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


Printed Page 2353 . . . . . Thursday, March 26, 2015

Thursday, March 26, 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 2 Kings 18:6: "For he held fast to the Lord; he did not depart from following him."

Let us pray. O Lord, You are with us wherever we go. Help these Representatives and staff to hold fast to You. As they go through the agenda of the day, hold them in Your care and guide them. For our Nation, President, State, Governor, Speaker, staff, and all who contribute to this cause, hold them fast and do not forsake them. 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 prayer. Amen.

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

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

MOTION ADOPTED

Rep. QUINN moved that when the House adjourns, it adjourn in memory of Barbara Bise of Lexington, which was agreed to.

HOUSE RESOLUTION

The following was introduced:

H. 3921 (Word version) -- Rep. Lucas: A HOUSE RESOLUTION TO RECOGNIZE BRADLEY S. WRIGHT FOR HIS YEARS OF SERVICE TO THE HOUSE OF REPRESENTATIVES, MOST RECENTLY AS GENERAL COUNSEL AND CHIEF OF STAFF OF THE OFFICE OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO


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WISH HIM WELL IN HIS NEW ENDEAVOR AS SPECIAL COUNSEL TO THE MCNAIR LAW FIRM.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3922 (Word version) -- Rep. Lucas: A HOUSE RESOLUTION TO RECOGNIZE GREGORY B. FOSTER FOR HIS SERVICE TO THE HOUSE OF REPRESENTATIVES AS DEPUTY CHIEF STAFF AND COMMUNICATIONS DIRECTOR OF THE OFFICE OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND TO WISH HIM THE BEST IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3923 (Word version) -- Reps. Govan, Hosey, Ott, Cobb-Hunter and Bamberg: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF DAVID L. NORMAN OF ORANGEBURG COUNTY AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3924 (Word version) -- Reps. Hayes and George: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF E. REAVES AVENUE FROM ITS INTERSECTION WITH FOREST DRIVE TO ITS INTERSECTION WITH JOAN DRIVE, THE PORTION OF JOAN DRIVE FROM ITS INTERSECTION WITH E. REAVES AVENUE TO ITS INTERSECTION WITH STAFFORD COURT, AND THE PORTION OF STAFFORD COURT FROM ITS INTERSECTION WITH JOAN DRIVE TO ITS INTERSECTION


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WITH UNITED STATES HIGHWAY 301 "SUPERINTENDENT D. RAY ROGERS II WAY" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THE INTERSECTION OF FOREST DRIVE AND E. REAVES AVENUE AND AT THE INTERSECTION OF UNITED STATES HIGHWAY 301 AND STAFFORD COURT THAT CONTAIN THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 3925 (Word version) -- Reps. V. S. Moss, 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, 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, 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 DECLARE APRIL 2015 AS "HOMESCHOOL RECOGNITION MONTH" IN SOUTH CAROLINA, TO RECOGNIZE THE DILIGENT EFFORTS OF HOMESCHOOLING PARENTS AND THE ACADEMIC SUCCESS OF THEIR STUDENTS, AND TO EXPRESS SINCERE APPRECIATION FOR THEIR FOCUS ON THE WELL-BEING AND OVERALL ACHIEVEMENTS OF THEIR CHILDREN.

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


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INTRODUCTION OF BILLS

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

H. 3926 (Word version) -- Rep. Willis: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO ADD LEGAL MANUALS AND EDUCATIONAL MATERIALS GENERATED BY THE DEPARTMENT OF MOTOR VEHICLES.
Referred to Committee on Education and Public Works

H. 3927 (Word version) -- Reps. Willis and Allison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 137 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SPECIAL PERSONALIZED MOTOR VEHICLE LICENSE PLATES; AND TO AMEND SECTION 56-3-2250, RELATING TO THE ISSUANCE OF SAMPLE LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO DELETE THE PROVISION THAT PROVIDES THAT IT IS UNLAWFUL TO DISPLAY A SAMPLE LICENSE PLATE ON A MOTOR VEHICLE AND THE PENALTY ASSOCIATED WITH THIS CRIME, TO PROVIDE THAT THE DEPARTMENT MAY RETAIN THE FEE THAT IS CHARGED FOR THE ISSUANCE OF THIS LICENSE PLATE, TO PROVIDE THAT THIS DEPARTMENT MAY ISSUE SOUVENIR LICENSE PLATES FOR ANY SPECIAL ORGANIZATIONAL LICENSE PLATE THAT IT PRODUCES, AND PERSONALIZED SPECIAL ORGANIZATIONAL SOUVENIR LICENSE PLATES FOR A FEE, TO PROVIDE FOR THE DISBURSEMENT OF THE FEES, TO PROVIDE THAT THESE LICENSE PLATES MAY BE DISPLAYED ONLY ON THE FRONT OF A MOTOR VEHICLE, AND TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION.
Referred to Committee on Education and Public Works

H. 3928 (Word version) -- Reps. Ryhal, Cobb-Hunter, Hardee, Anderson and Atwater: A BILL TO AMEND SECTION 40-22-2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSE OF CHAPTER 22, TITLE 40 CONCERNING THE REGULATION OF ENGINEERS AND SURVEYORS, SO AS TO PROVIDE THAT THE PRACTICE OF THE PROFESSION OF ENGINEERING AND


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SURVEYING IS SUBJECT TO REGULATION BY THIS STATE; TO AMEND SECTION 40-22-10, RELATING TO THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, SO AS TO PROVIDE ADDITIONAL QUALIFICATIONS; TO AMEND SECTION 40-22-20, RELATING TO DEFINITIONS, SO AS TO ADD, REDEFINE, AND DELETE DEFINITIONS; BY ADDING SECTION 40-22-35 SO AS TO SPECIFY THE MANNER IN WHICH A REGISTERED ENGINEER OR SURVEYOR MAY NEGOTIATE A CONTRACT FOR HIS PROFESSIONAL SERVICES; TO AMEND SECTION 40-22-50, RELATING TO DUTIES OF THE BOARD, SO AS TO PROVIDE THE BOARD SHALL MAINTAIN AND UPDATE, RATHER THAN ANNUALLY PREPARE, A ROSTER OF INFORMATION CONCERNING PROFESSIONAL ENGINEERS AND SURVEYORS; TO AMEND SECTION 40-22-60, RELATING TO THE DUTY OF THE BOARD TO PROMULGATE CERTAIN REGULATIONS, SO AS TO UPDATE A CROSS REFERENCE; TO AMEND SECTION 40-22-75, RELATING TO EMERGENCY WAIVER OF LICENSE REQUIREMENTS, SO AS TO LIMIT APPLICATION OF THIS WAIVER TO DECLARED NATIONAL OR STATE EMERGENCIES, AND TO PROVIDE A WAIVER MAY NOT EXCEED NINETY DAYS; TO AMEND SECTION 40-22-110, RELATING TO THE AUTOMATIC SUSPENSION OF THE LICENSE OF MENTALLY INCOMPETENT PERSONS, SO AS TO DELETE A REDUNDANCY; TO AMEND SECTION 40-22-220, RELATING TO ELIGIBILITY REQUIREMENTS FOR LICENSURE AS AN ENGINEER, SO AS TO REVISE EDUCATION REQUIREMENTS; TO AMEND SECTION 40-22-222, RELATING TO LICENSING OF EXISTING ENGINEERS, SO AS TO ADD AN OPTIONAL ACCREDITATION SOURCE FOR AN EDUCATION REQUIREMENT; TO AMEND SECTION 40-22-225, RELATING TO ELIGIBILITY REQUIREMENTS FOR LICENSURE AS A SURVEYOR, SO AS TO REVISE THE REQUIREMENTS; TO AMEND SECTION 40-22-230, RELATING TO APPLICATION REQUIREMENTS, SO AS TO REVISE THE REQUIREMENTS; TO AMEND SECTION 40-22-250, RELATING TO A CERTIFICATE OF AUTHORIZATION TO PRACTICE AS A FIRM, SO AS TO REVISE REQUIREMENTS FOR THE CERTIFICATE AND TO PROVIDE REQUIREMENTS THROUGH WHICH A LICENSEE MAY MAINTAIN A BRANCH OFFICE; TO AMEND SECTION 40-22-260, RELATING TO TEMPORARY LICENSES, SO AS TO REVISE CIRCUMSTANCES


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IN WHICH THE DEPARTMENT MAY GRANT A TEMPORARY LICENSE TO AN OUT-OF-STATE FIRM, AND TO PROVIDE REQUIREMENTS FOR SUBMISSION OF PLANS PRODUCED AND SUBMITTED FOR PERMITTING BY A PERSON HOLDING A TEMPORARY CERTIFICATE OF AUTHORIZATION; TO AMEND SECTION 40-22-270, RELATING TO SEALS OF LICENSEES, SO AS TO PROVIDE THE SEAL AND SIGNATURE OF A LICENSEE ON A DOCUMENT CONSTITUTES A CERTIFICATION THAT THE DOCUMENT WAS PREPARED BY THE LICENSEE OR UNDER HIS DIRECT SUPERVISION, AMONG OTHER THINGS; TO AMEND SECTION 40-22-280, AS AMENDED, RELATING TO EXCEPTIONS FROM THE APPLICABILITY OF THE CHAPTER, SO AS TO MODIFY THE EXEMPTIONS; AND TO AMEND SECTION 40-22-290, RELATING TO TIER A SURVEYING, SO AS TO EXEMPT THE CREATION OF NONTECHNICAL MAPS.
Referred to Committee on Labor, Commerce and Industry

ROLL CALL

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

Allison                Anderson               Anthony
Bales                  Bamberg                Bannister
Bernstein              Bingham                Bowers
Bradley                Brannon                G. A. Brown
R. L. Brown            Burns                  Chumley
Clary                  Clemmons               Clyburn
Cobb-Hunter            Cole                   Collins
Crosby                 Daning                 Delleney
Dillard                Douglas                Duckworth
Felder                 Finlay                 Forrester
Funderburk             Gagnon                 George
Gilliard               Goldfinch              Hamilton
Hardee                 Hardwick               Hart
Hayes                  Henderson              Henegan
Herbkersman            Hicks                  Hill
Hiott                  Hixon                  Hodges
Hosey                  Huggins                Jefferson
Johnson                King                   Kirby
Knight                 Limehouse              Loftis
Long                   Lucas                  Mack


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McEachern              McKnight               M. S. McLeod
D. C. Moss             V. S. Moss             Nanney
Norman                 Ott                    Pitts
Putnam                 Quinn                  Ridgeway
Riley                  Rivers                 Robinson-Simpson
Ryhal                  Sandifer               Simrill
G. R. Smith            J. E. Smith            Sottile
Southard               Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Tinkler                Toole
Weeks                  Wells                  Whipper
White                  Whitmire               Williams
Willis                 Yow

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, March 26.

Terry Alexander                   Todd Atwater
Christopher A. Corley             Heather Crawford
Shannon Erickson                  Jerry Govan
Leon Howard                       Ralph Kennedy
Phillip Lowe                      Walton J. McLeod
Harold Mitchell                   Joseph Neal
Weston Newton                     Mandy Powers Norrell

Total Present--112

LEAVE OF ABSENCE

The SPEAKER granted Rep. POPE a leave of absence for the day due to a prior commitment out of state.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. BALLENTINE a leave of absence for the day due to a business commitment.


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LEAVE OF ABSENCE

The SPEAKER granted Rep. G. M. SMITH a leave of absence for the day due to business reasons.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. Patricia W. Witherspoon of Columbia was the Doctor of the Day for the General Assembly.

ACTING SPEAKER HOSEY IN CHAIR

SPEAKER IN CHAIR

SPECIAL PRESENTATION

Rep. HIOTT presented to the House the Pickens High School Volleyball Team, coaches, and other school officials.

SPECIAL PRESENTATION

Rep. BERNSTEIN presented to the House the Spring Valley Girls Basketball Team, coaches, and 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 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


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or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSORS ADDED

Bill Number:   H. 3433 (Word version)
Date:   ADD:
03/26/15   KNIGHT, SANDIFER, GILLIARD, R. L. BROWN and WHIPPER

CO-SPONSORS ADDED

Bill Number:   H. 3909 (Word version)
Date:   ADD:
03/26/15   GAGNON and DILLARD

CO-SPONSOR REMOVED

Bill Number:   H. 3490 (Word version)
Date:   REMOVE:
03/26/15   KENNEDY

CO-SPONSOR REMOVED

Bill Number:   H. 3580 (Word version)
Date:   REMOVE:
03/26/15   NANNEY

SENT TO THE SENATE

The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate:

H. 3889 (Word version) -- Reps. Norrell and Long: A JOINT RESOLUTION TO PROVIDE FOR THE WAIVER OF ONE DAY THAT SCHOOLS IN LANCASTER 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.


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H. 3845--ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 3845 (Word version) -- Reps. Erickson, Bowers, Bradley and Newton: A JOINT RESOLUTION TO PROVIDE THAT THE SPEED LIMIT ALONG DR. MELLICHAMP DRIVE IN THE TOWN OF BLUFFTON IS FIFTEEN MILES PER HOUR AND THAT ANGLE PARKING IS ALLOWED ALONG THIS STREET, AND TO PROVIDE THAT THIS PROVISION SHALL REMAIN IN EFFECT UNTIL THE STATE TRANSFERS DR. MELLICHAMP DRIVE FROM THE STATE HIGHWAY SYSTEM TO BEAUFORT COUNTY.

The yeas and nays were taken resulting as follows:

Yeas 82; Nays 0

Those who voted in the affirmative are:

Anthony                Atwater                Bales
Bamberg                Bannister              Bingham
Bowers                 Bradley                Brannon
G. A. Brown            R. L. Brown            Burns
Chumley                Clemmons               Cole
Corley                 H. A. Crawford         Delleney
Dillard                Douglas                Duckworth
Erickson               Finlay                 Forrester
Funderburk             Gagnon                 George
Gilliard               Hart                   Henderson
Herbkersman            Hicks                  Hixon
Hodges                 Hosey                  Huggins
Johnson                Kennedy                Kirby
Limehouse              Loftis                 Long
Lowe                   Lucas                  Mack
McEachern              M. S. McLeod           W. J. McLeod
Mitchell               D. C. Moss             V. S. Moss
Nanney                 Newton                 Norman
Norrell                Ott                    Pitts
Putnam                 Quinn                  Robinson-Simpson
Rutherford             Ryhal                  Sandifer
Simrill                Sottile                Southard
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Tinkler                Toole                  Weeks


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Wells                  Whipper                White
Whitmire               Williams               Willis
Yow

Total--82

Those who voted in the negative are:

Total--0

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

H. 3845--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HERBKERSMAN, with unanimous consent, it was ordered that H. 3845 (Word version) be read the third time tomorrow.

H. 3879--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3879 (Word version) -- Reps. Herbkersman, Bowers, Bradley, Erickson, Hodges and Newton: A BILL TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ALONG BOUNDARY STREET IN THE TOWN OF BLUFFTON FROM ITS INTERSECTION WITH MAY RIVER ROAD TO ITS INTERSECTION WITH BRIDGE STREET, IS FIFTEEN MILES PER HOUR AND TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN FIFTEEN MILES PER HOUR AS THE MAXIMUM SPEED LIMIT.

The yeas and nays were taken resulting as follows:

Yeas 80; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anthony
Atwater                Bales                  Bannister
Bingham                Bowers                 Bradley
Brannon                G. A. Brown            R. L. Brown
Burns                  Clemmons               Clyburn


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Cole                   Corley                 Delleney
Dillard                Duckworth              Finlay
Forrester              Funderburk             Gagnon
George                 Gilliard               Hardee
Hardwick               Hart                   Hayes
Henderson              Henegan                Herbkersman
Hicks                  Hill                   Hixon
Hodges                 Huggins                Johnson
Kennedy                Kirby                  Limehouse
Loftis                 Long                   Lowe
Lucas                  Mack                   McEachern
M. S. McLeod           W. J. McLeod           Mitchell
D. C. Moss             V. S. Moss             Nanney
Newton                 Norman                 Norrell
Ott                    Pitts                  Putnam
Quinn                  Robinson-Simpson       Ryhal
Simrill                Sottile                Spires
Stavrinakis            Stringer               Tallon
Taylor                 Thayer                 Tinkler
Toole                  Weeks                  Wells
Whipper                White                  Whitmire
Willis                 Yow

Total--80

Those who voted in the negative are:

Total--0

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

H. 3879--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HERBKERSMAN, with unanimous consent, it was ordered that H. 3879 (Word version) be read the third time tomorrow.


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RETURNED TO THE SENATE WITH AMENDMENTS

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

S. 382 (Word version) -- Senators Matthews, Hutto, Williams, Courson, Hayes, Nicholson, Malloy, Pinckney, Setzler and Jackson: A JOINT RESOLUTION TO AUTHORIZE THE AGENCY HEAD OF SOUTH CAROLINA STATE UNIVERSITY TO INSTITUTE A MANDATORY FURLOUGH PROGRAM OF UP TO SEVEN DAYS IN FISCAL YEAR 2014-2015, AND TO PROVIDE CERTAIN REQUIREMENTS FOR THE FURLOUGH PROGRAM.

H. 3216--SENT TO THE SENATE

The following Bill was taken up:

H. 3216 (Word version) -- Reps. Long, Douglas and Hixon: A BILL TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTER CONTROL OFFICERS, SO AS TO PROVIDE THAT AN ANIMAL CONTROL OFFICER HAS THE SAME POWERS AND DUTIES AS A LITTER CONTROL OFFICER.

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

Yeas 84; Nays 1

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Atwater                Bales                  Bamberg
Bannister              Bingham                Bradley
Brannon                G. A. Brown            R. L. Brown
Burns                  Clary                  Clemmons
Clyburn                Cole                   Collins
Corley                 H. A. Crawford         Crosby
Daning                 Delleney               Douglas
Duckworth              Erickson               Felder
Finlay                 Forrester              Gagnon
George                 Gilliard               Goldfinch
Hardwick               Hart                   Hayes
Henderson              Hicks                  Hiott
Hixon                  Hodges                 Hosey


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Huggins                Johnson                Kennedy
King                   Kirby                  Knight
Loftis                 Long                   Lowe
Lucas                  Mack                   McEachern
M. S. McLeod           W. J. McLeod           Mitchell
D. C. Moss             V. S. Moss             Nanney
Norman                 Norrell                Ott
Pitts                  Putnam                 Quinn
Riley                  Ryhal                  Sandifer
Simrill                G. R. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Tinkler                Toole                  Wells
Whipper                Whitmire               Willis

Total--84

Those who voted in the negative are:

Yow

Total--1

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

SENT TO THE SENATE

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

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, 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.

H. 3668 (Word version) -- Reps. Pitts and Goldfinch: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-365, SO AS TO PROVIDE THAT ALL PERSONS MUST WEAR A HAT, COAT, OR VEST OF SOLID VISIBLE


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INTERNATIONAL ORANGE WHILE ON WILDLIFE MANAGEMENT AREA LANDS DURING DEER HUNTING SEASON.

H. 3762 (Word version) -- Reps. Hayes and Hiott: A BILL TO AMEND SECTION 50-11-2460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMAL TRAPS THAT ARE ALLOWED FOR TRAPPING, SO AS TO PROVIDE THAT A TRAP MAY BEAR ITS OWNER'S DEPARTMENT OF NATURAL RESOURCES-ISSUED CUSTOMER NUMBER.

H. 3888 (Word version) -- Reps. Cole, Allison, Brannon, Chumley, Forrester, Hicks, Mitchell and Tallon: A BILL TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO CONSOLIDATE AND RENAME CERTAIN PRECINCTS, AND TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.

H. 3558 (Word version) -- Reps. Ott, Toole, George, Hayes and Finlay: A BILL TO AMEND SECTION 56-5-4140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM GROSS WEIGHT OF VEHICLES, COMBINATIONS OF VEHICLES, AND THEIR LOADS THAT ARE PERMITTED TO TRAVEL ALONG THE STATE'S HIGHWAYS, SO AS TO PROVIDE THAT COTTON MODULAR VEHICLES ARE EXEMPT FROM AXLE SPACING REQUIREMENTS CONTAINED IN THIS SECTION, AND TO ESTABLISH A MAXIMUM WEIGHT FOR THESE VEHICLES; AND TO AMEND SECTION 57-3-160, RELATING TO THE ISSUANCE OF PERMITS BY THE DEPARTMENT OF TRANSPORTATION THAT ALLOW COTTON MODULAR VEHICLES TO OPERATE ALONG THE STATE'S PUBLIC HIGHWAYS, SO AS TO DELETE THE PROVISION THAT PROVIDES THAT THE PERMIT MUST BE CARRIED ON THESE VEHICLES.


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S. 196--CONFERENCE REPORT ADOPTED

CONFERENCE REPORT
S. 196 (Word version)
The General Assembly, Columbia, S.C., March 25, 2015

The COMMITTEE OF CONFERENCE, to whom was referred (Doc. No. H:\LEGWORK\ CONFREPORTS\MS\196C003.MS.AHB15. DOCX):

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, 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.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/     SECTION   1.   Section 14-7-1610(A) and (H) of the 1976 Code, as last amended by Act 82 of 2007, is further amended to read:


Printed Page 2369 . . . . . Thursday, March 26, 2015

"(A)   It is the intent of the General Assembly to enhance the grand jury system and to improve the ability of the State to detect and eliminate criminal activity. The General Assembly recognizes the great importance of having the federal authorities available for certain investigations. The General Assembly finds that crimes involving narcotics, dangerous drugs, or controlled substances, trafficking in persons, as well as crimes involving obscenity, often transpire or have significance in more than one county of this State. When this occurs, these crimes are most effectively detected and investigated by a grand jury system with the authority to cross county lines.

(H)   Accordingly, the General Assembly concludes that a state grand jury should be allowed to investigate certain crimes related to narcotics, dangerous drugs or controlled substances, criminal gang activity, trafficking in persons, and obscenity and also should be allowed to investigate crimes involving public corruption, election laws, and environmental offenses."

SECTION   2.   Section 14-7-1630(A) of the 1976 Code, as last amended by Act 280 of 2008, is further amended to read:

"(A)   The jurisdiction of a state grand jury impaneled pursuant to the provisions of this article extends throughout the State. The subject matter jurisdiction of a state grand jury in all cases is limited to the following offenses:

(1)   a crime involving narcotics, dangerous drugs, or controlled substances, or a crime arising out of or in connection with a crime involving narcotics, dangerous drugs, or controlled substances, including, but not limited to, money laundering as specified in Section 44-53-475, obstruction of justice, perjury or subornation of perjury, or any attempt, aiding, abetting, solicitation, or conspiracy to commit one of the aforementioned crimes, if the crime is of a multi-county nature or has transpired or is transpiring or has significance in more than one county of this State;

(2)   a crime involving criminal gang activity or a pattern of criminal gang activity pursuant to the provisions of Article 3, of Chapter 8, Title 16;

(3)   a crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615, a crime, statutory, common law or other, arising out of or in connection with a crime involving public corruption as defined in Section 14-7-1615, and any attempt, aiding,


Printed Page 2370 . . . . . Thursday, March 26, 2015

abetting, solicitation, or conspiracy to commit a crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615;

(4)   a crime involving the election laws, including, but not limited to, those named offenses as specified in Title 7, or a common law crime involving the election laws if not superseded, or a crime arising out of or in connection with the election laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the election laws;

(5)   a crime involving computer crimes, pursuant to Chapter 16, Title 16, or a conspiracy or solicitation to commit a crime involving computer crimes;

(6)   a crime involving terrorism, or a conspiracy or solicitation to commit a crime involving terrorism. Terrorism includes an activity that:

(a)   involves an act dangerous to human life that is a violation of the criminal laws of this State;

(b)   appears to be intended to:

(i)     intimidate or coerce a civilian population;

(ii)   influence the policy of a government by intimidation or coercion; or

(iii)   affect the conduct of a government by mass destruction, assassination, or kidnapping; and

(c)   occurs primarily within the territorial jurisdiction of this State;

(7)   a crime involving a violation of Chapter 1, Title 35 of the Uniform Securities Act, or a crime related to securities fraud or a violation of the securities laws;

(8)   a crime involving obscenity, including, but not limited to, a crime as provided in Article 3, Chapter 15, Title 16, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving obscenity;

(9)   a crime involving the knowing and wilful making of, aiding and abetting in the making of, or soliciting or conspiring to make a false, fictitious, or fraudulent statement or representation in an affidavit regarding an alien's lawful presence in the United States, as defined by law, if the number of violations exceeds twenty or if the public benefit received by a person from a violation or combination of violations exceeds twenty thousand dollars;

(10)   a crime involving financial identity fraud or identity fraud involving the false, fictitious, or fraudulent creation or use of documents used in an immigration matter as defined in Section 16-13-525, if the number of violations exceeds twenty, or if the value of the ascertainable


Printed Page 2371 . . . . . Thursday, March 26, 2015

loss of money or property suffered by a person or persons from a violation or combination of violations exceeds twenty thousand dollars;

(11)   a crime involving the knowing and wilful making of, aiding or abetting in the making of, or soliciting or conspiring to make a false, fictitious, or fraudulent statement or representation in a document prepared or executed as part of the provision of immigration assistance services in an immigration matter, as defined by law, if the number of violations exceeds twenty, or if a benefit received by a person from a violation or combination of violations exceeds twenty thousand dollars; and

(12)   a knowing and wilful crime involving actual and substantial harm to the water, ambient air, soil or land, or both soil and land. This crime includes a knowing and wilful violation of the Pollution Control Act, the Atomic Energy and Radiation Control Act, the State Underground Petroleum Environmental Response Bank Act, the State Safe Drinking Water Act, the Hazardous Waste Management Act, the Infectious Waste Management Act, the Solid Waste Policy and Management Act, the Erosion and Sediment Control Act, the South Carolina Mining Act, and the Coastal Zone Management Act, or a knowing and wilful crime arising out of or in connection with environmental laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a knowing and wilful crime involving the environment if the anticipated actual damages, including, but not limited to, the cost of remediation, are is two million dollars or more, as certified by an independent environmental engineer who must be contracted by the Department of Health and Environmental Control. If the knowing and wilful crime is a violation of federal law, then a conviction or an acquittal pursuant to federal law for the same act is a bar to the impaneling of a state grand jury pursuant to this section.; and

(13)   a crime involving or relating to the offense of trafficking in persons, as defined in Section 16-3-2020, when a victim is trafficked in more than one county or a trafficker commits the offense of trafficking in persons in more than one county."

SECTION   3.   Section 16-3-2010(7) of the 1976 Code, as added by Act 258 of 2012, is amended to read:

"(7)   'Sex trafficking' means the recruitment, harboring, transportation, provision, or obtaining of a person for one of the following when it is induced by force, fraud, or coercion or the person forced to perform performing the act is under the age of eighteen years


Printed Page 2372 . . . . . Thursday, March 26, 2015

and anything of value is given, promised to, or received, directly or indirectly, by another person:

(a)   criminal sexual conduct pursuant to Section 16-3-651;

(b)   criminal sexual conduct in the first degree pursuant to Section 16-3-652;

(c)   criminal sexual conduct in the second degree pursuant to Section 16-3-653;

(d)   criminal sexual conduct in the third degree pursuant to Section 16-3-654;

(e)   criminal sexual conduct with a minor pursuant to Section 16-3-655;

(f)   engaging a child for sexual performance pursuant to Section 16-3-810;

(g)   performance pursuant to Section 16-3-800;

(h)(g)   producing, directing, or promoting sexual performance by a child pursuant to Section 16-3-820;

(i)(h)   sexual battery pursuant to Section 16-3-651;

(j)(i)     sexual conduct pursuant to Section 16-3-800; or

(k)(j)   sexual performance pursuant to Section 16-3-800."

SECTION   4.   Article 19, Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Section 16-3-2100.   (A)   The following establishments are required to post the information contained in subsection (B)   regarding the National Human Trafficking Resource Center Hotline:

(1)   an establishment which has been declared a nuisance for prostitution pursuant to Chapter 43, Title 15;

(2)   an adult business, including a nightclub, bar, restaurant, or another similar establishment in which a person appears in a state of sexually explicit nudity, as defined in Section 16-15-375, or seminudity, as defined in Section 57-25-120;

(3)   businesses and establishments that offer massage or bodywork services by any person who is not licensed under Chapter 30, Title 40;

(4)   emergency rooms within any hospital;

(5)   urgent care centers;

(6)   any hotel, motel, room, or accommodation furnished to transients for which fees are charged in this State;

(7)   all agricultural labor contractors and agricultural labor transporters as defined pursuant to Section 41-27-120; and


Printed Page 2373 . . . . . Thursday, March 26, 2015

(8)   all airports, train stations, bus stations, rest areas, and truck stops.

(B)   The information must be posted in each public restroom for the business or establishment and a prominent location conspicuous to the public at the entrance of the establishment where posters and notices are customarily posted on a poster no smaller than eight and one-half by eleven inches in size and must state in both English and Spanish on the same poster information relevant to the hotline, including the following or language substantially similar:

'If you or someone you know is being forced to engage in any activity and cannot leave, whether it is commercial sex, housework, farm work, or any other activity, call the National Human Trafficking Resource Center Hotline at 1-888-373-7888 to access help and services. Victims of human trafficking are protected under federal law and the laws of South Carolina. The hotline is:

(1)   available twenty-four hours a day, seven days a week;

(2)   operated by a nonprofit, nongovernmental organization;

(3)   anonymous and confidential;

(4)   accessible in one hundred seventy languages;

(5)   able to provide help, referral to services, training, and general information.'

(C)   The Department of Revenue, the State Law Enforcement Division, and the Department of Transportation, as appropriate depending on the regulatory control or authority the respective department exercises over the establishment, are directed to provide each establishment with the notice required to be posted by this section. The departments shall post on the departments' websites a sample of the notice required to be posted which must be accessible for download. The business must download and post the notice in not less than sixteen point font.

(D)   The Department of Revenue, the State Law Enforcement Division, or the Department of Transportation, as appropriate, is authorized to issue a written warning to an establishment which fails to post the required notice provided in this section and may assess a fine of not more than fifty dollars for each subsequent violation. Each day that the establishment remains in violation of this section is considered a separate and distinct violation and the establishment may be fined accordingly.

(E)   The South Carolina Human Trafficking Task Force, Department of Revenue, and Department of Transportation are directed to collaborate on the design of the required notice to be posted and may


Printed Page 2374 . . . . . Thursday, March 26, 2015

partner to develop materials, and shall have the design finalized no later than one-hundred twenty days after the effective date of this section. Establishments required to post the notice must be in compliance no later than six months after the effective date of this action.

(F)   This section does not apply to establishments providing entertainment in theatres, concert halls, art centers, museums, or similar establishments that are devoted primarily to the arts or theatrical performances when the performances presented are expressing matters of serious literary, artistic, scientific, or political value."

SECTION   5.   Section 16-3-2050(B) and (C) of the 1976 Code, as added by Act 258 of 2012, is amended to read:

"(B)   The task force shall consist of, at a minimum, representatives from:

(1)   the Office of the Attorney General, who must be chair;

(2)   the South Carolina Labor, Licensing and Regulation;

(3)   the South Carolina Police Chiefs Association;

(4)   the South Carolina Sheriffs' Association;

(5)   the State Law Enforcement Division;

(6)   the Department of Health and Environmental Control Board;

(7)   the United States Department of Labor;

(8)   the State Office of Victim Assistance;

(9)(8)   the South Carolina Commission on Prosecution Coordination;

(10)(9)     the Department of Social Services;

(11)(10)   a representative from the Office of the Governor;

(12)(11)   a representative from the Department of Employment and Workforce; and

(13)(12)   two persons appointed by the Attorney General from nongovernmental organizations, especially those specializing in trafficking in persons, those representing diverse communities disproportionately affected by trafficking, agencies devoted to child services and runaway services, and academic researchers dedicated to the subject of trafficking in persons.

(C)   The Attorney General shall invite representatives of the United States Department of Labor, the United States Attorneys' offices, and of federal law enforcement agencies' offices within the State, including the Federal Bureau of Investigations and the United States Immigration and Customs Enforcement office, to be members of the task force."


Printed Page 2375 . . . . . Thursday, March 26, 2015

SECTION   6.A.   Section 8-30-10(A) of the 1976 Code, as added by Act 280 of 2008, is amended to read:

"(A)   The executive director of the State Commission for Minority Affairs, or a designee, shall establish and maintain a twenty-four hour toll free telephone number and electronic website to receive, record, collect, and report allegations of violations of federal immigration laws or related provisions of South Carolina law by any non-United States citizen or immigrant, and allegations of violations of any federal immigration laws or related provisions in South Carolina law against any non-United States citizen or immigrant. Such violations shall include, but are not limited to, E-Verify or other federal work authorization program violations, violations of Chapter 83 of Title 40 of this code relating to immigration assistance services, or any regulations enacted governing the operation of immigration assistance services, false or fraudulent statements made or documents filed in relation to an immigration matter, as defined by Section 40-83-20, violation of human trafficking laws, as defined in Section 16-3-930 16-3-2020, landlord tenant law violations, or violations of any law pertaining to the provision or receipt of public assistance benefits or public services."

B.     Section 16-1-60 of the 1976 Code, as last amended by Act 255 of 2012, is further amended to read:

"Section 16-1-60.   For purposes of definition under South Carolina law, a violent crime includes the offenses of: murder (Section 16-3-10); attempted murder (Section 16-3-29); assault and battery by mob, first degree, resulting in death (Section 16-3-210(B)), criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first, second, and third degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620); assault and battery of a high and aggravated nature (Section 16-3-600(B)); kidnapping (Section 16-3-910); trafficking in persons (Section 16-3-930 16-3-2020); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); carjacking (Section 16-3-1075); drug trafficking as defined in Section 44-53-370(e) or trafficking cocaine base as defined in Section 44-53-375(C); manufacturing or trafficking methamphetamine as defined in Section 44-53-375; arson in the first degree (Section


Printed Page 2376 . . . . . Thursday, March 26, 2015

16-11-110(A)); arson in the second degree (Section 16-11-110(B)); burglary in the first degree (Section 16-11-311); burglary in the second degree (Section 16-11-312(B)); engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); inflicting great bodily injury upon a child (Section 16-3-95(A)); allowing great bodily injury to be inflicted upon a child (Section 16-3-95(B)); criminal domestic violence of a high and aggravated nature (Section 16-25-65); abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F)); abuse or neglect of a vulnerable adult resulting in great bodily injury (Section 43-35-85(E)); taking of a hostage by an inmate (Section 24-13-450); detonating a destructive device upon the capitol grounds resulting in death with malice (Section 10-11-325(B)(1)); spousal sexual battery (Section 16-3-615); producing, directing, or promoting sexual performance by a child (Section 16-3-820); sexual exploitation of a minor first degree (Section 16-15-395); sexual exploitation of a minor second degree (Section 16-15-405); promoting prostitution of a minor (Section 16-15-415); participating in prostitution of a minor (Section 16-15-425); aggravated voyeurism (Section 16-17-470(C)); detonating a destructive device resulting in death with malice (Section 16-23-720(A)(1)); detonating a destructive device resulting in death without malice (Section 16-23-720(A)(2)); boating under the influence resulting in death (Section 50-21-113(A)(2)); vessel operator's failure to render assistance resulting in death (Section 50-21-130(A)(3)); damaging an airport facility or removing equipment resulting in death (Section 55-1-30(3)); failure to stop when signaled by a law enforcement vehicle resulting in death (Section 56-5-750(C)(2)); interference with traffic-control devices, railroad signs, or signals resulting in death (Section 56-5-1030(B)(3)); hit and run resulting in death (Section 56-5-1210(A)(3)); felony driving under the influence or felony driving with an unlawful alcohol concentration resulting in death (Section 56-5-2945(A)(2)); putting destructive or injurious materials on a highway resulting in death (Section 57-7-20(D)); obstruction of a railroad resulting in death (Section 58-17-4090); accessory before the fact to commit any of the above offenses (Section 16-1-40); and attempt to commit any of the above offenses (Section 16-1-80). Only those offenses specifically enumerated in this section are considered violent offenses."


Printed Page 2377 . . . . . Thursday, March 26, 2015

C.     Section 17-25-45(C)(1) of the 1976 Code is amended to read:

"(1)   'Most serious offense' means:

16-1-40         Accessory, for any offense enumerated in this item

16-1-80         Attempt, for any offense enumerated in this item

16-3-10         Murder

16-3-29         Attempted Murder

16-3-50         Voluntary manslaughter

16-3-85(A)(1)     Homicide by child abuse

16-3-85(A)(2)     Aiding and abetting homicide by child abuse

16-3-210         Lynching, First degree

16-3-210(B)     Assault and battery by mob, First degree

16-3-620         Assault and battery with intent to kill

16-3-652         Criminal sexual conduct, First degree

16-3-653         Criminal sexual conduct, Second degree

16-3-655         Criminal sexual conduct with minors, except where evidence presented at the criminal proceeding and the court, after the conviction, makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct where the victim was younger than the actor, as contained in Section 16-3-655(3)

16-3-656         Assault with intent to commit criminal sexual conduct, First and Second degree

16-3-910         Kidnapping

16-3-920         Conspiracy to commit kidnapping

16-3-930         Trafficking in persons

16-3-1075       Carjacking

16-3-2020       Trafficking in persons

16-11-110(A)     Arson, First degree

16-11-311       Burglary, First degree

16-11-330(A)     Armed robbery

16-11-330(B)     Attempted armed robbery

16-11-540       Damaging or destroying building, vehicle, or other property by means of explosive incendiary, death results

24-13-450       Taking of a hostage by an inmate

25-7-30         Giving information respecting national or state defense to foreign contacts during war

25-7-40         Gathering information for an enemy


Printed Page 2378 . . . . . Thursday, March 26, 2015

43-35-85(F)       Abuse or neglect of a vulnerable adult resulting in death

55-1-30(3)       Unlawful removing or damaging of airport facility or equipment when death results

56-5-1030(B)(3)   Interference with traffic-control devices or railroad signs or signals prohibited when death results from violation

58-17-4090       Obstruction of railroad, death results."

D.     Section 23-3-430(C)(17) of the 1976 Code, as last amended by Act 289 of 2010, is further amended to read:

"(17)   trafficking in persons (Section 16-3-930 16-3-2020) except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense;"

E.     Section 23-3-490(D)(1)(h) of the 1976 Code, as last amended by Act 289 of 2010, is further amended to read:

"(h)   trafficking in persons (Section 16-3-930 16-3-2020) except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense."

F.     Section 23-3-540(G)(1)(i) of the 1976 Code, as last amended by Act 255 of 2012, is further amended to read:

"(i)   trafficking in persons (Section 16-3-930 16-3-2020) of a person under eighteen years of age except when the court makes a finding on the record that the offense did not include a criminal sexual offense or an attempted criminal sexual offense; or"

G.     Section 44-53-370(f)(2) of the 1976 Code, as last amended by Act 289 of 2010, is further amended to read:

"(2)   trafficking in persons, Section 16-3-930 16-3-2020;"

SECTION   7.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under


Printed Page 2379 . . . . . Thursday, March 26, 2015

the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION   8.   This act takes effect upon approval by the Governor. /

Amend title to conform.

Senator C. Bradley Hutto          Representative J. David Weeks
Senator Shane R. Martin           Representative Edward R. Tallon, Sr.
Senator Paul Thurmond             Representative Ralph S. Kennedy, Jr.
On Part of the Senate.            On Part of the House.

Rep. WEEKS explained the Conference Report.

The yeas and nays were taken resulting as follows:

Yeas 101; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Atwater                Bales
Bamberg                Bannister              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                Duckworth
Felder                 Finlay                 Forrester
Funderburk             George                 Gilliard
Goldfinch              Hardwick               Hart
Hayes                  Henderson              Henegan
Herbkersman            Hicks                  Hiott
Hixon                  Hodges                 Hosey
Howard                 Huggins                Jefferson
Johnson                Kennedy                King


Printed Page 2380 . . . . . Thursday, March 26, 2015

Kirby                  Knight                 Limehouse
Loftis                 Long                   Lowe
Lucas                  Mack                   McEachern
M. S. McLeod           W. J. McLeod           Mitchell
D. C. Moss             V. S. Moss             Nanney
Newton                 Norman                 Norrell
Ott                    Pitts                  Putnam
Quinn                  Riley                  Rivers
Robinson-Simpson       Rutherford             Ryhal
Sandifer               Simrill                Sottile
Southard               Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Tinkler                Toole
Weeks                  Wells                  Whipper
White                  Whitmire               Williams
Willis                 Yow

Total--101

Those who voted in the negative are:

Total--0

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

H. 3396--DEBATE ADJOURNED

The following Bill was taken up:

H. 3396 (Word version) -- Reps. Sandifer, Horne, Bedingfield, Hamilton, Finlay, Merrill, Whitmire, Crosby, Hardwick, Duckworth, Allison, V. S. Moss, Norman, Quinn, Limehouse, Atwater, Willis, Spires, Sottile, Herbkersman, G. R. Smith, Clemmons, Henderson, Loftis, Taylor, Murphy, Tallon, Brannon, Erickson, Toole, Clary, Wells, D. C. Moss, Corley, Ryhal and Hardee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-378 SO AS TO PROVIDE THAT AN EMPLOYEE COVERED BY THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT, OR ANY OF ITS EXTENSIONS, OR THE MERCHANT MARINE ACT IS EXEMPT FROM WORKERS' COMPENSATION LAWS.


Printed Page 2381 . . . . . Thursday, March 26, 2015

Rep. SANDIFER moved to adjourn debate on the Bill until Tuesday, April 14, which was agreed to.

H. 3443--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3443 (Word version) -- Reps. Long, Erickson, Daning, Atwater, Bradley, Hixon, Newton, Ridgeway, Simrill, Spires, G. M. Smith, Weeks and Johnson: A BILL TO AMEND SECTION 40-37-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASING, POSSESSING, ADMINISTERING, SUPPLYING, AND PRESCRIBING OF CERTAIN PHARMACEUTICAL AGENTS BY OPTOMETRISTS AND THE PROHIBITION ON SCHEDULE I AND II CONTROLLED SUBSTANCES, SO AS TO CLARIFY THAT SCHEDULE II CONTROLLED SUBSTANCES THAT HAVE BEEN RECLASSIFIED FROM SCHEDULE III TO SCHEDULE II ON OR AFTER OCTOBER 6, 2014, MAY CONTINUE TO BE PURCHASED, POSSESSED, ADMINISTERED, SUPPLIED, AND PRESCRIBED BY AN OPTOMETRIST.

Rep. HART explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 99; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Atwater                Bales
Bamberg                Bannister              Bernstein
Bingham                Bowers                 Bradley
Brannon                R. L. Brown            Burns
Chumley                Clary                  Clemmons
Clyburn                Cobb-Hunter            Cole
Collins                Corley                 H. A. Crawford
Crosby                 Daning                 Delleney
Douglas                Duckworth              Erickson
Felder                 Finlay                 Forrester
Funderburk             Gagnon                 George
Gilliard               Goldfinch              Hardee
Hardwick               Hart                   Hayes
Henegan                Herbkersman            Hicks


Printed Page 2382 . . . . . Thursday, March 26, 2015

Hill                   Hiott                  Hixon
Hodges                 Hosey                  Howard
Huggins                Jefferson              Johnson
Kennedy                King                   Kirby
Knight                 Limehouse              Loftis
Long                   Lowe                   Lucas
Mack                   McEachern              M. S. McLeod
W. J. McLeod           D. C. Moss             Nanney
Norman                 Norrell                Ott
Pitts                  Putnam                 Quinn
Riley                  Rivers                 Robinson-Simpson
Ryhal                  Sandifer               Simrill
G. R. Smith            Sottile                Southard
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Tinkler                Toole                  Weeks
Wells                  Whipper                White
Whitmire               Willis                 Yow

Total--99

Those who voted in the negative are:

Total--0

So, the Bill 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. 3443. If I had been present, I would have voted in favor of the Bill.

Rep. Wm. Weston J. Newton

H. 3443--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HART, with unanimous consent, it was ordered that H. 3443 (Word version) be read the third time tomorrow.


Printed Page 2383 . . . . . Thursday, March 26, 2015

H. 3348--POINT OF ORDER

The following Bill was taken up:

H. 3348 (Word version) -- Reps. Spires and Toole: A BILL TO AMEND SECTION 40-43-83, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IN-STATE FACILITIES DEALING WITH PRESCRIPTION DRUGS IN A CERTAIN CAPACITY, SO AS TO APPLY NOTICE PROVISIONS TO OUT-OF-STATE FACILITIES THAT SIMILARLY DEAL WITH PRESCRIPTION DRUGS, TO PROVIDE ALL SUCH FACILITIES PERMITTED IN THIS STATE MUST PROVIDE NOTICE OF DISCIPLINARY ACTION TO THE PHARMACY BOARD, TO REQUIRE INSPECTIONS OF OUT-OF-STATE FACILITIES BY THE BOARD, TO PROVIDE AN OUT-OF-STATE FACILITY SHALL PAY CERTAIN FEES RELATED TO INSPECTIONS, TO PROVIDE FOR THE USE OF OUT-OF-STATE FACILITY INSPECTION FEES COLLECTED BY THE BOARD, TO PROVIDE THE BOARD MAY ENTER INTO MEMORANDUM OF UNDERSTANDING AGREEMENTS WITH THE REGULATORY AUTHORITY OF THE STATE IN WHICH AN OUT-OF-STATE FACILITY IS LOCATED TO CONDUCT INSPECTIONS OF THESE FACILITIES, AND TO PROVIDE THE BOARD MAY CONTRACT WITH A THIRD-PARTY TO INSPECT FACILITIES OF A LICENSEE; AND TO AMEND SECTION 40-43-89, RELATING TO WHOLESALE DISTRIBUTOR PERMITS, SO AS TO REQUIRE A MINIMUM SURETY BOND OR LETTER OF CREDIT, TO REQUIRE A CRIMINAL BACKGROUND CHECK OF THE APPLICANT, TO PROVIDE REQUIREMENTS FOR THE CERTIFICATION AND CONDUCT OF A DESIGNATED REPRESENTATIVE OF A WHOLESALE DISTRIBUTOR.

The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 to H. 3348 (COUNCIL\ AGM\3348C001.AGM.AB15)
Amend the bill, as and if amended, Section 40-43-83(L), as contained in SECTION 1, by deleting the subsection in its entirety and inserting:
/   (L)   All facilities permitted by this State shall notify the board within twenty-one days of receipt of any final order or final decision by a regulatory agency imposing disciplinary action on the facility. If the permit or registration in the state where the facility is located is suspended or revoked, then the facility's registration in this State immediately must be suspended or revoked for the same period of time.


Printed Page 2384 . . . . . Thursday, March 26, 2015

Failure to notify the board within twenty-one days will result in suspension pending board action. /
Amend the bill further, Section 40-43-89(A)(1)(e), as contained in SECTION 2, by deleting the subitem in its entirety and inserting:
/   (e)   evidence of:

(i)   a minimum one hundred thousand dollars surety bond or certified letter of credit for a facility with more than ten million dollars annual gross receipts; or

(ii)   a minimum twenty five thousand dollars surety bond or certified letter of credit for a facility with ten million dollars or less annual gross receipts; and /
Renumber sections to conform.
Amend title to conform.

Rep. HENDERSON explained the amendment.

POINT OF ORDER

Rep. WHITE 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. 3349--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3349 (Word version) -- Reps. Spires and Toole: A BILL TO AMEND SECTION 40-43-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA PHARMACY PRACTICE ACT, SO AS TO DEFINE ADDITIONAL TERMS; TO AMEND SECTION 40-43-86, RELATING TO COMPOUNDING PHARMACIES, SO AS TO REVISE MINIMUM GOOD COMPOUNDING PRACTICES, TO PROVIDE A PHARMACIST MUST PERFORM A FINAL CHECK ON A PREPARATION COMPOUNDED BY A PHARMACY TECHNICIAN, TO MODIFY REQUIREMENTS FOR AN AREA USED FOR COMPOUNDING IN A PHARMACY, TO PROVIDE PHARMACISTS SHALL ENSURE CERTAIN EXPECTED FEATURES OF INGREDIENTS USED IN A FORMULATION, TO PROVIDE A MEANS FOR DETERMINING THE MAXIMUM BEYOND-USE DATE OF AN EXCESS AMOUNT OF A SPECIFIC


Printed Page 2385 . . . . . Thursday, March 26, 2015

COMPOUND IN CERTAIN CIRCUMSTANCES, TO REQUIRE CERTAIN WRITTEN POLICIES AND PROCEDURES APPLICABLE TO A COMPOUNDING AREA, AND TO PROVIDE THAT MATERIAL DATA SAFETY MUST BE READILY ACCESSIBLE TO PHARMACY PERSONNEL WHO WORK WITH DRUG SUBSTANCES OR BULK CHEMICALS, AND TO DELETE OBSOLETE LANGUAGE; AND TO AMEND SECTION 40-43-88, RELATING TO THE HANDLING OF STERILE PREPARATION BY PHARMACIES, SO AS TO REVISE ASSOCIATED STANDARDS AND TO BROADEN THE APPLICATION OF THESE STANDARDS TO INCLUDE OTHER FACILITIES PERMITTED BY THE BOARD, AMONG OTHER THINGS.

Rep. HENDERSON explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 104; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Atwater                Bales
Bamberg                Bannister              Bernstein
Bingham                Bowers                 Bradley
G. A. Brown            R. L. Brown            Burns
Chumley                Clary                  Clemmons
Clyburn                Cole                   Collins
Corley                 H. A. Crawford         Crosby
Daning                 Delleney               Dillard
Douglas                Duckworth              Erickson
Felder                 Finlay                 Forrester
Funderburk             Gagnon                 George
Gilliard               Goldfinch              Hardee
Hardwick               Hart                   Hayes
Henderson              Henegan                Herbkersman
Hicks                  Hill                   Hixon
Hodges                 Hosey                  Howard
Huggins                Jefferson              Johnson
Kennedy                King                   Kirby
Knight                 Limehouse              Loftis
Long                   Lowe                   Lucas
Mack                   McEachern              McKnight


Printed Page 2386 . . . . . Thursday, March 26, 2015

M. S. McLeod           W. J. McLeod           D. C. Moss
V. S. Moss             Nanney                 Newton
Norman                 Norrell                Ott
Pitts                  Putnam                 Quinn
Ridgeway               Riley                  Rivers
Robinson-Simpson       Rutherford             Ryhal
Sandifer               Simrill                G. R. Smith
J. E. Smith            Sottile                Southard
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Tinkler
Toole                  Weeks                  Wells
White                  Whitmire               Williams
Willis                 Yow

Total--104

Those who voted in the negative are:

Total--0

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

H. 3349--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HENDERSON, with unanimous consent, it was ordered that H. 3349 (Word version) be read the third time tomorrow.

H. 3547--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3547 (Word version) -- Reps. J. E. Smith and Yow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-1-2350, SO AS TO PROVIDE THAT THE REEMPLOYMENT RIGHTS AND PROTECTIONS GRANTED TO MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD AND SOUTH CAROLINA STATE GUARD WHO SERVE STATE DUTY SHALL APPLY ALSO TO A PERSON WHO IS EMPLOYED IN SOUTH CAROLINA BUT IS A MEMBER OF ANOTHER STATE'S NATIONAL GUARD OR STATE GUARD.

Rep. DOUGLAS explained the Bill.


Printed Page 2387 . . . . . Thursday, March 26, 2015

The yeas and nays were taken resulting as follows:

Yeas 103; Nays 0

Those who voted in the affirmative are:

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

Total--103


Printed Page 2388 . . . . . Thursday, March 26, 2015

Those who voted in the negative are:

Total--0

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

H. 3547--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. DOUGLAS, with unanimous consent, it was ordered that H. 3547 (Word version) be read the third time tomorrow.

H. 3683--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3683 (Word version) -- Reps. Williams, Hosey, Gilliard, Mack and Yow: A BILL TO AMEND SECTION 25-1-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL POWERS AND DUTIES OF THE ADJUTANT GENERAL, SO AS TO REQUIRE THE ADJUTANT GENERAL TO SUBMIT AN ANNUAL REPORT TO THE GENERAL ASSEMBLY.

Rep. DOUGLAS explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 104; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Atwater                Bales
Bamberg                Bannister              Bernstein
Bingham                Bowers                 Bradley
G. A. Brown            R. L. Brown            Burns
Chumley                Clary                  Clyburn
Cobb-Hunter            Cole                   Collins
Corley                 H. A. Crawford         Crosby
Daning                 Delleney               Dillard
Douglas                Duckworth              Erickson
Felder                 Finlay                 Forrester
Funderburk             Gagnon                 George
Gilliard               Goldfinch              Govan
Hardee                 Hardwick               Hart


Printed Page 2389 . . . . . Thursday, March 26, 2015

Hayes                  Henderson              Henegan
Herbkersman            Hicks                  Hill
Hixon                  Hodges                 Hosey
Howard                 Huggins                Jefferson
Johnson                Kennedy                King
Kirby                  Knight                 Limehouse
Loftis                 Long                   Mack
McEachern              McKnight               M. S. McLeod
W. J. McLeod           Mitchell               D. C. Moss
V. S. Moss             Nanney                 Newton
Norman                 Norrell                Ott
Pitts                  Putnam                 Quinn
Ridgeway               Riley                  Rivers
Robinson-Simpson       Ryhal                  Simrill
G. R. Smith            J. E. Smith            Sottile
Southard               Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Tinkler                Toole
Weeks                  Wells                  Whipper
White                  Whitmire               Williams
Willis                 Yow

Total--104

Those who voted in the negative are:

Total--0

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

H. 3683--ORDERED TO BE READ
THIRD TIME TOMORROW

On motion of Rep. DOUGLAS, with unanimous consent, it was ordered that H. 3683 (Word version) be read the third time tomorrow.

H. 3433--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3433 (Word version) -- Reps. Erickson, Weeks, Cobb-Hunter, McCoy, Douglas, Kennedy, Long, Lucas, M. S. McLeod, Ridgeway, Tallon, Thayer, Felder, Pope, J. E. Smith, King, Howard, Parks, Ott, Jefferson,


Printed Page 2390 . . . . . Thursday, March 26, 2015

Bernstein, Rivers, Southard, Tinkler, Henegan, Kirby, Bales, Neal, Henderson, Herbkersman, Merrill, G. R. Smith, Bradley, Bannister, H. A. Crawford, Newton, Clemmons, Nanney, Wells, Quinn, Whitmire, Bingham, Stringer, Atwater, Hicks, Mitchell, Funderburk, Norrell, Knight, Sandifer, Gilliard, R. L. Brown and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "DOMESTIC VIOLENCE REFORM ACT"; TO AMEND SECTION 16-25-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF DOMESTIC VIOLENCE OFFENSES, SO AS TO DEFINE OTHER NECESSARY TERMS; TO AMEND SECTION 16-25-20, AS AMENDED, RELATING TO DOMESTIC VIOLENCE OFFENSES, SO AS TO RESTRUCTURE THE OFFENSES BY GRADUATING THE PENALTIES INTO DEGREES, DEFINE THE ELEMENTS OF EACH DEGREE, AND PROVIDE A NEW PENALTY STRUCTURE; TO AMEND SECTION 16-25-65, AS AMENDED, RELATING TO DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, SO AS TO RESTRUCTURE THE OFFENSE, REDEFINE THE ELEMENTS OF THE OFFENSE, TO RESTRUCTURE THE PENALTY, AND TO PROVIDE THAT AS A CONDITION OF BOND FOR THIS OFFENSE, THE JUDGE MAY PROVIDE THAT THE OFFENDER MAY NOT SHIP, TRANSPORT, POSSESS, OR RECEIVE A FIREARM OR AMMUNITION WHILE THE OFFENDER IS UNDER BOND; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO CRIMES DEFINED AS VIOLENT, SO AS TO INCLUDE DOMESTIC VIOLENCE IN THE FIRST DEGREE AS A VIOLENT CRIME; TO AMEND SECTION 17-25-45, RELATING TO OFFENSES DEFINED AS "MOST SERIOUS" AND "SERIOUS", SO AS TO ADD THE OFFENSES OF DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND DOMESTIC VIOLENCE IN THE FIRST DEGREE TO THE LIST OF "SERIOUS" OFFENSES; TO AMEND SECTION 16-3-600, AS AMENDED, RELATING TO ASSAULT AND BATTERY OFFENSES, SO AS TO REVISE THE DEFINITION OF "MODERATE BODILY INJURY"; TO AMEND SECTION 22-3-546, RELATING TO THE AUTHORIZATION OF CIRCUIT SOLICITORS, IN THEIR DISCRETION, TO ESTABLISH A PROGRAM FOR PROSECUTION OF FIRST OFFENSE DOMESTIC VIOLENCE OFFENSES, SO AS TO EXPAND THE PROGRAMS TO INCLUDE ALL MISDEMEANOR DOMESTIC VIOLENCE OFFENSES; TO AMEND SECTION 22-5-530, AS AMENDED, RELATING TO DEPOSITS IN


Printed Page 2391 . . . . . Thursday, March 26, 2015

LIEU OF RECOGNIZANCE AND PAYMENT TO A JAIL OR CORRECTIONAL FACILITY TO SECURE IMMEDIATE RELEASE, SO AS TO PROVIDE THAT THE PROVISIONS OF THE SECTION DO NOT APPLY TO A PERSON CHARGED WITH A DOMESTIC VIOLENCE OFFENSE AND SUCH A PERSON IS EXPRESSLY PROHIBITED FROM MAKING A DEPOSIT IN LIEU OF RECOGNIZANCE TO SECURE IMMEDIATE RELEASE; TO AMEND SECTION 17-15-30 AND SECTION 22-5-510, BOTH AS AMENDED, RELATING TO MATTERS TO BE CONSIDERED WHEN DETERMINING CONDITIONS OF RELEASE ON BOND AND BOND HEARINGS AND INFORMATION TO BE PROVIDED TO THE COURT, RESPECTIVELY, BOTH SO AS TO REQUIRE THE COURT TO CONSIDER IF RELEASE ON BOND WOULD CONSTITUTE AN UNREASONABLE DANGER TO THE COMMUNITY OR AN INDIVIDUAL, TO PROVIDE THAT WHEN A PERSON IS CHARGED WITH A VIOLATION OF CERTAIN DOMESTIC VIOLENCE OFFENSES THAT A BOND HEARING MAY NOT PROCEED WITHOUT THE PERSON'S CRIMINAL RECORD AND INCIDENT REPORT, OR THE PRESENCE OF THE ARRESTING OFFICER, TO REQUIRE BOND HEARINGS FOR THESE VIOLATIONS TO BE HELD WITHIN TWENTY-FOUR HOURS AFTER ARREST, AND TO PROVIDE THAT FAILURE OF A PARTY TO ADHERE TO A CONDITION OF BOND MAY RESULT IN THE ISSUANCE OF A BENCH WARRANT FOR CONTEMPT; TO AMEND SECTION 17-15-10, RELATING TO PERSONS WHO MAY BE RELEASED PENDING TRIAL, SO AS TO REQUIRE THE COURT TO CONSIDER IF RELEASE ON BOND WOULD CONSTITUTE AN UNREASONABLE DANGER TO THE COMMUNITY OR AN INDIVIDUAL; TO AMEND SECTION 16-25-120, AS AMENDED, RELATING TO THE RELEASE OF A PERSON ON BOND WHO IS CHARGED WITH A VIOLENT OFFENSE OR WHEN THE VICTIM IS A HOUSEHOLD MEMBER, SO AS TO PROVIDE THAT THE COURT MUST CONSIDER CERTAIN FACTORS BEFORE RELEASING A PERSON ON BOND; TO AMEND SECTION 17-15-50, RELATING TO AMENDMENT OF AN ORDER RELATING TO BOND, SO AS TO CLARIFY THAT THE COURT WITH JURISDICTION OF THE OFFENSE MAY AMEND THE ORDER AT ANY TIME; TO AMEND SECTION 17-15-55, AS AMENDED, RELATING TO BOND AND THE AUTHORITY OF THE CIRCUIT COURT TO REVOKE BOND UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE FOR THE PURPOSE OF


Printed Page 2392 . . . . . Thursday, March 26, 2015

BOND REVOCATION ONLY THAT A SUMMARY COURT HAS CONCURRENT JURISDICTION WITH THE CIRCUIT COURT FOR TEN DAYS FROM THE DATE BOND IS FIRST SET ON A CHARGE BY THE SUMMARY COURT TO DETERMINE IF BOND SHOULD BE REVOKED; TO AMEND SECTION 16-25-20, AS AMENDED, RELATING TO DOMESTIC VIOLENCE OFFENSES, SO AS TO AUTHORIZE A JUDGE TO PROCEED WITH THE PROSECUTION OF A DOMESTIC VIOLENCE OFFENSE WITHOUT THE VICTIM PRESENT AND TO REQUIRE A JUDGE TO MAKE CERTAIN INQUIRIES AND WRITTEN FINDINGS REGARDING WHETHER THE PROSECUTION IS READY TO PROCEED AND THE TYPE OF EVIDENCE THE PROSECUTION IS PREPARED TO PRESENT; TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO WARRANTLESS ARREST OR SEARCH FOR A DOMESTIC VIOLENCE OFFENSE, SO AS TO REQUIRE THAT THE MANDATED LAW ENFORCEMENT INVESTIGATION OF A DOMESTIC VIOLENCE OFFENSE MUST BE DOCUMENTED ON AN INCIDENT REPORT FORM WHICH MUST BE MAINTAINED BY THE INVESTIGATING AGENCY; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES IN CONSULTATION WITH THE SOUTH CAROLINA VOUCHER PROGRAM TO PROVIDE CERTAIN CHILDCARE SERVICES TO VICTIMS OF DOMESTIC VIOLENCE TO ENCOURAGE PARTICIPATION IN COURT HEARINGS RELATING TO DOMESTIC VIOLENCE; TO AMEND SECTION 17-22-90, RELATING TO PRETRIAL INTERVENTION PROGRAMS, SO AS TO REQUIRE THE DOMESTIC VIOLENCE FATALITY ADVISORY COMMITTEE TO DEVELOP AND THE ATTORNEY GENERAL TO APPROVE A BATTERER'S TREATMENT PROGRAM FOR USE AS PART OF PRETRIAL INTERVENTION FOR CERTAIN DOMESTIC VIOLENCE OFFENSES AND TO ALLOW THE COURT TO DESIGNATE A SPECIFIC BATTERER'S TREATMENT PROGRAM; BY ADDING ARTICLE 3 TO CHAPTER 25, TITLE 16 SO AS TO CREATE THE DEPARTMENT OF DOMESTIC VIOLENCE FATALITIES OF THE OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA WHOSE PURPOSE IS TO INVESTIGATE FATALITIES RESULTING FROM DOMESTIC VIOLENCE, TO REQUIRE THE ATTORNEY GENERAL TO OVERSEE THESE INVESTIGATIONS AND THE OVERALL OPERATION OF THE DEPARTMENT, AND TO PROVIDE FOR THE DEPARTMENT'S DUTIES AND POWERS; TO CREATE THE DOMESTIC VIOLENCE


Printed Page 2393 . . . . . Thursday, March 26, 2015

FATALITY ADVISORY COMMITTEE WHOSE PURPOSE IS TO DECREASE FATALITIES RESULTING FROM DOMESTIC VIOLENCE AND TO PROVIDE FOR THE COMMITTEE'S MEMBERSHIP, DUTIES, AND POWERS; AND TO EXEMPT CERTAIN MEETINGS AND INFORMATION FROM THE APPLICABILITY OF THE FREEDOM OF INFORMATION ACT AND PROVIDE FOR CONFIDENTIALITY OF CERTAIN INFORMATION RELATED TO THE INVESTIGATION AND REVIEW OF INCIDENCES OF DOMESTIC VIOLENCE BY THE DEPARTMENT AND COMMITTEE; BY ADDING ARTICLE 5 TO CHAPTER 25, TITLE 16 SO AS TO RECODIFY THE PROVISIONS OF SECTION 43-1-260, RELATING TO COMMUNITY DOMESTIC VIOLENCE COORDINATING COUNCILS, WITHIN ARTICLE 5; TO REPEAL SECTION 43-1-260 RELATING TO COMMUNITY DOMESTIC VIOLENCE COORDINATING COUNCILS; TO AMEND SECTION 59-32-30, AS AMENDED, RELATING TO SUBJECTS TAUGHT IN THE COMPREHENSIVE HEALTH EDUCATION PROGRAM, SO AS TO ADD THE SUBJECT OF DOMESTIC VIOLENCE BEGINNING WITH THE 2016-2017 SCHOOL YEAR; AND TO STRIKE THE WORD "CRIMINAL" FROM REFERENCES TO CRIMINAL DOMESTIC VIOLENCE OFFENSES THROUGHOUT AS APPROPRIATE.

Reps. ERICKSON, COBB-HUNTER, DOUGLAS, CROSBY, DANING, BALES, ANTHONY, LONG, HERBKERSMAN, JEFFERSON, W. J. MCLEOD, YOW, WHITMIRE, SANDIFER, GOLDFINCH, ANDERSON, LOFTIS, H. A. CRAWFORD, HART, FINLAY, KING, MCEACHERN, PUTNAM, GAGNON, MCKNIGHT, MITCHELL, HOSEY, CLYBURN, R. L. BROWN, TALLON, ALLISON, FORRESTER, GILLIARD, CORLEY, CLARY, SOTTILE, MACK, HICKS, CHUMLEY, KENNEDY, SPIRES, NANNEY, WEEKS, FUNDERBURK, NORRELL, ROBINSON-SIMPSON, DILLARD, V. S. MOSS, G. R. SMITH and KNIGHT requested debate on the Bill.

H. 3914--ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 3914 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL


Printed Page 2394 . . . . . Thursday, March 26, 2015

CONTROL, RELATING TO PARTICLE ACCELERATORS (TITLE C), DESIGNATED AS REGULATION DOCUMENT NUMBER 4482, 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 63; Nays 35

Those who voted in the affirmative are:

Alexander              Anderson               Anthony
Atwater                Bales                  Bamberg
Bannister              Bernstein              Bowers
G. A. Brown            R. L. Brown            Clary
Clyburn                Cobb-Hunter            Cole
Collins                Crosby                 Daning
Dillard                Douglas                Erickson
Finlay                 George                 Gilliard
Govan                  Hardee                 Hart
Hayes                  Henegan                Herbkersman
Hodges                 Hosey                  Howard
Huggins                Jefferson              King
Kirby                  Knight                 Limehouse
Lucas                  Mack                   McEachern
McKnight               M. S. McLeod           W. J. McLeod
Mitchell               V. S. Moss             Newton
Ott                    Quinn                  Ridgeway
Robinson-Simpson       Rutherford             Ryhal
Sottile                Southard               Spires
Stavrinakis            Tinkler                Weeks
Whipper                Williams               Yow

Total--63

Those who voted in the negative are:

Allison                Bingham                Bradley
Burns                  Chumley                Clemmons
Corley                 H. A. Crawford         Delleney
Duckworth              Felder                 Forrester
Gagnon                 Goldfinch              Hicks


Printed Page 2395 . . . . . Thursday, March 26, 2015

Hixon                  Loftis                 D. C. Moss
Nanney                 Norman                 Pitts
Putnam                 Riley                  Sandifer
Simrill                G. R. Smith            Stringer
Tallon                 Taylor                 Thayer
Toole                  Wells                  White
Whitmire               Willis

Total--35

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

H. 3914--ORDERED TO BE READ
THIRD TIME TOMORROW

On motion of Rep. HART, with unanimous consent, it was ordered that H. 3914 (Word version) be read the third time tomorrow.

RECURRENCE TO THE MORNING HOUR

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3929 (Word version) -- Rep. W. J. McLeod: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE CARRYING BOUNDARY STREET OVER THE CSX AND NORFOLK SOUTHERN RAILROAD TRACKS IN THE CITY OF NEWBERRY AS THE "COUNTY COUNCILMAN JOHN E. CALDWELL BRIDGE" IN HONOR OF FORMER NEWBERRY COUNTY COUNCILMAN JOHN E. CALDWELL AND TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.


Printed Page 2396 . . . . . Thursday, March 26, 2015

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 602 (Word version) -- Senator Allen: A CONCURRENT RESOLUTION TO HONOR LAILA ALI, BOXING CHAMPION, TELEVISION PERSONALITY, AND HEALTH ADVOCATE, AND TO EXTEND TO HER A CORDIAL WELCOME TO THE PALMETTO STATE UPON THE OCCASION OF HER ADDRESS TO THE NINTH ANNUAL GREENVILLE HEALTH SYSTEM MINORITY HEALTH SUMMIT ON APRIL 11, 2015.

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

INTRODUCTION OF BILLS

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

H. 3930 (Word version) -- Reps. Weeks and J. E. Smith: A BILL TO AMEND SECTION 16-3-2020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES INVOLVING TRAFFICKING IN PERSONS, SO AS TO PROVIDE CIRCUMSTANCES WHEN A PERSON IS CONSIDERED A TRAFFICKER IN PERSONS, TO PROHIBIT A VICTIM IN TRAFFICKING FROM BEING CONVICTED OF A VIOLATION OF TRAFFICKING IN PERSONS OR OF PROSTITUTION UNDER CERTAIN CIRCUMSTANCES, AND TO CLARIFY THAT A VICTIM'S SEXUAL HISTORY OR HISTORY OF COMMERCIAL SEXUAL ACTIVITY ARE NOT ADMISSIBLE BY A DEFENDANT IN A CRIMINAL ACTION; TO AMEND SECTION 16-3-2030, RELATING TO CRIMINAL LIABILITY OF PRINCIPAL OWNERS OF A BUSINESS OR OTHER ENTITY, SO AS TO PROVIDE THAT THE COURT MAY CONSIDER DISGORGEMENT OF PROFIT FROM THE PROHIBITED ACTIVITY AND BAR THE BUSINESS OR ENTITY INVOLVED FROM STATE AND LOCAL GOVERNMENT CONTRACTS; TO AMEND SECTION 16-3-2040, RELATING TO RESTITUTION FOR VICTIMS OF TRAFFICKING IN PERSONS, SO AS TO INCLUDE ATTORNEY'S FEES AND AN AMOUNT REPRESENTING THE VALUE OF THE VICTIM'S LABOR OR SERVICES AS RECOVERABLE; TO AMEND SECTION 16-3-2050, RELATING TO THE INTERAGENCY TASK FORCE FOR THE


Printed Page 2397 . . . . . Thursday, March 26, 2015

PREVENTION OF TRAFFICKING IN PERSONS, SO AS TO PROVIDE THAT TO THE EXTENT FUNDS ARE APPROPRIATED, THE TASK FORCE MAY MAKE GRANTS OR CONTRACT WITH STATE AGENCIES OR VICTIMS SERVICE ORGANIZATIONS TO DEVELOP OR EXPAND SERVICE PROGRAMS FOR VICTIMS OF TRAFFICKING IN PERSONS AND REVISE THE MEMBERSHIP OF THE TASK FORCE; TO AMEND SECTION 16-3-2060, RELATING TO CIVIL ACTIONS FOR VICTIMS OF TRAFFICKING IN PERSONS, SO AS TO PROVIDE THAT A VICTIM'S SEXUAL HISTORY OR HISTORY OF COMMERCIAL SEXUAL ACTIVITY ARE NOT ADMISSIBLE BY A DEFENDANT IN A CIVIL ACTION.
Referred to Committee on Judiciary

H. 3931 (Word version) -- Rep. Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-235 SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY SHALL NOT PURCHASE CELL-SITE STIMULATOR TECHNOLOGY FROM A COMPANY THAT REQUIRES THE PURCHASER OF THIS EQUIPMENT TO ENTER INTO A NONDISCLOSURE AGREEMENT.
Referred to Committee on Judiciary

H. 3915--POINT OF ORDER

The following Joint Resolution was taken up:

H. 3915 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4554, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. HENDERSON explained the Joint Resolution.

POINT OF ORDER

Rep. NORMAN made the Point of Order that the Joint Resolution 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.


Printed Page 2398 . . . . . Thursday, March 26, 2015

H. 3775--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 3775 (Word version) -- Reps. Nanney, Allison, Bannister, Bedingfield, Burns, Chumley, Dillard, Hamilton, Henderson, Loftis, Putnam, Robinson-Simpson, G. R. Smith, Stringer and Willis: A JOINT RESOLUTION TO PROVIDE FOR THE WAIVER OF FIVE OR FEWER DAYS THAT SCHOOLS IN THE GREENVILLE SCHOOL DISTRICT CLOSED IN 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.

Reps. STRINGER and ALLISON proposed the following Amendment No. 1 to H. 3775 (COUNCIL\AGM\3775C002.AGM. AB15), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION   1.   Notwithstanding the provisions of Section 59-1-425, the governing body of a school district may waive the requirement that schools make up full days missed due to inclement weather for three or fewer full school days that students who attend schools or charter schools in the district missed due to inclement weather during the 2014-2015 school year; provided, however, that a district may not waive this requirement until it has exhausted all statutorily required make-up days remaining on the 2014-2015 school calendar. When a district waives a make-up day pursuant to this section, the make-up day also is waived for any student participating in a home schooling program approved by the board of trustees of the district in which the student resides.
SECTION   2.   This joint resolution takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

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


Printed Page 2399 . . . . . Thursday, March 26, 2015

The yeas and nays were taken resulting as follows:

Yeas 100; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Atwater                Bales
Bamberg                Bannister              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
Duckworth              Felder                 Finlay
Forrester              Funderburk             Gagnon
George                 Gilliard               Goldfinch
Govan                  Hardwick               Hart
Hayes                  Henderson              Henegan
Herbkersman            Hicks                  Hill
Hixon                  Hodges                 Hosey
Howard                 Huggins                Jefferson
Johnson                Kennedy                King
Kirby                  Knight                 Limehouse
Loftis                 Long                   Lowe
Lucas                  Mack                   McEachern
McKnight               M. S. McLeod           W. J. McLeod
D. C. Moss             V. S. Moss             Nanney
Newton                 Norman                 Norrell
Ott                    Pitts                  Putnam
Quinn                  Ridgeway               Riley
Rivers                 Robinson-Simpson       Sandifer
Simrill                G. R. Smith            J. E. Smith
Sottile                Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Tinkler                Toole
Weeks                  Wells                  White
Whitmire               Williams               Willis
Yow

Total--100


Printed Page 2400 . . . . . Thursday, March 26, 2015

Those who voted in the negative are:

Total--0

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

H. 3775--ORDERED TO BE READ
THIRD TIME TOMORROW

On motion of Rep. STRINGER, with unanimous consent, it was ordered that H. 3775 (Word version) be read the third time tomorrow.

H. 3041--RECOMMITTED

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 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


Printed Page 2401 . . . . . Thursday, March 26, 2015

SUPERINTENDENT OF EDUCATION MAY BE REMOVED FROM OFFICE.

Rep. BANNISTER moved to recommit the Joint Resolution to the Committee on Judiciary, which was agreed to.

SENT TO THE SENATE

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

H. 3115 (Word version) -- Reps. Pitts, Hixon and Thayer: A BILL TO AMEND SECTION 23-31-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF THE OWNERSHIP, TRANSFER, OR POSSESSION OF FIREARMS OR AMMUNITION, SO AS TO PROVIDE THAT NO GOVERNING BODY OF ANY COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION IN THE STATE MAY ENACT, ENFORCE, OR PROMULGATE ANY REGULATION OR ORDINANCE THAT REGULATES OR ATTEMPTS TO REGULATE THE TRANSFER, OWNERSHIP, POSSESSION, CARRYING, OR TRANSPORTATION OF KNIVES, FIREARMS, AMMUNITION, COMPONENTS OF FIREARMS, OR ANY COMBINATION OF THESE THINGS.

H. 3116 (Word version) -- Reps. Pitts, Hixon, Kennedy, Yow, Clemmons, Huggins, Gagnon, Gambrell and Riley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 31, TITLE 23 SO AS TO PROVIDE THAT CERTAIN PERSONS WHO KNOWINGLY SOLICIT, PERSUADE, ENCOURAGE, OR ENTICE A LICENSED DEALER OR PRIVATE SELLER OF FIREARMS OR AMMUNITION IN VIOLATION OF STATE OR FEDERAL LAW, OR KNOWINGLY PROVIDE THAT PERSON WITH MATERIALLY FALSE INFORMATION TO DECEIVE HIM ABOUT THE LEGALITY OF A TRANSFER OF A FIREARM OR AMMUNITION, OR WILFULLY PROCURE ANOTHER PERSON TO ENGAGE IN CERTAIN ILLEGAL ACTIVITIES ARE GUILTY OF A FELONY, TO PROVIDE PENALTIES, AND TO PROVIDE CERTAIN TERMS AND THEIR DEFINITIONS THAT RELATE TO THESE OFFENSES.


Printed Page 2402 . . . . . Thursday, March 26, 2015

H. 3119 (Word version) -- Reps. Pitts and Hixon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-540 SO AS TO CREATE THE OFFENSE OF THEFT OF A FIREARM AND PROVIDE A PENALTY.

H. 3525 (Word version) -- Reps. Sandifer, Forrester and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 TO CHAPTER 23, TITLE 58 SO AS TO PROVIDE FOR THE REGULATION OF TRANSPORTATION NETWORK COMPANIES; TO AMEND SECTION 58-4-60, RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE OFFICE OF REGULATORY STAFF, SO AS TO PROVIDE FOR THE EXPENSES OF THE TRANSPORTATION DEPARTMENT BORNE BY ASSESSMENTS TO TRANSPORTATION NETWORK COMPANIES IN ADDITION TO EXISTING SOURCES; AND TO AMEND SECTION 58-23-50, RELATING TO EXEMPTIONS FROM REGULATION OF MOTOR VEHICLE CARRIERS BY THE PUBLIC SERVICE COMMISSION, SO AS TO EXEMPT TRANSPORTATION NETWORK COMPANIES.

MOTION PERIOD

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

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 26, 2015
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Campsen, Coleman and S. Martin of the Committee of Free Conference on the part of the Senate on H. 3118:

H. 3118 (Word version) -- Reps. Pitts and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-525 SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO PROMULGATE REGULATIONS GOVERNING CERTAIN AREAS TO ESTABLISH SEASONS, DATES, AREAS, BAG LIMITS, AND OTHER RESTRICTIONS FOR HUNTING AND TAKING WILD TURKEY; BY ADDING SECTION 50-11-580 SO AS TO ESTABLISH MALE WILD TURKEY


Printed Page 2403 . . . . . Thursday, March 26, 2015

HUNTING SEASON AS MARCH 20 THROUGH MAY 5, DECLARE THE SATURDAY PRECEDING MARCH 20 OF EACH YEAR TO BE "SOUTH CAROLINA YOUTH TURKEY HUNTING DAY" AND PROVIDE A PROCEDURE FOR YOUTH TURKEY HUNTING ON THIS DAY, TO PROVIDE A WILD TURKEY BAG LIMIT, TO REQUIRE THE DEPARTMENT OF NATURAL RESOURCES TO REPORT TO THE GENERAL ASSEMBLY CERTAIN WILD TURKEY RESOURCES INFORMATION INCLUDING RECOMMENDATIONS REGARDING THE SEASON AND THE BAG LIMITS; TO AMEND SECTIONS 50-11-530, 50-11-540, AND 50-11-544, ALL RELATING TO THE DEPARTMENT OF NATURAL RESOURCES' REGULATION OF THE HUNTING OF WILD TURKEYS, SO AS TO REVISE THE DEPARTMENT'S AUTHORITY TO REGULATE THE HUNTING OF WILD TURKEYS, TO ALLOW IT TO PROMULGATE EMERGENCY REGULATIONS FOR THE PROPER CONTROL OF THE HARVESTING OF WILD TURKEYS, TO REVISE THE PENALTIES FOR VIOLATING THE PROVISIONS THAT REGULATE THE HUNTING OF WILD TURKEYS, AND TO PROVIDE THAT ALL WILD TURKEY TRANSPORTATION TAGS MUST BE VALIDATED AS PRESCRIBED BY THE DEPARTMENT BEFORE A TURKEY IS MOVED FROM THE POINT OF KILL; AND TO SUSPEND THE PROVISIONS OF SECTION 50-11-520 UPON THE EFFECTIVE DATE OF THE ACT UNTIL NOVEMBER 7, 2018, WHEN SECTION 50-11-580 IS REPEALED.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., Thursday, March 26
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3118:

H. 3118 (Word version) -- Reps. Pitts and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-525 SO AS TO AUTHORIZE THE DEPARTMENT OF


Printed Page 2404 . . . . . Thursday, March 26, 2015

NATURAL RESOURCES TO PROMULGATE REGULATIONS GOVERNING CERTAIN AREAS TO ESTABLISH SEASONS, DATES, AREAS, BAG LIMITS, AND OTHER RESTRICTIONS FOR HUNTING AND TAKING WILD TURKEY; BY ADDING SECTION 50-11-580 SO AS TO ESTABLISH MALE WILD TURKEY HUNTING SEASON AS MARCH 20 THROUGH MAY 5, DECLARE THE SATURDAY PRECEDING MARCH 20 OF EACH YEAR TO BE "SOUTH CAROLINA YOUTH TURKEY HUNTING DAY" AND PROVIDE A PROCEDURE FOR YOUTH TURKEY HUNTING ON THIS DAY, TO PROVIDE A WILD TURKEY BAG LIMIT, TO REQUIRE THE DEPARTMENT OF NATURAL RESOURCES TO REPORT TO THE GENERAL ASSEMBLY CERTAIN WILD TURKEY RESOURCES INFORMATION INCLUDING RECOMMENDATIONS REGARDING THE SEASON AND THE BAG LIMITS; TO AMEND SECTIONS 50-11-530, 50-11-540, AND 50-11-544, ALL RELATING TO THE DEPARTMENT OF NATURAL RESOURCES' REGULATION OF THE HUNTING OF WILD TURKEYS, SO AS TO REVISE THE DEPARTMENT'S AUTHORITY TO REGULATE THE HUNTING OF WILD TURKEYS, TO ALLOW IT TO PROMULGATE EMERGENCY REGULATIONS FOR THE PROPER CONTROL OF THE HARVESTING OF WILD TURKEYS, TO REVISE THE PENALTIES FOR VIOLATING THE PROVISIONS THAT REGULATE THE HUNTING OF WILD TURKEYS, AND TO PROVIDE THAT ALL WILD TURKEY TRANSPORTATION TAGS MUST BE VALIDATED AS PRESCRIBED BY THE DEPARTMENT BEFORE A TURKEY IS MOVED FROM THE POINT OF KILL; AND TO SUSPEND THE PROVISIONS OF SECTION 50-11-520 UPON THE EFFECTIVE DATE OF THE ACT UNTIL NOVEMBER 7, 2018, WHEN SECTION 50-11-580 IS REPEALED.

Very respectfully,
President
Received as information.

MOTION ADOPTED

Rep. TAYLOR moved that when the House adjourn today, it stand adjourned to meet in Local Session on Friday, March 27, and to next meet in Statewide Session on Tuesday, April 14 at 12:00 noon, which was agreed to.


Printed Page 2405 . . . . . Thursday, March 26, 2015

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

ADJOURNMENT

At 12:01 p.m. the House, in accordance with the motion of Rep. QUINN, adjourned in memory of Barbara Bise of Lexington, to meet at 10:00 a.m. tomorrow.

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This web page was last updated on Tuesday, December 1, 2015 at 4:55 P.M.