolution was recalled from the Committee on Transportation.
Senator SHEHEEN asked unanimous consent to make a motion to take the Concurrent Resolution up for immediate consideration.
There was no objection.
There being no further amendments, the Concurrent Resolution was adopted and ordered returned to the House.
The following were introduced:
S. 1320 (Word version) -- Senator Hembree: A SENATE RESOLUTION TO RECOGNIZE AND HONOR ALAN CONNIE, DIRECTOR OF THE COASTAL CAROLINA UNIVERSITY WOMEN'S CROSS COUNTRY AND TRACK AND FIELD PROGRAMS, UPON THE OCCASION OF HIS RETIREMENT AFTER TWENTY-EIGHT YEARS OF OUTSTANDING COACHING, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 1321 (Word version) -- Senator Shane Martin: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE SPARTANBURG HIGH SCHOOL "VIKINGS" VARSITY BOYS TENNIS TEAM FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM ON WINNING THE SCHOOL'S FIRST EVER VARSITY BOYS TENNIS AAAA STATE CHAMPIONSHIP.
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The Senate Resolution was adopted.
S. 1322 (Word version) -- Senator Kimpson: A SENATE RESOLUTION TO RECOGNIZE AND HONOR REVEREND EDWARD MCCLAIN, OF CHARLESTON, PASTOR OF CALVARY AFRICAN METHODIST EPISCOPAL CHURCH, UPON THE OCCASION OF HIS RETIREMENT AFTER THIRTY-THREE YEARS OF DEVOTED PASTORAL MINISTRY, AND TO WISH HIM CONTINUED JOY IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 1323 (Word version) -- Senator Campsen: A CONCURRENT RESOLUTION TO HONOR WILLIAM H. LEWIS FOR HIS MANY YEARS OF SERVICE TO THE UNITED STATES NAVY CIVIL ENGINEER CORPS AND TO THE CHARLESTON COUNTY SCHOOL DISTRICT, TO CONGRATULATE HIM ON THE OCCASION OF
HIS RETIREMENT, AND TO WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1324 (Word version) -- Senators Campsen and Hutto: A BILL TO AMEND ACT 190 OF 1991, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY, SO AS TO REAPPORTION THE SPECIFIC ELECTION DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY MUST BE ELECTED BEGINNING WITH SCHOOL DISTRICT ELECTIONS IN 2014, AND TO PROVIDE FOR DEMOGRAPHIC INFORMATION IN REGARD TO THESE NEWLY DRAWN ELECTION DISTRICTS.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
S. 1325 (Word version) -- Senators Young, Courson, Cromer, Massey, Setzler, Shealy, Alexander, Allen, Bennett, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Corbin, Davis, Fair, Gregory, Grooms, Hayes, Hembree, Hutto, Jackson, Johnson, Kimpson, Leatherman, Lourie, Malloy, L. Martin, S. Martin, Matthews, McElveen, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Scott, Sheheen, Thurmond, Turner, Verdin and Williams: A SENATE RESOLUTION TO RECOGNIZE, HONOR, AND THANK REPRESENTATIVE J. ROLAND SMITH OF AIKEN COUNTY FOR HIS MANY YEARS OF SERVICE IN THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, TO CONGRATULATE HIM UPON THE OCCASION OF HIS RETIREMENT, AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
H. 5284 (Word version) -- Reps. Barfield, Hardwick, H. A. Crawford, Clemmons, George, Stringer, Anderson, Goldfinch, Hayes and Ryhal: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ALAN CONNIE, DIRECTOR OF THE COASTAL CAROLINA UNIVERSITY WOMEN'S CROSS COUNTRY AND TRACK AND FIELD PROGRAMS, UPON THE OCCASION OF HIS
RETIREMENT AFTER TWENTY-EIGHT YEARS OF OUTSTANDING COACHING, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5292 (Word version) -- Reps. Govan, R. L. Ott, Cobb-Hunter, Hosey and Harrell: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF DEAN BENNETTE LIVINGSTON OF LEXINGTON, FORMER PUBLISHER OF THE TIMES AND DEMOCRAT IN ORANGEBURG, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
Columbia, S.C., May 22, 2014
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 5253 (Word version) -- Reps. Murphy, Horne, Harrell, Mack and Knight: A JOINT RESOLUTION TO PROVIDE THAT NOTWITHSTANDING THE PROVISIONS OF A JOINT RESOLUTION OF 2014 BEARING RATIFICATION NUMBER 150 AND THE PROVISIONS OF SECTION 59-1-425, THE GOVERNING BODY OF DORCHESTER SCHOOL DISTRICT TWO MAY WAIVE THE REQUIREMENT THAT SCHOOLS MAKE UP FULL DAYS MISSED DUE TO INCLEMENT WEATHER FOR FIVE OR FEWER FULL SCHOOL DAYS THAT STUDENTS WHO ATTEND SCHOOLS OR CHARTER SCHOOLS IN THE DISTRICT MISSED DUE TO INCLEMENT WEATHER DURING THE 2013-2014 SCHOOL YEAR REGARDLESS OF WHETHER THE DISTRICT HAS EXHAUSTED ALL STATUTORILY REQUIRED MAKE-UP DAYS REMAINING ON THE 2013-2014 SCHOOL CALENDAR.
and has ordered the Joint Resolution enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 22, 2014
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 1035 (Word version) -- Senators Davis, Rankin, Shealy, Cleary, L. Martin, Grooms, Bright, Pinckney, Coleman, Bryant, Verdin and Campbell: A BILL TO AMEND ARTICLE 4, CHAPTER 53, TITLE 44 OF THE 1976 CODE, RELATING TO THE CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH ACT OF 1980, TO ENACT THE MEDICAL CANNABIS THERAPEUTIC TREATMENT RESEARCH ACT; TO ESTABLISH THE MEDICAL CANNABIS THERAPEUTIC TREATMENT RESEARCH PROGRAM AT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO PROVIDE FOR PATIENTS ELIGIBLE TO PARTICIPATE IN THE PROGRAM; TO PROVIDE WHO AND UNDER WHAT CIRCUMSTANCES MEDICAL CANNABIS CAN BE ADMINISTERED TO A PATIENT; TO PROVIDE FOR NOTICE TO A PARTICIPATING PATIENT THAT THE PATIENT WILL BE PARTICIPATING IN A RESEARCH STUDY AND OF THE EXPERIMENTAL NATURE OF THE MEDICAL CANNABIS PROGRAM; TO PROVIDE FOR THE PROTECTION OF A PARTICIPATING PATIENT'S PERSONAL INFORMATION; TO PROVIDE FOR THE OPERATION OF THE PROGRAM BY THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO PROVIDE REPORTING REQUIREMENTS BY ACADEMIC MEDICAL CENTERS THAT SUPERVISE OR ADMINISTER MEDICAL CANNABIS TREATMENTS; AND TO PROVIDE CRIMINAL AND CIVIL IMMUNITY FROM STATE ACTIONS OR SUITS ARISING FROM THE PROPER IMPLEMENTATION OF THIS ACT; AND TO PROVIDE THAT THE STATE SHALL DEFEND STATE EMPLOYEES WHO, IN GOOD FAITH, CARRY OUT THE PROVISIONS OF THIS ACT; AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO COLLABORATE WITH ACADEMIC MEDICAL CENTERS TO ASSIST INTERESTED PATIENTS WITH THE APPLICATION PROCESS TO PARTICIPATE IN EXISTING UNITED STATES FOOD AND DRUG ADMINISTRATION
APPROVED INVESTIGATIONAL NEW DRUG STUDIES CONCERNING MEDICAL CANNABIS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 22, 2014
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4871 (Word version) -- Reps. Harrell, Owens, Bannister, Erickson, Forrester, Rutherford, Cobb-Hunter, Hayes, White and Mitchell: A BILL TO AMEND SECTION 59-40-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS PROVISIONS PERTAINING TO CHARTER SCHOOLS INCLUDING A PROVISION EXEMPTING ALL EARNINGS OR PROPERTY OF CHARTER SCHOOLS FROM STATE OR LOCAL TAXATION, EXCEPT FOR THE SALES TAX, SO AS TO CLARIFY THAT PROPERTY OF CHARTER SCHOOLS EXEMPT FROM SUCH TAXATION INCLUDES OWNED OR LEASED PROPERTY.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 22, 2014
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has returned the following Bill to the Senate with amendments:
H. 3945 (Word version) -- Reps. G.M. Smith, Harrell, Lucas, Bannister, Toole, Stringer, Hamilton, Sottile, Barfield, Bingham, Spires, Hardwick, Owens, Hiott, Long, Erickson, Murphy, Horne, Willis, Gagnon, Simrill, Funderburk, Henderson and W.J. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 13, TITLE 8 SO AS TO
ESTABLISH THE SOUTH CAROLINA COMMISSION ON ETHICS ENFORCEMENT AND DISCLOSURE, TO PROVIDE FOR ITS POWERS, DUTIES, PROCEDURES, AND JURISDICTION, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO REPEAL ARTICLE 3, CHAPTER 13, TITLE 8 RELATING TO THE STATE ETHICS COMMISSION; TO REPEAL ARTICLE 5, CHAPTER 13, TITLE 8 RELATING TO THE HOUSE OF REPRESENTATIVES AND SENATE ETHICS COMMITTEES; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 8-13-700, AS AMENDED, RELATING TO USE OF AN OFFICIAL POSITION OR OFFICE FOR FINANCIAL GAIN, SO AS TO PROVIDE THAT IF A MEMBER OF THE GENERAL ASSEMBLY DETERMINES THAT HE HAS A CONFLICT OF INTEREST, HE MUST COMPLY WITH CERTAIN REQUIREMENTS BEFORE ABSTAINING FROM ALL VOTES ON THE MATTER, AND TO PROVIDE FOR WHEN A PUBLIC OFFICIAL WHO IS REQUIRED TO RECUSE HIMSELF FROM A MATTER MUST DO SO; TO AMEND SECTION 8-13-740, AS AMENDED, RELATING TO REPRESENTATION OF ANOTHER PERSON BY A PUBLIC OFFICIAL BEFORE A GOVERNMENTAL ENTITY, SO AS TO FURTHER DELINEATE WHAT IS CONSIDERED A CONTESTED CASE WHEN REPRESENTATION BY A MEMBER OF THE GENERAL ASSEMBLY IS PERMITTED; TO AMEND SECTION 8-13-745, RELATING TO PAID REPRESENTATION OF CLIENTS AND CONTRACTING BY A MEMBER OF THE GENERAL ASSEMBLY OR AN ASSOCIATE IN PARTICULAR SITUATIONS, SO AS TO DELETE A PROHIBITION AGAINST CERTAIN CONTRACTS WITH AN ENTITY FUNDED WITH GENERAL FUNDS; TO AMEND SECTION 8-13-1120, AS AMENDED, RELATING TO CONTENTS OF STATEMENTS OF ECONOMIC INTEREST, SO AS TO FURTHER PROVIDE FOR THESE CONTENTS; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO CAMPAIGN PRACTICES, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 8-13-1318, RELATING TO ACCEPTANCE OF CONTRIBUTIONS TO RETIRE CAMPAIGN DEBTS, SO AS TO REQUIRE ANY SUCH CONTRIBUTIONS TO BE USED FOR THIS PURPOSE ONLY; TO AMEND SECTION 8-13-1338, RELATING
TO PERSONS WHO MAY NOT SOLICIT CONTRIBUTIONS, SO AS TO INCLUDE THE HEAD OF ANY STATE AGENCY WHO IS SELECTED BY THE GOVERNOR, THE GENERAL ASSEMBLY, OR AN APPOINTED OR ELECTED BOARD; TO AMEND SECTION 8-13-1340, AS AMENDED, RELATING TO RESTRICTIONS ON CONTRIBUTIONS BY ONE CANDIDATE TO ANOTHER OR THROUGH COMMITTEES CONTROLLED BY A CANDIDATE, SO AS TO DELETE AN EXCEPTION FOR A COMMITTEE CONTROLLED BY A CANDIDATE IF IT IS THE ONLY SUCH COMMITTEE, AND TO MAKE CONFORMING CHANGES; TO AMEND SECTIONS 8-13-1510 AND 8-13-1520, BOTH AS AMENDED, RELATING TO PENALTIES FOR ETHICAL AND OTHER VIOLATIONS, AND BY ADDING SECTION 8-13-1530 SO AS TO FURTHER PROVIDE FOR THE PENALTIES FOR VIOLATIONS AND FOR WHERE CERTAIN WILFUL VIOLATIONS MUST BE TRIED; AND TO REPEAL SECTIONS 8-13-710 AND 8-13-715 RELATING TO REPORTING OF PARTICULAR GIFTS AND AUTHORIZED REIMBURSEMENTS FOR SPEAKING ENGAGEMENTS.
Very respectfully,
Speaker of the House
Received as information.
Placed on Calendar for consideration tomorrow.
Columbia, S.C., May 22, 2014
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has returned the following Bill to the Senate with amendments:
S. 569 (Word version) -- Senators Davis, Turner, Campsen, Young, O'Dell, Cromer, Cleary, Hembree, Pinckney and Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "COMPETITIVE INSURANCE ACT" BY AMENDING SECTION 38-3-110, RELATING TO DUTIES OF THE CHIEF INSURANCE COMMISSIONER, TO PROVIDE THAT THE DIRECTOR MUST ENGAGE IN EFFORTS TO PROVIDE MARKET ASSISTANCE AND PROMOTE CONSUMER EDUCATION TO COASTAL RESIDENTIAL PROPERTY INSURANCE CONSUMERS, AND THE DIRECTOR MUST SUBMIT A REPORT TO THE PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE
HOUSE OF REPRESENTATIVES, THE CHAIRMAN OF THE SENATE BANKING AND INSURANCE COMMITTEE, AND THE CHAIRMAN OF THE HOUSE LABOR, COMMERCE AND INDUSTRY COMMITTEE BY NO LATER THAN JANUARY THIRTY-FIRST OF EACH YEAR REGARDING THE STATUS OF THE COASTAL PROPERTY INSURANCE MARKET; TO AMEND SECTION 38-7-200, RELATING TO CREDITS AGAINST PREMIUM TAX, TO DEFINE ESSENTIAL TERMS, AND TO PROVIDE THAT INSURERS MAY BE ELIGIBLE TO RECEIVE A PREMIUM TAX CREDIT AGAINST THE PREMIUM TAX IMPOSED BY SECTION 38-7-20 ON FULL COVERAGE POLICIES WRITTEN OUTSIDE OF THE COASTAL AREA TO REDUCE THE INSURANCE PREMIUM TAX LEVIED TO ONE PERCENT OF THE TOTAL PREMIUMS WRITTEN ON FULL COVERAGE POLICIES OUTSIDE OF THE COASTAL AREA, AND THE DIRECTOR OR HIS DESIGNEE SHALL DEVELOP PROCEDURES TO BE USED IN IMPLEMENTING THIS TAX CREDIT; TO AMEND SECTION 38-75-485, RELATING TO THE IMPLEMENTATION OF THE SOUTH CAROLINA HURRICANE DAMAGE MITIGATION PROGRAM BY THE DEPARTMENT, TO PROVIDE THAT ONE PERCENT OF THE PREMIUM TAXES DUE TO THIS STATE BY BROKERS PLACING PROPERTY INSURANCE WITHIN THE ELIGIBLE SURPLUS LINES MARKET AND TWO PERCENT OF THE PREMIUM TAXES COLLECTED ANNUALLY AND REMITTED TO THE DEPARTMENT BY INSURERS LICENSED TO DO BUSINESS IN THIS STATE; AND TO AMEND SECTION 38-75-755, RELATING TO NOTIFICATION OF APPLICANTS OR RENEWING POLICYHOLDERS OF AVAILABLE CREDITS, DISCOUNTS, AND DEDUCTIONS, TO PROVIDE THAT ALL INSURERS, AT THE ISSUANCE OF A NEW POLICY AND AT EACH RENEWAL SHALL NOTIFY THE APPLICANT OR POLICYHOLDER OF A PERSONAL LINES RESIDENTIAL PROPERTY INSURANCE POLICY OF CERTAIN DISCLOSURES, AND THE DIRECTOR OR HIS DESIGNEE SHALL PRESCRIBE THE FORM AND MANNER FOR INSURER NOTICES OR DISCLOSURES, AND ANY DISCLOSURE SHALL BE FOR INFORMATIONAL PURPOSES ONLY AND SHALL NOT AMEND, EXTEND, OR ALTER COVERAGE PROVIDED IN A POLICY.
Very respectfully,
Speaker of the House
Received as information.
Placed on Calendar for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 5225 (Word version) -- Reps. Lowe, K.R. Crawford, Williams and Lucas: A BILL TO AMEND CHAPTER 23, TITLE 4, CODE OF LAWS OF 1976, RELATING TO JOINT COUNTY FIRE DISTRICTS BY ADDING ARTICLE 10 SO AS TO ESTABLISH THE WEST FLORENCE FIRE DISTRICT TO BE COMPOSED OF AREAS IN FLORENCE AND DARLINGTON COUNTIES, TO PROVIDE FOR A GOVERNING COMMISSION FOR THE DISTRICT AND ITS DUTIES, POWERS, AND FUNCTIONS, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
By prior motion of Senator LEATHERMAN, with unanimous consent.
H. 4775 (Word version) -- Reps. Gambrell, Bowen, Gagnon, Putnam, Thayer and White: A BILL TO AMEND ACT 509 OF 1982, AS AMENDED, RELATING TO THE BOARDS OF TRUSTEES OF THE SCHOOL DISTRICTS OF ANDERSON COUNTY BY DELETING PROVISIONS ALTERING THE MEMBERSHIP OF DISTRICT BOARDS BASED ON DISTRICT ENROLLMENT AND TO DELETE PROVISIONS RELATING TO THE ROLE OF THE ANDERSON COUNTY BOARD OF EDUCATION IN REDISTRICTING SINGLE-MEMBER DISTRICTS AND TO PROVIDE THE NUMBER OF THE OFFICIAL MAP DEFINING THE ELECTION DISTRICTS OF ANDERSON COUNTY SCHOOL DISTRICT 5 AS MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
H. 4922 (Word version) -- Reps. G.M. Smith, Rutherford, Cobb-Hunter, Sandifer, Weeks, Delleney, White, Gilliard, Anderson and Hosey: A BILL TO AMEND SECTION 1-13-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL EMPLOYMENT PRACTICES AND EXCEPTIONS, SO AS TO PROVIDE THAT IT IS NOT AN UNLAWFUL EMPLOYMENT PRACTICE FOR A PRIVATE EMPLOYER TO GIVE HIRING PREFERENCES TO A VETERAN, AND TO EXTEND THE PREFERENCE TO THE VETERAN'S SPOUSE IF THE VETERAN HAS A SERVICE-CONNECTED PERMANENT AND TOTAL DISABILITY.
Senator THURMOND explained the Bill.
H. 4383 (Word version) -- Reps. Clemmons, Harrell, Sellers and Bernstein: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 136 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "AMERICANS STAND WITH ISRAEL" SPECIAL LICENSE PLATES.
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.
H. 4916 (Word version) -- Reps. Long, Sandifer, Felder, Erickson, Southard, Allison, Spires, McCoy, Whipper, R.L. Brown, Limehouse, Bedingfield, Burns, Chumley, Gagnon, George, Hamilton, Hayes, Horne, Loftis, V.S. Moss, Munnerlyn, Murphy, Norrell, Pitts, Pope, Ryhal, Simrill, G.R. Smith, Sottile, Stringer, Willis and Wood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-72-66 SO AS TO PROVIDE SPECIFIC NOTICE REQUIREMENTS OF AN INSURER BEFORE IT MAY CONSIDER
A LONG-TERM CARE INSURANCE POLICY THAT IT HAS WRITTEN TO BE TERMINATED AT THE REQUEST OF THE POLICYHOLDER OR CERTIFICATE HOLDER OR LAPSED OR TERMINATED FOR NONPAYMENT OF PREMIUM.
The following Joint Resolution was read the third time and ordered returned to the House with amendments:
H. 5253 (Word version) -- Reps. Murphy, Horne, Harrell, Mack and Knight: A JOINT RESOLUTION TO PROVIDE THAT NOTWITHSTANDING THE PROVISIONS OF A JOINT RESOLUTION OF 2014 BEARING RATIFICATION NUMBER 150 AND THE PROVISIONS OF SECTION 59-1-425, THE GOVERNING BODY OF DORCHESTER SCHOOL DISTRICT TWO MAY WAIVE THE REQUIREMENT THAT SCHOOLS MAKE UP FULL DAYS MISSED DUE TO INCLEMENT WEATHER FOR FIVE OR FEWER FULL SCHOOL DAYS THAT STUDENTS WHO ATTEND SCHOOLS OR CHARTER SCHOOLS IN THE DISTRICT MISSED DUE TO INCLEMENT WEATHER DURING THE 2013-2014 SCHOOL YEAR REGARDLESS OF WHETHER THE DISTRICT HAS EXHAUSTED ALL STATUTORILY REQUIRED MAKE-UP DAYS REMAINING ON THE 2013-2014 SCHOOL CALENDAR.
By prior motion of Senator BENNETT, with unanimous consent
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 894 (Word version) -- Senators Massey and Alexander: A BILL TO AMEND CHAPTER 1, TITLE 14 OF THE 1976 CODE, RELATING TO GENERAL PROVISIONS APPLICABLE TO COURTS, BY ADDING SECTION 14-1-240, TO PROVIDE THAT A FIVE DOLLAR SURCHARGE TO FUND TRAINING AT THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY SHALL BE LEVIED ON ALL FINES, FORFEITURES, ESCHEATMENTS, OR OTHER MONETARY PENALTIES IMPOSED IN THE GENERAL SESSIONS COURT OR IN MAGISTRATES OR MUNICIPAL COURT FOR MISDEMEANOR TRAFFIC OFFENSES OR FOR NONTRAFFIC VIOLATIONS.
Senator BRYANT explained the Bill.
Senators BRYANT and BRIGHT desired to be recorded as voting against the third reading of the Bill.
S. 1163 (Word version) -- Senators Young, Lourie, Shealy, L. Martin and Alexander: A BILL TO AMEND SECTION 63-7-940 OF THE 1976 CODE, RELATING TO THE USE OF UNFOUNDED ABUSE AND NEGLECT CASE INFORMATION AND SECTION 63-7-1990, RELATING TO THE CONFIDENTIALITY AND RELEASE OF RECORDS AND INFORMATION CONCERNING THE CENTRAL CHILD ABUSE AND NEGLECT REGISTRY, TO PROVIDE THAT INFORMATION WHICH MUST OTHERWISE REMAIN CONFIDENTIAL MAY BE RELEASED BY THE DIRECTOR OR DESIGNEE TO CONFIRM, CLARIFY, OR CORRECT INFORMATION CONCERNING A CASE THAT HAS BEEN MADE PUBLIC BY SOURCES OTHER THAN THE DEPARTMENT, TO RESPOND TO AN INQUIRY FROM A COMMITTEE OR SUBCOMMITTEE OF THE SENATE OR THE HOUSE OF REPRESENTATIVES OR A JOINT COMMITTEE OF THE GENERAL ASSEMBLY, OR TO COMPLY WITH REQUIREMENTS OF THE FEDERAL CHILD ABUSE PREVENTION AND TREATMENT ACT AND TO LIMIT CIVIL LIABILITY RESULTING FROM THE DISCLOSURE.
S. 422 (Word version) -- Senator Lourie: A BILL TO AMEND SECTION 38-71-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED COVERAGE FOR MAMMOGRAMS BY INDIVIDUAL AND GROUP HEALTH INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATION POLICES, SO AS TO REQUIRE SUPPLEMENTAL COVERAGE FOR BREAST ULTRASOUND SCREENING WHEN A MAMMOGRAM DEMONSTRATES HETEROGENEOUS OR DENSE BREAST TISSUE, AND TO REQUIRE A MAMMOGRAPHY REPORT INCLUDING SPECIFIC INFORMATION BE PROVIDED TO A PATIENT WHO RECEIVES THIS ULTRASOUND SCREENING.
S. 1243 (Word version) -- Senators S. Martin and Bright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-13-180 SO AS TO PROVIDE THAT ANY PUBLIC, PRIVATE, OR NONPROFIT ENTITY WHICH IS ENGAGED IN HELPING TO REHABILITATE AND REINTRODUCE PAROLED
PRISON INMATES INTO THE COMMUNITY AND WHICH AS A PART OF ITS PROGRAM PROVIDES RESIDENTIAL HOUSING IN THE COMMUNITY TO THESE PAROLEES MUST PROVIDE NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COMMUNITY OF THE ADDRESSES WHERE THESE RESIDENTIAL HOUSING FACILITIES WILL BE LOCATED, AND ALSO MUST CONDUCT A PUBLIC HEARING REGARDING THE PROGRAM AND THE LOCATION OF THESE RESIDENTIAL HOUSING FACILITIES IN THE COMMUNITY WHERE THEY WILL BE LOCATED.
S. 1305 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, METHODS OF TAKE AND SPECIAL USE RESTRICTIONS ON WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4443, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1258 (Word version) -- Senator Pinckney: A BILL TO AMEND ACT 476 OF 1998, RELATING TO JASPER COUNTY BOARD OF EDUCATION AS THE GOVERNING BODY OF THE SCHOOL DISTRICT OF JASPER COUNTY, SO AS TO REAPPORTION THE SPECIFIC ELECTION DISTRICTS FROM WHICH MEMBERS OF THE JASPER COUNTY BOARD OF EDUCATION SHALL BE ELECTED BEGINNING WITH SCHOOL BOARD ELECTIONS IN 2014, AND TO PROVIDE FOR DEMOGRAPHIC INFORMATION IN REGARD TO THESE NEWLY DRAWN ELECTION DISTRICTS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator PINCKNEY proposed the following amendment (GGS\1258C001.GGS.ZW14), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 2 of Act 476 of 1998 is amended to read:
"Section 2. (A) The single member districts of Jasper County School District shall be as follows:
DISTRICT 1
Area Population
Jasper County
GILLISONVILLE
Tract 9501.00
Blocks: 152, 158, 159, 160, 161, 162,
166, 167, 168, 169, 170, 172,
173, 174, 175, 176, 177, 178,
179, 180, 181, 182, 184, 185,
186, 189, 190, 192, 193 611
GRAYS
Tract 9501.00
Blocks: 101, 102, 103, 104, 105, 106,
107, 108, 109, 110, 111, 112,
113, 114, 115, 116, 117, 118,
119, 122, 123, 124, 125, 126,
127, 128, 129, 130, 131, 132,
133, 134, 135, 136, 137, 138,
139, 140, 141, 142, 143, 144,
145, 146, 147, 148, 149, 150,
151, 163, 164, 165, 171 680
PINELAND
Tract 9501.00
Blocks: 201, 202, 203, 204, 205, 206,
207, 208, 209, 210, 211, 212,
213, 214, 215, 216, 217, 218,
219, 242, 243, 244, 245, 246,
247, 250, 251, 283, 284 425
DISTRICT TOTAL 1,716
PERCENT VARIATION -0.290
DISTRICT 2
Area Population
Jasper County
PINELAND
Tract 9501.00
Blocks: 220, 221, 222, 223, 224, 225,
226, 227, 228, 229, 230, 231,
232, 233, 234, 235, 236, 237,
238, 239, 240, 241, 248, 249,
252, 253, 254, 255, 256, 257,
258, 259, 260, 261, 262, 263,
264, 265, 266, 267, 268, 269,
270, 271, 272, 273, 274, 275,
276, 277, 278, 279, 280, 281,
282, 285 619
RIDGELAND 1
Tract 9501.00
Blocks: 301, 302, 303, 304, 309, 310,
311, 312, 313, 314, 315, 316,
317, 318, 319, 320, 321, 326,
327, 328, 329, 330, 331, 332,
333, 334, 335, 336, 337, 338 344
Tract 9502.00
Blocks: 226, 227B 32
TILLMAN
Tract 9501.00
Blocks: 401, 402, 403, 404, 405, 406,
407, 408, 409, 410, 411, 412,
413, 414, 415, 416, 417, 418,
419, 420, 421, 422, 423, 424,
425, 426, 427, 430, 432, 433,
436, 437, 439, 448, 449, 450,
451, 452, 453, 454, 455, 456,
457, 458, 459, 460, 461, 462,
463, 464, 466, 467, 495, 496,
497 697
DISTRICT TOTAL 1,692
PERCENT VARIATION -1.685
DISTRICT 3
Area Population
Jasper County
COOSAWHATCHIE
Tract 9502.00
Blocks: 101, 102, 103, 104, 105, 106,
107, 108, 109, 110, 111, 112,
113, 114, 115, 116, 117, 118,
119, 120, 121, 122, 123, 124,
125, 126, 127, 128, 129, 130,
131, 132, 133, 138, 139, 140,
141, 142, 143, 144, 145, 146,
147, 148, 161, 162, 163, 164,
165, 166, 167, 168, 169, 170,
171, 172, 173, 174, 175, 176,
177, 178, 179, 180, 181, 182,
183, 184, 185, 186, 187, 188,
189, 190, 191, 192, 193, 194,
195, 196, 197 716
GRAHAMVILLE 2
Tract 9502.00
Blocks: 301, 302, 312, 313, 314, 315,
316, 317, 318, 319, 320, 321,
322, 323, 324, 325, 326, 327,
328, 329, 330, 331, 333, 401,
402, 403, 404, 405, 406, 407,
408, 409, 410, 411, 412, 413,
414, 415, 416, 417, 418, 419,
420, 421, 422, 423, 424, 425,
426, 427, 428, 429, 430, 431,
433, 434, 435, 436, 437, 438,
439, 440, 445, 446, 447, 448,
449 1,014
GRAYS
Tract 9501.00
Blocks: 120, 121, 153, 154, 155, 156,
157 22
DISTRICT TOTAL 1,752
PERCENT VARIATION .+1.801
DISTRICT 4
Area Population
Jasper County
COOSAWHATCHIE
Tract 9502.00
Blocks: 134, 135, 136, 137, 149, 150,
151, 152, 153, 154, 155, 156,
157, 158, 159, 160 178
GILLISONVILLE
Tract 9501.00
Blocks: 183, 187, 188, 191, 194, 195,
196, 197 135
RIDGELAND 1
Tract 9501.00
Blocks: 305, 306, 307, 308, 322, 323,
324, 325 200
Tract 9502.00
Blocks: 201, 202, 203, 204, 206, 207,
208, 209, 210, 211, 212, 213A,
213B, 213C, 214, 215, 216, 217,
218, 219, 220, 221, 222A, 222B,
223, 224, 225, 227A, 228, 229A,
229B, 230, 231, 232, 233, 234,
235, 236, 237, 238A, 238B, 239A,
239B, 240, 241, 242, 243, 244,
245, 246, 247, 248, 249, 250,
251, 252, 253, 254, 255, 256,
257, 258, 259, 303, 304, 305,
306, 307, 308, 309A, 309B, 310,
342, 343, 344A, 344B, 345, 346,
347, 348, 349, 350A, 350B,351A,
351B, 352A, 352B, 359, 360, 361,
362, 363, 364, 365, 366, 367,
368, 369, 370, 371 1,259
DISTRICT TOTAL 1,772
PERCENT VARIATION +2.963
DISTRICT 5
Area Population
Jasper County
GRAHAMVILLE 1
Tract 9502.00
Blocks: 501, 542, 543, 544, 545, 546,
547, 548, 549, 550, 558, 559,
618, 619 369
RIDGELAND 1
Tract 9501.00
Blocks: 347, 348, 349, 350, 351, 352,
353, 354 199
RIDGELAND 2 1,194
TILLMAN
Tract 9501.00
Blocks: 438 0
DISTRICT TOTAL 1,762
PERCENT VARIATION +2.382
DISTRICT 6
Area Population
Jasper County
HARDEEVILLE 1
Tract 9503.00
Blocks: 201, 202, 203, 204, 205, 206,
207, 208, 209, 210, 211, 212,
213, 214, 215, 216, 217, 218,
219, 220, 221, 222, 223, 224,
225, 226C, 227B, 228, 229, 230,
235B, 236, 237B, 238, 239B, 259 269
HARDEEVILLE 2 1,189
TILLMAN
Tract 9501.00
Blocks: 428, 429, 431, 434, 435, 440,
441, 442, 443, 444, 445, 446,
447, 465, 468, 469, 470, 471,
472, 473, 474, 475, 476, 477,
478, 479, 480, 481, 482, 483,
484, 485, 486, 487, 488, 489,
490, 491, 492, 493, 494 121
Tract 9503.00
Blocks: 101B, 102, 103, 104, 105, 106,
107, 108, 109, 110, 111, 112,
113, 114, 115, 116, 117, 118,
119, 120, 121, 122, 125, 126,
135, 136, 194 79
DISTRICT TOTAL 1,658
PERCENT VARIATION -3.660
DISTRICT 7
Area Population
Jasper County
GRAHAMVILLE 1
Tract 9502.00
Blocks: 601, 602, 603, 604, 605, 606,
607, 608, 609, 610, 611, 612,
613, 614, 615, 616, 617, 620,
621, 622, 623, 624, 625, 626,
627, 628, 629, 630, 631, 632,
633, 634, 635, 636, 637, 638,
639, 640, 641, 655, 656, 657,
658, 659, 660, 661, 662, 663,
664, 665, 670, 694, 695, 696,
697 739
GRAHAMVILLE 2
Tract 9502.00
Blocks: 311, 332, 334, 335, 336, 337,
338, 339, 340, 341, 353, 354,
355, 356, 357, 358, 432, 441,
442, 443, 444, 450, 451 657
OKATIE 328
DISTRICT TOTAL 1,724
PERCENT VARIATION +0.174
DISTRICT 8
Area Population
Jasper County
HARDEEVILLE 1
Tract 9503.00
Blocks: 226A, 226B, 227A, 231, 232, 233A,
233B, 233C, 234A, 234B, 235A, 237A,
239A, 240, 241, 242, 243A, 243B,
244, 245A, 245B, 246, 247, 248,
249, 250, 251, 252A, 252B, 253,
254, 255, 256, 257, 258, 260,
261, 262, 263, 264, 265, 266,
267, 268, 269, 270, 271, 272,
273, 274, 275, 276, 277, 301A,
301B, 302, 303, 304, 305, 306A,
306B, 307A, 307B, 308, 309, 310,
311, 312, 313, 314, 315, 316,
317, 318, 319, 320, 321, 322,
323, 324, 325, 326, 327, 328,
329, 330, 331, 332A, 333A, 333B,
333C, 340A, 341A, 341B, 342, 343,
344A, 344B, 345, 346, 414, 415,
416 1,759
DISTRICT TOTAL 1,759
PERCENT VARIATION +2.208
DISTRICT 9
Area Population
Jasper County
LEVY. 1,652
DISTRICT TOTAL. 1,652
PERCENT VARIATION -4.009
(B) The Office of Research and Statistical Services of the Budget and Control Board shall maintain an official map of the districts established in subsection (A) and shall, upon request, assist the local election officials and the district in implementing the provisions of this act.
(1) Notwithstanding another provision of law, beginning with school board elections in 2014, the nine single-member election districts from which members of the Jasper County Board of Education must be elected are as shown on the Jasper County Board of Education map S-53-00-14A as maintained by the Office of Research and Statistics of the State Budget and Control Board.
(2) The demographic information shown on this map is as follows:
District Pop Dev. %Dev. Hisp %Hisp NH_WHT
1 2,558 -49 -1.88% 206 8.05% 622
2 2,615 8 0.31% 559 21.38% 1,431
3 2,628 21 0.81% 436 16.59% 733
4 2,619 12 0.46% 249 9.51% 1,474
5 2,592 -15 -0.58% 281 10.84% 914
6 2,619 12 0.46% 353 13.48% 1,518
7 2,643 36 1.38% 206 7.79% 880
8 2,654 47 1.80% 1,053 39.68% 424
9 2,539 -68 -2.61% 341 13.43% 926
Total 23,467 3,684 15.70% 8,922
District %NH_WHT NH_BLK %NH_BLK VAP H18 %H18
1 24.32% 1,710 66.85% 1,924 131 6.81%
2 54.72% 567 21.68% 2,057 381 18.52%
3 27.89% 1,437 54.68% 1,865 247 13.24%
4 56.28% 880 33.60% 1,968 148 7.52%
5 35.26% 1,366 52.70% 1,896 176 9.28%
6 57.96% 712 27.19% 1,949 237 12.16%
7 33.30% 1,523 57.62% 1,947 129 6.63%
8 15.98% 1,098 41.37% 1,847 686 37.14%
9 36.47% 1,217 47.93% 1,876 211 11.25%
Total 38.02% 10,510 44.79% 17,329 2,346 13.54%
District NHWVAP %NHWVAP NHBVAP %NHBVAP AllOth AllOthVAP
1 501 26.04% 1,279 66.48% 20 13
2 1,195 58.09% 434 21.10% 58 47
3 576 30.88% 1,024 54.91% 22 18
4 1,152 58.54% 656 33.33% 16 12
5 731 38.55% 961 50.69% 31 28
6 1,221 62.65% 468 24.01% 36 23
7 718 36.88% 1,078 55.37% 34 22
8 352 19.06% 760 41.15% 79 49
9 734 39.13% 893 47.60% 55 38
Total 7,180 41.43% 7,553 43.59% 351 250
(B) The boundaries of the school district of Jasper County are not altered by the provisions of this act. These school district lines are as
defined by law and any census blocks that may be divided are done so only for statistical purposes and to establish a population base."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator PINCKNEY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the Third Reading Calendar.
Senator DAVIS desired to be recorded as voting against the second reading of the Bill.
On motion of Senator PINCKNEY, S. 1258 was ordered to receive a third reading on Friday, May 23, 2014.
S. 1302 (Word version) -- Senators Matthews and Hutto: A BILL TO ABOLISH ORANGEBURG COUNTY'S THREE CONSOLIDATED SCHOOL DISTRICTS EFFECTIVE JULY 1, 2016; TO DEVOLVE THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE THREE RESPECTIVE BOARDS OF TRUSTEES UPON A SINGLE SCHOOL DISTRICT TO BE KNOWN AS THE ORANGEBURG COUNTY SCHOOL DISTRICT; TO PROVIDE THAT THE ORANGEBURG COUNTY SCHOOL DISTRICT MUST BE GOVERNED BY A NINE MEMBER BOARD OF TRUSTEES WHO MUST BE ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE ORANGEBURG COUNTY SCHOOL DISTRICT BOARD OF TRUSTEES' COMPOSITION, MANNER OF ELECTION, POWERS, DUTIES, AND RESPONSIBILITIES; TO PROVIDE THAT THE SUPERINTENDENT OF THE ORANGEBURG COUNTY SCHOOL DISTRICT IS THE CHIEF OPERATING OFFICER OF THE DISTRICT; TO PROVIDE FOR THE SUPERINTENDENT'S POWERS, DUTIES, AND RESPONSIBILITIES; TO ABOLISH THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICT
FISCAL COMMISSION EFFECTIVE JULY 1, 2016; TO TRANSFER THE ASSETS AND LIABILITIES OF ORANGEBURG COUNTY'S THREE CONSOLIDATED SCHOOL DISTRICTS TO THE ORANGEBURG COUNTY SCHOOL DISTRICT EFFECTIVE ON JULY 1, 2016; TO ESTABLISH THE ORANGEBURG CONSOLIDATION TRANSITION COMMITTEE AND TO PROVIDE FOR THE COMMITTEE'S COMPOSITION, MANNER OF APPOINTMENT, POWERS, DUTIES, AND RESPONSIBILITIES; TO ABOLISH THE ORANGEBURG CONSOLIDATION TRANSITION COMMITTEE WHEN THE INITIAL MEMBERS OF THE ORANGEBURG COUNTY SCHOOL DISTRICT BOARD OF TRUSTEES ARE ELECTED, QUALIFY FOR OFFICE, AND TAKE THE OATH OF OFFICE; AND TO REPEAL ON JULY 1, 2014, ALL LOCAL ACTS PERTAINING TO AN ORANGEBURG COUNTY SCHOOL DISTRICT DEEMED INCONSISTENT WITH THE PROVISIONS OF THIS BILL.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators MATTHEWS and HUTTO proposed the following amendment (MS\1302C003.MS.AHB14), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. (A) Effective July 1, 2016, Orangeburg County shall consist of one school district to be known as the Orangeburg County School District.
(B) The three present school districts of the county must be abolished on July 1, 2016, and the powers and duties of the respective boards of trustees of each district devolved upon the board of trustees for the school district.
SECTION 2. (A)(1) The school district must be governed by a board of trustees of nine members, one of whom must be elected from each district as outlined in this section. A member of the board must be a resident of the election district from which he is elected. The members of the board must be elected in nonpartisan elections to be held beginning in 2015. The 2015 election for members of the board must be conducted on the first Tuesday after the first Monday of November and must be conducted in the same manner as a general election. Beginning in 2016, members of the board must be elected at nonpartisan elections to be conducted at the same time as the general election. Members of the board must be elected for four-year terms and
until their successors are elected and qualify, except that of the nine members of the board elected in 2016, the members elected from election districts one, three, five, and seven shall serve for initial terms to expire in November 2018, when their successors elected at the 2018 election qualify and take office, and the members elected from election districts two, four, six, eight, and nine shall serve for initial terms to expire in November 2020, when their successors elected at the 2020 election qualify and take office. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the vacancy must be filled for the unexpired term through appointment by the county legislative delegation. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission on forms furnished by the commission. This notice of candidacy must be a sworn statement and must include the candidate's name, age, election district in which he resides and from which he seeks election, voting precinct, period of residence in the county and election district, and other information that the county election commission requires. The county commissioners of election shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the elections pursuant to Section 7-13-35. The results of the elections must be determined by the nonpartisan plurality method contained in Section 5-15-61. The members of the board elected in these nonpartisan elections shall take office one week following certification of their election pursuant to Section 59-19-315.
(B)(1) Beginning with the Orangeburg County School District elections in 2015, the nine single-member election districts from which members of the Orangeburg County School District Board of Trustees must be elected are as shown on the Orangeburg County School District Board of Trustees map S-75-00-14 as maintained in the Office of Research and Statistics of the State Budget and Control Board.
(2) The demographic information shown on this map is as follows:
District Pop Dev. %Dev. NH_WHT %NH_WHT NH_BLK %NH_BLK
1 9,864 -414 -4.03% 6,100 61.84% 3,457 35.05%
2 10,021 -257 -2.50% 5,611 55.99% 4,023 40.15%
3 10,384 106 1.03% 5,680 54.70% 4,075 39.24%
4 10,587 309 3.01% 2,335 22.06% 7,659 72.34%
5 10,659 381 3.71% 664 6.23% 9,757 91.54%
6 10,228 -50 -0.49% 2,380 23.27% 7,447 72.81%
7 9,931 -347 -3.38% 1,722 17.34% 7,826 78.80%
8 10,670 392 3.81% 3,370 31.58% 6,972 65.34%
9 10,157 -121 -1.18% 3,344 32.92% 6,405 63.06%
Total 82,344 27,862 51,216
District VAP NHWVAP %NHWVAP NHBVAP %NHBVAP AllOth AllOthVAP
1 7,520 4,743 63.07% 2,554 33.96% 307 223
2 7,675 4,443 57.89% 2,956 38.51% 387 276
3 8,114 4,657 57.39% 3,013 37.13% 629 444
4 7,843 1,890 24.10% 5,518 70.36% 593 435
5 8,879 591 6.66% 8,104 91.27% 238 184
6 7,511 1,958 26.07% 5,285 70.36% 401 268
7 7,525 1,409 18.72% 5,859 77.86% 383 257
8 8,231 2,908 35.33% 5,109 62.07% 328 214
9 7,764 2,815 36.26% 4,668 60.12% 408 281
Totals 63,298 22,599 38,398 3,266 2,301
SECTION 3. (A) The members of the board shall elect a chairman and other officers necessary to serve for terms of two years in these capacities.
(B) The board of trustees of the district has the power, duty, and responsibility provided by law including to:
(1) employ a superintendent as the chief executive officer;
(2) establish other administrative departments upon the recommendation of the superintendent;
(3) adopt the proposed budget of the school district;
(4) inquire into the conduct of any office, department, or agency of the school district;
(5) adopt and modify attendance zones of schools within the school district except that through school year 2019-2020, existing attendance zones cannot be changed unless the federal court order regarding attendance zones is rescinded or amended during this period. However, no elementary or middle school may be closed until two public hearings are held at least two weeks apart within the affected attendance area with information to include, among other things, a delineation of the cost factors involved in keeping the school open and transporting the students to another school. A high school in an attendance area may not be closed without the holding of the same public hearings required above for an elementary or middle school, except in addition to the public hearings requirement, if a high school in an attendance area that existed before consolidation is to be closed and the students of that high school moved to a high school in another attendance area, the qualified electors within the attendance area where the high school is to be closed also first must approve the closing by referendum. This referendum may not be held at the same time as a school bond referendum. A school building that is the responsibility of
the board of trustees of the school district must be maintained in conformity with all applicable building code standards and requirements to protect and ensure the health, safety, and welfare of students, faculty, administrators, and the general public;
(6) provide for an independent annual audit of the books and business affairs of the school district and for a general survey of school district business;
(7) cooperate to establish and maintain a central purchasing system for the purchase of contractual services, equipment, and supplies;
(8) cooperate to establish and maintain educational consortia;
(9) be responsible for policymaking action and the review of regulations established to put these policies into operation; and
(10) set by majority vote of the board a salary that each member shall receive for attending meetings of the board which on an annual basis shall not exceed four thousand eight hundred dollars. The salary set by the board may be paid on a per meeting, monthly, annual, or other basis so long as the total paid to a member for any year does not exceed the limits provided above.
SECTION 4. The district superintendent is the chief operating officer of the district and is responsible to the board for the proper administration of all affairs of the district and subject to all other provisions of law relating to his duties. He shall:
(1) appoint and, when necessary for the good of the district, remove an appointive officer or employee of the district and fix the salaries of these officers and employees, unless otherwise provided by law and except as he may authorize the head of a department or office to appoint and remove subordinates in the department or office;
(2) prepare the budget annually, submit it to the board, and be responsible for its administration after adoption;
(3) prepare and submit to the board at the end of each fiscal year a complete annual report on the finances and administrative activities of the board for the preceding year and make other financial reports from time to time that may be required by the board or by law;
(4) keep the board advised of the financial condition and future needs of the district and make recommendations that seem desirable;
(5) perform other duties prescribed by law or required of him by the board not inconsistent with the provisions of law; and
(6) centralize all administrative functions including, but not limited to, human resources, accounting, procurement, transportation, school bus services, and maintenance.
SECTION 5. The Orangeburg County Consolidated School District Fiscal Commission is abolished effective July 1, 2016.
SECTION 6. (A) The board of trustees of the school district, before July first of each year, shall prepare a school district budget for the ensuing school year. Before September second of each year, the board shall notify the county auditor and treasurer in writing of the millage required for the operation of the schools in the district for the ensuing school year. The notice by the board constitutes authority for the levying and collection of the millage upon all of the real and personal property within the school district. The levy must be placed to the credit of the district and expended for the district. Beginning in 2016, the school district may raise its millage by not more than two mills over that levied for the previous year, in addition to any millage needed to adjust for the EFA inflation factor and sufficient to meet the requirements of Section 59-21-1030. An increase above this two mills for operations may be levied only after a majority of the registered electors of the district vote in favor of the millage increase in a referendum called by the district school board and conducted by the county election commission.
(B) The board shall hold a public hearing prior to its final approval of the budget for the district. Notice of this public hearing must be placed in a newspaper of general circulation in the district at least fifteen days before the public hearing.
(C) For purposes of determining the previous year's millage of the district upon its creation, the millage levy for the district must be determined and calculated by the board based on the 2015 levy in each of the three districts and the value of a mill in each district as well as the 2015 countywide school millage levy and the value of a mill in the county.
SECTION 7. (A) On July 1, 2016, the assets and liabilities of the three present school districts must be transferred to the district. The records and employees of the three present school districts of the county must be transferred to and, if applicable, assumed by the school district.
(B) The constitutional debt limitation on the issuance of general obligation bonds applicable to the district is to be computed based on the assessed value of all taxable property in the county minus that bonded indebtedness of each of the present school districts made a part of the district that was includable against the constitutional debt limitation of those present school districts.
(C) During the transition period, from July 1, 2014, to July 1, 2016, no new general obligation bonds may be issued against the constitutional debt limitation of the present three districts, except in the case of an emergency. If new general obligation bonds are issued, the board of trustees of the issuing school district must adopt an ordinance declaring the emergency and specifying the necessity of the issue.
SECTION 8. In creating the Orangeburg County school district, it is anticipated that there will be savings in the total district level administrative costs from the former individual districts; therefore, district level administrative costs, not including data processing, must be less than five percent by July 1, 2016. Administrative costs must be those defined in the State Department of Education financial analysis model.
SECTION 9. (A) The three present school districts of Orangeburg County are abolished on July 1, 2016, at which time the school district of the county must be established as provided in this act. The terms of all members of the boards of trustees of the three present school districts of the county will expire on this date. However, members of the board of trustees of the school district elected at the 2015 nonpartisan election shall take office one week following certification of their election pursuant to Section 59-19-315. From this date and until July 1, 2016, the boards may organize, begin planning for the changeover to the district, enter into contracts to effectuate these purposes, and perform other related matters, except that the responsibility and authority to manage the schools of the county rests solely with the individual boards for each of the three present districts until July 1, 2016, and the board may not interfere with this authority.
(B) Funding for the activities of the board from the date the members assume office until July 1, 2016, must be provided from funds available to the three present school districts for operating purposes.
(C) A member of one of the three present school boards of the county may seek election to the school district board of trustees in 2015. However, if he is elected to the Orangeburg County School District Board of Trustees, prior to assuming the duties of this board, he must first resign as a member of the present board. In this event and notwithstanding another provision of law, the vacancy on the present board he is vacating must be filled for the remainder of the unexpired term by appointment of the county legislative delegation.
SECTION 10. (A) There must be created within sixty days of the effective date of this act the Orangeburg Consolidation Transition
Committee whose purpose is to coordinate the consolidation of the three present districts into the Orangeburg County School District. The committee is composed of the following nine voting members:
(1) chairmen of the present three districts or their designees;
(2) one board member from each of the present three districts, appointed by each board's chairman; and
(3) three members appointed by the Orangeburg County Legislative Delegation.
In addition to the nine voting members of the committee, the three superintendents from the present three school districts shall serve as nonvoting, ex officio members.
(B) Names of the members of the transition committee must be submitted to the county legislative delegation within sixty days of this act being signed by the Governor. The committee shall elect a chairman from one of the three members appointed by the Legislative Delegation. A vacancy on the committee must be filled for the unexpired term in the same manner as the committee member whose departure from the committee created the vacancy.
(C) The committee may organize, begin planning for the changeover to the district, enter into contracts to effectuate these purposes, and perform other related matters.
(D) No later than June first, the Orangeburg Consolidation Transition Committee shall prepare a budget to be submitted to the county legislative delegation. When approved by the delegation, the budget must be funded by the school districts, each paying their portion based on their proportionate average daily membership report for 2015, from funds provided by the districts from their respective budgets. The consolidated school district fiscal commission may increase the districts' budgets to meet these requirements.
(E) The committee must be insured and indemnified in the same manner as the present school districts are insured and indemnified.
(F) Members of the committee shall receive per diem allowed by law for members of state boards, committees, or commissions, but are not entitled to mileage and subsistence.
(G) The committee must be abolished when the members of the board are elected at the 2015 election, qualify for office, and take office.
(H) The administrations and staffs of the present three school districts are expected and encouraged to cooperate with the transition committee and the board of the school district.
(I) In creating the Orangeburg County school district, it is anticipated that there will be savings in the total district level administrative costs from the former individual districts. The committee shall review the current administrations and recommend to the board the number and type of positions needed for the consolidated district level administration.
SECTION 11. All local acts pertaining to a school district of Orangeburg County inconsistent with the provisions of this act are repealed as of July 1, 2014, it being the intent of the General Assembly to have this act and the general law be the only provisions of law governing the school district of the county.
SECTION 12. If any provision of this act for any reason is held by a court of competent jurisdiction to be unconstitutional or invalid, that holding shall not affect the constitutionality or validity of the remaining portions of this act. The General Assembly declares that it would have passed this act and each and every provision in it irrespective of the fact that any one or more provisions of it may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 13. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator MATTHEWS explained the amendment.
The amendment was adopted.
On motion of Senator MATTHEWS, the Bill was carried over.
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, V.S. Moss and Knight: 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.
Senator McELVEEN asked unanimous consent to remove his name from the minority report of the Bill.
There was no objection and proper notation was made on the Bill.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator McELVEEN proposed the following amendment (SWB\4543C001.SWB.CM14), which was adopted:
Amend the bill, as and if amended, Section 50-13-640, as contained in SECTION 1, by deleting Section 50-13-640, as contained on pages 1 and 2 and inserting:
/ SECTION 1. Section 50-13-640 of the 1976 Code of Laws, as added by Act 114 of 2012, is amended to read:
"Section 50-13-640. (A) It is unlawful to possess more than one two blue catfish (Ictalurus furcatus) greater than thirty-six thirty-two inches in length in any one day in Lake Marion, Lake Moultrie, or the upper reach of the Santee River, and the Congaree and Wateree Rivers.
(B) The daily possession limit for blue catfish (Ictalurus furcatus) is not more than fifteen in Lake Marion, Lake Moultrie, and the upper reach of the Santee River.
(C) The department shall make a study of the blue catfish fishery on the Santee and Cooper River systems and make recommendations on any needed modifications of this section on or before January 2020.
(D) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than three hundred dollars or imprisoned not more than thirty days, or both."/
Renumber sections to conform.
Amend title to conform.
Senator McELVEEN explained the amendment.
The amendment was adopted.
On motion of Senator VERDIN, the Bill was carried over.
H. 3827 (Word version) -- Reps. Pitts and Loftis: A BILL TO AMEND SECTION 44-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUESTS FOR FINAL REVIEW OF DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL DECISIONS BY THE DEPARTMENT BOARD, SO AS TO PROVIDE THAT A PARTY MAY REQUEST A CONTESTED CASE HEARING ON A DEPARTMENT DECISION BEFORE THE ADMINISTRATIVE LAW COURT OR MAY REQUEST A REVIEW OF THE DEPARTMENT DECISION BY THE BOARD; TO PROVIDE THAT IF A REVIEW BY THE BOARD IS REQUESTED, THE BOARD HAS SIXTY DAYS WITHIN WHICH TO CONDUCT ITS REVIEW AND ISSUE A DETERMINATION WHICH BECOMES THE FINAL AGENCY DECISION UNLESS A REQUEST FOR A CONTESTED CASE HEARING IS REQUESTED BEFORE THE ADMINISTRATIVE LAW COURT; TO PROVIDE THAT IF A CONTESTED CASE HEARING IS REQUESTED, THE PARTY MAY REQUEST THE ADMINISTRATIVE LAW COURT TO REMAND THE CASE TO THE BOARD FOR FURTHER REVIEW; TO PROVIDE THAT UPON REMAND, THE BOARD HAS SIXTY DAYS WITHIN WHICH TO CONDUCT ITS REVIEW AND ISSUE A STATEMENT WITH THE ADMINISTRATIVE LAW COURT AND THE PARTIES PROVIDING REVISIONS OR MODIFICATIONS, IF ANY, MADE TO THE DEPARTMENT DECISION; AND TO PROVIDE THAT IF AN EMERGENCY ORDER IS ISSUED BY THE DEPARTMENT, THE PERSON AGAINST WHOM IT IS ISSUED MAY APPLY TO THE ADMINISTRATIVE LAW COURT FOR RELIEF AND MUST BE AFFORDED A HEARING WITHIN FORTY-EIGHT HOURS.
Senator SCOTT asked unanimous consent to remove his name from the minority report of the Bill.
Senator MALLOY objected.
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.
Senator SCOTT asked unanimous consent to remove his name from the minority report of the Bill.
Senator MALLOY objected.
S. 718 (Word version) -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-37 SO AS TO PROVIDE THAT A DRIVER OF A MOTOR VEHICLE MAY BE FOUND LIABLE OF A CIVIL PENALTY FOR VIOLATIONS REGARDING PASSING OR OVERTAKING A SCHOOL BUS IF THE VIOLATION IS CAPTURED ON A VIDEO RECORDING DEVICE MOUNTED ON THE SCHOOL BUS, TO PROVIDE PENALTIES, AND TO PROVIDE THE EVIDENTIARY PROCESS AND THE PROCESS BY WHICH A PERSON RECEIVES SERVICE OF PROCESS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.
The Committee on Transportation proposed the following amendment (718R001.LKG), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-5-2770(D) of the 1976 Code is amended to read:
"(D)(1) A school bus must be equipped with red and amber visual signals meeting the requirements of State Department of Education Regulations and Specifications Pertaining to School Buses, which must be actuated by the driver whenever the bus is stopped or preparing to stop on the highway for the purpose of receiving or discharging school children. A driver must not actuate the special visual signals when the bus is in designated school bus loading or off-loading areas if the bus is off the roadway entirely.
(2) A school bus may be equipped with a digital video recording device mounted on the school bus with a clear view of vehicles passing the bus on either side and showing the date and time the recording was made and an electronic symbol showing the activation of amber lights, flashing red lights, stop arms, and brakes. Digital video recording devices mounted on school buses must be procured in compliance with Chapter 11, Title 35 or a procurement code adopted by the political subdivision procuring the digital video recording device in compliance with Section 11-35-50."
SECTION 2. Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-2773. (A) A uniform traffic citation alleging the violation of Section 56-5-2770 may be issued based in whole or in part upon images obtained from a digital video recording device mounted on a school bus. A copy of the citation must be given directly to the alleged offender by the law enforcement officer issuing the citation.
(B) Digital images obtained from a digital video recording device mounted on a school bus pursuant to Section 56-5-2770(D) may be used as evidence at any hearing related to a violation of Section 56-5-2770 to corroborate testimony by the school bus driver or any other person who witnessed the offense."
SECTION 3. Section 56-7-35(C) of the 1976 Code is amended to read:
"(C) The provisions of this section do not apply to:
(1) toll collection; or
(2) issuance of a uniform traffic citation alleging the violation of Section 56-5-2770."
SECTION 4. Section 56-7-15 of the 1976 Code is amended by adding:
"(C) The issuance of a uniform traffic ticket alleging the violation of Section 56-5-2770 is not subject to the provisions of this section."
SECTION 5. This act takes effect upon approval of the Governor. /
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Coleman Corbin Courson Cromer Davis Gregory Grooms Hayes Hembree Johnson Kimpson Leatherman Lourie Malloy Martin, Larry Massey Matthews McElveen McGill Nicholson O'Dell Peeler Pinckney Rankin Reese Scott Shealy Sheheen Thurmond Turner Verdin Young
Total--0
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3102 (Word version) -- Reps. Forrester, V.S. Moss, Allison, Atwater and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT "JAIDON'S LAW"; TO AMEND SECTION 63-7-1680, AS AMENDED, RELATING TO THE CONTENTS, APPROVAL, AND AMENDMENT OF A PLACEMENT PLAN DEVELOPED BY THE DEPARTMENT OF SOCIAL SERVICES FOR A CHILD REMOVED FROM THE CUSTODY OF HIS OR HER PARENTS, SO AS TO FURTHER PROVIDE FOR THE VISITATION RIGHTS AND OBLIGATIONS OF THE PARENTS UNDER THE PLACEMENT PLAN; TO AMEND SECTION 63-7-1690, RELATING TO CONTENTS OF A PLACEMENT PLAN WHEN THE CONDITIONS FOR REMOVAL OF A CHILD FROM THE CUSTODY OF HIS OR HER PARENTS INCLUDE CONTROLLED SUBSTANCE ABUSE BY THE PARENTS, SO AS TO MAKE THE CONTENTS OF THE PLAN MANDATORY, RATHER THAN IN THE DISCRETION OF THE COURT; TO AMEND SECTION 63-7-1710, RELATING TO CIRCUMSTANCES UNDER WHICH THE DEPARTMENT OF SOCIAL SERVICES SHALL FILE A PETITION TO TERMINATE PARENTAL RIGHTS, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL FILE THIS PETITION IF THE PARENT IS CONVICTED OF HOMICIDE BY CHILD ABUSE, OR AIDING OR ABETTING TO COMMIT HOMICIDE BY CHILD ABUSE, OF ANOTHER CHILD OF THE PARENT; TO PROVIDE THAT THE DEPARTMENT SHALL FILE THIS PETITION IF A PARENT FAILED THREE HAIR-STRAND DRUG TESTS OVER A NINE-MONTH PERIOD; AND TO PROVIDE THAT THE DEPARTMENT SHALL FILE SUCH A PETITION IF A PARENT FAILED TWICE IN A TWELVE-MONTH PERIOD TO COMPLY WITH THE TERMS OF A TREATMENT PLAN OR PLACEMENT PLAN; TO AMEND SECTION 63-7-1940, RELATING TO COURT-ORDERED PLACEMENT OF A PERSON IN THE CENTRAL REGISTRY FOR CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THE COURT SHALL ORDER THAT A PERSON BE PLACED IN THE REGISTRY IF THE PERSON GAVE BIRTH TO THE CHILD AND THE CHILD TESTED POSITIVE FOR DRUGS; AND TO AMEND SECTION 63-7-2570, AS AMENDED, RELATING TO GROUNDS FOR TERMINATING PARENTAL RIGHTS, SO AS TO PROVIDE THAT TERMINATING THESE RIGHTS ON THE GROUNDS OF SEVERE AND
REPETITIVE ABUSE OR NEGLECT INCLUDES HOSPITALIZATION OF A CHILD FOR MORE THAN FOURTEEN DAYS DUE TO ABUSE OR NEGLECT; TO INCLUDE IN THE GROUNDS FOR TERMINATING THESE RIGHTS A PARENT'S ADDICTION TO ALCOHOL OR ILLEGAL DRUGS OR PRESCRIPTION MEDICATION ABUSE WHEN THE PARENT'S ADDICTION IS UNLIKELY TO CHANGE WITHIN A REASONABLE TIME; AND TO PROVIDE AS A GROUND FOR TERMINATING THESE RIGHTS A PARENT BEING CONVICTED OF MURDER, VOLUNTARY MANSLAUGHTER, OR HOMICIDE BY CHILD ABUSE OF ANOTHER CHILD OF THE PARENT.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the committee amendment.
The Committee on Judiciary proposed the following amendment (JUD3102.001), which was adopted:
Amend the bill, as and if amended, page 4, by striking lines 13 through 17 in Section 63-7-1710(A), as contained in SECTION 4, and inserting therein the following:
/ bodily injury to the child or to another child of the parent; or
(6) a court of competent jurisdiction has found the parent to /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
On motion of Senator SHEHEEN, the Bill was carried over.
H. 3361 (Word version) -- Reps. Cobb-Hunter, Long, Weeks and R.L. Brown: A BILL TO AMEND SECTION 20-4-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ORDER FOR PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT THE COURT MAY PROHIBIT HARM OR HARASSMENT TO A PET ANIMAL OWNED, POSSESSED, KEPT, OR HELD BY THE PETITIONER AND TO PROVIDE THAT IN ORDERING TEMPORARY POSSESSION OF PERSONAL PROPERTY, THE COURT MAY ORDER THE TEMPORARY POSSESSION OF PET ANIMALS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD3361.001), which was adopted:
Amend the bill, as and if amended, page 2, line 1, by striking SECTION 3, and inserting:
/ SECTION 3. Section 47-1-40 of the 1976 Code is amended to read:
"Section 47-1-40. (A) Whoever A person who knowingly or intentionally overloads, overdrives, overworks, or ill-treats any an animal, deprives any an animal of necessary sustenance or shelter, inflicts unnecessary pain or suffering upon any an animal, or by omission or commission knowingly or intentionally causes these things acts to be done, for every offense is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment not exceeding sixty ninety days or by a fine of not less than one hundred dollars nor more than five hundred one thousand dollars, or both, for a first offense; by imprisonment not exceeding ninety days or by a fine not exceeding eight hundred dollars, or both, for a second offense; or by imprisonment not exceeding two years or by a fine not exceeding two thousand dollars, or both, for a third second or subsequent offense. Notwithstanding any other provision of law, a first offense under this subsection shall be tried in magistrate's or municipal court.
(B) Whoever A person who tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering upon any an animal or by omission or commission causes the these acts to be done, for any of the offenses is guilty of a felony and, upon conviction, must be punished by imprisonment of not less than one hundred eighty days and not to exceed five years and by a fine of five thousand dollars.
(C) This section does not apply to fowl, accepted animal husbandry practices of farm operations and the training of animals, the practice of veterinary medicine, agricultural practices, forestry and silvacultural practices, wildlife management practices, or activity authorized by Title 50, including an activity authorized by the South Carolina Department of Natural Resources or an exercise designed for training dogs for hunting, if repeated contact with a dog or dogs and another animal does not occur during this training exercise."
SECTION 4. Section 47-1-130 of the 1976 Code is amended to read:
"Section 47-1-130. (A) Any person violating the laws in relation to cruelty to animals may be arrested by a law enforcement officer and held, without warrant, in the same manner as in the case of persons found breaking the peace.
(B) The South Carolina Society for the Prevention of Cruelty to Animals, or other organizations organized for the same purpose, may not make an arrest for a violation of the laws in relation to cruelty to animals."
SECTION 5. Section 47-1-140 of the 1976 Code is amended to read:
"Section 47-1-140. The person law enforcement officer making the arrest, with or without warrant, shall use reasonable diligence to give notice to the owner of the animals found in the charge or custody of the person arrested, if the person is not the owner, and shall care and provide properly for the animals. The person law enforcement officer making such the arrest shall have a lien on the animals for the expense of such care and provision. But if such person making the arrest be an agent of the South Carolina Society for the Prevention of Cruelty to Animals, or other society incorporated for that purpose, the provisions of Section 47-1-120 shall apply in lieu of the provisions of this section. Notwithstanding any other provision of law, an animal may be seized preceding an arrest and pursuant to Section 47-1-150."
SECTION 6. Section 47-1-150(B) of the 1976 Code is amended to read:
"(B) The purpose of this section is to provide a means by which a neglected or mistreated animal can be:
(1) removed from its present custody,; or
(2) made the subject of an order to provide care, issued to its owner by the magistrate or municipal judge, any law enforcement officer, or any agent of the county or of the South Carolina Society for the Prevention of Cruelty to Animals, or any society incorporated for that purpose and given protection and an appropriate and humane disposition made."
SECTION 7. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date
of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 8. Section 47-1-160 of the 1976 Code is repealed.
SECTION 9. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator MASSEY explained the amendment.
The amendment was adopted.
On motion of Senator SHEHEEN, the Bill was carried over.
H. 3626 (Word version) -- Reps. Lucas, Williams, Munnerlyn, Lowe, Bannister, Finlay and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-515 SO AS TO PROVIDE THAT THE OWNER OF A "MOTORSPORTS ENTERTAINMENT COMPLEX" LOCATED IN THIS STATE OR HIS DESIGNEE MAY APPLY FOR AND BE ISSUED AN ANNUAL LICENSE WHICH AUTHORIZES THE PURCHASE, SALE, AND CONSUMPTION OF BEER AND WINE AT ANY OCCASION HELD ON THE GROUNDS OF THE COMPLEX YEAR ROUND ON ANY DAY OF THE WEEK, TO PROVIDE FOR THE TERMS AND CONDITIONS FOR THIS ANNUAL LICENSE, INCLUDING THE FEE, AND TO PROVIDE FOR OTHER MATTERS RELATING TO THE ADMINISTRATION OF THIS LICENSE AND APPLICABLE ALCOHOLIC BEVERAGE CONTROL LAWS IN CONNECTION WITH THE USE OF THIS LICENSE; AND BY ADDING SECTION 61-6-2016 SO AS TO PROVIDE THAT THE OWNER OF A "MOTORSPORTS ENTERTAINMENT COMPLEX", OR HIS DESIGNEE, ALSO MAY BE ISSUED, UPON APPLICATION, AN ANNUAL LICENSE THAT AUTHORIZES THE PURCHASE, SALE, AND CONSUMPTION OF ALCOHOLIC LIQUORS BY THE DRINK AT ANY OCCASION HELD ON THE GROUNDS OF THE COMPLEX UNDER THE
SAME SPECIFIED TERMS AND CONDITIONS AS PROVIDED FOR BEER AND WINE PERMITS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD3626.003), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:
/ SECTION 1. Chapter 4, Title 61 of the 1976 Code is amended by adding:
"Section 61-4-515. (A) In addition to the permits authorized pursuant to the provisions of this article, the department also may issue a biennial permit to the owner, or his designee, of a motorsports entertainment complex or tennis specific complex located in this State, which authorizes the purchase and sale for on-premises consumption of beer and wine at any occasion held on the grounds of the complex year round on any day of the week. The nonrefundable filing fee and the fees for the motorsports or tennis complex biennial permit are the same as for other biennial permits for on-premises consumption of beer and wine, with the revenue therefrom used for the purposes provided in Section 61-4-510. Notwithstanding another provision of this article, the issuance of this permit authorizes the permit holder to purchase beer and wine from licensed wholesalers in the same manner that a person with appropriate licenses issued pursuant to this title purchases beer and wine from licensed wholesalers. The department in its discretion may specify the terms and conditions of the permit, pursuant to the provisions of Chapter 4, Title 61, and other applicable provisions under Title 61.
(B) The department may require such proof of qualifications for the issuance of these permits as it considers necessary, pursuant to the provisions of Chapter 4, Title 61, and these permits may be issued whether or not the motorsports entertainment complex or tennis specific complex is located in a county or municipality which pursuant to Section 61-6-2010 has successfully held a referendum allowing the possession, sale, and consumption of beer or wine or alcoholic liquors by the drink for a period not to exceed twenty-four hours.
(C) The owner or designee of the motorsports entertainment complex or the tennis specific complex may designate particular areas within the complex where patrons of events who have paid an
admission price to attend or guests who are attending private functions at the complex, whether or not a charge for attendance is made, may possess and consume beer and wine provided at their own expense or at the expense of the sponsor of the private function.
(D) For purposes of this section:
(1) 'Motorsports entertainment complex' has the same meaning as provided in Section 12-21-2425.
(2) 'Tennis specific complex' means a tennis facility, and its ancillary grounds and facilities, which satisfies all of the following:
(a) has at least ten thousand fixed seats for tennis patrons;
(b) hosted one Women's Tennis Association Premier tournament in 2013 and continues to host at least one Women's Tennis Association Premier tournament in each year, or any successor Women's Tennis Association tournament; and
(c) engages in tourism promotion."
SECTION 2. Chapter 6, Title 61 of the 1976 Code is amended by adding:
"Section 61-6-2016. (A) In addition to the other provisions of this chapter, the owner, or his designee, of a motorsports entertainment complex or tennis specific complex that is located in this State may be issued, upon application, a biennial license that authorizes the purchase and sale for on-premises consumption of alcoholic liquors by the drink at any occasion held on the grounds of the complex under the same terms and conditions provided in Section 61-4-515, and the non-refundable filing fee and license fee are the same as for other biennial licenses issued by the department for on-premises consumption of alcoholic liquors by the drink. In the event that the owner or his designee applies for both a permit to purchase and sell for on-premises consumption beer and wine and a license to purchase and sell for on-premises consumption alcoholic liquors by the drink, only one fee is required, which is the same as the fee for the fifty-two week local option permit under Section 61-6-2010 with the revenue therefrom used for the same purposes as provided in Section 61-6-2010.
(B) The department may require such proof of qualifications for the issuance of these licenses as it considers necessary, pursuant to the provisions of Chapter 6, Title 61, and these licenses may be issued whether or not the motorsports entertainment complex or tennis specific complex is located in a county or municipality, which pursuant to Section 61-6-2010 has successfully held a referendum allowing the possession, sale, and consumption of beer or wine or alcoholic liquors by the drink for a period not to exceed twenty-four hours.
(C) The owner or designee of the motorsports entertainment complex or the tennis specific complex may designate particular areas within the complex where patrons of events who have paid an admission price to attend or guests who are attending private functions at the complex, whether or not a charge for attendance is made, may possess and consume alcoholic liquors by the drink provided at their own expense or at the expense of the sponsor of the private function.
(D) For purposes of this section:
(1) 'Motorsports entertainment complex' has the same meaning as provided in Section 12-21-2425.
(2) 'Tennis specific complex' means a tennis facility, and its ancillary grounds and facilities, that satisfies all of the following:
(a) has at least ten thousand fixed seats for tennis patrons;
(b) hosted one Women's Tennis Association Premier tournament in 2013 and continues to host at least one Women's Tennis Association Premier tournament in each year, or any successor Women's Tennis Association tournament; and
(c) engages in tourism promotion."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator MASSEY explained the committee amendment.
The committee amendment was adopted.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Coleman Courson Davis Grooms Hembree Johnson Kimpson Leatherman Lourie Malloy Martin, Larry Matthews McElveen McGill Nicholson O'Dell
Peeler Pinckney Rankin Reese Scott Sheheen Thurmond Turner Verdin Young
Corbin Massey Shealy
Cromer Hayes
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 375 (Word version) -- Senators Hutto, L. Martin, Johnson and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 38 TO TITLE 6 SO AS TO ENACT THE "DILAPIDATED BUILDINGS ACT", TO PROVIDE DEFINITIONS, TO PROVIDE THAT A MUNICIPALITY MAY BRING A CAUSE OF ACTION AGAINST THE OWNER OF PROPERTY NOT IN SUBSTANTIAL COMPLIANCE WITH CERTAIN MUNICIPAL ORDINANCES, TO IDENTIFY WHO MAY SERVE AS A COURT-APPOINTED RECEIVER FOR PROPERTY SUBJECT TO THIS CAUSE OF ACTION, TO DESIGNATE THE POWERS OF A COURT-APPOINTED RECEIVER, TO ESTABLISH REPORTING REQUIREMENTS OF THE MUNICIPALITY CONCERNING A VIOLATION AGAINST WHICH THE MUNICIPALITY MAY BRING A CAUSE OF ACTION UNDER THIS ACT, AND TO PROVIDE CERTAIN REMEDIES AND PROCEDURES.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Campbell Campsen Cleary Courson Cromer Grooms Hayes Hembree Jackson Johnson Kimpson Leatherman Lourie Martin, Larry McElveen McGill Nicholson O'Dell Peeler Pinckney Rankin Reese Scott Shealy Turner Verdin
Bright Bryant Corbin Davis Malloy Massey Thurmond Young
The Bill was read the second time and ordered placed on the Third Reading Calendar.
H. 3904 (Word version) -- Reps. Daning, Crosby, Merrill, Simrill and Lucas: A BILL TO AMEND SECTION 56-3-2340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES ALLOWING LICENSED MOTOR VEHICLE DEALERS TO ISSUE FIRST TIME MOTOR VEHICLE REGISTRATION AND LICENSE TAGS DIRECTLY FROM THEIR DEALERSHIPS, SO AS TO MAKE A TECHNICAL CHANGE, TO PROVIDE THAT THE DEPARTMENT MAY CERTIFY THIRD-PARTY PROVIDERS TO PROCESS TITLE, LICENSE PLATES, TEMPORARY LICENSE PLATES, AND VEHICLE REGISTRATION TRANSACTIONS ON BEHALF OF THE DEPARTMENT, TO PROVIDE THAT THE DEPARTMENT AND
THIRD-PARTY PROVIDERS MAY COLLECT TRANSACTION FEES FROM ENTITIES WHO TRANSMIT OR RETRIEVE CERTAIN DATA FROM THE DEPARTMENT; AND TO AMEND SECTION 56-19-265, AS AMENDED, RELATING TO LIENS RECORDED AGAINST MOTOR VEHICLES AND MOBILE HOMES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT LIEN RECORDINGS MAY BE ELECTRONICALLY TRANSMITTED TO THE DEPARTMENT, TO PROVIDE THAT THE OWNERS OF MOTOR VEHICLES OR MOBILE HOMES MAY RETAIN THE ELECTRONIC COPY OF THE VEHICLE'S TITLE WITH THE DEPARTMENT ONCE ALL LIENS ARE SATISFIED, AND TO PROVIDE THAT THE DEPARTMENT MAY CONVENE A WORKING GROUP TO DEVELOP PROGRAM SPECIFICATIONS RELATING TO GOVERNING THE TRANSMISSION OF ELECTRONIC LIEN INFORMATION.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator HEMBREE explained the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Coleman Corbin Courson Cromer Davis Grooms Hayes Hembree Jackson Johnson Kimpson Leatherman Lourie Malloy Martin, Larry Massey Matthews McElveen McGill Nicholson O'Dell Peeler Pinckney Reese Scott Shealy Sheheen Thurmond Turner Verdin Young
Total--0
The Bill was read the second time and ordered placed on the Third Reading Calendar.
H. 3958 (Word version) -- Rep. Quinn: A BILL TO AMEND CHAPTER 23, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LAW ENFORCEMENT TRAINING COUNCIL, SO AS TO PROVIDE THAT THIS CHAPTER ALSO RELATES TO THE CRIMINAL JUSTICE ACADEMY, TO PROVIDE DEFINITIONS FOR THE TERMS "ACADEMY" AND "DIRECTOR", TO CORRECT CERTAIN REFERENCES, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 17-5-130, AS AMENDED, RELATING TO THE QUALIFICATIONS FOR THE ELECTION OF AND TRAINING FOR CORONERS, SO AS TO SUBSTITUTE THE TERM "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY" FOR THE TERM "DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 24-5-340, RELATING TO RESERVE DETENTION OFFICERS, SO AS TO SUBSTITUTE THE TERM "SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY" FOR THE TERM "DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTIONS 63-19-1860 AND 63-19-1880, BOTH RELATING TO THE CONDITIONAL RELEASE OF A JUVENILE AND THE EMPLOYMENT OF PROBATION COUNSELORS, SO AS TO SUBSTITUTE THE TERM "SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL" FOR THE TERM "DEPARTMENT OF PUBLIC SAFETY", AND TO CORRECT CERTAIN REFERENCES TO THE CODE OF LAWS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator MASSEY explained the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Coleman Corbin Courson Cromer Davis Grooms Hayes Hembree Jackson Johnson Kimpson Leatherman Lourie Malloy Martin, Larry Massey Matthews McElveen McGill Nicholson O'Dell Peeler Pinckney Reese Scott Shealy Sheheen Thurmond Turner Verdin Young
Total--0
The Bill was read the second time and ordered placed on the Third Reading Calendar.
H. 4408 (Word version) -- Reps. Horne and Weeks: A BILL TO AMEND SECTION 63-11-1930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO ADD TWO MEMBERS TO THE COMMITTEE; TO AMEND SECTION 63-11-1940, RELATING TO THE DUTIES OF THE STATE LAW ENFORCEMENT DIVISION'S DEPARTMENT OF CHILD FATALITIES, SO AS TO DELETE CERTAIN PROVISIONS REQUIRING THE DEPARTMENT TO PROCEED WITH AN INVESTIGATION OR TO CLOSE A CASE; AND TO MAKE TECHNICAL CORRECTIONS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD4408.002), which was adopted:
Amend the bill, as and if amended, page 2, by striking lines 24 through 26 and inserting therein the following:
/ (15) a board certified or eligible for board certification child abuse pediatrician, appointed from recommendations submitted by the State Chapter of the American Academy of Pediatrics. /
Amend the bill further, as and if amended, page 3, by striking line 2 and inserting therein the following:
/ quarterly. A majority of the committee, excluding the committee members in subsections (A)(11) and (A)(12) or their designees, constitutes a quorum. /
Renumber sections to conform.
Amend title to conform.
Senator MASSEY explained the committee amendment.
The committee amendment was adopted.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Coleman Corbin Courson Cromer Davis Grooms Hayes Hembree Jackson Johnson Kimpson Leatherman Lourie Malloy Martin, Larry Massey Matthews McElveen McGill Nicholson O'Dell Peeler Pinckney Reese Scott Shealy Sheheen Thurmond Turner Verdin Young
Total--0
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 4527 (Word version) -- Reps. Felder, D.C. Moss, Brannon, Allison, Daning, Crosby, V.S. Moss, Hosey, Sottile, Clyburn, Kennedy, Spires, Quinn, R.L. Brown, Cole, Forrester, Pope, Rivers, Wood and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-195 SO AS TO ESTABLISH "A DAY OF RECOGNITION FOR VETERANS' SPOUSES AND FAMILIES" ON THE DAY AFTER THANKSGIVING DAY EACH YEAR.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Coleman Corbin Courson Cromer Davis Grooms Hayes Hembree Jackson Johnson Kimpson Leatherman Lourie Malloy Martin, Larry Massey Matthews McElveen McGill Nicholson O'Dell Peeler Pinckney Reese Scott Shealy Sheheen Thurmond Turner Verdin Young
Total--0
The Bill was read the second time and ordered placed on the Third Reading Calendar.
H. 4560 (Word version) -- Reps. G.M. Smith and Weeks: A BILL TO AMEND SECTION 17-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESTRUCTION OR EXPUNGEMENT OF CERTAIN ARREST AND BOOKING RECORDS UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE FOR THE RETENTION OF EVIDENCE GATHERED, INCIDENT REPORTS, AND INVESTIGATIVE FILES PRODUCED AS A RESULT OF A LAW ENFORCEMENT ACTION, TO 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.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator THURMOND proposed the following amendment (JUD4560.002), which was adopted:
Amend the committee report, as and if amended, page [4560-4], by striking lines 6-10, and inserting:
/ (C)(E)(1) This section does not apply to a person who is charged with a violation of Title 50, Title 56, or an enactment pursuant to the authority of counties and municipalities provided in Titles 4 and 5, or any other state criminal offense, if the person is not fingerprinted for the violation. /
Renumber sections to conform.
Amend title to conform.
Senator THURMOND explained the amendment.
The amendment was adopted.
The Committee on Judiciary proposed the following amendment (JUD4560.001), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1, and inserting::
/ SECTION 1. Section 17-1-40 of the 1976 Code, as last amended by Act 75 of 2013, is further amended to read:
"Section 17-1-40. (A) For purposes of this section, 'under seal' means not subject to disclosure other than to a law enforcement or prosecution agency, and attorneys representing a law enforcement or prosecution agency, unless disclosure is allowed by court order.
(A)(1)(B)(1) A person who after being If a person's record is expunged pursuant to Title 17, Chapter 22, Article 9, because the person was charged with a criminal offense, or was issued a courtesy summons pursuant to Section 22-3-330 or another provision of law, and the charge is was discharged, proceedings against the person are were dismissed, or the person is was found not guilty of the charge, then the arrest and booking record, files associated bench warrants, mug shots, and fingerprints of the person must be destroyed and no evidence of the record pertaining to the charge or associated bench warrants may be retained by any municipal, county, or state law enforcement agency. Provided, however, that:
(a) Law enforcement and prosecution agencies shall retain the arrest and booking record, associated bench warrants, mug shots, and fingerprints of the person under seal for three years and one hundred twenty days. A law enforcement or prosecution agency may retain the information indefinitely for purposes of ongoing or future investigations and prosecution of the offense, and to defend the agency and the agency's employees during litigation proceedings. The information must remain under seal. The information is not a public document and is exempt from disclosure, except by court order.
(b) local and state detention Detention and correctional facilities may shall retain booking records, identifying documentation and materials, and other institutional reports and files under seal, on all persons who have been processed, detained, or incarcerated, for a period not to exceed three years and one hundred twenty days from the date of the expungement order to manage their the facilities' statistical and professional information needs, and, where necessary, to defend such the facilities and the facilities' employees during litigation proceedings, except when an action, complaint, or inquiry has been initiated. Information retained by a local or state detention or correctional facility as permitted under this section after an
expungement order has been issued The information is not a public document and is exempt from disclosure., Such information only may be disclosed except by judicial court order, pursuant to a subpoena filed in a civil action, or as needed during litigation proceedings.
(2) A person municipal, county, or state agency, or an employee of a municipal, county, or state agency that otherwise intentionally retains the arrest and booking record, files, mug shots, fingerprints, or any evidence of the record pertaining to a charge discharged or dismissed pursuant to this section violates this subsection is guilty of contempt of court.
(3) Nothing in this subsection requires the South Carolina Department of Probation, Parole and Pardon Services to expunge the probation records of persons whose charges were dismissed by conditional discharge pursuant to Section 44-53-450.
(2) If a person has been issued a courtesy summons pursuant to Section 22-3-330 or another provision of law and the charge for which the courtesy summons was issued is discharged, proceedings against the person are dismissed, or the person is found not guilty of the charge, the arrest and booking record, files, mug shots, and fingerprints of the person must be destroyed and no evidence of the record pertaining to the charge may be retained by any municipal, county, or state law enforcement agency in accordance with the provisions of item (1).
In addition, a person who violates the provisions of this item is subject to the same penalty as provided in item (1).
(C)(1) If a person's record is expunged pursuant to Title 17, Chapter 22, Article 9, because the person was charged with a criminal offense, or was issued a courtesy summons pursuant to Section 22-3-330 or another provision of law, and the charge was discharged, proceedings against the person were dismissed, or the person was found not guilty of the charge, then law enforcement and prosecution agencies shall retain the evidence gathered, unredacted incident and supplemental reports, and investigative files under seal for three years and one hundred twenty days. A law enforcement or prosecution agency may retain the information indefinitely for purposes of ongoing or future investigations, other law enforcement or prosecution purposes, and to defend the agency and the agency's employees during litigation proceedings. The information must remain under seal. The information is not a public document, is exempt from disclosure, except by court order, and is not subject to an order for destruction of arrest records.
(2) If a request is made to inspect or obtain the incident reports pursuant to the South Carolina Freedom of Information Act, the law enforcement agency shall redact the name of the person whose record is expunged and other information which specifically identifies the person from copies of the reports provided to the person or entity making the request.
(3) If a person other than the person whose record is expunged is charged with the offense, a prosecution agency may provide the attorney representing the other person with unredacted incident and supplemental reports. The attorney shall not provide copies of the reports to a person or entity nor share the contents of the reports with a person or entity, except during judicial proceedings or as allowed by court order.
(4) A person who intentionally violates this subsection is guilty of a misdemeanor, and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both.
(5) Nothing in this subsection prohibits evidence gathered or information contained in incident reports or investigation and prosecution files from being used for the investigation and prosecution of a criminal case or for the defense of a law enforcement or prosecution agency or agency employee.
(B)(D) A municipal, county, or state agency may not collect a fee for the destruction of records pursuant to the provisions of this section.
(C)(E)(1) This section does not apply to a person who is charged with a violation of Title 50, Title 56, an enactment pursuant to the authority of counties and municipalities provided in Titles 4 and 5, or any other state criminal offense, if the person is not fingerprinted for the violation.
(D)(2) If a charge enumerated in subsection (C) item (1) is discharged, proceedings against the person are dismissed, or the person is found not guilty of the charge, and the person's record is expunged pursuant to Title 17, Chapter 22, Article 9, the charge must be removed from any Internet-based public record no later than thirty days from the disposition date.
(E)(F) The State Law Enforcement Division is authorized to promulgate regulations that allow for the electronic transmission of information pursuant to this section.
(G) Unless there is an act of gross negligence or intentional misconduct, nothing in this section gives rise to a claim for damages against the State, a state employee, a political subdivision of the State,
an employee of a political subdivision of the State, a public officer, or other persons." /
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
The question then was second reading of the Bill, as amended.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Coleman Corbin Courson Cromer Davis Grooms Hayes Hembree Jackson Johnson Kimpson Leatherman Lourie Malloy Martin, Larry Massey Matthews McElveen McGill Nicholson O'Dell Peeler Pinckney Reese Scott Shealy Sheheen Thurmond Turner Verdin Young
Total--0
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 4630 (Word version) -- Reps. Funderburk, Pitts and Weeks: A BILL TO AMEND SECTION 23-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION OR LAPSE
OF THE LAW ENFORCEMENT CERTIFICATION OF AN OFFICER UPON HIS DISCONTINUANCE OF EMPLOYMENT, SO AS TO PROVIDE AN EXEMPTION WHEN THE EMPLOYMENT IS DISCONTINUED BECAUSE OF HIS ABSENCE FROM WORK DUE TO A DISABILITY HE SUSTAINED IN THAT EMPLOYMENT FOR WHICH HE RECEIVES WORKERS' COMPENSATION BENEFITS AND FROM WHICH HE HAS NOT BEEN AUTHORIZED TO RETURN TO WORK WITHOUT RESTRICTION TO REQUIRE HE SATISFY CONTINUING EDUCATION REQUIREMENTS OF THIS PERIOD; AND TO MAKE THESE PROVISIONS RETROACTIVE TO JANUARY 1, 2013.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Coleman Corbin Courson Cromer Davis Grooms Hayes Hembree Jackson Johnson Kimpson Leatherman Lourie Malloy Martin, Larry Massey Matthews McElveen McGill Nicholson O'Dell Peeler Pinckney Reese Scott Shealy Sheheen Thurmond Turner Verdin Young
Total--0
The Bill was read the second time and ordered placed on the Third Reading Calendar.
S. 1307 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO REVISE BOUNDARIES OF EXISTING PRECINCTS AND TO DESIGNATE THE MAP NUMBER ON WHICH THE BOUNDARIES OF LAURENS COUNTY VOTING PRECINCTS AS REVISED BY THIS ACT MAY BE FOUND AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Coleman Corbin Courson Cromer Davis Grooms Hayes Hembree Jackson Johnson Kimpson Leatherman Lourie Malloy Martin, Larry Massey Matthews McElveen McGill Nicholson O'Dell Peeler Pinckney Reese Scott Shealy Sheheen Thurmond Turner Verdin Young
Total--0
The Bill was read the second time and ordered placed on the Third Reading Calendar.
S. 1019 (Word version) -- Senators Cleary, Campbell and Alexander: A SENATE RESOLUTION TO COMMEND AND SUPPORT THE DEMOCRATIZATION EFFORTS OF TAIWAN AND THE NATION'S MEANINGFUL PARTICIPATION IN THE WORLD HEALTH ORGANIZATION, THE INTERNATIONAL CIVIL AVIATION ORGANIZATION, THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE, AND OTHER INTERNATIONAL ORGANIZATIONS, AND TO EXTEND MOST SINCERE BEST WISHES FOR CONTINUED COOPERATION AND SUCCESS.
Senator CLEARY asked unanimous consent to take the Senate Resolution up for immediate consideration.
Senator MATTHEWS objected.
S. 1296 (Word version) -- Senator S. Martin: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF UNITED STATES HIGHWAY 176 AND NEW HOPE CHURCH ROAD IN UNION COUNTY "JOAN BURGESS INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT EACH ENTRANCE OF THIS INTERSECTION THAT CONTAIN THIS DESIGNATION.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3327 (Word version) -- Rep. Parks: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 28 IN MCCORMICK COUNTY STARTING FROM ITS INTERSECTION WITH BREWER ROAD TO ITS INTERSECTION WITH RANDOLPH HAMPTON ROAD "DR. MARTIN LUTHER KING, JR. MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "DR. MARTIN LUTHER KING, JR. MEMORIAL HIGHWAY".
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4388 (Word version) -- Rep. Thayer: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF NORTH HAMILTON STREET IN THE TOWN OF WILLIAMSTON FROM ITS INTERSECTION WITH GREENVILLE DRIVE TO ITS INTERSECTION WITH MINOR STREET "DR. MARTIN LUTHER KING, JR. MEMORIAL DRIVE", AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "DR. MARTIN LUTHER KING, JR. MEMORIAL DRIVE".
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4394 (Word version) -- Rep. Allison: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT APPROPRIATE DEDICATION SIGNS AT THE INTERSECTION OF HIGHWAY 14 AND INTERSTATE HIGHWAY 85 IN GREENVILLE COUNTY THAT CONTAIN THE WORDS "GIBBS CANCER CENTER & RESEARCH INSTITUTE-PELHAM", AND ERECT APPROPRIATE DEDICATION SIGNS AT THE INTERSECTION OF INTERSTATE HIGHWAYS 585 AND 85 IN SPARTANBURG COUNTY THAT CONTAIN THE WORDS "GIBBS CANCER CENTER & RESEARCH INSTITUTE".
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4642 (Word version) -- Reps. Gagnon, Gambrell and Southard: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 72 THAT IS LOCATED WITHIN THE CALHOUN FALLS TOWN LIMITS "CHIEF BILLY HAYNIE MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CHIEF BILLY HAYNIE MEMORIAL HIGHWAY".
The Concurrent Resolution was adopted, ordered returned to the House.
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 adopted, ordered returned to the House.
H. 5228 (Word version) -- Rep. Daning: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAYS 52 AND 78 IN CHARLESTON COUNTY "WILLIAM E. 'BILL' CROSBY INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THE FOUR ENTRANCE POINTS TO THIS INTERCHANGE THAT CONTAIN THE WORDS "WILLIAM E. 'BILL' CROSBY INTERCHANGE".
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3459 (Word version) -- Reps. Sandifer, Bales, J.E. Smith and Erickson: A BILL TO AMEND SECTION 40-2-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, SO AS TO PROVIDE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL DESIGNATE CERTAIN PERSONNEL FOR THE EXCLUSIVE USE OF THE BOARD, TO PROHIBIT THE DEPARTMENT FROM ASSIGNING OTHER WORK TO THESE PERSONNEL WITHOUT APPROVAL OF THE BOARD, AND TO PROVIDE THESE PERSONNEL MAY BE TERMINATED BY THE DIRECTOR OF A MAJORITY OF THE BOARD; TO AMEND SECTION 40-2-30, RELATING TO THE PRACTICE OF ACCOUNTANCY, SO AS TO PROVIDE A CERTIFIED PUBLIC ACCOUNTANT LICENSED BY THE BOARD IS EXEMPT FROM LICENSURE REQUIREMENTS OF PRIVATE SECURITY AND INVESTIGATION AGENCIES; AND TO AMEND SECTION 40-2-70, RELATING TO POWERS AND DUTIES OF THE BOARD, SO AS TO PROVIDE THE BOARD MAY CONDUCT PERIODIC INSPECTIONS OF LICENSEES OR FIRMS; AND TO AMEND SECTION 40-2-80, RELATING TO INVESTIGATIONS OF ALLEGED VIOLATIONS, SO AS TO PROVIDE THE
DEPARTMENT SHALL DIRECT THE INVESTIGATOR ASSIGNED TO THE BOARD TO INVESTIGATE AN ALLEGED VIOLATION TO DETERMINE THE EXISTENCE OF PROBABLE CAUSE MERITING FURTHER PROCEEDINGS.
On motion of Senator MALLOY, the Bill was carried over.
H. 3797 (Word version) -- Reps. Sandifer and Erickson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-165 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE MAY DECLARE A CAPTIVE INSURANCE COMPANY INACTIVE IN CERTAIN CIRCUMSTANCES AND THAT THE DIRECTOR MAY MODIFY THE MINIMUM TAX PREMIUM APPLICABLE TO THE COMPANY DURING INACTIVITY; BY ADDING SECTION 38-90-215 SO AS TO PROVIDE A PROTECTED CELL MAY BE EITHER INCORPORATED OR UNINCORPORATED, AND TO PROVIDE REQUIREMENTS FOR EACH; BY ADDING SECTION 38-90-250 SO AS TO PROVIDE THE DEPARTMENT MUST CONSIDER A LICENSED CAPTIVE INSURANCE COMPANY THAT MEETS THE REQUIREMENTS OF AN INSURER FOR ISSUANCE OF A CERTIFICATE OF AUTHORITY TO ACT AS AN INSURER; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS CONCERNING CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE ADDITIONAL TERMS AND REVISE DEFINITIONS OF CERTAIN EXISTING TERMS; TO AMEND SECTION 38-90-20, AS AMENDED, RELATING TO THE DOCUMENTATION REQUIRED FOR LICENSING CAPTIVE INSURANCE COMPANIES, SO AS TO REMOVE THE REQUIREMENT OF A CERTIFICATE OF GENERAL GOOD ISSUED BY THE DIRECTOR; TO AMEND SECTION 38-90-35, RELATING TO THE CONFIDENTIALITY OF INFORMATION CONCERNING CAPTIVE INSURANCE COMPANIES SUBMITTED TO THE DEPARTMENT OF INSURANCE, SO AS TO REVISE REQUIREMENTS FOR MAKING THE INFORMATION SUBJECT TO DISCOVERY IN A CIVIL ACTION; TO AMEND SECTION 38-90-40, AS AMENDED, RELATING TO CAPITALIZATION REQUIREMENTS, SECURITY REQUIREMENTS, AND RESTRICTIONS ON DIVIDEND PAYMENTS FOR CAPTIVE INSURANCE COMPANIES, SO AS TO REVISE THE FORM OF CAPITAL REQUIRED FOR A CAPTIVE INSURANCE COMPANY THAT IS NOT A
SPONSORED CAPTIVE INSURANCE COMPANY THAT ASSUMES RISK, AND TO REVISE REQUIREMENTS FOR CONTRIBUTIONS TO A CAPTIVE INSURANCE COMPANY INCORPORATED AS A NONPROFIT, AMONG OTHER THINGS; TO AMEND SECTION 38-90-50, AS AMENDED, RELATING TO FREE SURPLUS REQUIREMENTS OF A CAPTIVE INSURANCE COMPANY, SO AS TO REVISE THE FORM OF CAPITAL REQUIRED FOR A CAPTIVE INSURANCE COMPANY THAT IS NOT A SPONSORED CAPTIVE INSURANCE COMPANY THAT ASSUMES RISK; TO AMEND SECTION 38-90-55, AS AMENDED, RELATING TO THE INCORPORATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO DELETE PROVISIONS CONCERNING THE MINIMUM NUMBER AND STATUS OF INCORPORATORS, PREREQUISITES TO TRANSMITTING ARTICLES OF INCORPORATION TO THE SECRETARY OF STATE, AND THE ISSUANCE OF CAPITAL STOCK AT PAR VALUE; TO AMEND SECTION 38-90-60, AS AMENDED, RELATING TO INCORPORATION OPTIONS AND REQUIREMENTS FOR CAPTIVE INSURANCE COMPANIES, SO AS TO REVISE THE AVAILABLE OPTIONS; TO AMEND SECTION 38-90-80, AS AMENDED, RELATING TO INSPECTIONS AND EXAMINATIONS OF CAPTIVE INSURANCE COMPANIES BY THE DEPARTMENT, SO AS TO DELETE REFERENCES TO PURE CAPTIVE INSURANCE COMPANIES AND SPECIAL PURPOSE CAPTIVE INSURANCE COMPANIES; TO AMEND SECTION 38-90-90, AS AMENDED, RELATING TO THE SUSPENSION OR REVOCATION OF A CAPTIVE INSURANCE LICENSE, SO AS TO MAKE A GRAMMATICAL CHANGE; TO AMEND SECTION 38-90-100, AS AMENDED, RELATING TO THE LOANS BY CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE A SPONSORED CAPTIVE INSURANCE COMPANY MAY MAKE LOANS TO ITS PARENT COMPANY IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 38-90-130, AS AMENDED, RELATING THE PROHIBITION AGAINST PARTICIPATION IN PLAN, POOL, ASSOCIATION, GUARANTY, OR INSOLVENCY FUNDS BY CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE CAPTIVE INSURANCE COMPANIES, INCLUDING PURE CAPTIVE INSURANCE COMPANIES, MAY PARTICIPATE IN A POOL FOR THE PURPOSE OF COMMERCIAL RISK SHARING, AMONG OTHER THINGS; TO AMEND SECTION 38-90-180, AS
AMENDED, RELATING TO THE APPLICABILITY OF CERTAIN PROVISIONS RELATING TO INSURANCE, SO AS TO PROVIDE REQUIREMENTS FOR THE NAME OF NEW CAPTIVE INSURANCE COMPANIES, TO PROVIDE CIRCUMSTANCES IN WHICH A SPONSORED CAPTIVE INSURANCE COMPANY MAY ESTABLISH PROTECTED CELLS, INCLUDING REQUIREMENTS FOR A PLAN OF OPERATION, THE ATTRIBUTIONS OF ASSETS AND LIABILITIES BETWEEN A PROTECTED CELL AND THE GENERAL ACCOUNT OF THE SPONSORED CAPTIVE INSURANCE COMPANY, AND ADMINISTRATIVE AND ACCOUNTING PROCEDURES; TO AMEND SECTION 38-90-210, RELATING TO THE SEPARATE ACCOUNTING OF PROTECTED CELLS WHEN ESTABLISHED, SO AS TO REQUIRE THIS ACCOUNTING MUST REFLECT THE PARTICIPANTS OF THE PROTECTED CELL IN ADDITION TO EXISTING REQUIREMENTS; TO AMEND SECTION 38-90-220, AS AMENDED, RELATING TO CERTAIN REQUIREMENTS APPLICABLE TO SPONSORS OF CAPTIVE INSURANCE COMPANIES, SO AS TO REVISE THE REQUIREMENTS; TO AMEND SECTION 38-90-230, AS AMENDED, RELATING TO PARTICIPANTS IN SPONSORED CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT PROTECTED CELLS ASSETS ARE ONLY AVAILABLE TO CREDITORS OF THE SPONSORED CAPTIVE INSURANCE COMPANY AND RELATED REQUIREMENTS, AND TO PROVIDE REQUIREMENTS CONCERNING OBLIGATIONS OF SPONSORED CAPTIVE INSURANCE COMPANIES WITH RESPECT TO PROTECTED CELLS AND ITS GENERAL ACCOUNT; TO AMEND SECTION 38-90-240, RELATING TO THE ELIGIBILITY OF A LICENSED CAPTIVE INSURANCE COMPANY FOR CERTIFICATE OF AUTHORITY TO ACT AS INSURER, SO AS TO DELETE THE EXISTING LANGUAGE AND TO PROVIDE FOR WHO MAY PARTICIPATE IN A SPONSORED CAPTIVE INSURANCE COMPANY AND OBLIGATIONS OF THESE PARTICIPANTS, AND TO PROVIDE SPONSORED CAPTIVE INSURANCE COMPANIES MAY NOT BE USED TO FACILITATE INSURANCE SECURITIZATION TRANSACTIONS; TO AMEND SECTION 38-90-450, AS AMENDED, RELATING TO ORGANIZATION REQUIREMENTS FOR SPECIAL PURPOSE FINANCIAL CAPTIVES, SO AS TO DELETE PROVISIONS CONCERNING THE MINIMUM NUMBER AND STATUS OF INCORPORATORS,
AND PREREQUISITES TO TRANSMITTING ARTICLES OF INCORPORATION TO THE SECRETARY OF STATE; AND TO REPEAL SECTION 38-90-235 RELATING TO TERMS AND CONDITIONS FOR PROTECTED CELL INSURANCE COMPANIES TO APPLY TO SPONSORED CAPTIVE INSURANCE COMPANIES.
On motion of Senator MALLOY, the Bill was carried over.
H. 4803 (Word version) -- Reps. Horne, Erickson, Gilliard, Whipper, D.C. Moss, McCoy, K.R. Crawford, Weeks, Cobb-Hunter and Knight: A BILL TO AMEND ARTICLE 4, CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH ACT OF 1980, SO AS TO ENACT THE "MEDICAL CANNABIS THERAPEUTIC TREATMENT RESEARCH ACT", TO ESTABLISH THE MEDICAL CANNABIS THERAPEUTIC TREATMENT RESEARCH PROGRAM AT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO PROVIDE FOR PATIENTS ELIGIBLE TO PARTICIPATE IN THE PROGRAM, TO PROVIDE WHO AND UNDER WHAT CIRCUMSTANCES MEDICAL CANNABIS CAN BE ADMINISTERED TO A PATIENT, TO PROVIDE FOR NOTICE TO A PARTICIPATING PATIENT THAT THE PATIENT WILL BE PARTICIPATING IN A RESEARCH STUDY AND OF THE EXPERIMENTAL NATURE OF THE MEDICAL CANNABIS PROGRAM, TO PROVIDE FOR THE PROTECTION OF A PARTICIPATING PATIENT'S PERSONAL INFORMATION, TO PROVIDE FOR THE OPERATION OF THE PROGRAM BY THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO PROVIDE REPORTING REQUIREMENTS BY ACADEMIC MEDICAL CENTERS THAT SUPERVISE OR ADMINISTER MEDICAL CANNABIS TREATMENTS, TO PROVIDE CRIMINAL AND CIVIL IMMUNITY FROM STATE ACTIONS OR SUITS ARISING FROM THE PROPER IMPLEMENTATION OF THIS ACT, TO PROVIDE THAT THE STATE SHALL DEFEND STATE EMPLOYEES WHO, IN GOOD FAITH, CARRY OUT THE PROVISIONS OF THIS ACT, AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO COLLABORATE WITH ACADEMIC MEDICAL CENTERS TO ASSIST INTERESTED PATIENTS WITH THE APPLICATION PROCESS TO PARTICIPATE IN EXISTING
UNITED STATES FOOD AND DRUG ADMINISTRATION-APPROVED INVESTIGATIONAL NEW DRUG STUDIES CONCERNING MEDICAL CANNABIS.
On motion of Senator DAVIS, the Bill was carried over.
S. 266 (Word version) -- Senators Gregory, Hayes, Davis, Sheheen, Lourie, Hembree, Fair and Bennett: A JOINT RESOLUTION TO PROVIDE THAT UNTIL JUNE 30, 2016, THE COMMISSION ON HIGHER EDUCATION AND THE PRESIDENTS OF PUBLIC COLLEGES AND UNIVERSITIES SHALL SUPPORT THE EFFORTS OF THE GENERAL ASSEMBLY TO ESTABLISH ACCOUNTABILITY-BASED FUNDING FOR PUBLIC COLLEGES AND UNIVERSITIES.
On motion of Senator LEATHERMAN, the Joint Resolution was carried over.
H. 3014 (Word version) -- Reps. J.E. Smith, Bernstein, M.S. McLeod, McEachern, Weeks, Hart and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 14 SO AS TO ENACT THE "VETERANS TREATMENT COURT PROGRAM ACT", TO REQUIRE THE CREATION AND ADMINISTRATION OF A VETERANS TREATMENT COURT PROGRAM IN EACH JUDICIAL CIRCUIT BY THE ATTORNEY GENERAL, TO PROVIDE FOR THE APPOINTMENT, POWERS, AND DUTIES OF A VETERANS TREATMENT COURT JUDGE, AND TO PROVIDE FOR REQUIREMENTS FOR AN OFFENDER TO QUALIFY FOR ADMISSION TO A VETERANS TREATMENT COURT PROGRAM.
On motion of Senator DAVIS, the Bill was carried over.
H. 3191 (Word version) -- Reps. Cole and Tallon: A BILL TO AMEND SECTIONS 56-5-130 AND 56-5-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERMS "MOTOR VEHICLE" AND "MOTORCYCLE", SO AS TO PROVIDE THAT MOPEDS ARE MOTOR VEHICLES AND NOT MOTORCYCLES.
On motion of Senator SCOTT, the Bill was carried over.
S. 139 (Word version) -- Senators Grooms, L. Martin, Campbell and Rankin: A BILL TO AMEND SECTION 56-5-1535 OF THE 1976 CODE, RELATING TO SPEEDING IN WORK ZONES AND PENALTIES
ASSOCIATED WITH SPEEDING IN WORK ZONES, TO DELETE THIS PROVISION AND PROVIDE A DEFINITION FOR THE TERMS "HIGHWAY WORK ZONE" AND "HIGHWAY WORKER", TO CREATE THE OFFENSES OF "ENDANGERMENT OF A HIGHWAY WORKER" AND "AGGRAVATED ENDANGERMENT OF A HIGHWAY WORKER", AND TO PROVIDE PENALTIES FOR BOTH OFFENSES; TO AMEND SECTION 56-1-720, RELATING TO THE POINT SYSTEM ESTABLISHED FOR THE EVALUATION OF THE DRIVING RECORD OF PERSONS OPERATING MOTOR VEHICLES, TO PROVIDE THAT "ENDANGERMENT OF A HIGHWAY WORKER" AND "AGGRAVATED ENDANGERMENT OF A HIGHWAY WORKER" ARE TWO POINT VIOLATIONS; AND TO REPEAL SECTION 56-5-1536 RELATING TO DRIVING IN TEMPORARY WORK ZONES AND PENALTIES FOR UNLAWFUL DRIVING IN TEMPORARY WORK ZONES.
On motion of Senator MALLOY, the Bill was carried over.
H. 5159 (Word version) -- Rep. Delleney: A BILL TO AMEND SECTION 7-7-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN CHESTER COUNTY, SO AS TO CONSOLIDATE CERTAIN PRECINCTS, AND TO DESIGNATE 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.
On motion of Senator VERDIN, the Bill was carried over.
H. 4354 (Word version) -- Reps. Harrell, Cobb-Hunter, G.M. Smith, Long, Douglas, Felder, R.L. Brown and Goldfinch: A BILL TO AMEND SECTION 44-115-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A PATIENT TO RECEIVE A COPY OF HIS MEDICAL RECORD OR HAVE IT TRANSFERRED TO ANOTHER PHYSICIAN, SO AS TO PROVIDE THE PATIENT MAY CHOOSE TO RECEIVE THE RECORD EITHER AS A PHOTOCOPY REPRODUCTION OR IN AN ELECTRONIC FORMAT STORED ON DIGITAL MEDIA; AND TO AMEND SECTION 44-115-80, RELATING TO FEES PHYSICIANS MAY CHARGE TO SEARCH AND DUPLICATE A MEDICAL RECORD, SO AS TO SPECIFY WHAT FEES MAY BE CHARGED FOR A PHOTOCOPY REPRODUCTION AND FOR AN ELECTRONIC
REPRODUCTION, AND TO PROVIDE AN EXEMPTION FROM FEES FOR REPRODUCTIONS REQUESTED TO SATISFY A REQUIREMENT OF AN INSURER OR GOVERNMENTAL ENTITY THAT PROVIDES BENEFITS RELATED TO THE MEDICAL NEEDS OF THE PATIENT.
On motion of Senator YOUNG, the Bill was carried over.
H. 4911 (Word version) -- Reps. Bedingfield and Sandifer: A BILL TO AMEND SECTION 38-71-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, SECTION 38-71-1330, AS AMENDED, SECTION 38-71-1360, AND SECTION 38-71-1440, ALL RELATING TO THE SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY ACT, ALL SO AS TO MAKE CHANGES TO REFLECT THE ELIMINATION OF THE SOUTH CAROLINA SMALL EMPLOYER INSURER REINSURANCE PROGRAM; TO PROVIDE THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA SMALL EMPLOYER INSURER REINSURANCE PROGRAM MUST DEVELOP A PLAN TO PHASE OUT AND TERMINATE THAT PROGRAM AND THE PHASE OUT OF COVERAGE IT OFFERS BEFORE JANUARY 1, 2015; AND TO REPEAL SECTIONS 38-71-1380, 38-71-1390, 38-71-1400, 38-71-1410, AND 38-71-1420 ALL RELATING TO THE SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY ACT.
On motion of Senator COLEMAN, the Bill was carried over.
H. 3539 (Word version) -- Reps. Rutherford and Sellers: A BILL TO AMEND SECTION 61-6-4160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF ALCOHOLIC LIQUORS ON CERTAIN DAYS, SO AS TO ALLOW THE SALE OF ALCOHOLIC LIQUORS ON STATEWIDE ELECTION DAYS.
On motion of Senator O'DELL, the Bill was carried over.
H. 3959 (Word version) -- Reps. Kennedy, Quinn, Spires, Huggins, Atwater, Bingham, Delleney, Felder, Finlay, D.C. Moss, Norman, Pope, Sellers, Simrill, Tallon, Weeks, Wood and Whipper: A BILL TO AMEND SECTION 16-15-395, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIRST DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCLUDE THE APPEARANCE OF A MINOR IN A STATE OF SEXUALLY EXPLICIT NUDITY IN THE PURVIEW OF THE OFFENSE; TO
AMEND SECTION 16-15-405, AS AMENDED, RELATING TO SECOND DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCLUDE THE APPEARANCE OF A MINOR IN A STATE OF SEXUALLY EXPLICIT NUDITY IN THE PURVIEW OF THE OFFENSE AND INCREASE THE MAXIMUM PENALTY FROM TEN TO FIFTEEN YEARS; AND TO AMEND SECTION 16-15-410, AS AMENDED, RELATING TO THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCLUDE THE APPEARANCE OF A MINOR IN A STATE OF SEXUALLY EXPLICIT NUDITY IN THE PURVIEW OF THE OFFENSE.
On motion of Senator MASSEY, the Bill was carried over.
H. 4348 (Word version) -- Reps. Lucas, Clemmons, Southard, Douglas, Allison, Taylor, Felder, Loftis, W.J. McLeod, Pitts, D.C. Moss and Bales: A BILL TO AMEND SECTION 63-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, INCLUDING JURISDICTION TO ORDER VISITATION FOR GRANDPARENTS OF MINOR CHILDREN, SO AS TO ELIMINATE CERTAIN PREREQUISITES TO ORDERING VISITATION.
On motion of Senator SHEHEEN, the Bill was carried over.
H. 4399 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 61-6-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN ALCOHOL PERMITS IN THE PROXIMITY OF SCHOOLS, PLAYGROUNDS, AND CHURCHES, SO AS TO ALLOW THE ISSUANCE OF A LICENSE FOR THE ON-PREMISES CONSUMPTION OF ALCOHOLIC LIQUOR IF ALL PLAYGROUNDS AND CHURCHES IN THE PROXIMITY AFFIRMATIVELY STATE THAT THEY DO NOT OBJECT TO THE ISSUANCE.
On motion of Senator O'DELL, the Bill was carried over.
H. 4732 (Word version) -- Reps. J.E. Smith and Clemmons: A BILL TO AMEND SECTIONS 7-11-20, 7-11-25, AND 7-13-15, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, RESPECTIVELY, TO THE CONDUCT BY THE STATE ELECTION COMMISSION OF PARTY CONVENTIONS OR PARTY PRIMARY ELECTIONS, THE AUTHORITY OF POLITICAL PARTIES TO CONDUCT ADVISORY PRIMARY ELECTIONS AT PARTY EXPENSE, AND THE DATE PROVIDED BY LAW FOR HOLDING
PRIMARY ELECTIONS AND THE PRIMARIES NOT SUBJECT TO THAT DATE, SO AS TO DELETE OBSOLETE DATE REFERENCES, TO CLARIFY THE AUTHORITY OF A POLITICAL PARTY TO CONDUCT AN ADVISORY PRIMARY AT PARTY EXPENSE, TO CLARIFY THAT THE DATE OF A PRESIDENTIAL PREFERENCE PRIMARY CONDUCTED BY THE STATE ELECTION COMMISSION MUST BE SET BY THE PARTY RATHER THAN THE GENERAL STATE LAW DATE FOR PRIMARIES AND TO ALLOW THE STATE ELECTION COMMISSION TO CARRY FORWARD ANY YEAR END BALANCES IN ITS FILING FEE AND PRIMARY AND GENERAL ELECTION ACCOUNTS TO THE SUCCEEDING FISCAL YEAR, AND TO PROVIDE THAT THESE CARRIED FORWARD FUNDS MUST BE EXPENDED FOR THE SAME PURPOSE.
On motion of Senator BRIGHT, the Bill was carried over.
H. 5014 (Word version) -- Reps. Willis, Owens and Daning: A BILL TO AMEND SECTION 56-1-2100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COMMERCIAL DRIVER LICENSE, SO AS TO DELETE THE VARIOUS ENDORSEMENTS AND RESTRICTIONS THAT MAY BE ATTACHED TO A COMMERCIAL DRIVER LICENSE, AND THAT ENDORSEMENTS AND RESTRICTIONS MAY BE ADDED TO A COMMERCIAL DRIVER LICENSE AS REQUIRED UNDER THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS.
On motion of Senator RANKIN, the Bill was carried over.
S. 1313 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, RELATING TO APPLICATION FOR ISSUANCE OR RE-ISSUANCE OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4374, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator LARRY MARTIN, the Joint Resolution was carried over.
S. 1314 (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 4350, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator LARRY MARTIN, the Joint Resolution was carried over.
S. 1315 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, RELATING TO REQUIREMENT OF GOOD CHARACTER, DESIGNATED AS REGULATION DOCUMENT NUMBER 4370, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator LARRY MARTIN, the Joint Resolution was carried over.
S. 1316 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, RELATING TO ALLOW E-911 OPERATORS ONE YEAR TO ATTEND TRAINING AT THE ACADEMY, DESIGNATED AS REGULATION DOCUMENT NUMBER 4369, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator LARRY MARTIN, the Joint Resolution was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 4632 (Word version) -- Reps. Stavrinakis, Merrill, McCoy, Daning, Murphy and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-22 SO AS TO DESIGNATE THE UNIVERSITY OF CHARLESTON, SOUTH CAROLINA, AS A RESEARCH INSTITUTION ELIGIBLE TO PARTICIPATE IN THE SOUTH CAROLINA RESEARCH CENTERS OF ECONOMIC EXCELLENCE, TO REQUIRE THE UNIVERSITY SHALL SUBMIT A CORRESPONDING MISSION STATEMENT TO THE COMMISSION ON HIGHER EDUCATION AND THAT THE COMMISSION SHALL APPROVE THE MISSION
STATEMENT PURSUANT TO CERTAIN DEADLINES, TO PROVIDE THE UNIVERSITY SHALL NOT DUPLICATE ANY DEGREE PROGRAMS OFFERED IN THE CHARLESTON REGION, TO PROVIDE THAT THE COLLEGE OF CHARLESTON SHALL REMAIN A FOUR-YEAR LIBERAL ARTS COLLEGE, AND TO PROVIDE THE UNIVERSITY OF CHARLESTON, SOUTH CAROLINA, AND THE COLLEGE OF CHARLESTON MUST EACH BE ESTABLISHED AS SEPARATE BUDGET SECTIONS IN THE ANNUAL APPROPRIATIONS BILL; AND TO AMEND SECTION 59-2-75, RELATING TO THE SOUTH CAROLINA RESEARCH CENTERS OF ECONOMIC EXCELLENCE ACT, SO AS TO ADD THE UNIVERSITY OF CHARLESTON, SOUTH CAROLINA, TO THE SENIOR RESEARCH UNIVERSITIES ELIGIBLE FOR CERTAIN INCENTIVES AND PROVIDED WITH CERTAIN POWERS RELATING TO RAISING CAPITAL FROM THE PRIVATE SECTOR TO FUND CERTAIN ENDOWMENTS RELATED TO RESEARCH, AMONG OTHER THINGS, AND TO PROVIDE THAT THE UNIVERSITY OF CHARLESTON, SOUTH CAROLINA, SHALL NOT DUPLICATE ANY DEGREE PROGRAMS OFFERED IN THE CHARLESTON REGION.
Senator LEATHERMAN made a motion to recall the Bill from the Committee on Education.
Senator COURSON spoke contra to the motion.
Senator MALLOY spoke in favor of the motion.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Campbell Campsen Cleary Cromer Grooms Jackson Johnson Kimpson Leatherman Malloy McElveen McGill Nicholson O'Dell Pinckney
Rankin Reese Scott Thurmond
Bright Bryant Corbin Courson Davis Hayes Lourie Martin, Larry Massey Matthews Peeler Shealy Turner Verdin Young
The Bill was recalled from the Committee on Education and ordered placed on the Calendar for consideration tomorrow.
At 2:10 P.M., on motion of Senator PEELER, the Senate agreed to dispense with the balance of the Motion Period.
HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.
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.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.
The Committee on Judiciary proposed the following amendment (JUD0657.003), which was adopted:
Amend the bill, as and if amended, page 32, by striking lines 9 through 20, and inserting therein the following:
/ SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator MASSEY explained the amendment.
The question then was the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Coleman Corbin Courson Cromer Davis Gregory Grooms Hayes Hembree Jackson Johnson Kimpson Leatherman Lourie Malloy Martin, Larry Massey Matthews McElveen McGill Nicholson O'Dell Peeler Pinckney Rankin Reese Scott Shealy Sheheen Thurmond Turner Verdin Young
Total--0
The amendment was adopted.
The Bill was ordered returned to the House of Representatives with amendments.
On motion of Senator COURSON, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:
Having received a favorable report from the Transportation Committee, the following appointment was taken up for immediate consideration:
Initial Appointment, Secretary of Transportation, with term coterminous with Governor
Janet P. Oakley, 74 Rice Lane, Edisto Beach, SC 29438 VICE Robert Joseph St. Onge, Jr.
On motion of Senator GROOMS, the question was confirmation of Ms. Janet P. Oakley.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Corbin Courson Cromer Davis Grooms Hayes Hembree Jackson Johnson Kimpson Leatherman Lourie Malloy Martin, Larry Massey Matthews McElveen McGill Nicholson Peeler Pinckney Reese Scott Shealy Thurmond Turner Verdin Young
Total--0
The appointment of Ms. Janet P. Oakley was confirmed.
Having received a favorable report from the Labor, Commerce and Industry Committee, the following appointment was taken up for immediate consideration:
Initial Appointment, South Carolina State Board of Cosmetology, with the term to commence March 20, 2014, and to expire March 20, 2018
Cosmetologist:
Eddie L. Jones, 7 Hilltopper Court, Blythewood, SC 29016 VICE Ms. Ruth Settles
On motion of Senator ALEXANDER, the question was confirmation of Mr. Eddie L. Jones.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Corbin Courson Cromer Davis Grooms Hayes Hembree Jackson Johnson Kimpson Leatherman Lourie Malloy Martin, Larry Massey Matthews McElveen McGill Nicholson Peeler Pinckney Reese Scott Shealy Thurmond Turner Verdin Young
Total--0
The appointment of Mr. Eddie L. Jones was confirmed.
Having received a favorable report from the on Labor, Commerce and Industry Committee, the following appointment was taken up for immediate consideration:
Reappointment, Donate Life South Carolina, with the term to commence April 1, 2012, and to expire April 1, 2016
Organ and Tissue Recipient Representative:
Debra A. Yasenka, 243 Belfair Oaks Blvd., Bluffton, SC 29910
On motion of Senator ALEXANDER, the question was confirmation of Debra A. Yasenka.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Corbin Courson Cromer Davis Grooms Hayes Hembree Jackson Johnson Kimpson Leatherman Lourie Malloy Martin, Larry Massey Matthews McElveen McGill Nicholson Peeler Pinckney Reese Scott Shealy Thurmond Turner Verdin Young
Total--0
The appointment of Debra A. Yasenka was confirmed.
Having received a favorable report from the Labor, Commerce and Industry Committee, the following appointment was taken up for immediate consideration:
Initial Appointment, South Carolina Panel for Dietetics, with the term to commence May 30, 2013, and to expire May 30, 2015
General Public:
Michael C. Greene, 2918 Delano Dr., Columbia, SC 29204 VICE Ms. Megan Faulkner
On motion of Senator ALEXANDER, the question was confirmation of Mr. Michael C. Greene.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Corbin Courson Cromer Davis Grooms Hayes Hembree Jackson Johnson Kimpson Leatherman Lourie Malloy Martin, Larry Massey Matthews McElveen McGill Nicholson Peeler Pinckney Reese Scott Shealy Thurmond Turner Verdin Young
Total--0
The appointment of Mr. Michael C. Greene was confirmed.
Having received a favorable report from the Labor, Commerce and Industry Committee, the following appointment was taken up for immediate consideration:
Initial Appointment, South Carolina State Board of Cosmetology, with the term to commence March 31, 2012, and to expire March 31, 2016
Cosmetologist:
Patricia Walters, 809 Michaelmas Ave., Cayce, SC 29033 VICE Ms. Katherine Webb
On motion of Senator ALEXANDER, the question was confirmation of Ms. Patricia Walters.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Corbin Courson Cromer Davis Grooms Hayes Hembree Jackson Johnson Kimpson Leatherman Lourie Malloy Martin, Larry Massey Matthews McElveen McGill Nicholson Peeler Pinckney Reese Scott Shealy Thurmond Turner Verdin Young
Total--0
The appointment of Ms. Patricia Walters was confirmed.
Having received a favorable report from the Labor, Commerce and Industry Committee, the following appointment was taken up for immediate consideration:
Initial Appointment, South Carolina State Board of Barber Examiners, with the term to commence June 30, 2011, and to expire June 30, 2015
Master Barber:
Patricia C. Durkin, 1419 Sumter Street, Columbia, SC 29201 VICE Marion S. Tew
On motion of Senator ALEXANDER, the question was confirmation of Ms. Patricia C. Durkin.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Corbin Courson Cromer Davis Grooms Hayes Hembree Jackson Johnson Kimpson Leatherman Lourie Malloy Martin, Larry Massey Matthews McElveen McGill Nicholson Peeler Pinckney Reese Scott Shealy Thurmond Turner Verdin Young
Total--0
The appointment of Ms. Patricia C. Durkin was confirmed.
Having received a favorable report from the Judiciary Committee, the following appointment was taken up for immediate consideration:
Initial Appointment, South Carolina Crime Victim's Ombudsman, with term coterminous with Governor
Director:
Veronica Swain Kunz, 14 Southpine Court, Columbia, SC 29212 VICE Deborah D. Curtis
On motion of Senator LARRY MARTIN, the question was confirmation of Ms. Veronica S. Kunz.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Corbin Courson Cromer Davis Grooms Hayes Hembree Jackson Johnson Kimpson Leatherman Lourie Malloy Martin, Larry Matthews McElveen McGill Nicholson Peeler Pinckney Reese Scott Shealy Thurmond Turner Verdin Young
Total--0
Massey
The appointment of Ms. Veronica S. Kunz was confirmed.
Having received a favorable report from the Judiciary Committee, the following appointment was taken up for immediate consideration:
Reappointment, South Carolina Foster Care Review Board, with the term to commence June 30, 2014, and to expire June 30, 2018
1st Congressional District:
Charles Frank Koches, 1057 Yeamans Hall Road, Hanahan, SC 29410
On motion of Senator LARRY MARTIN, the question was confirmation of Mr. Charles F. Koches.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Corbin Courson Cromer Davis Grooms Hayes Hembree Jackson Johnson Kimpson Leatherman Lourie Malloy Martin, Larry Massey Matthews McElveen McGill Nicholson Peeler Pinckney Reese Scott Shealy Thurmond Turner Verdin Young
Total--0
The appointment of Mr. Charles F. Koches was confirmed.
Having received a favorable report from the General Committee, the following appointment was taken up for immediate consideration:
Reappointment, South Carolina Department of Vocational Rehabilitation, with the term to commence June 30, 2008, and to expire June 30, 2015
2nd Congressional District:
Rhonda J. Presha, 92 Westridge Road, Elgin, SC 29045
On motion of Senator O'DELL, the question was confirmation of Ms. Rhonda J. Presha.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Corbin Courson Cromer Davis Grooms Hayes Hembree Jackson Johnson Kimpson Leatherman Lourie Malloy Martin, Larry Massey Matthews McElveen McGill Nicholson Peeler Pinckney Reese Scott Shealy Thurmond Turner Verdin Young
Total--0
The appointment of Ms. Rhonda J. Presha was confirmed.
Having received a favorable report from the General Committee, the following appointment was taken up for immediate consideration:
Initial Appointment, South Carolina State Agency of Vocational Rehabilitation, with the term to commence May 15, 2007, and to expire May 15, 2014
4th Congressional District:
Dr. Roxzanne B. Breland, 11 Weatherby Ct., Greenville, SC 29615
On motion of Senator O'DELL, the question was confirmation of Dr. Roxzanne B. Breland.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Corbin Courson Cromer Davis Grooms Hayes Hembree Jackson Johnson Kimpson Leatherman Lourie Malloy Martin, Larry Massey Matthews McElveen McGill Nicholson Peeler Pinckney Reese Scott Shealy Thurmond Turner Verdin Young
Total--0
The appointment of Dr. Roxzanne B. Breland was confirmed.
Having received a favorable report from the General Committee, the following appointment was taken up for immediate consideration:
Reappointment, South Carolina Department of Vocational Rehabilitation, with the term to commence May 14, 2014, and to expire May 14, 2021
4th Congressional District:
Dr. Roxzanne B. Breland, 11 Weatherby Ct., Greenville, SC 29615
On motion of Senator O'DELL, the question was confirmation of Dr. Roxzanne B. Breland.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Corbin Courson Cromer Davis Grooms Hayes Hembree Jackson Johnson Kimpson Leatherman Lourie Malloy Martin, Larry Massey Matthews McElveen McGill Nicholson Peeler Pinckney Reese Scott Shealy Thurmond Turner Verdin Young
Total--0
The appointment of Dr. Roxzanne B. Breland was confirmed.
Having received a favorable report from the General Committee, the following appointment was taken up for immediate consideration:
Reappointment, South Carolina State Agency of Vocational Rehabilitation, with the term to commence March 15, 2012, and to expire March 15, 2019
5th Congressional District:
Derle Alden Lowder Sr., 107 Adams Ave., Sumter, SC 29150
On motion of Senator O'DELL, the question was confirmation of Derle Alden Lowder Sr.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Corbin Courson Cromer Davis Grooms Hayes Hembree Jackson Johnson Kimpson Leatherman Lourie Malloy Martin, Larry Massey Matthews McElveen McGill Nicholson Peeler Pinckney Reese Scott Shealy Thurmond Turner Verdin Young
Total--0
The appointment of Derle Alden Lowder Sr. was confirmed.
Having received a favorable report from the General Committee, the following appointment was taken up for immediate consideration:
Initial Appointment, Board of Trustees for the Veterans' Trust Fund of South Carolina, with term coterminous with Governor
At-Large:
Rufus Bernard Chapman, Jr., 8 Fallen Leaf Court, Columbia, SC 29229
On motion of Senator O'DELL, the question was confirmation of Mr. Rufus Bernard Chapman, Jr.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Corbin Courson Cromer Davis
Grooms Hayes Hembree Jackson Johnson Kimpson Leatherman Lourie Malloy Martin, Larry Massey Matthews McElveen McGill Nicholson Peeler Pinckney Reese Scott Shealy Thurmond Turner Verdin Young
Total--0
The appointment of Mr. Rufus Bernard Chapman, Jr. was confirmed.
Having received a favorable report from the General Committee, the following appointment was taken up for immediate consideration:
Initial Appointment, Board of Trustees for the Veterans' Trust Fund of South Carolina, with term coterminous with Governor
At-Large:
Valerie A. Brunson, 4015 Nazarena Church Rd., Sumter, SC 29154 VICE none
On motion of Senator O'DELL, the question was confirmation of Ms. Valerie A. Brunson.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Bright Bryant Campbell Campsen Cleary Corbin Courson Cromer Davis Grooms Hayes Hembree Jackson Johnson Kimpson Leatherman Lourie Malloy Martin, Larry Massey Matthews McElveen McGill Nicholson
Peeler Pinckney Reese Scott Shealy Thurmond Turner Verdin Young
Total--0
The appointment of Ms. Valerie A. Brunson was confirmed.
Having received a favorable report from the Senate, the following appointments were confirmed in open session:
Reappointment, Horry County Board of Voter Registration, with the term to commence March 15, 2014, and to expire March 15, 2016
At-Large:
Geneva S. Phillips, 8373 Ole Moore Dr., Conway, SC 29527
Reappointment, Charleston Naval Facilities Redevelopment Authority, with the term to commence April 24, 2013, and to expire April 24, 2017
Charleston County:
David Allen Coker, 5001 Coliseum Dr., North Charleston, SC 29418
Reappointment, Charleston Naval Facilities Redevelopment Authority, with the term to commence April 24, 2013, and to expire April 24, 2017
Berkeley County:
Ron Anderson, 100 Speightstown Court, Goose Creek, SC 29445
Reappointment, Horry County Board of Voter Registration, with the term to commence March 15, 2014, and to expire March 15, 2016
At-Large:
Larry R. Leagans, 1317 Prince William Rd., North Myrtle Beach, SC 29582
Senator CLEARY rose for an Expression of Personal Interest.
On motion of Senator COURSON, the Senate agreed to stand adjourned.
On motion of Senators LARRY MARTIN and ALEXANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Sybil B. Webb of Clemson, S.C. Ms. Webb is the wife of former South Carolina Representative Dr. Byron "Bud" Webb. Sybil was a homemaker who enjoyed reading and spending time with her family. She was a member of Chapel United Methodist Church. Sybil was a loving wife, devoted mother and doting grandmother who will be dearly missed.
On motion of Senators HAYES and PEELER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Bernard C. Thomas of Rock Hill, S.C. Bernard was a graduate of Clemson University and worked with Madison Insurance Group. He was a member of Oakland Presbyterian Church, was past president of Rock Hill Rotary Club, member of York County Clemson Club and past president and board member of Family Promise of York County. Mr. Thomas enjoyed gardening and was an avid Clemson fan. Bernard was a loving husband and devoted father who will be dearly missed.
At 2:56 P.M., on motion of Senator COURSON, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
Senators BRIGHT, BRYANT and CROMER desired to be recorded as voting against the motion to adjourn.
This web page was last updated on Thursday, December 18, 2014 at 4:32 P.M.