South Carolina General Assembly
121st Session, 2015-2016
Journal of the House of Representatives


Printed Page 1579 . . . . . Thursday, March 5, 2015

Thursday, March 5, 2015
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Psalm 118:26: "We bless you from the house of the Lord."

Let us pray. Freshen us each morning, Heavenly Father, with the reality of Your unchanging love. Grant Your blessings upon these Representatives and staff as they continue to work in accomplishing those ideals which make this State great. Bless their efforts. Continue Your blessings upon those who lead our Nation and State. Provide for them every needful thing. Protect our defenders of freedom at home and abroad as they protect us. Heal the wounds, those seen and those hidden, of our brave warriors who suffer and sacrifice for our freedom. Lord, in Your mercy, hear our prayers. Amen.

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

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

MOTION ADOPTED

Rep. WILLIS moved that when the House adjourns, it adjourn in memory of Rodell Williams, which was agreed to.

SPEAKER PRO TEMPORE IN CHAIR

HOUSE RESOLUTION

The following was introduced:

H. 3777 (Word version) -- Rep. Allison: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR HOPE HARVARD FOR HER EXCEPTIONAL POISE,


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TALENT, AND BEAUTY AND TO CONGRATULATE HER FOR BEING NAMED MISS SOUTH CAROLINA TEEN FOR 2014.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3778 (Word version) -- Reps. Allison, Alexander, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR LANIE HUDSON FOR HER EXCEPTIONAL POISE, TALENT, AND BEAUTY AND TO CONGRATULATE HER FOR BEING NAMED MISS SOUTH CAROLINA.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3779 (Word version) -- Reps. Goldfinch, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas,


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Duckworth, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Govan, Hamilton, Hardee, Hardwick, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND SHEA THOMAS OF GEORGETOWN COUNTY FOR HER OUTSTANDING COMMUNITY SERVICE AND TO CONGRATULATE HER UPON BEING NAMED A 2015 PRUDENTIAL SPIRIT OF COMMUNITY AWARD DISTINGUISHED FINALIST.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3780 (Word version) -- Reps. Bernstein, Finlay, J. E. Smith, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White,


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Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE HAMMOND SCHOOL BOYS VARSITY BASKETBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2015 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3781 (Word version) -- Reps. Bernstein, Finlay and J. E. Smith: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE HAMMOND SCHOOL BOYS VARSITY BASKETBALL TEAM OF RICHLAND COUNTY WITH THE TEAM COACHES AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2015 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Hammond School boys varsity basketball team of Richland County with the team coaches and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2015 South Carolina Independent School Association Class AAA State Championship title.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3782 (Word version) -- Reps. Henegan, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein,


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Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Hart, Hayes, Henderson, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE JAMES FAMILY FOR ITS EXEMPLARY CITIZENSHIP IN SOUTH CAROLINA'S PEE DEE REGION SINCE THE LATE NINETEENTH CENTURY AND TO WISH THE FAMILY MUCH SUCCESS AND HAPPINESS IN THE DAYS TO COME.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3783 (Word version) -- Reps. Cole, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith,


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J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO CONGRATULATE RUBY IVEY HENDERSON OF SPARTANBURG COUNTY ON THE OCCASION OF HER NINETIETH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MANY YEARS OF CONTINUED HEALTH AND HAPPINESS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3789 (Word version) -- Reps. Felder, Simrill, Delleney, D. C. Moss, Norman and Pope: A HOUSE RESOLUTION URGING THE CONGRESS OF THE UNITED STATES TO IMPROVE TRANSPORTATION PRODUCTIVITY ON OUR INTERSTATE HIGHWAY SYSTEM AND MODERNIZE TRUCK WEIGHTS FOR THE TWENTY-FIRST CENTURY BY ENACTING PROVISIONS OF THE SAFE AND EFFICIENT TRANSPORTATION ACT OF 2013 WHICH WILL SAFELY INCREASE INTERSTATE TRUCK WEIGHT LIMITS FROM 80,000 POUNDS TO 97,000 POUNDS WITH THE ADDITION OF A SIXTH AXEL.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 509 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE SIXTH ANNUAL SOUTH CAROLINA EMS MEMORIAL BIKE RIDE TO HONOR THOSE WHO HAVE GIVEN OF THEMSELVES WHILE RENDERING AID TO THE CITIZENS OF SOUTH CAROLINA.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.


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CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 516 (Word version) -- Senator Williams: A CONCURRENT RESOLUTION TO CONGRATULATE THE REVEREND DR. ALVIN COSTELLO ROBINSON ON HIS FORTIETH PASTORAL ANNIVERSARY AT PLEASANT GROVE MISSIONARY BAPTIST CHURCH ON APRIL 11, 2015, AND TO WISH HIM CONTINUED HAPPINESS IN HIS SERVICE TO THE PEOPLE OF HIS COMMUNITY.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

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

H. 3784 (Word version) -- Reps. Erickson, Herbkersman, Hodges and Bowers: A BILL TO AMEND SECTION 9-8-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO INCLUDE MASTERS-IN-EQUITY IN THE DEFINITION OF "JUDGE"; AND TO AMEND SECTION 9-8-40, AS AMENDED, RELATING TO MEMBERSHIP IN THE SYSTEM, SO AS TO ALLOW MASTERS-IN-EQUITY SERVING ON JULY 1, 2015, TO ELECT TO BECOME A MEMBER.
Referred to Committee on Judiciary

H. 3785 (Word version) -- Reps. Sandifer and Mack: A BILL TO AMEND CHAPTER 37, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE CORPORATIONS ARE ORGANIZED, REGULATED, AND PERMITTED TO OPERATE.
Referred to Committee on Labor, Commerce and Industry

H. 3786 (Word version) -- Reps. Limehouse, Sottile, Kirby, Spires, Kennedy, Gilliard, Mack and Whipper: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS FOR CERTAIN SPECIES OF FISH,


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SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TAKE OR POSSESS A TIGER SHARK (GALEOCERDO CUVIER) AND TO PROVIDE THAT A TIGER SHARK THAT IS CAUGHT MUST BE RELEASED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3787 (Word version) -- Reps. King, Felder, Nanney and Pope: A JOINT RESOLUTION TO PROVIDE FOR THE WAIVER OF TWO OR FEWER DAYS THAT SCHOOLS IN YORK COUNTY CLOSED IN FEBRUARY 2015 DUE TO INCLEMENT WEATHER FROM THE STATUTORY REQUIREMENT THAT SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP, AND TO PROVIDE THAT THIS REQUIREMENT DOES NOT APPLY TO TIME MISSED DUE TO INCLEMENT WEATHER FROM THESE STORMS.
On motion of Rep. KING, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3788 (Word version) -- Reps. Funderburk, Taylor, McKnight, Simrill, Burns, Gilliard, Corley, Douglas, Kirby, McCoy, Bales, Atwater, Alexander, McEachern, Jefferson, Spires, Anthony, G. A. Brown, Henegan, Anderson, Bernstein, Bingham, Clemmons, Clyburn, Goldfinch, Hardwick, Hixon, Hodges, Hosey, Limehouse, Long, D. C. Moss, V. S. Moss, Murphy, Norrell, Quinn, Ridgeway, Sandifer, Stringer, Toole, Weeks and Wells: A BILL TO AMEND SECTION 56-28-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS REGARDING THE ENFORCEMENT OF MOTOR VEHICLE EXPRESS WARRANTIES, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "MOTOR VEHICLE" AND A "NEW MOTOR VEHICLE".
Referred to Committee on Labor, Commerce and Industry

ROLL CALL

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

Alexander              Allison                Anderson
Anthony                Atwater                Bales
Ballentine             Bamberg                Bingham
Bowers                 Bradley                R. L. Brown
Burns                  Chumley                Clary


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Clemmons               Clyburn                Cobb-Hunter
Cole                   Collins                Corley
Crosby                 Delleney               Dillard
Douglas                Duckworth              Felder
Finlay                 Forrester              Gambrell
George                 Gilliard               Goldfinch
Hamilton               Hardee                 Hardwick
Hart                   Hayes                  Henderson
Henegan                Herbkersman            Hicks
Hill                   Hiott                  Hixon
Hodges                 Hosey                  Howard
Jefferson              Johnson                Kennedy
King                   Kirby                  Knight
Limehouse              Loftis                 Long
Lowe                   Mack                   McEachern
McKnight               M. S. McLeod           Merrill
Mitchell               D. C. Moss             V. S. Moss
Murphy                 Nanney                 Norman
Ott                    Parks                  Pitts
Pope                   Quinn                  Ridgeway
Riley                  Rivers                 Ryhal
Sandifer               G. M. Smith            G. R. Smith
J. E. Smith            Sottile                Southard
Spires                 Tallon                 Thayer
Tinkler                Toole                  Weeks
Wells                  Whipper                White
Willis                 Yow

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, March 5.

Bruce W. Bannister                Eric Bedingfield
Beth Bernstein                    Douglas "Doug" Brannon
Grady Brown                       Heather Crawford
Joe Daning                        Shannon Erickson
Laurie Funderburk                 Jerry Govan
Chip Huggins                      James Lucas
Peter McCoy, Jr.                  Walton J. McLeod
Mandy Powers Norrell              Leon Stavrinakis


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William "Bill" Taylor             William R. "Bill" Whitmire
Joseph Neal

Total Present--114

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. WILLIAMS a leave of absence for the day due to military duty.

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. ROBINSON-SIMPSON a leave of absence for the day due to medical reasons.

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. STRINGER a leave of absence for the day due to medical reasons.

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. M. David Mitchell of Spartanburg was the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. NORMAN presented to the House the South Pointe High School Girls Golf Team, coaches, and other school officials.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:

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


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the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 3014 (Word version)
Date:   ADD:
03/05/15   WHIPPER

CO-SPONSORS ADDED

Bill Number:   H. 3099 (Word version)
Date:   ADD:
03/05/15   WHIPPER and RIVERS

CO-SPONSOR ADDED

Bill Number:   H. 3251 (Word version)
Date:   ADD:
03/05/15   J. E. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3305 (Word version)
Date:   ADD:
03/05/15   BRADLEY

CO-SPONSORS ADDED

Bill Number:   H. 3343 (Word version)
Date:   ADD:
03/05/15   STAVRINAKIS and YOW

CO-SPONSOR ADDED

Bill Number:   H. 3508 (Word version)
Date:   ADD:
03/05/15   HICKS

CO-SPONSOR ADDED

Bill Number:   H. 3545 (Word version)
Date:   ADD:
03/05/15   YOW


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CO-SPONSOR ADDED

Bill Number:   H. 3548 (Word version)
Date:   ADD:
03/05/15   YOW

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:   ADD:
03/05/15   BEDINGFIELD

CO-SPONSOR ADDED

Bill Number:   H. 3774 (Word version)
Date:   ADD:
03/05/15   CROSBY

CO-SPONSOR ADDED

Bill Number:   H. 3577 (Word version)
Date:   ADD:
03/05/15   YOW

CO-SPONSOR ADDED

Bill Number:   H. 3704 (Word version)
Date:   ADD:
03/05/15   YOW

CO-SPONSOR REMOVED

Bill Number:   H. 3490 (Word version)
Date:   REMOVE:
03/05/15   HICKS

CO-SPONSOR REMOVED

Bill Number:   H. 3078 (Word version)
Date:   REMOVE:
03/05/15   HICKS

SPEAKER IN CHAIR

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title of


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each be changed to that of an Act, and that they be enrolled for ratification:

S. 177 (Word version) -- Senators L. Martin, Hembree and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-5-520 SO AS TO PROVIDE A PROCEDURE FOR THE CERTIFICATION OF DOMESTIC AND FOREIGN RECORDS OF REGULARLY CONDUCTED ACTIVITY, OR BUSINESS RECORDS, IN ACCORDANCE WITH FEDERAL RULE 902(11) AND (12).

SENT TO THE SENATE

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

H. 3324 (Word version) -- Reps. J. E. Smith, G. M. Smith, Yow, Hardee, Clemmons, Goldfinch, Hardwick, Johnson, Duckworth, W. J. McLeod and Gilliard: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY STATE AND LOCAL LEVEL VETERANS ISSUES; TO MAKE APPROPRIATE LEGISLATIVE RECOMMENDATIONS FOR IMPROVING THE STRUCTURE, DELIVERY, AND COORDINATION OF VETERANS SERVICES IN SOUTH CAROLINA; AND TO PROVIDE FOR THE COMMITTEE'S MEMBERSHIP, DURATION, AND STAFFING.

H. 3722 (Word version) -- Reps. Lucas, Bingham, Pope, McEachern, Ballentine, Simrill, Funderburk, G. M. Smith, W. J. McLeod, Yow, Knight, Johnson, Clyburn, Duckworth, Clemmons, Stavrinakis, Norrell, M. S. McLeod, Quinn, Southard, Corley, Alexander, Allison, Anderson, Anthony, Bales, Bamberg, Bannister, Bedingfield, Bernstein, Bowers, Bradley, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Cole, Collins, Crosby, Daning, Delleney, Dillard, Douglas, Erickson, Felder, Finlay, Forrester, Gagnon, Gambrell, George, Gilliard, Goldfinch, Hamilton, Hardee, Hardwick, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Kirby, Limehouse, Loftis, Long, Lowe, Mack, McKnight, Merrill, Mitchell, D. C. Moss, Murphy, Nanney, Neal, Newton, Norman, Ott, Parks, Pitts, Putnam, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Sandifer, G. R. Smith, J. E. Smith, Sottile, Spires, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Williams, Willis, Govan,


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Whitmire, H. A. Crawford and Brannon: A BILL TO AMEND SECTION 8-13-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ETHICS COMMISSION AND ITS MEMBERSHIP, SO AS TO RECONSTITUTE THE MEMBERSHIP OF THE COMMISSION EFFECTIVE JULY 1, 2015, TO CONSIST OF FOUR MEMBERS APPOINTED BY THE GOVERNOR, FOUR MEMBERS ELECTED BY THE SUPREME COURT, TWO MEMBERS ELECTED BY THE HOUSE OF REPRESENTATIVES, AND TWO MEMBERS ELECTED BY THE SENATE, RESPECTIVELY, TO PROVIDE FOR THE QUALIFICATIONS OF THESE MEMBERS, TO PROVIDE FOR OFFICERS OF THE COMMISSION, AND TO PROVIDE FOR THE MEMBERS' TERMS OF OFFICE AND MANNER OF THEIR REMOVAL UNDER CERTAIN CONDITIONS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES, POWERS, AND PROCEDURES OF THE STATE ETHICS COMMISSION, SO AS TO REVISE THESE DUTIES, POWERS, AND PROCEDURES INCLUDING PROVISIONS TO VEST WITH THE COMMISSION THE ADDITIONAL RESPONSIBILITY TO INITIATE OR RECEIVE COMPLAINTS AGAINST MEMBERS OF THE GENERAL ASSEMBLY, ITS STAFF, AND CANDIDATES FOR ELECTION TO THE GENERAL ASSEMBLY, TO PROVIDE FOR THE INVESTIGATION AND PROCESSING OF COMPLAINTS AGAINST GENERAL ASSEMBLY MEMBERS, STAFF, AND CANDIDATES PURSUANT TO SPECIFIED PROCEDURES AND FOR THE REFERRAL OF SUBSTANTIVE COMPLAINTS TO THE APPROPRIATE HOUSE OR SENATE ETHICS COMMITTEES FOR DISPOSITION TOGETHER WITH THE ETHICS COMMISSION'S RECOMMENDATION AS TO WHETHER OR NOT THERE IS PROBABLE CAUSE TO BELIEVE A VIOLATION HAS OCCURRED; TO AMEND SECTION 8-13-350, RELATING TO THE ETHICS BROCHURE PROVIDED TO PUBLIC OFFICIALS, PUBLIC MEMBERS, AND PUBLIC EMPLOYEES, SO AS TO DIRECT THE STATE ETHICS COMMISSION TO UPDATE THE BROCHURE'S CONTENTS AND REQUIRE DOCUMENTATION OF ITS RECEIPT BY DESIGNATED INDIVIDUALS; TO AMEND SECTIONS 8-13-530 AND 8-13-540, BOTH AS AMENDED, RELATING TO THE DUTIES, FUNCTIONS, AND PROCEDURES OF THE HOUSE AND SENATE ETHICS COMMITTEES, SO AS TO REVISE THESE DUTIES, FUNCTIONS, AND PROCEDURES IN ORDER TO BE CONSISTENT WITH THE ABOVE PROVISIONS


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AND TO MAKE OTHER CHANGES; BY ADDING SECTION 8-13-545 SO AS TO AUTHORIZE THE HOUSE OR SENATE ETHICS COMMITTEES TO ISSUE FORMAL ADVISORY OPINIONS AND PROVIDE FOR THEIR EFFECT AND APPLICABILITY; AND BY ADDING ARTICLE 6 TO CHAPTER 13, TITLE 8 SO AS TO CREATE A COMMISSION ON JUDICIAL CONDUCT, AND TO PROVIDE FOR ITS JURISDICTION, COMPOSITION, POWERS, DUTIES, AND RESPONSIBILITIES; BY ADDING CHAPTER 28 TO TITLE 16 ENTITLED "ETHICS, CRIMINAL PENALTIES" SO AS TO INCORPORATE BY REFERENCE THE DEFINITIONS CONTAINED IN SECTIONS 8-13-100 AND 8-13-1300, TO MOVE CERTAIN LANGUAGE RELATING TO ETHICS VIOLATIONS AND CRIMINAL PENALTIES FOR A VIOLATION, AND TO CREATE SIMILAR OFFENSES CONTAINED IN CHAPTER 28, TITLE 16 WITH REVISIONS; TO AMEND SECTION 8-13-780, AS AMENDED, RELATING TO REMEDIES FOR BREACHES OF ETHICAL STANDARDS BY PUBLIC OFFICIALS, MEMBERS, OR EMPLOYEES, SO AS TO REVISE AND EXPAND THE REMEDIES FOR A BREACH OF CERTAIN ETHICAL STANDARDS; TO AMEND SECTION 8-13-790, AS AMENDED, RELATING TO RECOVERY OF AMOUNTS RECEIVED BY OFFICIALS OR EMPLOYEES IN BREACH OF ETHIC STANDARDS, SO AS TO DELETE THE REFERENCE TO REGULATIONS; TO AMEND SECTION 8-13-1510, AS AMENDED, RELATING TO CIVIL AND CRIMINAL PENALTIES FOR THE LATE FILING OF OR FAILURE TO FILE A REQUIRED ETHICS REPORT OR STATEMENT, SO AS TO DELETE THE CRIMINAL PENALTIES AFTER THE MAXIMUM CIVIL PENALTY HAS BEEN LEVIED; BY ADDING SECTION 8-13-1515 SO AS TO CREATE THE NEW OFFENSE OF WILFUL FAILURE TO FILE A REQUIRED STATEMENT OR REPORT IN AN EFFORT TO CONCEAL A VIOLATION OF THE ETHICS CHAPTER AND TO PROVIDE A PENALTY; TO AMEND SECTION 8-13-1520, AS AMENDED, RELATING TO VIOLATIONS OF CHAPTER 13, TITLE 8, SO AS TO MAKE PROVISIONS FOR WILFUL VIOLATIONS; BY ADDING SECTION 8-13-1525 SO AS TO REVISE AND EXPAND THE REMEDIES FOR A VIOLATION OF CERTAIN ETHICAL STANDARDS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES, POWERS, AND PROCEDURES OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR THE ASSESSMENT OF CIVIL PENALTIES; TO AMEND SECTION 2-17-140, RELATING TO THE PENALTIES


Printed Page 1594 . . . . . Thursday, March 5, 2015

FOR WILFULLY FILING A GROUNDLESS COMPLAINT, SO AS TO PROVIDE THAT A CIVIL PENALTY MAY BE ASSESSED IN ADDITION TO A CRIMINAL PENALTY; TO AMEND SECTION 8-13-1120, AS AMENDED, RELATING TO CONTENTS OF STATEMENTS OF ECONOMIC INTERESTS, SO AS TO REVISE THE FORM AND REQUIRED CONTENTS OF STATEMENTS OF ECONOMIC INTERESTS; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO CAMPAIGN PRACTICES, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 8-13-1314, AS AMENDED, RELATING TO CAMPAIGN CONTRIBUTION LIMITS AND RESTRICTIONS, SO AS TO PROHIBIT CONTRIBUTIONS FROM CERTAIN NONCANDIDATE COMMITTEES; TO AMEND SECTION 8-13-1340, AS AMENDED, RELATING TO RESTRICTIONS ON CONTRIBUTIONS BY ONE CANDIDATE TO ANOTHER AND COMMITTEES ESTABLISHED, FINANCED, MAINTAINED, OR CONTROLLED BY A CANDIDATE, SO AS TO DELETE THE CONTRIBUTION RESTRICTION EXCEPTION FOR CERTAIN TYPES OF COMMITTEES; BY ADDING SECTION 8-13-1313 SO AS TO REQUIRE A PERSON WHO IS NOT A COMMITTEE AND WHO MAKES AN INDEPENDENT EXPENDITURE IN AN AGGREGATE AMOUNT OR VALUE IN EXCESS OF FIVE HUNDRED DOLLARS DURING A CALENDAR YEAR OR MAKES AN ELECTIONEERING COMMUNICATION TO FILE A REPORT OF SUCH EXPENDITURE OR COMMUNICATION WITH THE STATE ETHICS COMMISSION; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO CAMPAIGN PRACTICES, SO AS TO DEFINE "ELECTIONEERING COMMUNICATION"; TO AMEND SECTION 8-13-1320, RELATING TO THE ATTRIBUTION OF CAMPAIGN CONTRIBUTIONS TO SPECIFIC TYPES OF ELECTIONS, SO AS TO REVISE THE MANNER IN WHICH CAMPAIGN CONTRIBUTIONS ARE ATTRIBUTED TO A PRIMARY ELECTION AND TO A PRIMARY ELECTION RUNOFF; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO THE DEFINITIONS OF "CANDIDATE" FOR PURPOSES OF THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO SPECIFY THAT A "CANDIDATE" IS ALSO A PERSON THAT MAINTAINS AN OPEN BANK ACCOUNT CONTAINING CONTRIBUTIONS; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO THE DEFINITIONS OF


Printed Page 1595 . . . . . Thursday, March 5, 2015

"CANDIDATE" FOR PURPOSES OF THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO SPECIFY THAT A "CANDIDATE" IS ALSO A PERSON THAT MAINTAINS AN OPEN BANK ACCOUNT CONTAINING CONTRIBUTIONS; TO AMEND SECTION 8-13-1302, AS AMENDED, RELATING TO THE MAINTENANCE OF RECORDS OF CONTRIBUTIONS, SO AS TO AUTHORIZE THE APPROPRIATE SUPERVISORY OFFICE TO REQUEST IN WRITING THE DISCLOSURE OF CERTAIN MANDATORY RECORDS FOR THE PURPOSE OF VERIFYING CAMPAIGN DISCLOSURE FORMS; TO AMEND SECTION 2-17-90, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, SO AS TO DELETE THE SPECIFIC AUTHORIZATION FOR AMERICAN LEGISLATIVE EXCHANGE COUNCIL CONVENTIONS AND CONFERENCES; TO AMEND SECTION 8-13-1348, AS AMENDED, RELATING TO THE USE OF CAMPAIGN FUNDS FOR PERSONAL EXPENSES, SO AS TO CLARIFY THE TYPE OF PROHIBITED EXPENSES; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE CONTENTS OF CERTIFIED CAMPAIGN REPORTS OF CANDIDATES AND COMMITTEES, SO AS TO REQUIRE A CAMPAIGN REPORT TO BE FILED SEVENTY-TWO HOURS BEFORE AN ELECTION SHOWING CONTRIBUTIONS OF MORE THAN ONE HUNDRED DOLLARS AND EXPENDITURES TO OR BY THE CANDIDATE OR COMMITTEE FOR THE PERIOD COMMENCING AT LEAST TWENTY DAYS BEFORE THE ELECTION AND ENDING SEVENTY-TWO HOURS BEFORE THE ELECTION; TO AMEND SECTION 8-13-1318, RELATING TO THE ACCEPTANCE OF CONTRIBUTIONS TO RETIRE CAMPAIGN DEBT, SO AS TO REQUIRE THAT CONTRIBUTIONS RECEIVED PURSUANT TO THIS SECTION MUST BE USED FOR THE SOLE PURPOSE OF RETIRING CAMPAIGN DEBT; BY ADDING SECTION 8-13-756 SO AS TO PROVIDE THAT CERTAIN PROVISIONS PERTAINING TO USE OF OFFICIAL POSITION OR OFFICE FOR FINANCIAL GAIN, REPORTING OF PARTICULAR GIFTS, RESTRICTIONS ON FUTURE EMPLOYMENT AND RELATED PROVISIONS, DO NOT APPLY TO A PUBLIC EMPLOYEE OF AN INSTITUTION OF HIGHER EDUCATION WHO PARTICIPATES IN THE DEVELOPMENT OF INTELLECTUAL PROPERTY THAT BENEFITS THE INSTITUTION AND THE STATE OF SOUTH CAROLINA, IF THE INSTITUTION OF HIGHER EDUCATION RETAINS SOME


Printed Page 1596 . . . . . Thursday, March 5, 2015

ROYALTY RIGHTS TO THE INTELLECTUAL PROPERTY; BY ADDING SECTION 8-27-05 SO AS TO ENTITLE CHAPTER 27 THE "SOUTH CAROLINA WHISTLEBLOWER AND PUBLIC EMPLOYEE PROTECTION ACT"; TO AMEND SECTION 8-27-20, AS AMENDED, RELATING TO REWARDS FOR REPORTS RESULTING IN SAVINGS, SO AS TO ELIMINATE THE TWO THOUSAND DOLLAR CAP ON REWARDS; TO AMEND SECTION 8-27-30, AS AMENDED, RELATING TO CIVIL ACTIONS AGAINST AN EMPLOYING PUBLIC BODY FOR RETALIATION AGAINST AN EMPLOYEE WHO REPORTS A VIOLATION OF STATE OR FEDERAL LAW OR REGULATION, SO AS TO REMOVE THE ONE-YEAR LIMITATION ON THE PERIOD DURING WHICH THE EMPLOYEE IS PROTECTED FROM ADVERSE EMPLOYMENT ACTIONS, AND TO PROVIDE FOR ADDITIONAL REMEDIES; AND TO REPEAL SECTIONS 8-13-705, 8-13-720, 8-13-725, 8-13-750, 8-13-755, AND 8-13-760 ALL RELATING TO ETHICS RULES OF CONDUCT.

H. 3751 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - STATE ATHLETIC COMMISSION, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4500, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3752 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF DENTISTRY, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4502, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3753 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO FEES [AND FEE SCHEDULE], DESIGNATED AS REGULATION DOCUMENT


Printed Page 1597 . . . . . Thursday, March 5, 2015

NUMBER 4507, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3754 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF MEDICAL EXAMINERS, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4509, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3755 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF NURSING, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4510, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3756 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF EXAMINERS IN OPTICIANRY, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4511, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3757 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF PHYSICAL THERAPY EXAMINERS, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4512, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3758 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF PODIATRY EXAMINERS, RELATING TO FEES, DESIGNATED AS REGULATION


Printed Page 1598 . . . . . Thursday, March 5, 2015

DOCUMENT NUMBER 4513, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3759 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF EXAMINERS FOR LICENSURE OF PROFESSIONAL COUNSELORS, MARRIAGE AND FAMILY THERAPISTS, AND PSYCHO-EDUCATIONAL SPECIALISTS, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4514, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3760 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF EXAMINERS IN PSYCHOLOGY, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4515, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3761 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING DAY CARE FACILITIES FOR ADULTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4498, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

RETURNED TO THE SENATE WITH AMENDMENTS

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

S. 196 (Word version) -- Senators Hutto, L. Martin, Bryant, Campsen, S. Martin and Lourie: A BILL TO AMEND SECTION 14-7-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM AND LEGISLATIVE FINDINGS AND APPLICABILITY, SO AS TO INCLUDE CRIMES INVOLVING TRAFFICKING PERSONS IN THE PURVIEW OF THE STATUTE; TO AMEND SECTION 14-7-1630, AS AMENDED,


Printed Page 1599 . . . . . Thursday, March 5, 2015

RELATING TO JURISDICTION OF THE STATE GRAND JURY, SO AS TO INCLUDE CRIMES INVOLVING TRAFFICKING IN PERSONS IN THE PURVIEW OF THE STATUTE; TO AMEND SECTION 16-3-2010, RELATING TO DEFINITIONS FOR PURPOSES OF TRAFFICKING IN PERSONS, SO AS TO REVISE THE DEFINITION OF "SEX TRAFFICKING"; BY ADDING SECTION 16-3-2100 SO AS TO REQUIRE THE POSTING OF INFORMATION REGARDING THE NATIONAL HUMAN TRAFFICKING RESOURCE CENTER HOTLINE IN CERTAIN BUSINESS ESTABLISHMENTS, PROVIDE LANGUAGE FOR THE POSTING, AND PROVIDE A PENALTY FOR THE FAILURE TO POST THE INFORMATION; AND TO AMEND SECTION 16-3-2050, RELATING TO THE INTERAGENCY TASK FORCE FOR THE PREVENTION OF TRAFFICKING IN PERSONS, SO AS TO REVISE THE MEMBERSHIP OF THE TASK FORCE.

H. 3251--DEBATE ADJOURNED

The following Bill was taken up:

H. 3251 (Word version) -- Reps. G. M. Smith and G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-310 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH THE MATERNAL MORBIDITY AND MORTALITY REVIEW COMMITTEE TO REVIEW AND STUDY MATERNAL DEATHS AND TO REPORT THE FINDINGS TO THE GENERAL ASSEMBLY.

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

MOTION ADOPTED

Rep. WHITE moved that H. 3701, the General Appropriation Bill for Fiscal Year 2015-2016, be set for Special Order on Monday, March 9, 2015, immediately after roll call and after roll call every day thereafter, and continue each day until given second reading, which was agreed to.

MOTION ADOPTED

Rep. WHITE moved that while debating H. 3701 on second reading that the Bills on the Calendar be printed by number only, which was agreed to.


Printed Page 1600 . . . . . Thursday, March 5, 2015

MOTION ADOPTED

Rep. WHITE moved that when the House adjourns today that it adjourn to meet in Local Session tomorrow, Friday, March 6, 2015, and then convene in Statewide Session at 1:00 p.m., Monday, March 9, 2015, which was agreed to.

MOTION ADOPTED

Rep. WHITE moved that H. 3702, the Joint Resolution appropriating the Capital Reserve Fund for Fiscal Year 2014-2015, be set for Special Order immediately following second reading of H. 3701, and immediately after roll call every day thereafter, and continue each day until given second reading, which was agreed to.

MOTION ADOPTED

Rep. WHITE moved that H. 3701 be set for Special Order for third reading immediately after second reading of H. 3702, and immediately after roll call every day thereafter, and continue each day thereafter until given third reading, which was agreed to.

MOTION ADOPTED

Rep. WHITE moved that H. 3702 be set for Special Order for third reading immediately after third reading of H. 3701, and immediately after roll call every day thereafter, and continue each day thereafter until given third reading, which was agreed to.

H. 3748--ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 3748 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO PROCEDURES FOR CONTESTED CASES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4466, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. HART explained the Joint Resolution.

The yeas and nays were taken resulting as follows:

Yeas 94; Nays 0


Printed Page 1601 . . . . . Thursday, March 5, 2015

Those who voted in the affirmative are:

Allison                Anthony                Bales
Ballentine             Bannister              Bedingfield
Bernstein              Bowers                 Bradley
Brannon                G. A. Brown            R. L. Brown
Burns                  Chumley                Clary
Clemmons               Clyburn                Cole
Collins                Corley                 H. A. Crawford
Crosby                 Daning                 Delleney
Douglas                Duckworth              Erickson
Finlay                 Forrester              Funderburk
Gagnon                 Gambrell               George
Gilliard               Goldfinch              Govan
Hamilton               Hardee                 Hardwick
Hart                   Hayes                  Henderson
Herbkersman            Hicks                  Hill
Hixon                  Hodges                 Hosey
Howard                 Johnson                Kennedy
King                   Knight                 Limehouse
Loftis                 Long                   Lowe
Lucas                  Mack                   McEachern
McKnight               W. J. McLeod           Mitchell
D. C. Moss             V. S. Moss             Murphy
Nanney                 Newton                 Ott
Parks                  Pitts                  Pope
Ridgeway               Riley                  Rivers
Ryhal                  Simrill                G. M. Smith
G. R. Smith            J. E. Smith            Sottile
Southard               Spires                 Stavrinakis
Tallon                 Taylor                 Thayer
Tinkler                Toole                  Weeks
Whipper                White                  Willis
Yow

Total--94

Those who voted in the negative are:

Total--0


Printed Page 1602 . . . . . Thursday, March 5, 2015

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

H. 3748--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HART, with unanimous consent, it was ordered that H. 3748 (Word version) be read the third time tomorrow.

H. 3749--ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 3749 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HYPODERMIC DEVICES; AND DRUGS AND DEVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4468, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. HART explained the Joint Resolution.

The yeas and nays were taken resulting as follows:

Yeas 106; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anthony
Atwater                Bales                  Ballentine
Bamberg                Bannister              Bedingfield
Bernstein              Bowers                 Bradley
Brannon                G. A. Brown            R. L. Brown
Burns                  Chumley                Clary
Clyburn                Cole                   Collins
Corley                 H. A. Crawford         Crosby
Daning                 Delleney               Dillard
Douglas                Duckworth              Erickson
Finlay                 Forrester              Funderburk
Gagnon                 Gambrell               George
Gilliard               Goldfinch              Govan
Hamilton               Hardee                 Hardwick
Hart                   Hayes                  Henderson
Henegan                Herbkersman            Hicks


Printed Page 1603 . . . . . Thursday, March 5, 2015

Hill                   Hiott                  Hixon
Hodges                 Hosey                  Howard
Huggins                Jefferson              Johnson
Kennedy                King                   Kirby
Knight                 Limehouse              Loftis
Long                   Lowe                   Lucas
Mack                   McCoy                  McEachern
McKnight               M. S. McLeod           W. J. McLeod
Mitchell               D. C. Moss             V. S. Moss
Murphy                 Nanney                 Newton
Norman                 Ott                    Parks
Pitts                  Pope                   Ridgeway
Riley                  Rivers                 Ryhal
Sandifer               Simrill                G. M. Smith
G. R. Smith            J. E. Smith            Sottile
Southard               Spires                 Stavrinakis
Tallon                 Taylor                 Thayer
Toole                  Weeks                  Wells
Whipper                Whitmire               Willis
Yow

Total--106

Those who voted in the negative are:

Total--0

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

H. 3749--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HART, with unanimous consent, it was ordered that H. 3749 (Word version) be read the third time tomorrow.

H. 3750--ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 3750 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND


Printed Page 1604 . . . . . Thursday, March 5, 2015

ENVIRONMENTAL CONTROL, RELATING TO CERTIFICATION OF NEED FOR HEALTH FACILITIES AND SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4551, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. HART explained the Joint Resolution.

The yeas and nays were taken resulting as follows:

Yeas 104; Nays 0

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Bales                  Ballentine             Bamberg
Bannister              Bedingfield            Bernstein
Bingham                Bowers                 Bradley
Brannon                G. A. Brown            R. L. Brown
Burns                  Chumley                Clary
Clemmons               Cole                   Collins
Corley                 H. A. Crawford         Daning
Delleney               Dillard                Douglas
Duckworth              Erickson               Finlay
Forrester              Funderburk             Gagnon
Gambrell               George                 Gilliard
Goldfinch              Govan                  Hamilton
Hardee                 Hardwick               Hart
Hayes                  Henderson              Henegan
Herbkersman            Hicks                  Hill
Hiott                  Hixon                  Hodges
Hosey                  Howard                 Huggins
Jefferson              Johnson                Kennedy
King                   Kirby                  Knight
Limehouse              Loftis                 Long
Lowe                   Lucas                  Mack
McCoy                  McEachern              McKnight
M. S. McLeod           W. J. McLeod           Merrill
Mitchell               D. C. Moss             V. S. Moss
Murphy                 Nanney                 Newton
Norman                 Ott                    Pitts
Pope                   Ridgeway               Riley
Rivers                 Ryhal                  Simrill


Printed Page 1605 . . . . . Thursday, March 5, 2015

G. M. Smith            J. E. Smith            Sottile
Southard               Spires                 Stavrinakis
Tallon                 Taylor                 Thayer
Tinkler                Toole                  Weeks
Wells                  Whipper                White
Willis                 Yow

Total--104

Those who voted in the negative are:

Total--0

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

H. 3750--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HART, with unanimous consent, it was ordered that H. 3750 (Word version) be read the third time tomorrow.

S. 411 --ORDERED TO THIRD READING

The following Bill was taken up:

S. 411 (Word version) -- Senator Cleary: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-200 SO AS TO DESIGNATE THE MONTH OF OCTOBER OF EVERY YEAR AS "ITALIAN AMERICAN HERITAGE MONTH" IN SOUTH CAROLINA.

The yeas and nays were taken resulting as follows:

Yeas 75; Nays 13

Those who voted in the affirmative are:

 Bales                 Ballentine             Bannister
Bedingfield            Bernstein              Bingham
Bowers                 Bradley                Brannon
G. A. Brown            R. L. Brown            Burns
Clary                  Clemmons               Clyburn
Cobb-Hunter            Collins                Corley
H. A. Crawford         Crosby                 Daning


Printed Page 1606 . . . . . Thursday, March 5, 2015

Dillard                Douglas                Duckworth
Erickson               Finlay                 Forrester
Funderburk             Gambrell               George
Gilliard               Goldfinch              Govan
Hamilton               Hardee                 Hardwick
Hart                   Hayes                  Herbkersman
Hicks                  Hodges                 Hosey
Howard                 Huggins                Jefferson
Johnson                Kennedy                Kirby
Knight                 Limehouse              Long
Lowe                   Lucas                  Mack
McCoy                  McEachern              McKnight
W. J. McLeod           Mitchell               D. C. Moss
Newton                 Norrell                Ott
Pope                   Ridgeway               Ryhal
G. M. Smith            J. E. Smith            Sottile
Spires                 Stavrinakis            Tallon
Tinkler                Weeks                  Yow

Total--75

Those who voted in the negative are:

Allison                Anthony                Chumley
Cole                   Henderson              Hill
Loftis                 Nanney                 Norman
Pitts                  G. R. Smith            Southard
Willis

Total--13

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

S. 411--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. BALES, with unanimous consent, it was ordered that S. 411 (Word version) be read the third time tomorrow.

H. 3014--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 3014 (Word version) -- Reps. Bannister, Allison, Atwater, Ballentine, Bedingfield, Bingham, Bradley, Brannon, Burns, Chumley, Clary, Clemmons, Cole,


Printed Page 1607 . . . . . Thursday, March 5, 2015

Collins, Corley, H.A. Crawford, Crosby, Daning, Delleney, Duckworth, Erickson, Finlay, Forrester, Gagnon, Gambrell, Goldfinch, Hamilton, Hardee, Hardwick, Henderson, Herbkersman, Hicks, Hill, Hiott, Hixon, Horne, Huggins, Johnson, Kennedy, Limehouse, Loftis, Long, Lowe, Lucas, McCoy, Merrill, D.C. Moss, V.S. Moss, Murphy, Nanney, Newton, Pitts, Pope, Putnam, Quinn, Riley, Rivers, Ryhal, Sandifer, Simrill, G.M. Smith, G.R. Smith, Sottile, Stringer, Tallon, Taylor, Wells, White, Whitmire, Willis, Yow, George, McKnight, Thayer, J.E. Smith and Whipper: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING ON THE SECOND TUESDAY IN FEBRUARY RATHER THAN THE SECOND TUESDAY IN JANUARY OF EACH YEAR, REQUIRE EACH ANNUAL SESSION OF THE GENERAL ASSEMBLY TO ADJOURN SINE DIE NOT LATER THAN THE FIRST THURSDAY IN MAY EACH YEAR, AND ALLOW THE GENERAL ASSEMBLY TO CONVENE IN LOCAL SESSION AND FOR THE PURPOSE OF BEGINNING COMMITTEE MEETINGS OR HEARINGS ON THE SECOND TUESDAY OF JANUARY EACH YEAR.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   It is proposed that Section 9, Article III of the Constitution of this State be amended to read:

"Section   9.   The annual session of the General Assembly shall convene at the State Capitol Building in the City of Columbia on the second Tuesday of January February of each year and must adjourn sine die not later than the first Thursday in May each year. The General Assembly may convene in local session and for the purpose of beginning committee meetings or hearings on the second Tuesday of January of each year. After the convening of the General Assembly, nothing in this section shall prohibit the Senate or the House of Representatives, or both, from receding for a time period not to exceed thirty consecutive calendar days at a time by a majority vote of the members of the body of the General Assembly seeking to recede for a time period not to exceed thirty consecutive calendar days, or from receding for a time period of more than thirty consecutive calendar days at a time by a two-thirds vote


Printed Page 1608 . . . . . Thursday, March 5, 2015

of the members of the body of the General Assembly seeking to recede for more than thirty consecutive calendar days at a time. Each body shall sit in session at the State Capitol Building in the City of Columbia and may provide for meetings during the legislative session as it shall consider appropriate. Furthermore, the Senate or the House of Representatives, or both, may meet on the first Tuesday following the certification of the election of its members for not more than three days following the general election in even-numbered years for the purpose of organizing. If the casualties of war or contagious disease render it unsafe to meet at the seat of government, the Governor, by proclamation, may appoint a more secure and convenient place of meeting. Members of the General Assembly shall not receive any compensation for more than forty days of any one session."

SECTION   2.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Shall Section 9, Article III of the Constitution of this State be amended so as to provide for annual sessions of the General Assembly commencing on the second Tuesday in February, rather than the second Tuesday in January of each year, to require each annual session of the General Assembly to adjourn sine die not later than the first Thursday in May each year, and to allow the General Assembly to convene in local session and begin committee meetings or hearings on the second Tuesday in January each year?

Yes   []
No   []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

The Committee on Judiciary proposed the following Amendment No. 1 to H. 3014 (COUNCIL\MS\3014C001.MS.AHB15), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   It is proposed that Section 9, Article III of the Constitution of this State be amended to read:


Printed Page 1609 . . . . . Thursday, March 5, 2015

"Section   9.   The annual session of the General Assembly shall convene at the State Capitol Building in the City of Columbia on the second Tuesday of January February of each year and must adjourn sine die not later than the last Thursday in May each year. The General Assembly may convene in local session and for the purpose of beginning committee meetings or hearings on the second Tuesday of January of each year. After the convening of the General Assembly, nothing in this section shall prohibit the Senate or the House of Representatives, or both, from receding for a time period not to exceed thirty consecutive calendar days at a time by a majority vote of the members of the body of the General Assembly seeking to recede for a time period not to exceed thirty consecutive calendar days, or from receding for a time period of more than thirty consecutive calendar days at a time by a two-thirds vote of the members of the body of the General Assembly seeking to recede for more than thirty consecutive calendar days at a time. Each body shall sit in session at the State Capitol Building in the City of Columbia and may provide for meetings during the legislative session as it shall consider appropriate. Furthermore, the Senate or the House of Representatives, or both, may meet on the first Tuesday following the certification of the election of its members for not more than three days following the general election in even-numbered years for the purpose of organizing. If the casualties of war or contagious disease render it unsafe to meet at the seat of government, the Governor, by proclamation, may appoint a more secure and convenient place of meeting. Members of the General Assembly shall not receive any compensation for more than forty days of any one session."
SECTION   2.   The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Shall Section 9, Article III of the Constitution of this State be amended so as to provide for annual sessions of the General Assembly commencing on the second Tuesday in February, rather than the second Tuesday in January of each year, to require each annual session of the General Assembly to adjourn sine die not later than the last Thursday in May each year, and to allow the General Assembly to convene in local session and begin committee meetings or hearings on the second Tuesday in January each year?

Yes   []
No   []


Printed Page 1610 . . . . . Thursday, March 5, 2015

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend title to conform.

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

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

The yeas and nays were taken resulting as follows:

Yeas 103; Nays 4

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Atwater                Bales                  Ballentine
Bannister              Bedingfield            Bernstein
Bingham                Bowers                 Bradley
Brannon                R. L. Brown            Burns
Chumley                Clary                  Clemmons
Clyburn                Cobb-Hunter            Cole
Collins                Corley                 H. A. Crawford
Crosby                 Daning                 Delleney
Dillard                Douglas                Duckworth
Erickson               Felder                 Finlay
Forrester              Funderburk             Gagnon
Gambrell               George                 Goldfinch
Hamilton               Hardee                 Hardwick
Hayes                  Henderson              Henegan
Herbkersman            Hicks                  Hill
Hiott                  Hixon                  Hodges
Hosey                  Huggins                Jefferson
Johnson                Kennedy                King
Knight                 Loftis                 Long
Lowe                   Lucas                  Mack
McCoy                  McEachern              M. S. McLeod
W. J. McLeod           Merrill                D. C. Moss
V. S. Moss             Murphy                 Nanney
Newton                 Norman                 Norrell


Printed Page 1611 . . . . . Thursday, March 5, 2015

Ott                    Parks                  Pitts
Pope                   Ridgeway               Riley
Rivers                 Ryhal                  Sandifer
Simrill                G. M. Smith            G. R. Smith
J. E. Smith            Sottile                Southard
Spires                 Stavrinakis            Tallon
Taylor                 Thayer                 Tinkler
Toole                  Weeks                  Wells
Whipper                Whitmire               Willis
Yow

Total--103

Those who voted in the negative are:

Bamberg                G. A. Brown            Gilliard
Howard

Total--4

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

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on H. 3014. If I had been present, I would have voted in favor of the Joint Resolution.

Rep. Brian White

RECORD FOR VOTING

I was temporarily out of the Chamber on delegation business during the vote on H. 3014. If I had been present, I would have voted in favor of the Joint Resolution.

Rep. Richie Yow

H. 3014--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. BANNISTER, with unanimous consent, it was ordered that H. 3014 (Word version) be read the third time tomorrow.

Further proceedings were interrupted by expiration of time on the uncontested Calendar.


Printed Page 1612 . . . . . Thursday, March 5, 2015

RECURRENCE TO THE MORNING HOUR

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

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 5, 2015
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:15 a.m., for the purpose of ratifying Acts.

Very respectfully,
President

On motion of Rep. POPE the invitation was accepted.

HOUSE RESOLUTION

The following was introduced:

H. 3791 (Word version) -- Reps. Hosey, Cobb-Hunter, Govan and Ott: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE HUNTER-KINARD-TYLER HIGH SCHOOL FOOTBALL TEAM AND ITS FINE COACHES ON THEIR IMPRESSIVE WIN OF THE 2014 CLASS A DIVISION II STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3792 (Word version) -- Reps. Hosey, Cobb-Hunter, Govan and Ott: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE HUNTER-KINARD-TYLER HIGH SCHOOL FOOTBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR WINNING THE 2014 CLASS A DIVISION II STATE CHAMPIONSHIP TITLE.


Printed Page 1613 . . . . . Thursday, March 5, 2015

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Hunter-Kinard-Tyler High School football team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for winning the 2014 Class A Division II State Championship title.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3793 (Word version) -- Rep. Ott: A HOUSE RESOLUTION TO CELEBRATE THE DECLARATION OF INDEPENDENCE AND THE UNITED STATES CONSTITUTION, WHICH TOGETHER ENUMERATE OUR UNALIENABLE RIGHTS AND LIBERTIES, AND TO PROCLAIM MONDAY, MARCH 16, 2015, AS "LIBERTY DAY" IN SOUTH CAROLINA.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3800 (Word version) -- Reps. Delleney, Felder, King, Long, D. C. Moss, V. S. Moss, Norman, Pope, Simrill, Collins, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Corley, H. A. Crawford, Crosby, Daning, Dillard, Douglas, Duckworth, Erickson, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Kennedy, Kirby, Knight, Limehouse, Loftis, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, Murphy, Nanney, Neal, Newton, Norrell, Ott, Parks, Pitts, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, G. M. Smith, G. R. Smith, J. E. Smith,


Printed Page 1614 . . . . . Thursday, March 5, 2015

Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE ROCK HILL HIGH SCHOOL WRESTLING TEAM ON A SUPERLATIVE SEASON AND TO SALUTE THESE ATHLETES AND THEIR COACHES ON WINNING THE 2015 CLASS AAAA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3801 (Word version) -- Reps. Delleney, Felder, King, Long, D. C. Moss, V. S. Moss, Norman, Pope, Simrill and Collins: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE ROCK HILL HIGH SCHOOL WRESTLING TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED ON THEIR IMPRESSIVE SEASON AND FOR CAPTURING THE 2015 CLASS AAAA STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Rock Hill High School wrestling team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended on their impressive season and for capturing the 2015 Class AAAA State Championship title.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3790 (Word version) -- Reps. R. L. Brown, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield,


Printed Page 1615 . . . . . Thursday, March 5, 2015

Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO HONOR THE REVEREND AUDREY O. DEAS, PASTOR OF ST. PAUL PRESBYTERIAN CHURCH USA IN HOLLYWOOD, FOR HER MANY YEARS OF GOSPEL MINISTRY, TO CONGRATULATE HER ON THE OCCASION OF HER RETIREMENT, AND TO WISH HER GOD'S RICHEST BLESSINGS AS SHE CONTINUES TO SERVE THE LORD.

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

INTRODUCTION OF BILLS

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

H. 3794 (Word version) -- Reps. Forrester, Burns, Sottile, Spires, V. S. Moss, Gambrell, Bales, Kennedy, Tallon, Allison, Bedingfield, Daning, Henderson, Hicks, Hixon, G. R. Smith and Thayer: A BILL TO AMEND SECTION 56-1-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND RENEWAL OF A DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT PROVIDES THAT A FIVE YEAR DRIVER'S LICENSE MUST BE ISSUED TO A PERSON WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE WHEN HE RENEWS HIS LICENSE; AND TO AMEND SECTION 56-1-220, RELATING TO VISION SCREENINGS THAT ARE REQUIRED FOR A PERSON TO


Printed Page 1616 . . . . . Thursday, March 5, 2015

RENEW HIS DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT REQUIRES A PERSON TO SUBMIT A VISION SCREENING CERTIFICATE TO THE DEPARTMENT OF MOTOR VEHICLES DURING THE FIFTH YEAR OF A TEN YEAR DRIVER'S LICENSE, AND THE PROVISION THAT ALLOWS A PERSON WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE TO OBTAIN A DRIVER'S LICENSE THAT IS VALID FOR FIVE YEARS.
Referred to Committee on Education and Public Works

H. 3795 (Word version) -- Rep. Gambrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-68-65 SO AS TO PROVIDE FOR THE DETERMINATION OF TAX CREDITS AND ECONOMIC INCENTIVES BASED ON EMPLOYMENT WITH RESPECT TO CLIENT COMPANIES OF PROFESSIONAL EMPLOYER ORGANIZATIONS; TO AMEND SECTION 40-68-55, RELATING TO THE ABILITY OF THE DEPARTMENT OF INSURANCE TO PROVIDE BY REGULATION FOR THE ACCEPTANCE OF AFFIDAVIT OR CERTIFICATION OF APPROVAL OF QUALIFIED ASSURANCE ORGANIZATIONS, SO AS TO DELETE THE REQUIREMENT THAT THESE FUNCTIONS BE PROVIDED BY REGULATION; TO AMEND SECTION 40-68-60, RELATING TO THE REQUIREMENTS OF PROFESSIONAL EMPLOYMENT ORGANIZATION SERVICES AGREEMENTS BETWEEN PROFESSIONAL EMPLOYER ORGANIZATIONS AND ASSIGNED EMPLOYEES, SO AS TO DELETE THE REQUIREMENT THAT TERMS MUST BE ESTABLISHED BY WRITTEN CONTRACT, AND INSTEAD TO PROVIDE ORGANIZATIONS ONLY SHALL PROVIDE ASSIGNED EMPLOYEES WITH WRITTEN NOTICE OF HOW THE AGREEMENT AFFECTS THEM; TO AMEND SECTION 40-68-70, RELATING TO THE REQUIREMENTS OF PROFESSIONAL EMPLOYMENT ORGANIZATION SERVICES AGREEMENTS BETWEEN PROFESSIONAL EMPLOYER ORGANIZATIONS AND CLIENT COMPANIES, SO AS TO CLARIFY THAT THE TERMS OF THE AGREEMENT MUST BE ESTABLISHED BY WRITTEN CONTRACT; TO AMEND SECTION 40-68-150, RELATING TO CERTAIN PROHIBITED ACTS, SO AS TO PROVIDE PROFESSIONAL EMPLOYER ORGANIZATIONS SHALL NOT ENGAGE IN THE SALE OF INSURANCE OR ACT AS THIRD PARTY ADMINISTRATORS, AND TO PROVIDE THAT THE


Printed Page 1617 . . . . . Thursday, March 5, 2015

SPONSORING AND MAINTAINING OF EMPLOYEE BENEFIT PLANS FOR THE BENEFIT OF ASSIGNED EMPLOYEES DOES NOT CONSTITUTE THE SALE OF INSURANCE; AND TO REPEAL SECTION 40-68-45 RELATING TO CONTINUING PROFESSIONAL EDUCATION.
Referred to Committee on Ways and Means

H. 3796 (Word version) -- Reps. Hardee, Clemmons, Johnson, Duckworth, Riley, Goldfinch, Kirby and Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 49-1-100 SO AS TO PROVIDE PROCEDURES FOR THE RECOVERY AND LAUNCHING OF VESSELS AND WATERCRAFT, AND FOR THE USE OF ACCESS WAYS AND PUBLIC BOAT LANDINGS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3797 (Word version) -- Reps. Murphy and Horne: A BILL TO AMEND SECTION 48-39-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL TIDELANDS AND WETLANDS, SO AS TO REDEFINE THE TERM COASTAL ZONE BY REMOVING A PORTION OF DORCHESTER COUNTY.
On motion of Rep. MURPHY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3798 (Word version) -- Rep. Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-525 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE, TRANSPORT, MANUFACTURE, POSSESS, DISTRIBUTE, SELL, OR BUY GREEN TIP AMMUNITION, AND TO PROVIDE A PENALTY.
Referred to Committee on Judiciary

H. 3799 (Word version) -- Reps. Hixon, Simrill, Taylor, Loftis, Burns, Brannon, Spires, Yow, Clemmons, Riley, Corley, Collins, Clary, Hosey, Clyburn, King, Hicks, Knight, Bradley, Jefferson, Kirby, Huggins, Duckworth, Kennedy, Hamilton, Hardee, Johnson, Murphy, Felder, Alexander, Atwater, Ballentine, Bedingfield, Bowers, Cobb-Hunter, Daning, Delleney, Dillard, Forrester, Funderburk, Gagnon, Gambrell, Hiott, Howard, Lowe, W. J. McLeod, V. S. Moss, Nanney, Norman, Ott, Pitts, Pope, Ridgeway, Ryhal, G. R. Smith, Tallon, Thayer, Toole, Weeks, Wells, White and Willis: A BILL TO AMEND SECTION 23-31-215,


Printed Page 1618 . . . . . Thursday, March 5, 2015

AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, RELATING TO THE ISSUANCE OF CONCEALED WEAPON PERMITS, SO AS TO PROVIDE THAT SOUTH CAROLINA SHALL RECOGNIZE CONCEALED WEAPON PERMITS ISSUED BY GEORGIA AND NORTH CAROLINA UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary

H. 3251--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3251 (Word version) -- Reps. G. M. Smith and G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-310 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH THE MATERNAL MORBIDITY AND MORTALITY REVIEW COMMITTEE TO REVIEW AND STUDY MATERNAL DEATHS AND TO REPORT THE FINDINGS TO THE GENERAL ASSEMBLY.

The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 to H. 3251 (COUNCIL\ DKA\3251C003.DKA.SA15), which was adopted:
Amend the bill, as and if amended, Section 44-1-310, SECTION 2, page 3, by adding a subsection at the end to read:
/ (H)   The committee shall dissolve, unless it is reauthorized by law, five years after it goes into effect." /
Renumber sections to conform.
Amend title to conform.

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

Rep. SPIRES explained the Bill.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 106; Nays 1


Printed Page 1619 . . . . . Thursday, March 5, 2015

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Atwater                Bales                  Ballentine
Bamberg                Bannister              Bedingfield
Bernstein              Bingham                Bowers
Bradley                G. A. Brown            R. L. Brown
Burns                  Chumley                Clary
Clemmons               Clyburn                Cobb-Hunter
Cole                   Collins                Corley
H. A. Crawford         Crosby                 Delleney
Dillard                Douglas                Duckworth
Erickson               Felder                 Forrester
Funderburk             Gagnon                 George
Gilliard               Goldfinch              Hamilton
Hardee                 Hardwick               Hart
Hayes                  Henderson              Henegan
Herbkersman            Hicks                  Hill
Hiott                  Hixon                  Hodges
Hosey                  Howard                 Huggins
Jefferson              Johnson                Kennedy
King                   Kirby                  Knight
Limehouse              Loftis                 Long
Lowe                   Lucas                  Mack
McCoy                  McEachern              McKnight
M. S. McLeod           W. J. McLeod           D. C. Moss
V. S. Moss             Murphy                 Nanney
Newton                 Norman                 Norrell
Ott                    Parks                  Pitts
Pope                   Quinn                  Ridgeway
Riley                  Rivers                 Ryhal
Sandifer               Simrill                G. M. Smith
G. R. Smith            J. E. Smith            Sottile
Spires                 Stavrinakis            Tallon
Taylor                 Thayer                 Tinkler
Toole                  Weeks                  Wells
Whipper                White                  Whitmire
Willis

Total--106


Printed Page 1620 . . . . . Thursday, March 5, 2015

Those who voted in the negative are:

Brannon

Total--1

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

H. 3251--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SPIRES, with unanimous consent, it was ordered that H. 3251 (Word version) be read the third time tomorrow.

H. 3099--POINT OF ORDER

The following Bill was taken up:

H. 3099 (Word version) -- Reps. McCoy, Cobb-Hunter, Weeks, Rivers and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-7-415 SO AS TO ELIMINATE THE TORT CLAIMS ACT EXCEPTION TO IMMUNITY FROM LIABILITY FOR PUBLIC SCHOOLS AND COLLEGES IF AN ADMINISTRATOR FAILS TO REPORT CHILD ABUSE OR NEGLECT IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 63-7-310; TO AMEND SECTION 63-7-310, AS AMENDED, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE OR NEGLECT, SO AS TO ADD SCHOOL AND COLLEGE ADMINISTRATORS, COACHES, FIREFIGHTERS, CAMP COUNSELORS, SCOUT LEADERS, AND OTHER PERSONS WHO HAVE DIRECT CONTACT WITH OR SUPERVISE CHILDREN AS MANDATED REPORTERS, TO REQUIRE REPORTING WHEN MANDATED REPORTERS ARE ACTING IN A VOLUNTEER CAPACITY, AND TO REQUIRE MANDATED REPORTERS TO COMPLY INDIVIDUALLY WITH THE STATUTORY REPORTING REQUIREMENTS REGARDLESS OF EMPLOYER INTERNAL REPORTING PROTOCOLS; TO AMEND SECTION 63-7-360, RELATING TO MANDATORY REPORTING TO CORONERS, SO AS TO MAKE CONFORMING CHANGES; TO AMEND SECTION 63-7-410, RELATING TO PENALTIES FOR THE FAILURE TO REPORT CHILD ABUSE OR NEGLECT, SO AS TO INCREASE THE PENALTIES TO FIVE THOUSAND DOLLARS OR ONE YEAR IMPRISONMENT, OR BOTH; AND TO AMEND


Printed Page 1621 . . . . . Thursday, March 5, 2015

SECTION 63-7-450, RELATING TO INFORMATION THAT MUST BE PROVIDED BY THE DEPARTMENT OF SOCIAL SERVICES TO MANDATED REPORTERS, SO AS TO MAKE CONFORMING CHANGES.

POINT OF ORDER

Rep. MCCOY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3305--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3305 (Word version) -- Reps. Lowe, Bingham, Horne, Weeks and Bradley: A BILL TO AMEND SECTION 41-35-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DENIAL OF UNEMPLOYMENT BENEFITS FOR AN EMPLOYEE WHO TESTS POSITIVE FOR ILLEGAL DRUG USE OR THE UNLAWFUL USE OF LEGAL DRUGS, SO AS TO REVISE THE RANGE OF SPECIMENS FROM AN EMPLOYEE THAT MAY BE TESTED TO INCLUDE ORAL FLUIDS.

The Committee on Judiciary proposed the following Amendment No. 1 to H. 3305 (COUNCIL\AGM\3305C001.AGM.AB15), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 41-35-120(3)(a)(iii) of the 1976 Code, as last amended by Act 146 of 2010, is further amended to read:

"(iii)   insured worker provides a blood, hair, oral fluid, or urine specimen during a drug test administered on behalf of the employer, which tests positive for illegal drugs or legal drugs used unlawfully, provided:

(A)   the sample was collected and labeled by a licensed health care professional or another individual authorized to collect and label test samples by federal or state law, including law enforcement personnel; and

(B)   the test was performed by a laboratory certified to perform such tests by the National Institute on Drug Abuse United States


Printed Page 1622 . . . . . Thursday, March 5, 2015

Department of Health and Human Services (HSDHHS)/Substance Abuse Mental Health Services Administration (SAMHSA), the College of American Pathologists or the State Law Enforcement Division; and

(C)   an initial positive test was confirmed on the specimen using the gas chromatography/mass spectrometry method, or an equivalent or a more accurate scientifically accepted method approved by the National Institute on Drug Abuse USDHHS/SAMHSA;"
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 106; Nays 2

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Atwater                Bales                  Ballentine
Bamberg                Bannister              Bedingfield
Bernstein              Bingham                Bowers
Bradley                Brannon                G. A. Brown
R. L. Brown            Burns                  Chumley
Clary                  Clemmons               Clyburn
Cole                   Collins                Corley
H. A. Crawford         Crosby                 Daning
Delleney               Douglas                Duckworth
Erickson               Felder                 Finlay
Forrester              Funderburk             Gagnon
Gambrell               George                 Goldfinch
Govan                  Hamilton               Hardee
Hardwick               Hart                   Hayes
Henderson              Herbkersman            Hicks
Hill                   Hiott                  Hixon
Hodges                 Hosey                  Huggins
Jefferson              Johnson                Kennedy
King                   Kirby                  Knight
Limehouse              Loftis                 Long


Printed Page 1623 . . . . . Thursday, March 5, 2015

Lowe                   Lucas                  Mack
McCoy                  McEachern              McKnight
M. S. McLeod           W. J. McLeod           Merrill
Mitchell               D. C. Moss             V. S. Moss
Murphy                 Nanney                 Newton
Norman                 Norrell                Ott
Pitts                  Pope                   Quinn
Ridgeway               Riley                  Rivers
Ryhal                  Simrill                G. M. Smith
G. R. Smith            J. E. Smith            Sottile
Southard               Spires                 Stavrinakis
Tallon                 Taylor                 Thayer
Toole                  Weeks                  Wells
White                  Whitmire               Willis
Yow

Total--106

Those who voted in the negative are:

Cobb-Hunter            Gilliard

Total--2

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

RECORD FOR VOTING

I was temporarily out of the Chamber on delegation business during the vote on H. 3305. If I had been present, I would have voted in favor of the Bill.

Rep. Richie Yow

H. 3305--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. NORRELL, with unanimous consent, it was ordered that H. 3305 (Word version) be read the third time tomorrow.


Printed Page 1624 . . . . . Thursday, March 5, 2015

S. 397--ORDERED TO THIRD READING

The following Bill was taken up:

S. 397 (Word version) -- Senators Leatherman, Setzler and O'Dell: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE INTERNAL REVENUE CODE TO STATE INCOME TAX LAWS, SO AS TO UPDATE THE REFERENCE TO THE INTERNAL REVENUE CODE TO THE YEAR 2014.

Rep. WHITE explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 109; Nays 0

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Atwater                Bales                  Ballentine
Bamberg                Bannister              Bedingfield
Bernstein              Bingham                Bowers
Bradley                Brannon                G. A. Brown
R. L. Brown            Burns                  Chumley
Clary                  Clemmons               Clyburn
Cole                   Collins                Corley
H. A. Crawford         Crosby                 Daning
Delleney               Dillard                Duckworth
Erickson               Felder                 Finlay
Forrester              Funderburk             Gagnon
Gambrell               George                 Gilliard
Goldfinch              Govan                  Hamilton
Hardee                 Hardwick               Hart
Hayes                  Henderson              Henegan
Herbkersman            Hicks                  Hill
Hiott                  Hixon                  Hodges
Hosey                  Huggins                Jefferson
Johnson                Kennedy                King
Kirby                  Knight                 Limehouse
Loftis                 Long                   Lowe
Lucas                  Mack                   McCoy
McEachern              McKnight               M. S. McLeod
W. J. McLeod           Merrill                Mitchell


Printed Page 1625 . . . . . Thursday, March 5, 2015

D. C. Moss             V. S. Moss             Murphy
Nanney                 Newton                 Norman
Norrell                Ott                    Parks
Pitts                  Pope                   Quinn
Ridgeway               Riley                  Rivers
Ryhal                  Sandifer               Simrill
G. R. Smith            J. E. Smith            Sottile
Southard               Spires                 Stavrinakis
Tallon                 Taylor                 Thayer
Tinkler                Toole                  Wells
White                  Whitmire               Willis
Yow

Total--109

Those who voted in the negative are:

Total--0

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

S. 397--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WHITE, with unanimous consent, it was ordered that S. 397 (Word version) be read the third time tomorrow.

H. 3670--RECALLED FROM COMMITTEE ON
WAYS AND MEANS

On motion of Rep. LOWE, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

H. 3670 (Word version) -- Reps. Lowe, Williams and Kirby: A BILL TO AMEND SECTION 4-23-1005, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORIGINAL AREA OF THE WEST FLORENCE FIRE DISTRICT IN FLORENCE AND DARLINGTON COUNTIES, SO AS TO FURTHER PROVIDE FOR THE DESCRIPTION OF THE ORIGINAL FLORENCE COUNTY PORTION OF THE DISTRICT WITHOUT CHANGING THE BOUNDARIES OF THE DISTRICT AT ITS CREATION; BY ADDING SECTION 4-23-1006 SO AS TO ADD ADDITIONAL AREAS IN EITHER FLORENCE OR DARLINGTON COUNTIES TO THE ORIGINAL AREA OF THE DISTRICT; TO AMEND SECTION


Printed Page 1626 . . . . . Thursday, March 5, 2015

4-23-1015, RELATING IN PART TO THE MILLAGE LEVY OF THE DISTRICT, SO AS TO STIPULATE WHICH REFERENDUM PROVISIONS CONTROL IN REGARD TO MILLAGE RATE LIMITATIONS; TO AMEND SECTION 4-23-1025, RELATING IN PART TO RESTRICTIONS ON DIMINISHING THE AUTHORITY OF THE DISTRICT COMMISSION OR THE AREA OF THE DISTRICT, AND TO THE REAL AND PERSONAL PROPERTY OF THE DISTRICT, SO AS TO PROVIDE THAT CERTAIN PROVISIONS OF LAW IN REGARD TO MUNICIPAL ANNEXATION OF PARTS OF A SPECIAL PURPOSE DISTRICT CONTINUE TO APPLY TO THE WEST FLORENCE FIRE DISTRICT, AND TO FURTHER PROVIDE FOR THE TRANSFER OF CERTAIN REAL AND PERSONAL PROPERTY TO THE DISTRICT; AND TO AMEND SECTION 4-23-1040, RELATING TO WHICH POLITICAL SUBDIVISION MAY IMPOSE MILLAGE LEVIES OR FIRE SERVICE FEES IN THE DISTRICT, SO AS TO CLARIFY THE BASIS FOR WHICH THE WEST FLORENCE FIRE DISTRICT ONLY MAY LEVY AD VALOREM PROPERTY TAXES IN THE DISTRICT FOR THE PROVISION OF FIRE OR FIRE PROTECTION SERVICES.

H. 3663--RECALLED FROM COMMITTEE ON
WAYS AND MEANS

On motion of Rep. WHITE, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Ways and Means:

H. 3663 (Word version) -- Reps. Bingham and Mitchell: A JOINT RESOLUTION TO REMOVE THE CURRENT MEMBERS OF THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY AND DEVOLVE THE BOARD'S POWERS UPON THE STATE BUDGET AND CONTROL BOARD AND DIRECT THE STATE BUDGET AND CONTROL BOARD TO REMOVE THE CURRENT PRESIDENT OF SOUTH CAROLINA STATE UNIVERSITY AND EMPLOY AN INTERIM CHIEF EXECUTIVE OFFICER WHO SHALL SERVE AT-WILL AT THE PLEASURE OF THE BOARD TO AID IN DIRECTING THE UNIVERSITY IN A NEW DIRECTION WITH AN EMPHASIS ON ADDRESSING AND CORRECTING THE ONGOING FINANCIAL DIFFICULTIES OF THE UNIVERSITY IN ORDER TO KEEP THE UNIVERSITY FUNCTIONAL AND MAINTAIN ITS ACCREDITATION.


Printed Page 1627 . . . . . Thursday, March 5, 2015

H. 3341--RECALLED FROM THE CHARLESTON DELEGATION

On motion of Rep. MERRILL, with unanimous consent, the following Bill was ordered recalled from the Charleston Delegation:

H. 3341 (Word version) -- Reps. Merrill and Rivers: A BILL TO REPEAL ACT 130 OF 2007 RELATING TO THE INCREASE IN THE NUMBER OF MEMBERS OF THE CHARLESTON COUNTY AVIATION AUTHORITY BY TWO WHO SHALL BE THE CHAIRMAN AND VICE CHAIRMAN OF THE CHARLESTON COUNTY DELEGATION.

OBJECTION TO RECALL

Rep. BALES asked unanimous consent to recall H. 3008 (Word version) from the Committee on Judiciary.
Rep. DANING objected.

H. 3374--SENT TO THE SENATE

The following Bill was taken up:

H. 3374 (Word version) -- Reps. Merrill, White and G. R. Smith: A BILL TO AMEND CHAPTER 27, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AID TO SUBDIVISIONS ACT, SO AS TO CHANGE THE NAME OF THE LOCAL GOVERNMENT FUND, TO DELETE THE REQUIREMENT THAT THE FUND RECEIVE NOT LESS THAN FOUR AND ONE-HALF PERCENT OF THE GENERAL FUND REVENUES OF THE LATEST COMPLETED FISCAL YEAR, TO DELETE A PROVISION REGARDING MIDYEAR CUTS, TO PROVIDE THAT THE FUND MUST BE INCREASED BY TWO PERCENT IF REVENUES ARE PROJECTED TO INCREASE BY AT LEAST FOUR PERCENT, TO PROVIDE THAT THE TWO PERCENT INCREASE, IF APPLICABLE, BE INCLUDED IN ALL STAGES OF THE BUDGET PROCESS, TO AMEND THE DISTRIBUTION PERCENTAGE OF THE FUND, AND TO DELETE A PROVISION REQUIRING AMENDMENTS TO THE STATE AID TO SUBDIVISIONS ACT BE INCLUDED IN SEPARATE LEGISLATION.

The Bill was read the third time and ordered sent to the Senate.


Printed Page 1628 . . . . . Thursday, March 5, 2015

H. 3571--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3571 (Word version) -- Reps. Limehouse, R. L. Brown, Sottile and Bedingfield: A CONCURRENT RESOLUTION TO MEMORIALIZE THE COMMISSIONER OF BASEBALL TO REINSTATE "SHOELESS JOE" JACKSON AS A MEMBER IN GOOD STANDING IN PROFESSIONAL BASEBALL AND REQUEST, THAT IF REINSTATED, THE APPROPRIATE COMMITTEE NOMINATE HIM TO BE INDUCTED TO THE NATIONAL BASEBALL HALL OF FAME.

The Concurrent Resolution was adopted and sent to the Senate.

MOTION PERIOD

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

H. 3041--DEBATE ADJOURNED

The following Joint Resolution was taken up:

H. 3041 (Word version) -- Reps. Delleney, Allison, Atwater, Ballentine, Bannister, Bedingfield, Bingham, Bradley, Brannon, Burns, Clary, Clemmons, Collins, H. A. Crawford, Daning, Duckworth, Erickson, Forrester, Goldfinch, Hamilton, Hardee, Hardwick, Henderson, Herbkersman, Hicks, Hill, Hiott, Hixon, Horne, Huggins, Kennedy, Limehouse, Loftis, Long, Lowe, Lucas, McCoy, Merrill, D. C. Moss, V. S. Moss, Murphy, Nanney, Newton, Pitts, Pope, Putnam, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stringer, Tallon, Taylor, Thayer, Wells, White, Whitmire, Willis, Yow, Funderburk and Corley: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT THE SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT OF EDUCATION SERVING IN OFFICE ON THE DATE OF THE


Printed Page 1629 . . . . . Thursday, March 5, 2015

RATIFICATION OF THIS PROVISION, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW FOR THE DUTIES, COMPENSATION, AND QUALIFICATIONS FOR OFFICE, THE PROCEDURES BY WHICH THE APPOINTMENT IS MADE, AND THE PROCEDURES BY WHICH THE SUPERINTENDENT OF EDUCATION MAY BE REMOVED FROM OFFICE.

Rep. BANNISTER moved to adjourn debate on the Joint Resolution until Tuesday, March 17, which was agreed to.

H. 3142--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3142 (Word version) -- Reps. Ryhal, Clemmons, Hixon, Felder, Dillard, Knight and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3715 SO AS TO REGULATE THE OPERATION OF A MOPED ALONG CERTAIN PUBLIC ROADS; AND TO AMEND SECTIONS 56-5-3710, 56-5-3720, AND 56-5-3730, RELATING TO THE OPERATION OF A MOPED ALONG THE STATE'S HIGHWAYS, SO AS TO PROVIDE THAT BOTH A PERSON OPERATING A MOPED AND HIS PASSENGER MUST WEAR REFLECTIVE VESTS, TO REQUIRE THAT A MOPED SOLD IN THIS STATE MUST BE EQUIPPED WITH A REAR RED TAIL LIGHT THAT FLASHES CONTINUALLY WHILE THE MOPED IS IN MOTION, AND TO REQUIRE A MOPED'S REAR RED TAIL LIGHT THAT FLASHES CONTINUALLY TO BE TURNED ON AT ALL TIMES WHILE THE MOPED IS IN OPERATION.

Rep. W. J. MCLEOD proposed the following Amendment No. 1 to H. 3142 (COUNCIL\SWB\3142C001.SWB.CM15), which was adopted:
Amend the bill, as and if amended, Section 56-5-3715, as contained in SECTION 1, by striking Section 56-5-3715 and inserting:
/ "Section 56-5-3715.   It is unlawful for a person to operate a moped on the public roads in this State that have a speed limit of greater than fifty-five miles per hour. A moped is not prohibited from crossing an intersection at a public road with a speed limit in excess of fifty-five miles per hour."/


Printed Page 1630 . . . . . Thursday, March 5, 2015

Renumber sections to conform.
Amend title to conform.

Rep. BRANNON spoke in favor of the amendment.

Rep. HART moved to adjourn debate on the Bill until Tuesday, March 17.

Rep. ALLISON moved to table the motion.

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

Yeas 69; Nays 40

Those who voted in the affirmative are:

Alexander              Allison                Anthony
Atwater                Bales                  Ballentine
Bannister              Bedingfield            Bowers
Bradley                R. L. Brown            Burns
Chumley                Clary                  Clemmons
Cole                   Collins                Corley
Crosby                 Daning                 Dillard
Duckworth              Erickson               Felder
Finlay                 Forrester              Funderburk
Gagnon                 Gambrell               George
Goldfinch              Hardee                 Hardwick
Hayes                  Henderson              Henegan
Hiott                  Huggins                Jefferson
Johnson                Kirby                  Knight
Limehouse              Loftis                 Long
Lucas                  McCoy                  W. J. McLeod
V. S. Moss             Nanney                 Norman
Pitts                  Quinn                  Riley
Rivers                 Ryhal                  Sandifer
G. M. Smith            Sottile                Southard
Tallon                 Taylor                 Thayer
Tinkler                Wells                  Whipper
Whitmire               Willis                 Yow

Total--69


Printed Page 1631 . . . . . Thursday, March 5, 2015

Those who voted in the negative are:

Anderson               Bamberg                Bernstein
Brannon                Clyburn                H. A. Crawford
Delleney               Douglas                Govan
Hamilton               Hart                   Herbkersman
Hicks                  Hill                   Hixon
Hosey                  Kennedy                King
Lowe                   Mack                   McEachern
McKnight               M. S. McLeod           Merrill
Mitchell               D. C. Moss             Newton
Norrell                Ott                    Parks
Pope                   Ridgeway               Simrill
G. R. Smith            J. E. Smith            Spires
Stavrinakis            Toole                  Weeks
White

Total--40

So, the motion to adjourn debate was tabled.

The question then recurred to the adoption of Amendment No. 1.
The amendment was then adopted.

Rep. CLEMMONS proposed the following Amendment No. 4 to H. 3142 (COUNCIL\SWB\3142C002.SWB.CM15), which was adopted:
Amend the bill, as and if amended, by the following appropriately numbered SECTION:
/ SECTION   __.   The 1976 Code is amended by adding:

"Section 56-5-3765.   A moped, while traveling along a multi-lane highway, must be operated in the farthest right lane except when making a left turn." /
Renumber sections to conform.
Amend title to conform.

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

The question then recurred to the passage of the Bill.


Printed Page 1632 . . . . . Thursday, March 5, 2015

The yeas and nays were taken resulting as follows:

Yeas 79; Nays 34

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Bales                  Bannister
Bernstein              Bradley                Brannon
R. L. Brown            Burns                  Clary
Clemmons               Clyburn                Corley
Daning                 Dillard                Douglas
Duckworth              Erickson               Felder
Finlay                 Funderburk             Gagnon
Gambrell               George                 Gilliard
Goldfinch              Govan                  Hardee
Hardwick               Hayes                  Henderson
Henegan                Herbkersman            Hicks
Hiott                  Hixon                  Hodges
Hosey                  Howard                 Jefferson
King                   Kirby                  Knight
Limehouse              Loftis                 Long
Lowe                   Lucas                  Mack
McEachern              McKnight               M. S. McLeod
W. J. McLeod           Mitchell               D. C. Moss
V. S. Moss             Nanney                 Newton
Norman                 Norrell                Ott
Parks                  Pope                   Ridgeway
Rivers                 Ryhal                  Sandifer
Southard               Spires                 Tallon
Taylor                 Tinkler                Wells
Whipper                Whitmire               Willis
Yow

Total--79

Those who voted in the negative are:

Atwater                Ballentine             Bamberg
Bedingfield            Bingham                Bowers
Chumley                Cole                   Collins
H. A. Crawford         Crosby                 Delleney
Forrester              Hamilton               Hart
Hill                   Huggins                Johnson


Printed Page 1633 . . . . . Thursday, March 5, 2015

Kennedy                McCoy                  Merrill
Pitts                  Quinn                  Riley
Simrill                G. M. Smith            G. R. Smith
J. E. Smith            Sottile                Stavrinakis
Thayer                 Toole                  Weeks
White

Total--34

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

STATEMENT FOR THE JOURNAL

H. 3142 places safety restrictions on moped drivers. When government tries to keep you from hurting yourself, you lose a little bit of your liberty and privacy, a high price indeed for a pittance of safety. As Ludwig von Mises said in 1949, "whoever neglects [his personal responsibility] voluntarily surrenders his birthright to a self-appointed elite of supermen." My oath of office was to protect and defend the constitution, not to be an elite superman.

Rep. Jonathon Hill

OBJECTION TO MOTION

Rep. ALLISON asked unanimous consent that H. 3142 (Word version) be read a third time tomorrow.
Rep. HART objected.

H. 3165--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3165 (Word version) -- Reps. Tallon, Cole, Allison, Forrester and G. R. Smith: 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.

Rep. TALLON explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 105; Nays 0


Printed Page 1634 . . . . . Thursday, March 5, 2015

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Atwater                Bales
Ballentine             Bamberg                Bannister
Bedingfield            Bernstein              Bowers
Bradley                Brannon                R. L. Brown
Burns                  Clary                  Clemmons
Clyburn                Cobb-Hunter            Cole
Collins                Corley                 H. A. Crawford
Crosby                 Daning                 Delleney
Douglas                Duckworth              Erickson
Felder                 Finlay                 Forrester
Funderburk             Gagnon                 Gambrell
George                 Gilliard               Goldfinch
Govan                  Hamilton               Hardwick
Hayes                  Henderson              Henegan
Hicks                  Hill                   Hiott
Hixon                  Hodges                 Hosey
Huggins                Jefferson              Johnson
Kennedy                King                   Kirby
Knight                 Limehouse              Loftis
Long                   Lowe                   Lucas
Mack                   McCoy                  McEachern
McKnight               M. S. McLeod           W. J. McLeod
Merrill                Mitchell               D. C. Moss
V. S. Moss             Nanney                 Newton
Norman                 Norrell                Ott
Parks                  Pitts                  Pope
Quinn                  Ridgeway               Riley
Rivers                 Sandifer               Simrill
G. M. Smith            G. R. Smith            J. E. Smith
Sottile                Southard               Spires
Stavrinakis            Tallon                 Taylor
Thayer                 Toole                  Weeks
Wells                  Whipper                White
Whitmire               Willis                 Yow

Total--105


Printed Page 1635 . . . . . Thursday, March 5, 2015

Those who voted in the negative are:

Total--0

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

H. 3165--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. TALLON, with unanimous consent, it was ordered that H. 3165 (Word version) be read the third time tomorrow.

H. 3204--DEBATE ADJOURNED

The following Bill was taken up:

H. 3204 (Word version) -- Reps. Bernstein, J. E. Smith, Cobb-Hunter, M. S. McLeod and Jefferson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-185 SO AS TO ENACT THE "CERVICAL CANCER PREVENTION ACT", TO PROVIDE THAT BEGINNING WITH THE 2015-2016 SCHOOL YEAR, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY OFFER THE CERVICAL CANCER VACCINATION SERIES TO ADOLESCENT STUDENTS ENROLLING IN THE SEVENTH GRADE OF ANY PUBLIC OR PRIVATE SCHOOL IN THIS STATE, TO PROVIDE THAT NO STUDENT IS REQUIRED TO HAVE THE VACCINE BEFORE ENROLLING IN OR ATTENDING SCHOOL, TO PROVIDE THAT THE DEPARTMENT MAY DEVELOP AN INFORMATIONAL BROCHURE RELATED TO OFFERING THIS VACCINATION WITH SPECIFIC CONTENT REQUIREMENTS, TO DEFINE "CERVICAL CANCER VACCINATION SERIES", AND TO PROVIDE THAT IMPLEMENTATION OF THIS ACT IS CONTINGENT UPON RECEIPT OF FULL FUNDING BY STATE AND FEDERAL FUNDS.

Rep. DELLENEY moved to adjourn debate on the Bill until Tuesday, March 17.

Rep. J. E. SMITH moved to table the motion.


Printed Page 1636 . . . . . Thursday, March 5, 2015

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

Yeas 31; Nays 68

Those who voted in the affirmative are:

Alexander              Anthony                Bales
Bamberg                Bernstein              R. L. Brown
Clyburn                Cobb-Hunter            Douglas
Finlay                 Gilliard               Hayes
Hodges                 Hosey                  Jefferson
King                   Kirby                  Mack
McEachern              McKnight               M. S. McLeod
W. J. McLeod           Mitchell               Ott
Parks                  Quinn                  Ridgeway
J. E. Smith            Stavrinakis            Tinkler
Whipper

Total--31

Those who voted in the negative are:

Allison                Anderson               Atwater
Ballentine             Bannister              Bedingfield
Bingham                Bowers                 Bradley
Brannon                Burns                  Chumley
Clary                  Clemmons               Cole
Collins                Corley                 H. A. Crawford
Crosby                 Daning                 Delleney
Dillard                Duckworth              Erickson
Felder                 Forrester              Gagnon
Gambrell               Goldfinch              Hamilton
Henderson              Hicks                  Hill
Hiott                  Huggins                Johnson
Kennedy                Knight                 Limehouse
Loftis                 Long                   Lowe
Lucas                  McCoy                  Merrill
D. C. Moss             V. S. Moss             Nanney
Norman                 Pitts                  Riley
Rivers                 Sandifer               Simrill
G. M. Smith            G. R. Smith            Sottile
Southard               Tallon                 Taylor
Thayer                 Toole                  Weeks


Printed Page 1637 . . . . . Thursday, March 5, 2015

Wells                  White                  Whitmire
Willis                 Yow

Total--68

So, the House refused to table the motion.

The question then recurred to the motion to adjourn debate until Tuesday, March 17, which was agreed to.

H. 3343--DEBATE ADJOURNED

The following Bill was taken up:

H. 3343 (Word version) -- Reps. Huggins, Toole, Long, McCoy, Knight, R. L. Brown, Pope, Collins, Bingham, Stavrinakis and Yow: A BILL TO AMEND SECTION 47-3-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF EUTHANASIA THAT MAY BE USED TO KILL ANIMALS IMPOUNDED OR QUARANTINED IN ANIMAL SHELTERS, SO AS TO PROVIDE THAT THE USE OF BARBITURIC ACID DERIVATIVES, AND CARBON MONOXIDE GAS ARE NOT ALLOWABLE METHODS OF EUTHANASIA AND TO PROVIDE THAT THE USE OF SODIUM PENTOBARBITAL AND OTHER SUBSTANCES OR PROCEDURES THAT ARE HUMANE MAY BE USED TO PERFORM EUTHANASIA.

Rep. HUGGINS moved to adjourn debate on the Bill until Tuesday, March 17, which was agreed to.

Rep. SIMRILL moved that the House do now adjourn.

RATIFICATION OF ACTS

At 11:15 a.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R. 1, S. 8 (Word version)) -- Senators L. Martin, Campsen, Hembree, Setzler and Gregory: AN ACT TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON


Printed Page 1638 . . . . . Thursday, March 5, 2015

THE DATE OF THE RATIFICATION OF THIS PROVISION THE ADJUTANT GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM NOT COTERMINOUS WITH THE GOVERNOR, MAY BE REMOVED ONLY FOR CAUSE, AND THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW FOR THE TERM, DUTIES, COMPENSATION, AND QUALIFICATIONS FOR OFFICE, THE PROCEDURES BY WHICH THE APPOINTMENT IS MADE, AND THE PROCEDURES BY WHICH THE ADJUTANT GENERAL MAY BE REMOVED FROM OFFICE; AND TO RATIFY AN AMENDMENT TO SECTION 4, ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, TO UPDATE REFERENCES TO HIS TITLE AND PROVIDE THAT THE ADJUTANT GENERAL'S MILITARY RANK IS MAJOR GENERAL AS OPPOSED TO BRIGADIER GENERAL, AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, HE MUST BE APPOINTED BY THE GOVERNOR IN THE MANNER REQUIRED BY SECTION 7, ARTICLE VI.

(R. 2, S. 225 (Word version)) -- Senators Cromer and Setzler: A JOINT RESOLUTION TO SUSPEND PROVISO 105.15 OF PART 1B OF THE 2014-2015 APPROPRIATIONS ACT, RELATING TO REIMBURSEMENT RATES PAID TO PHARMACIES PARTICIPATING IN THE STATE HEALTH PLAN BY CATAMARAN, THE CONTRACTED PHARMACY BENEFIT MANAGER FOR THE PLAN.

(R. 3, S. 342 (Word version)) -- Senator Hayes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-21-225 SO AS TO REQUIRE FILING OF AN ANNUAL ENTERPRISE RISK REPORT BY THE ULTIMATE CONTROLLING PERSON OF AN INSURANCE HOLDING COMPANY, AND TO PROVIDE SPECIFIC REQUIREMENTS FOR THE CONTENT OF THE REPORT; BY ADDING SECTION 38-21-285 SO AS TO ENABLE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE TO PARTICIPATE IN CERTAIN SUPERVISORY COLLEGES, TO PROVIDE RELATED POWERS AND DUTIES, AND TO PROVIDE FOR THE PAYMENT OF RELATED EXPENSES; TO AMEND SECTION 38-21-10, AS


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AMENDED, RELATING TO DEFINITIONS IN THE INSURANCE HOLDING COMPANY REGULATORY ACT, SO AS TO DEFINE THE TERM "ENTERPRISE RISK"; TO AMEND SECTION 38-21-60, RELATING TO THE STATEMENT REQUIRED BY A PERSON SEEKING TO ACQUIRE CONTROL OF AN INSURER, SO AS TO IMPOSE CERTAIN NOTICE REQUIREMENTS; TO AMEND SECTION 38-21-70, RELATING TO THE CONTENTS OF A STATEMENT THAT MUST BE FILED BY A PERSON SEEKING TO ACQUIRE CONTROL OF AN INSURER, SO AS TO REVISE THE CONTENT REQUIREMENTS; TO AMEND SECTION 38-21-90, RELATING TO APPROVAL BY THE DIRECTOR OF THE ACQUISITION OF CONTROL OF AN INSURER, SO AS TO PROVIDE SPECIFIC REQUIREMENTS FOR PUBLIC HEARINGS WHERE APPROVAL OF MORE THAN ONE COMMISSIONER IS REQUIRED, AND TO DEFINE THE TERM "COMMISSIONER"; TO AMEND SECTION 38-21-110, RELATING TO VIOLATIONS OF CERTAIN PROVISIONS OF THE ACT, SO AS TO INCLUDE EFFECTUATION OF THE DIVESTITURE OF A DOMESTIC INSURER WITHOUT APPROVAL BY THE DIRECTOR OR HIS DESIGNEE; TO AMEND SECTION 38-21-125, RELATING TO ACQUISITIONS OF INSURERS EXEMPT FROM THE ACT, SO AS TO REMOVE CERTAIN ACQUISITIONS SUBJECT TO APPROVAL OR DISAPPROVAL BY THE DIRECTOR OR HIS DESIGNEE FROM THESE EXEMPTIONS; TO AMEND SECTION 38-21-130, RELATING TO THE REGISTRATION OF MEMBERS OF INSURANCE HOLDING COMPANY SYSTEMS, SO AS TO MAKE A TECHNICAL CORRECTION TO AN INCORRECT REFERENCE; TO AMEND SECTION 38-21-140, RELATING TO REQUIRED STATEMENTS OF REGISTERING MEMBERS OF INSURANCE HOLDING COMPANY SYSTEMS, SO AS TO ADD CERTAIN FINANCIAL STATEMENTS AND A STATEMENT CONCERNING THE GOVERNANCE AND INTERNAL CONTROLS OF THE INSURER BY ITS BOARD, AMONG OTHER THINGS; TO AMEND SECTION 38-21-220, RELATING TO DISCLAIMERS OF AFFILIATION, SO AS TO DELETE LANGUAGE REGARDING CERTAIN REGISTRATION AND REPORTING REQUIREMENTS, AND TO PROVIDE THAT A DISCLAIMER MUST BE CONSIDERED GRANTED ABSENT CERTAIN NOTIFICATION BY THE DIRECTOR, AND TO PROVIDE RELIEF FOR A DENIAL; TO AMEND SECTION 38-21-230, RELATING TO FAILURE TO TIMELY FILE A REGISTRATION STATEMENT OR


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AMENDMENT TO A REGISTRATION STATEMENT, SO AS TO INCLUDE ENTERPRISE RISK FILING; TO AMEND SECTION 38-21-250, RELATING TO STANDARDS FOR TRANSACTIONS BETWEEN REGISTERED INSUREDS AND THEIR AFFILIATES, SO AS TO PROVIDE THAT AGREEMENTS FOR COST-SHARING SERVICES AND MANAGEMENT MUST INCLUDE PROVISIONS REQUIRED BY REGULATION, TO INCLUDE AMENDMENTS OR MODIFICATIONS OF CERTAIN AFFILIATE AGREEMENTS AMONG TRANSACTIONS INVOLVING DOMESTIC INSURERS AND ANY PERSON IN AN INSURANCE HOLDING COMPANY SYSTEM THAT REQUIRES CERTAIN NOTICE TO THE DEPARTMENT, AND TO PROVIDE REQUIREMENTS FOR THIS NOTICE, AMONG OTHER THINGS; TO AMEND SECTION 38-21-280, RELATING TO THE POWER OF THE DIRECTOR TO COMPEL PRODUCTION OF CERTAIN INFORMATION FROM INSURERS, SO AS TO REVISE THE REQUIREMENTS; TO AMEND SECTION 38-21-290, RELATING TO CONFIDENTIAL INFORMATION, SO AS TO REVISE THE REQUIREMENTS TO MAKE THE INFORMATION PRIVILEGED AND NOT SUBJECT TO DISCOVERY OR THE FREEDOM OF INFORMATION ACT, AND TO PROVIDE FOR USE OF THIS INFORMATION BY THE DIRECTOR OR HIS DESIGNEE, AMONG OTHER THINGS, AND TO PROVIDE NEITHER THE DIRECTOR OR HIS DESIGNEE MAY BE REQUIRED TO TESTIFY ABOUT THIS INFORMATION IN A PRIVATE CIVIL ACTION; TO AMEND SECTION 38-21-340, RELATING TO CRIMINAL PROSECUTIONS AND VIOLATIONS, SO AS TO PROVIDE THAT CERTAIN VIOLATIONS MAY SERVE AS AN INDEPENDENT BASIS FOR THE DIRECTOR TO DISAPPROVE DIVIDENDS OR DISTRIBUTIONS AND FOR PLACING THE INSURER UNDER AN ORDER OF SUPERVISION; AND TO AMEND SECTION 38-90-160, AS AMENDED, RELATING TO THE APPLICABILITY OF CERTAIN PROVISIONS OF TITLE 38 TO RISK RETENTION GROUPS LICENSED AS A CAPTIVE INSURANCE COMPANY, SO AS TO MAKE CONFORMING CHANGES.

(R. 4, S. 364 (Word version)) -- Education Committee: A JOINT RESOLUTION TO EXTEND THE DEADLINE REQUIRING THE STATE BOARD OF EDUCATION TO APPROVE THE STATE READING PROFICIENCY PLAN FROM FEBRUARY 1, 2015, AS PROVIDED


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IN ACT 284 OF 2014, ALSO KNOWN AS THE "SOUTH CAROLINA READ TO SUCCEED ACT", TO JUNE 15, 2015.

(R. 5, H. 3519 (Word version)) -- Rep. Merrill: AN ACT TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON LOTTERIES AND THE EXCEPTIONS TO THIS PROHIBITION, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY AUTHORIZE RAFFLES TO BE OPERATED AND CONDUCTED BY RELIGIOUS, CHARITABLE, OR NONPROFIT ORGANIZATIONS FOR RELIGIOUS, CHARITABLE, OR ELEEMOSYNARY PURPOSES, AND BY GENERAL LAW MUST DEFINE THE TYPE OF ORGANIZATION AUTHORIZED TO CONDUCT RAFFLES, TO PROVIDE THE STANDARDS FOR THEIR CONDUCT AND MANAGEMENT, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE FOR ANY OTHER LAW NECESSARY TO ENSURE THE PROPER FUNCTIONING, HONESTY, INTEGRITY, AND CHARITABLE PURPOSES FOR WHICH THE RAFFLES ARE CONDUCTED.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3771 (Word version) -- Rep. Bales: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE SIGNIFICANT SERVICE OF TRI-COUNTY ELECTRIC COOPERATIVE AND TO CELEBRATE ITS SEVENTY-FIFTH ANNIVERSARY OF PROVIDING ELECTRICITY IN THE PALMETTO STATE.

ADJOURNMENT

At 12:15 p.m. the House, in accordance with the motion of Rep. WILLIS, adjourned in memory of Rodell Williams, to meet at 10:00 a.m. tomorrow.

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