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 Ezra 9:8: "But now for a brief moment favor has been shown by the Lord our God."
Let us pray. Steadfast God, keep the compass of our hearts fixed on You. Give these Representatives faith, strength, courage, wisdom, and integrity during these days of service to the people of this State. Enhance them more and more to follow what You have encouraged them to do. Bless our Nation, President, State, Governor, Speaker, staff, and all who contribute to the success of this great cause. Protect our defenders of freedom at home and abroad as they protect us. Heal the wounds, those seen and those hidden, of our brave warriors who suffer and sacrifice for our freedom. Lord, in Your mercy, hear our prayers. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER PRO TEMPORE.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER PRO TEMPORE ordered it confirmed.
Rep. G. M. SMITH moved that when the House adjourns, it adjourn in memory of James "Jimbo" D. Harrelson, Jr., of Sumter, which was agreed to.
The following was received:
May 12, 2015
The Honorable James H. Lucas
Speaker of the House of Representatives
506 Blatt Building
Columbia, South Carolina 29201
Dear Mr. Speaker,
It is with a heavy heart that I hereby submit this letter of resignation from my seat in the South Carolina House of Representatives, effective at 5:00 p.m., May 12, 2015. For personal reasons, I feel as though I should step away from life in public service to take some time to focus on my health.
Serving in the South Carolina House has been one of the single greatest highlights of my life. It has been an honor and a privilege to represent the people of Horry county for the past ten years.
Sincerely,
Nelson L. Hardwick
Received as information.
The following was introduced:
H. 4170 (Word version) -- Reps. Huggins, Ballentine, Alexander, Allison, Anderson, Anthony, Atwater, Bales, 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, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO DECLARE MAY 13, 2015, AS "CONNECT SOUTH CAROLINA DAY" AND URGE ALL
COMMUNITIES ACROSS THE PALMETTO STATE TO COMPLETE THEIR OWN CONNECT SOUTH CAROLINA ASSESSMENT AND TECHNOLOGY ACTION PLAN SO THEIR RESIDENTS CAN ENJOY THE BENEFITS OF HIGH-SPEED BROADBAND SERVICE.
The Resolution was adopted.
The Senate sent to the House the following:
S. 384 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ALONG CLEVELAND STREET IN THE TOWN OF ELLOREE "DAVID EARLE POLIN BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4169 (Word version) -- Reps. Sandifer, Gambrell and Mack: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-27-475 SO AS TO REVISE THE INSURERS' REHABILITATION AND LIQUIDATION ACT BY ADDING PROVISIONS SPECIFIC TO FEDERAL HOME LOAN BANKS AND INSURER-MEMBERS OF THOSE BANKS IN DELINQUENCY PROCEEDINGS BROUGHT PURSUANT TO THE ACT; TO AMEND SECTION 38-27-50, RELATING TO DEFINITIONS CONCERNING THE ACT SO AS TO DEFINE ADDITIONAL TERMS; AND TO AMEND SECTION 38-27-70, RELATING TO INJUNCTIONS AND OTHER EQUITABLE REMEDIES AVAILABLE TO RECEIVERS APPOINTED IN DELINQUENCY PROCEEDINGS UNDER THE ACT, SO AS TO PROVIDE CIRCUMSTANCES IN WHICH FEDERAL HOME LOAN BANKS MAY EXERCISE THEIR RIGHTS REGARDING COLLATERAL PLEDGED BY ITS INSURER-MEMBERS
INVOLVED IN DELINQUENCY PROCEEDINGS BROUGHT PURSUANT TO THE ACT.
Referred to Committee on Labor, Commerce and Industry
H. 4171 (Word version) -- Reps. Hiott, Sandifer and Gagnon: A BILL TO AMEND THE 1976 CODE OF LAWS BY ADDING TITLE 64 SO AS TO ENACT THE "SOUTH CAROLINA EMPLOYEE INJURY BENEFIT PLAN ALTERNATIVE", TO DEFINE NECESSARY TERMS, TO AUTHORIZE EXEMPTION FROM THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, TO PROVIDE CERTAIN NOTICE REQUIREMENTS, TO REQUIRE PAYMENT OF CERTAIN FEES, TO PROVIDE FOR THE COLLECTION AND MAINTENANCE OF CERTAIN INFORMATION, TO PROSCRIBE CERTAIN RULES AND FORMS, TO PROVIDE CIRCUMSTANCES FOR THE ADOPTION OF CERTAIN BENEFIT PLANS, TO PROVIDE REQUIREMENTS FOR CERTAIN BENEFIT PLANS, TO PROVIDE APPLICABILITY OF CERTAIN STANDARDS, TO AUTHORIZE CERTAIN LUMP SUM PAYMENTS, TO AUTHORIZE CERTAIN SETTLEMENT AGREEMENTS AND SPECIFY CONDITIONS AND LIMITATIONS; TO PROHIBIT CERTAIN FEES OR COSTS, TO REQUIRE THE PROVISION OF CERTAIN INFORMATION, TO PROVIDE QUALIFIED EMPLOYERS MAY INSURE CERTAIN RISKS, TO PROVIDE EMPLOYERS SHALL SECURE COMPENSATION IN SPECIFIED WAYS, TO PROVIDE CERTAIN SETTLEMENT AGREEMENTS, TO PROVIDE CERTAIN FINANCIAL SECURITY REQUIREMENTS, TO HOLD CERTAIN INSURANCE AGENTS AND BROKERS HARMLESS FOR CERTAIN ACTIONS, TO PROVIDE FOR CERTAIN FUNDS AND THE PURPOSE OF THOSE FUNDS, TO PROVIDE FOR THE DEPOSIT OF CERTAIN PREMIUM TAXES, TO REQUIRE PAYMENT AND COLLECTION OF CERTAIN FEES, TO PROVIDE FOR THE DETERMINATION OF CERTAIN ASSESSMENTS, TO PROVIDE CERTAIN NOTICE REQUIREMENTS, TO PROVIDE FOR THE EXCLUSIVITY OF CERTAIN LIABILITIES AND REMEDIES, TO PROVIDE RELATED RESPONSIBILITIES OF CERTAIN EMPLOYERS, AND TO PROVIDE PLANS MUST CONTAIN CERTAIN RIGHTS, AMONG OTHER THINGS.
Referred to Committee on Judiciary
The roll call of the House of Representatives was taken resulting as follows:
Allison Anderson Anthony Bales Ballentine Bamberg Bedingfield Bingham Bowers Bradley G. A. Brown R. L. Brown Burns Clary Cobb-Hunter Cole Collins Corley H. A. Crawford Crosby Daning Delleney Duckworth Felder Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Hardee Hayes Henegan Herbkersman Hill Hiott Hixon Hodges Hosey Howard Jefferson Johnson Jordan King Kirby Limehouse Long Lowe Mack McKnight Merrill Murphy Nanney Newton Norman Norrell Parks Pitts Pope Putnam Ridgeway Riley Rivers Robinson-Simpson Ryhal Simrill G. M. Smith G. R. Smith Sottile Southard Spires Taylor Tinkler Toole Weeks Wells Whipper Williams Yow
I came in after the roll call and was present for the Session on Wednesday, May 13.
Terry Alexander Todd Atwater Bruce W. Bannister Beth Bernstein Douglas "Doug" Brannon Bill Chumley Alan D. Clemmons William Clyburn Chandra Dillard Shannon Erickson Kirkman Finlay Jerry Govan Dan Hamilton Donna Hicks
Jenny A. Horne Chip Huggins Ralph Kennedy Dwight Loftis James Lucas Peter McCoy, Jr. Joe McEachern Mia S. McLeod Walton J. McLeod Harold Mitchell Dennis Moss V. Stephen Moss Joseph Neal Russell L. Ott Richard "Rick" Quinn Todd Rutherford W. E. "Bill" Sandifer James E. Smith Leon Stavrinakis Tommy Stringer Edward "Eddie" Tallon Anne Thayer Brian White Mark Willis
The SPEAKER granted Rep. WHITMIRE a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. HENDERSON a leave of absence for the day.
The SPEAKER granted Rep. KNIGHT a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. DOUGLAS a leave of absence for the day to attend a family funeral.
The SPEAKER granted Rep. LOFTIS a temporary leave of absence.
The SPEAKER granted Rep. FELDER a temporary leave of absence.
Rep. H. A. CRAWFORD signed a statement with the Clerk that she came in after the roll call of the House and was present for the Session on Tuesday, May 12.
Announcement was made that Dr. Steven W. Samoya of Greenville was the Doctor of the Day for the General Assembly.
Reps. GILLIARD, MACK, WHIPPER and R. L. BROWN presented to the House the Burke High School Boys Varsity Basketball Team, coaches, and other school officials.
Reps. G. M. SMITH and WEEKS presented to the House the Wilson Hall Golf Team, coaches, and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3217 (Word version)
Date: ADD:
05/13/15 BOWERS
Bill Number: H. 4002 (Word version)
Date: ADD:
05/13/15 PUTNAM
Bill Number: H. 3997 (Word version)
Date: ADD:
05/13/15 MCKNIGHT
The following Bill was taken up:
H. 4159 (Word version) -- Rep. Anthony: A BILL TO AMEND ACT 164 OF 2003, RELATING TO THE NINE DEFINED SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH THE MEMBERS OF THE UNION COUNTY BOARD OF SCHOOL TRUSTEES ARE ELECTED, SO AS TO REAPPORTION THE ELECTION DISTRICTS, TO DESIGNATE A MAP NUMBER ON WHICH THESE SINGLE-MEMBER ELECTION DISTRICTS ARE DELINEATED, AND TO PROVIDE DEMOGRAPHIC INFORMATION PERTAINING TO THE REAPPORTIONED ELECTION DISTRICTS.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anthony Atwater Bales Bedingfield Bowers Bradley G. A. Brown Clemmons Clyburn Cole Corley H. A. Crawford Crosby Delleney Dillard Duckworth Erickson Finlay Forrester Funderburk Gagnon George Hamilton Hardee Hart Hayes Henegan Herbkersman Hixon Horne Howard Huggins Jefferson Jordan Kennedy King Kirby Limehouse Long Lowe Lucas McEachern McKnight M. S. McLeod Merrill Mitchell D. C. Moss V. S. Moss Nanney Newton Norman Norrell Parks
Pope Putnam Riley Rivers Ryhal Sandifer Simrill G. R. Smith J. E. Smith Sottile Spires Tallon Taylor Tinkler Wells White Williams Willis Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4166 (Word version) -- Reps. Pitts and Willis: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REAPPORTION THE SEVEN SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH MEMBERS OF LAURENS COUNTY SCHOOL DISTRICT 56 MUST BE ELECTED, TO DESIGNATE A MAP NUMBER ON WHICH THESE SINGLE-MEMBER ELECTION DISTRICTS ARE DELINEATED, AND TO PROVIDE DEMOGRAPHIC INFORMATION PERTAINING TO THE REAPPORTIONED ELECTION DISTRICTS.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anthony Bales Bedingfield Bowers Bradley Burns Cole Corley H. A. Crawford Delleney Duckworth Finlay Forrester Funderburk Gagnon Gambrell George Hardee Hart Hayes
Henegan Herbkersman Hicks Hixon Hosey Howard Huggins Jefferson Jordan Kennedy Kirby Limehouse Long Lowe Lucas McEachern McKnight Merrill Mitchell D. C. Moss V. S. Moss Murphy Nanney Newton Norman Ott Parks Pitts Pope Putnam Ridgeway Riley Rivers Rutherford Ryhal Simrill G. R. Smith Sottile Taylor Thayer Weeks Wells White Williams Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:
S. 426 (Word version) -- Senators Sheheen, Hayes, Malloy and Allen: A BILL TO AMEND TITLE 14 OF THE 1976 CODE, RELATING TO COURTS, BY ADDING CHAPTER 31, TO ESTABLISH A MENTAL HEALTH COURT PROGRAM, TO PROVIDE FOR A SYSTEM THAT DIVERTS MENTALLY ILL OFFENDERS TO APPROPRIATE TREATMENT PROGRAMS RATHER THAN INCARCERATION, TO PROVIDE FOR ELIGIBILITY TO PARTICIPATE IN MENTAL HEALTH COURT, TO PROVIDE THAT EXISTING MENTAL HEALTH COURTS ESTABLISHED PURSUANT TO AN ADMINISTRATIVE ORDER OF THE SUPREME COURT SHALL CONTINUE IN EXISTENCE, TO PROVIDE THAT EACH
SOLICITOR MUST ESTABLISH A PROGRAM, TO PROVIDE FOR QUALIFICATIONS FOR SERVICE AS A MENTAL HEALTH COURT JUDGE, TO PROVIDE THAT MENTAL HEALTH COURT JUDGES HAVE THE SAME PROTECTIONS FROM CIVIL LIABILITY AND IMMUNITY AS OTHER JUDICIAL OFFICERS IN THIS STATE; AND TO PROVIDE THAT SOLICITORS WHO ACCEPT STATE FUNDING FOR THE PROGRAM MUST ESTABLISH IT WITHIN ONE HUNDRED EIGHTY DAYS.
S. 500 (Word version) -- Senator Hayes: A BILL TO AMEND ARTICLE 23, CHAPTER 17, TITLE 63, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO ENACT AMENDMENTS TO THAT ACT ADOPTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS FOR UNIFORM STATE LAWS IN 2008, AS REQUIRED BY THE FEDERAL "PREVENTING SEX TRAFFICKING AND STRENGTHENING FAMILIES ACT" INCLUDING, BUT NOT LIMITED TO, AMENDMENTS ADDRESSING INTERNATIONAL RECOVERY OF CHILD SUPPORT AND OTHER FAMILY MAINTENANCE AND DETERMINATION OF PARENTAGE.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 183 (Word version) -- Senators Hayes and Bryant: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 16-3-2010, RELATING TO HUMAN TRAFFICKING DEFINITIONS, SO AS TO DEFINE "COERCION"; BY AMENDING SECTION 16-3-2020, RELATING TO HUMAN TRAFFICKING OFFENSES, SO AS TO PROVIDE THAT A PERSON IS CONSIDERED A TRAFFICKER IF THE PERSON SOLICITS OR PARTICIPATES IN PROSTITUTION WITH ANOTHER PERSON KNOWING THAT THE OTHER PERSON IS A HUMAN TRAFFICKING VICTIM, TO PROVIDE THAT A VICTIM CONVICTED OF A HUMAN TRAFFICKING VIOLATION OR PROSTITUTION MAY MOTION THE COURT TO VACATE THE CONVICTION, AND TO PROVIDE THAT A VICTIM IS NOT SUBJECT TO PROSECUTION FOR HUMAN TRAFFICKING OR PROSTITUTION IF THE VICTIM WAS A MINOR AT THE TIME
OF THE OFFENSE, AND TO PROVIDE THAT A VICTIM'S SEXUAL HISTORY IS NOT ADMISSIBLE BY A DEFENDANT IN A CRIMINAL ACTION; BY AMENDING SECTION 16-3-2030, RELATING TO BUSINESSES AND HUMAN TRAFFICKING, SO AS TO PROVIDE THAT A COURT MAY CONSIDER DISGORGEMENT OF PROFIT FROM A BUSINESS INVOLVED IN HUMAN TRAFFICKING AND DISBARMENT FROM GOVERNMENT CONTRACTS; BY AMENDING SECTION 16-3-2040, RELATING TO HUMAN TRAFFICKING RESTITUTION, SO AS TO PROVIDE THAT THE COURT MAY ORDER AN AMOUNT REPRESENTING THE VALUE OF THE VICTIM'S LABOR OR SERVICES; BY AMENDING SECTION 16-3-2050, RELATING TO THE HUMAN TRAFFICKING TASK FORCE, SO AS TO PROVIDE THAT THE TASK FORCE MAY MAKE GRANTS OR CONTRACTS TO DEVELOP OR EXPAND VICTIM SERVICE PROGRAMS; BY AMENDING SECTION 16-3-2060, RELATING TO HUMAN TRAFFICKING CIVIL ACTIONS, SO AS TO PROVIDE THAT A VICTIM'S SEXUAL HISTORY IS NOT ADMISSIBLE BY A DEFENDANT IN A CIVIL ACTION; BY AMENDING SECTION 16-3-2070, RELATING TO VICTIMS' RIGHTS AND THE STATE CRIME VICTIM'S COMPENSATION FUND, SO AS TO PROVIDE THAT HUMAN TRAFFICKING VICTIMS ARE CONSIDERED VICTIMS REGARDLESS OF IMMIGRATION STATUS, TO PROVIDE THAT THE PICTURES AND IMAGES OF VICTIMS MUST BE KEPT CONFIDENTIAL, AND TO PROVIDE THE PROTOCOL A LAW ENFORCEMENT OFFICER SHALL FOLLOW WHEN INTERACTING WITH A VICTIM; AND BY ADDING SECTION 16-3-2100, SO AS TO REQUIRE THE POSTING OF INFORMATION REGARDING THE NATIONAL HUMAN TRAFFICKING RESOURCE CENTER HOTLINE IN CERTAIN BUSINESSES.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3852 (Word version) -- Reps. Tallon, Bannister, Loftis, Burns, Brannon, Allison, Ballentine, Bamberg, Bedingfield, Bingham, Clary, Clemmons, Cole, Collins, Delleney, Duckworth, Finlay, Forrester, Gagnon, Gambrell, Goldfinch, Hamilton, Hardee, Hardwick, Henderson, Hicks, Hiott, Horne, Huggins, Kennedy, Kirby, Long, McCoy, Merrill, D. C. Moss,
V. S. Moss, Newton, Norman, Norrell, Pope, Quinn, Rutherford, Ryhal, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Taylor, Thayer, Willis, Yow, Bradley and Anthony: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-18-75 SO AS TO PROVIDE FOR ESCHEATMENT TO THE STATE OF UNCLAIMED UNITED STATES SAVINGS BONDS, TO PROVIDE FOR JUDICIAL DETERMINATION OF ESCHEATMENT, TO PROVIDE FOR PROCEDURES FOR CHALLENGING ESCHEATMENT, TO PROVIDE FOR DEPOSIT OF THE PROCEEDS OF ESCHEATMENT; AND BY ADDING SECTION 27-18-76 SO AS TO PROVIDE THAT A PERSON CLAIMING AN INTEREST IN A UNITED STATES SAVINGS BOND MAY FILE A CLAIM WITH THE ADMINISTRATOR ADMINISTERING THE UNIFORM UNCLAIMED PROPERTY ACT AND TO PROVIDE FOR LIMITATIONS ON SUCH CLAIMS.
H. 3325 (Word version) -- Reps. J. E. Smith, Hodges, Weeks, Whipper, Mitchell, Govan and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 61, TITLE 15 SO AS TO ENACT THE "UNIFORM PARTITION OF HEIRS' PROPERTY ACT"; TO DEFINE NECESSARY TERMS; TO PROVIDE FOR NOTICE BY PUBLICATION IN A PARTITION ACTION, TO PROVIDE PROCEDURES FOR A COURT TO FOLLOW IN DETERMINING THE VALUE OF THE PROPERTY AND FACTORS FOR A COURT TO CONSIDER FOR DIFFERENT TYPES OF PARTITIONS, TO PROVIDE FOR OPEN-MARKET SALES, SEALED BIDS, OR AUCTIONS, TO DESIGNATE THE EXISTING PROVISIONS OF CHAPTER 61 AS ARTICLE 1; TO AMEND SECTION 15-61-10, RELATING TO PARTITION ACTIONS, SO AS TO PROVIDE FOR A COURT HEARING TO DETERMINE IF THE PARTITION ACTION CONCERNS HEIRS' PROPERTY; AND TO AMEND SECTION 15-61-100, RELATING TO WRITS OF PARTITION, SO AS TO DELETE OBSOLETE REFERENCES.
H. 4146 (Word version) -- Rep. Hardwick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-23-15 SO AS TO INCREASE THE BOUNDARIES OF THE MURRELL'S INLET-GARDEN CITY FIRE DISTRICT.
The following Bill was taken up:
H. 3878 (Word version) -- Reps. White, Pope, Clemmons, Duckworth, Goldfinch, Hardwick, Johnson, H. A. Crawford, George, Yow, Ryhal, Hardee, Hayes and Kirby: A BILL TO AMEND SECTION 12-6-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX RATES FOR INDIVIDUALS, ESTATES, AND TRUSTS, SO AS TO INCREASE THE SIZE OF THE TAX BRACKETS FOR EACH TAX RATE; AND TO AMEND SECTION 12-6-520, RELATING TO THE ANNUAL ADJUSTMENT OF INCOME TAX BRACKETS, SO AS PROVIDE THE BRACKETS SHALL NOT BE ADJUSTED IN TAX YEARS 2016 AND 2017.
Rep. WHITE moved to adjourn debate upon the Bill, which was adopted.
On motion of Rep. HIXON, with unanimous consent, Regulation No. 4546 was ordered recalled from Committee on Agriculture, Natural Resources and Environmental Affairs and was referred to Committee on Regulations and Administrative Procedures.
Rep. HIXON asked unanimous consent to recall S. 463 (Word version) from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. W. J. MCLEOD objected.
On motion of Rep. GAMBRELL, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means and was referred to the Committee on Labor, Commerce and Industry:
H. 3795 (Word version) -- Rep. Gambrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-68-65 SO AS TO PROVIDE FOR THE DETERMINATION OF TAX CREDITS AND ECONOMIC INCENTIVES BASED ON
EMPLOYMENT WITH RESPECT TO CLIENT COMPANIES OF PROFESSIONAL EMPLOYER ORGANIZATIONS; TO AMEND SECTION 40-68-55, RELATING TO THE ABILITY OF THE DEPARTMENT OF INSURANCE TO PROVIDE BY REGULATION FOR THE ACCEPTANCE OF AFFIDAVIT OR CERTIFICATION OF APPROVAL OF QUALIFIED ASSURANCE ORGANIZATIONS, SO AS TO DELETE THE REQUIREMENT THAT THESE FUNCTIONS BE PROVIDED BY REGULATION; TO AMEND SECTION 40-68-60, RELATING TO THE REQUIREMENTS OF PROFESSIONAL EMPLOYMENT ORGANIZATION SERVICES AGREEMENTS BETWEEN PROFESSIONAL EMPLOYER ORGANIZATIONS AND ASSIGNED EMPLOYEES, SO AS TO DELETE THE REQUIREMENT THAT TERMS MUST BE ESTABLISHED BY WRITTEN CONTRACT, AND INSTEAD TO PROVIDE ORGANIZATIONS ONLY SHALL PROVIDE ASSIGNED EMPLOYEES WITH WRITTEN NOTICE OF HOW THE AGREEMENT AFFECTS THEM; TO AMEND SECTION 40-68-70, RELATING TO THE REQUIREMENTS OF PROFESSIONAL EMPLOYMENT ORGANIZATION SERVICES AGREEMENTS BETWEEN PROFESSIONAL EMPLOYER ORGANIZATIONS AND CLIENT COMPANIES, SO AS TO CLARIFY THAT THE TERMS OF THE AGREEMENT MUST BE ESTABLISHED BY WRITTEN CONTRACT; TO AMEND SECTION 40-68-150, RELATING TO CERTAIN PROHIBITED ACTS, SO AS TO PROVIDE PROFESSIONAL EMPLOYER ORGANIZATIONS SHALL NOT ENGAGE IN THE SALE OF INSURANCE OR ACT AS THIRD PARTY ADMINISTRATORS, AND TO PROVIDE THAT THE SPONSORING AND MAINTAINING OF EMPLOYEE BENEFIT PLANS FOR THE BENEFIT OF ASSIGNED EMPLOYEES DOES NOT CONSTITUTE THE SALE OF INSURANCE; AND TO REPEAL SECTION 40-68-45 RELATING TO CONTINUING PROFESSIONAL EDUCATION.
Rep. BALES asked unanimous consent to recall H. 3008 (Word version) from the Committee on Judiciary.
Rep. WELLS objected.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3701 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2015, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Rep. WHITE moved to adjourn debate upon the Senate Amendments until Tuesday, May 19, which was agreed to.
The following Concurrent Resolution was taken up:
S. 726 (Word version) -- Senators Cromer, Setzler, Shealy, Massey and Courson: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF UNITED STATES HIGHWAY 1, CHARTER OAK ROAD, AND PISGAH CHURCH ROAD IN LEXINGTON COUNTY "SERGEANT JOHN DAVID MEADOR II INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THIS DESIGNATION.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. FINLAY.
Rep. HODGES moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4172 (Word version) -- Reps. Bernstein, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND SALUTE THE CARDINAL NEWMAN SCHOOL BOYS SOCCER TEAM ON ITS EXCELLENT SEASON AND IMPRESSIVE WIN OF THE 2015 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION (SCISA) CLASS AAA STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 4173 (Word version) -- Rep. Bernstein: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CARDINAL NEWMAN SCHOOL BOYS SOCCER TEAM, ITS COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2015 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Cardinal Newman School boys soccer team, its coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2015 South Carolina Independent School Association Class AAA State Championship title.
The Resolution was adopted.
The following was introduced:
H. 4174 (Word version) -- Reps. Gilliard, 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, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO DECLARE MAY 2015 AS "WATER SAFETY AWARENESS MONTH" IN THE STATE OF SOUTH CAROLINA AND TO ENCOURAGE PUBLIC SCHOOL DISTRICTS OF THIS STATE TO PROVIDE AT LEAST ONE HOUR OF INSTRUCTION ON WATER SAFETY DURING THE MONTH OF MAY.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4175 (Word version) -- Reps. Neal, Parks, Jefferson and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-17-1095 SO AS TO ALLOW PROFESSIONAL DISCIPLINE, UP TO AND INCLUDING REVOCATION OF BUSINESS, OCCUPATIONAL, OR PROFESSIONAL LICENSES OR OTHER CERTIFICATIONS, FOR FAILURE TO PAY CHILD SUPPORT; TO AMEND SECTION 63-5-20, RELATING TO THE DUTY TO PROVIDE REASONABLE SUPPORT FOR SPOUSES AND CHILDREN, SO AS TO REQUIRE COURTS TO TAKE INTO CONSIDERATION EMPLOYMENT CIRCUMSTANCES WHEN DETERMINING WHETHER THERE IS JUST CAUSE OR EXCUSE FOR A PERSON NOT TO PROVIDE REASONABLE SUPPORT; TO AMEND SECTION 63-17-390, RELATING TO PLACING PERSONS IN JAIL FOR FAILURE TO COMPLY WITH A CHILD SUPPORT ORDER, SO AS TO REQUIRE THE COURT TO DETERMINE WHETHER THERE IS JUST CAUSE OR EXCUSE FOR NONCOMPLIANCE, INCLUDING EMPLOYMENT CIRCUMSTANCES, AND TO PROHIBIT PLACING PERSONS IN JAIL IF THERE IS JUST CAUSE OR EXCUSE FOR NONCOMPLIANCE; AND TO AMEND SECTION 63-17-1020, RELATING TO CHILD SUPPORT ENFORCEMENT THROUGH LICENSE REVOCATION, SO AS NOT TO APPLY TO BUSINESS, OCCUPATIONAL, OR PROFESSIONAL LICENSES.
Referred to Committee on Judiciary
H. 4176 (Word version) -- Reps. Rutherford and M. S. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-260 SO AS TO PROHIBIT AN AGENCY WITHIN THE LEGISLATIVE DEPARTMENT FROM ENFORCING A DRESS CODE THAT IS STRICTER THAN THE DRESS CODE APPLICABLE TO ALL STATE EMPLOYEES.
Referred to Committee on Judiciary
The following Bill was taken up:
H. 3878 (Word version) -- Reps. White, Pope, Clemmons, Duckworth, Goldfinch, Hardwick, Johnson, H. A. Crawford, George, Yow, Ryhal, Hardee, Hayes and Kirby: A BILL TO AMEND SECTION 12-6-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX RATES FOR INDIVIDUALS, ESTATES, AND TRUSTS, SO AS TO INCREASE THE SIZE OF THE TAX BRACKETS FOR EACH TAX RATE; AND TO AMEND SECTION 12-6-520, RELATING TO THE ANNUAL ADJUSTMENT OF INCOME TAX BRACKETS, SO AS PROVIDE THE BRACKETS SHALL NOT BE ADJUSTED IN TAX YEARS 2016 AND 2017.
Rep. WHITE moved to adjourn debate on the Bill until Thursday, May 14, which was agreed to.
On motion of Rep. HIXON, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:
S. 463 (Word version) -- Senators S. Martin and Campsen: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF NATURAL RESOURCES TO CONDUCT A REVIEW OF WILDLIFE TAGGING, VALIDATION, AND METHODS OF CHECKING HARVESTED GAME UTILIZED IN OTHER STATES AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS.
The motion period was dispensed with on motion of Rep. CLYBURN.
The following Bill was taken up:
H. 3997 (Word version) -- Reps. Gilliard, Anderson, King, Lucas, Mack, Clyburn, Stavrinakis, Govan, M. S. McLeod, Alexander, Merrill, Williams, Parks, Jefferson, Erickson, Kirby, Norrell, Ott, Horne, George, Bannister, Bernstein, R. L. Brown, Clary, Funderburk, Hayes, Hodges, Long,
V. S. Moss, Ridgeway, Weeks, Wells, Willis, Henegan, Whipper, Robinson-Simpson, Hart, G. A. Brown, Mitchell and McKnight: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-90, SO AS TO DIRECT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION (SLED) TO DEVELOP CRITERIA AND DETERMINE AN APPROPRIATE METHOD TO IMPLEMENT THE STATEWIDE USE OF BODY-WORN CAMERAS BY LOCAL AND STATE LAW ENFORCEMENT OFFICERS, TO DIRECT SLED TO DESIGN AND OPERATE A PILOT PROJECT INCLUDING CERTAIN COUNTIES AND MUNICIPALITIES IN THE STATE, AND TO AUTHORIZE SLED TO DEVELOP AND PROPOSE REGULATIONS WHICH WOULD SET THE CRITERIA AND PROVIDE A METHOD FOR IMPLEMENTATION FOR THE STATEWIDE USE OF BODY-WORN CAMERAS BY LOCAL AND STATE LAW ENFORCEMENT OFFICERS AFTER THE PILOT PROJECT IS COMPLETED.
Rep. POPE moved to adjourn debate on the Bill until Thursday, May 14, which was agreed to.
The following Bill was taken up:
H. 3027 (Word version) -- Reps. Clemmons, Long, G. R. Smith, Erickson, Putnam, Bedingfield, Loftis and McCoy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-65-140 SO AS TO REQUIRE THAT BY OCTOBER THIRTY-FIRST OF EACH YEAR, EACH STATE AGENCY SHALL SUBMIT A REPORT DETAILING ITS FEDERAL RECEIPTS AND DEVELOPING A PLAN SHOULD ITS FEDERAL RECEIPTS BE REDUCED, TO REQUIRE THAT BY FEBRUARY FIFTEENTH OF EACH YEAR, THE CHAIRMAN OF THE SENATE FINANCE COMMITTEE AND THE CHAIRMAN OF THE HOUSE WAYS AND MEANS COMMITTEE MUST PLACE THE MOST RECENTLY RECEIVED REPORT ON THE AGENDA FOR REVIEW AND CONSIDERATION.
The House Ways and Means Committee proposed the following Amendment No. 1 to H. 3027 (COUNCIL\GGS\3027C002. GGS.ZW15), which was adopted:
Amend the bill, as and if amended, Section 2-65-140(B), as contained in SECTION 1, page 1, by striking lines 38 and 39 and inserting:
/ (B) By October thirty-first of each year, each agency shall submit a report to the Executive Budget Office that: /
Amend the bill further, Section 2-65-140(D), as contained in SECTION 1, page 2, by striking lines 19-22 and inserting:
/ (D) By November thirtieth of each year, the Executive Budget Office shall submit a report to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee that: /
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS spoke in favor of the amendment.
The amendment was then adopted.
Rep. CLEMMONS explained the Bill.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anthony Atwater Ballentine Bannister Bedingfield Bernstein Bingham Bradley Brannon Burns Clary Clemmons Cole Collins Corley H. A. Crawford Crosby Daning Delleney Duckworth Erickson Felder Finlay Forrester Funderburk George Goldfinch Hamilton Hardee Hayes Herbkersman Hicks Hill Hiott Hixon Horne Huggins Johnson Jordan Kennedy Limehouse
Long Lowe Lucas McCoy W. J. McLeod D. C. Moss V. S. Moss Murphy Nanney Newton Norman Ott Parks Pitts Pope Putnam Quinn Riley Rivers Ryhal Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Toole Wells White Willis
Those who voted in the negative are:
Alexander Bales Bamberg Bowers R. L. Brown Clyburn Cobb-Hunter Dillard Gilliard Govan Hart Henegan Hodges Hosey Jefferson King Mack McEachern McKnight M. S. McLeod Mitchell Norrell Ridgeway Robinson-Simpson Rutherford Weeks Whipper Williams
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3868 (Word version) -- Reps. Pitts, White, Goldfinch and Hardee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "WETLANDS CONSERVATION ACT"; TO AMEND SECTION 12-24-95, RELATING TO DEED RECORDING FEES, SO AS TO INCREASE THE PORTION OF A STATE DEED RECORDING FEE THAT MUST BE CREDITED TO THE SOUTH
CAROLINA CONSERVATION BANK TRUST FUND FROM TWENTY-FIVE CENTS TO THIRTY CENTS; TO AMEND SECTION 48-59-60, RELATING TO THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND, SO AS TO REQUIRE THAT ANY FUNDS COLLECTED BY THE SOUTH CAROLINA CONSERVATION BANK IN EXCESS OF THE AMOUNT AUTHORIZED IN THE ANNUAL APPROPRIATIONS BILL MUST BE TRANSFERRED TO THE DEPARTMENT OF NATURAL RESOURCES; TO AMEND SECTION 48-59-70, RELATING TO TRUST FUND GRANTS AND CONSERVATION CRITERIA, SO AS TO ADD ISOLATED WETLANDS AND CAROLINA BAYS TO THE CONSERVATION CRITERIA, TO ADD THE VALUE OF A PROPOSAL ON WILDLIFE MANAGEMENT AREAS OWNED AND MANAGED BY THE DEPARTMENT OF NATURAL RESOURCES TO THE CONSERVATION CRITERIA, AND TO ALLOW THE BOARD TO AUTHORIZE UP TO EIGHT AND THIRTY-THREE ONE HUNDREDTHS PERCENT OF THE MONIES CREDITED TO THE TRUST FUND TO APPLICATIONS THAT SOLELY MEET THE NEW CONSERVATION CRITERIA AND LIMIT THE AWARD OF MONEY TO APPLICATIONS FOR ACQUISITION OF INTERESTS IN LAND SOLELY FOR THE SITES OF HISTORICAL OR ARCHAEOLOGICAL SIGNIFICANCE; TO AMEND SECTION 48-59-75, RELATING TO RESTRICTIONS ON THE TRANSFER OF DEED RECORDING FEES TO THE TRUST FUND, SO AS TO PROVIDE THE TRANSFER OF RECORDING FEES AND OTHER APPROPRIATED FUNDS TO THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND MUST BE DECREASED BY TWICE THE AVERAGE PERCENTAGE REDUCTION OF APPROPRIATIONS TO EACH AGENCY AND DEPARTMENT IN A FISCAL YEAR WHEN THE GENERAL ASSEMBLY PROVIDES LESS APPROPRIATIONS THAN WHAT WAS PROVIDED FOR IN THE PREVIOUS YEAR TO AT LEAST ONE-HALF OF ALL STATE AGENCIES OR DEPARTMENTS.
Rep. PITTS moved to adjourn debate on the Bill until Wednesday, May 20, which was agreed to.
The following Bill was taken up:
H. 3794 (Word version) -- Reps. Forrester, Burns, Sottile, Spires, V. S. Moss, Gambrell, Bales, Kennedy, Tallon, Allison, Bedingfield, Daning, Henderson, Hicks, Hixon, G. R. Smith and Thayer: A BILL TO AMEND SECTION 56-1-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND RENEWAL OF A DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT PROVIDES THAT A FIVE YEAR DRIVER'S LICENSE MUST BE ISSUED TO A PERSON WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE WHEN HE RENEWS HIS LICENSE; AND TO AMEND SECTION 56-1-220, RELATING TO VISION SCREENINGS THAT ARE REQUIRED FOR A PERSON TO RENEW HIS DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT REQUIRES A PERSON TO SUBMIT A VISION SCREENING CERTIFICATE TO THE DEPARTMENT OF MOTOR VEHICLES DURING THE FIFTH YEAR OF A TEN YEAR DRIVER'S LICENSE, AND THE PROVISION THAT ALLOWS A PERSON WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE TO OBTAIN A DRIVER'S LICENSE THAT IS VALID FOR FIVE YEARS.
Rep. FORRESTER proposed the following Amendment No. 1 to H. 3794 (COUNCIL\AGM\3794C001.AGM.AB15), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Section 56-1-220 of the 1976 Code is amended to read:
"Section 56-1-220. (A) Vision screenings are required for all persons before having their licenses renewed by the Department of Motor Vehicles. The vision screening may be waived upon the submission of a certificate of vision examination dated within the previous twelve months from an ophthalmologist or optometrist licensed in any state.
(B) During the fifth year of a ten-year license, the licensee must submit by mail to the department a certificate from an ophthalmologist or optometrist licensed in any state or appear in person at a department office to complete a vision screening. If a licensee fails to submit a certificate or fails to appear in person, the licensee must be fined fifty dollars. The department shall waive the fine if the person completes the
requirements of this section within ninety days after the end of the fifth year of a ten-year license. This fine must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses incurred by this section. Interest accrued by this account must remain in this account.
(C) A vision screening will not be required before October 1, 2008, if a licensee is less than sixty-five years of age, his license expires on his birth date on the fifth calendar year after the calendar year in which it is issued, and his license is renewed for an additional five years by mail or electronically. If a licensee is sixty-five years of age or older and his license expires on his birth date on the fifth calendar year after the calendar year in which it is issued, then he may renew his license by mail for an additional five years upon submission of a certificate of vision examination from an ophthalmologist or optometrist licensed in any state.
(D) The renewal license forms distributed by the department must be designed to contain a certification that the vision of the person screened meets the minimum standards required by the department or have been corrected to meet these requirements. The certification must be executed by the person conducting the screening. The minimum standards of the department shall not require a greater degree of vision than 20/40 corrected in one eye.
(E)(C) A person whose vision is corrected to meet the minimum standards shall have the correction noted on his driver's license by the department.
(F)(D) It is unlawful for a person whose vision requires correction in order to meet the minimum standards of the department to drive a motor vehicle in this State without the use of the correction.
(G)(E) Unless otherwise provided in this section, any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal
prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. FORRESTER spoke in favor of the amendment.
The amendment was then adopted.
Reps. NEAL and LOFTIS proposed the following Amendment No. 2 to H. 3794 (COUNCIL\SWB\3794C002.SWB.CM15), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/SECTION 1. Section 56-1-220 of the 1976 Code is amended to read:
"Section 56-1-220. (A) Vision screenings are required for all persons before having their licenses renewed by the Department of Motor Vehicles. The vision screening may be waived upon the submission of a certificate of vision examination dated within the previous twelve months from an ophthalmologist or optometrist licensed in any state.
(B) During the fifth year of a ten-year license, the licensee must submit by mail to the department a certificate from an ophthalmologist or optometrist licensed in any state or appear in person at a department office to complete a vision screening. If a licensee fails to submit a certificate or fails to appear in person, the licensee must be fined fifty dollars. The department shall waive the fine if the person completes the requirements of this section within ninety days after the end of the fifth year of a ten-year license. This fine must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses incurred by this section. Interest accrued by this account must remain in this account.
(C) A vision screening will not be required before October 1, 2008, if a licensee is less than sixty-five years of age, his license expires on his birth date on the fifth calendar year after the calendar year in which it is issued, and his license is renewed for an additional five years by mail or electronically. If a licensee is sixty-five years of age or older and his license expires on his birth date on the fifth calendar year after the calendar year in which it is issued, then he may renew his license by mail for an additional five years upon submission of a certificate of vision
examination from an ophthalmologist or optometrist licensed in any state. A driver who is at least sixty-five years of age may renew his driver's license by the submission of a certificate of vision examination only once every ten years. In a year when a driver who is at least sixty-five years of age is not allowed to simply submit a vision examination, the licensee must appear in person at a department of Motor Vehicles facility.
(D) The renewal license forms distributed by the department must be designed to contain a certification that the vision of the person screened meets the minimum standards required by the department or have been corrected to meet these requirements. The certification must be executed by the person conducting the screening. The minimum standards of the department shall not require a greater degree of vision than 20/40 corrected in one eye.
(E)(C) A person whose vision is corrected to meet the minimum standards shall have the correction noted on his driver's license by the department.
(F)(D) It is unlawful for a person whose vision requires correction in order to meet the minimum standards of the department to drive a motor vehicle in this State without the use of the correction.
(G)(E) Unless otherwise provided in this section, any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. FORRESTER explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anthony Atwater Bales Bamberg Bannister Bedingfield Bernstein Bingham Bowers R. L. Brown Burns Clary Clemmons Clyburn Cobb-Hunter Cole Collins Corley H. A. Crawford Crosby Daning Delleney Dillard Duckworth Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Goldfinch Hamilton Hardee Hart Hayes Herbkersman Hicks Hill Hiott Hixon Hodges Horne Hosey Huggins Johnson Jordan Kennedy King Kirby Limehouse Long Lowe Lucas Mack McCoy McEachern McKnight M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss Murphy Nanney Newton Norman Ott Pitts Pope Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Weeks Wells
Whipper White Williams Willis Yow
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER PRO TEMPORE granted Rep. ANTHONY a leave of absence for the remainder of the day due to family medical reasons.
The following Bill was taken up:
S. 154 (Word version) -- Senators Shealy and Campsen: A BILL TO AMEND SECTION 59-39-160 OF THE 1976 CODE, RELATING TO ELIGIBILITY TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES, TO PROVIDE THE STATE BOARD OF EDUCATION MAY GRANT A WAIVER OF THE REQUIREMENTS IF A STUDENT'S INELIGIBILITY TO PARTICIPATE IN INTERSCHOLASTIC ACTIVITIES IS DUE TO A LONG-TERM ABSENCE AS A RESULT OF A MEDICAL CONDITION, BUT THE STUDENT HAS BEEN MEDICALLY CLEARED TO PARTICIPATE OR FOR ANY OTHER REASONABLE CIRCUMSTANCE AS DETERMINED BY THE STATE BOARD OF EDUCATION.
Rep. STRINGER explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atwater Bales Ballentine Bamberg Bannister Bedingfield Bingham Bowers Bradley
Brannon G. A. Brown R. L. Brown Burns Clary Clemmons Clyburn Cobb-Hunter Cole Collins Corley H. A. Crawford Crosby Daning Delleney Dillard Duckworth Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Goldfinch Govan Hamilton Hardee Hart Hayes Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Horne Howard Huggins Jefferson Johnson Jordan Limehouse Long Lowe Lucas McCoy McEachern Mitchell D. C. Moss V. S. Moss Murphy Nanney Newton Ott Parks Pitts Pope Putnam Quinn Ridgeway Riley Robinson-Simpson Rutherford Ryhal Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Toole Weeks Wells White Williams Willis Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
S. 47 (Word version) -- Senators Malloy, Kimpson, Johnson, Pinckney, Thurmond, Setzler, Grooms, Lourie, McElveen, Allen, Shealy, Coleman, Campsen, Scott and Nicholson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-240, SO AS TO PROVIDE THAT ALL STATE AND LOCAL LAW ENFORCEMENT OFFICERS MUST BE EQUIPPED WITH BODY-WORN CAMERAS.
Rep. LIMEHOUSE proposed the following Amendment No. 1 to S. 47 (Doc Name COUNCIL\SWB\4701C001.SWB.CM14.DOCX):
Amend the bill, as and if amended, Section 23-1-240, as contained in SECTION 1, by adding the following appropriately letter subsection to read:
/ ( ) If the video or audio data recorded by a 'body-worn camera' is destroyed, deleted, altered, or stolen, the court may not use this occurrence alone as a ground to dismiss a civil or criminal action against a defendant. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. LIMEHOUSE moved to adjourn debate on the amendment, which was agreed to.
Reps. GILLIARD, POPE, RUTHERFORD, QUINN, STAVRINAKIS, MCCOY AND J. E. SMITH proposed the following Amendment No. 2 to S. 47 (COUNCIL\MS\47C004.MS.AHB15), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 23 of the 1976 Code is amended by adding:
"Section 23-1-240. (A) For purposes of this section, 'Body-worn camera' means an electronic device worn on a person's body that records both audio and video data.
(B) State and local law enforcement agencies, under the direction of the Law Enforcement Training Council, shall implement the use of
body-worn cameras pursuant to guidelines established by the Law Enforcement Training Council.
(C) Within the first one hundred eighty days after the effective date of this section, the Law Enforcement Training Council shall conduct a thorough study of the use, implementation procedures, and costs, and any other related aspects associated with body-worn cameras in those jurisdictions with body-worn cameras currently in use or which begin their use during this period. At the end of the first one hundred eighty day period, The Law Enforcement Training Council shall have an additional one hundred eighty days to develop guidelines for the use of body-worn cameras by state and local law enforcement agencies and is authorized to promulgate these guidelines by regulation which must be in effect not later than three hundred and sixty days from the effective date of this act. In addition, the Law Enforcement Training Council shall have continuing authority to update the guidelines by regulation as necessary. The guidelines must include, but are not limited to, specifying which law enforcement officers must wear body-worn cameras, when body-worn cameras must be worn and activated, restrictions on the use of body-worn cameras, the process to obtain consent of victims and witnesses before using body-worn cameras during an interview, the retention and release of data recorded by body-worn cameras, and access to the data recorded by body-worn cameras pursuant to subsection (G). The Law Enforcement Training Council shall provide the guidelines to state and local law enforcement agencies.
(D) The Law Enforcement Training Council shall develop policies and procedures for the use of body-worn cameras pursuant to the guidelines established by the Law Enforcement Training Council. Individual State and local law enforcement agencies may submit any requested modifications to the policies and procedures for their jurisdiction to the Law Enforcement Training Council. The Law Enforcement Training Council shall review and approve or disapprove of the modifications to the policies and procedures. If the Law Enforcement Training Council disapproves of the policies and procedures, the law enforcement agency shall modify and resubmit the policies and procedures. In addition to the other requirements of this section, The Law Enforcement Training Council, by three hundred sixty days from the effective date of this section, shall submit a report to the General Assembly which must include:
(1) a specific retention policy that each state and local law enforcement agency must follow in order to ensure that body-worn
camera audio and video data is retained for an appropriate amount of time while balancing when that data should be destroyed to ensure it is, in fact, destroyed in a timely manner for the protection of all parties concerned;
(2) A detailed privacy policy regarding the release of body-worn camera audio or video data including the limitation on its access in order to ensure the privacy rights of all parties concerned;
(3) In conjunction with the retention policy and privacy protections required by the provisions of items (1) and (2), suggested penalties for a violation by a state and local law enforcement agency in order to ensure and reinforce compliance with these mandates;
(4) any other recommendations for further statutory provisions necessary to ensure the provisions of this section are appropriately and efficiently managed and carried out; and
(5) the fiscal impact associated with the use of body-worn cameras as required by the provisions of this section, updated continuously as necessary.
(E)(1) A 'Body-Worn Cameras Fund' is established within the Department of Public Safety for the purpose of assisting state and local law enforcement agencies, the Attorney General's office, solicitors' offices, and public defenders' offices in implementing the provisions of this section including, but not limited to, the initial purchase, maintenance, and replacement of body-worn cameras and ongoing costs related to the maintenance and storage of data recorded by body-worn cameras. The Public Safety Coordinating Council shall oversee the fund, and shall, within one hundred eighty days of the effective date of this act, establish a process for the application for and disbursement of monies to state and local law enforcement agencies, the Attorney General's office, solicitors' offices, and public defenders' offices. The Public Safety Coordinating Council shall disburse the funds in a fair and equitable manner, taking into consideration priorities in funding.
(2) Upon implementation of policies and procedures relating to body-worn cameras, a State or local law enforcement agency may apply to the Public Safety Coordinating Council for funding to implement the agency's use of body-worn cameras pursuant to this section including, but not limited to, the initial purchase, maintenance, and replacement of body-worn cameras and ongoing costs related to the maintenance and storage of data recorded by body-worn cameras. A state or local law enforcement agency is not required to implement the use of body-worn cameras pursuant to this section until the agency has received full funding.
(F) Nothing in this section prohibits a state or local law enforcement agency's use of body-worn cameras pursuant to the agency's existing policies and procedures and funding while the agency is awaiting receipt of the Law Enforcement Training Council's guidelines, the policies and procedures from the Law Enforcement Training Council, and funding from the Public Safety Coordinating Council. Such an agency is eligible to apply to the Public Safety Coordinating Council for reimbursement including, but not limited to, the initial purchase, maintenance, and replacement of body-worn cameras and ongoing costs related to maintenance and storage of data recorded by body-worn cameras.
(G)(1) Data recorded by a body-worn camera is not a public record subject to disclosure under the freedom of information act.
(2) The State Law Enforcement Division, the Attorney General, and a circuit solicitor may request and must receive data recorded by a body-worn camera for any legitimate criminal justice purpose.
(3) A law enforcement agency, the State Law Enforcement Division, the Attorney General, or a circuit solicitor may release data recorded by a body-worn camera in its discretion.
(4) A law enforcement agency may request and must receive data recorded by a body-worn camera if the recording is relevant to an internal investigation regarding misconduct or disciplinary action of a law enforcement officer.
(5) In addition to the persons who may request and must receive data recorded by a body-worn camera provided in item (2), the following are also entitled to request and receive such data pursuant to the South Carolina Rules of Criminal Procedure or the South Carolina Rules of Civil Procedure:
(a) a person who is the subject of the recording;
(b) a criminal defendant if the recording is relevant to a pending criminal action;
(c) a civil litigant if the recording is relevant to a pending civil action;
(d) a person whose property has been seized or damaged in relation to, or is otherwise involved with, a crime to which the recording is related;
(e) a parent or legal guardian of a minor or incapacitated person described in subitem (A) or (B); and
(f) an attorney for a person described in subitems (a) through (e).
(H) Nothing in this section may be construed to require the dismissal of a charge for a violation of a criminal offense when a body-worn camera malfunctions or otherwise fails to record an incident or alleged criminal violation or if an officer equipped with a body-worn camera fails to record such incident or alleged criminal violation so long as such failure is not both wilful and malicious. If such failure is deemed by a court of competent jurisdiction to be wilful and malicious, the court must make a specific finding on the record, based upon the totality of the circumstances, and the court may prohibit the prosecution from introducing evidence related to the charges or may provide other relief as the court deems just under the circumstances."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. POPE explained the amendment.
Rep. POPE spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
The amendment was then adopted.
Rep. GILLIARD proposed the following Amendment No. 3 to S. 47 (COUNCIL\MS\47C006.MS.AHB15), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION at the beginning to read:
/ SECTION __. This act may be cited as "The Walter L. Scott Law". /
Renumber sections to conform.
Amend title to conform.
Rep. GILLIARD explained the amendment.
The amendment was then adopted.
The SPEAKER PRO TEMPORE granted Rep. HIXON a temporary leave of absence.
The SPEAKER PRO TEMPORE granted Rep. FELDER a temporary leave of absence.
Rep. PITTS proposed the following Amendment No. 4 to S. 47 (COUNCIL\SWB\47C005.MS.AHB.15), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 23-1-240, by adding an appropriately lettered subsection at the end to read:
/ ( ) All law enforcement personnel present on State House grounds or who are accompanying statewide-elected officials or members of the General Assembly must be equipped with body-worn cameras which must be continuously recording at all times. /
Renumber sections to conform.
Amend title to conform.
Rep. PITTS explained the amendment.
Rep. TAYLOR demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
G. A. Brown Clary Clemmons Cobb-Hunter Corley H. A. Crawford Daning Duckworth Funderburk Gagnon Gambrell Goldfinch Jefferson King Lucas McEachern W. J. McLeod Merrill Newton Pitts Putnam Riley Ryhal Sandifer G. R. Smith Tallon White Willis Yow
Those who voted in the negative are:
Alexander Allison Anderson Atwater Ballentine Bamberg Bannister Bedingfield Bingham Bowers Bradley Brannon R. L. Brown Burns Chumley
Cole Collins Crosby Delleney Dillard Erickson Finlay Forrester George Gilliard Govan Hamilton Hardee Hart Hayes Henegan Herbkersman Hicks Hill Hiott Hodges Hosey Howard Huggins Jordan Kennedy Kirby Limehouse Long Mack McCoy McKnight M. S. McLeod Mitchell D. C. Moss V. S. Moss Nanney Norman Norrell Parks Pope Quinn Ridgeway Rivers Robinson-Simpson Rutherford Simrill G. M. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Taylor Thayer Tinkler Toole Weeks Wells Whipper Williams
So, the amendment was rejected.
The SPEAKER PRO TEMPORE granted Rep. NANNEY a leave of absence for the remainder of the day.
Rep. LIMEHOUSE proposed the following Amendment No. 5 to S. 47 (COUNCIL\SWB\47C002.SWB.CM15), which was ruled out of order:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/SECTION __. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
Section 56-1-17. (A) The Department of Motor Vehicles must create a video presentation that contains information regarding the proper procedure that a motorist must follow when stopped by a law enforcement officer. The video presentation must depict a motorist's
conduct during a stop that is acceptable, which includes, but is not limited to:
(1) remaining secured by a seat belt in a vehicle;
(2) presenting the officer with the motorist's driver's license, vehicle registration, and proof of insurance;
(3) the driver keeping his hands in plain view; and
(4) the driver remaining calm.
(B) The video presentation must be viewed by a person before he is issued a beginner's permit, a driver's license, or a commercial driver's license by the department. /
Renumber sections to conform.
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. MCKNIGHT raised the Point of Order that under Rule 9.3, Amendment No. 5 to S. 47 was out of order in that it was not germane to the Bill.
Rep. LIMEHOUSE spoke against the Point of Order.
The SPEAKER PRO TEMPORE sustained the Point of Order and ruled that Amendment No. 5 to S. 47 was not germane.
The SPEAKER granted Rep. J. E. SMITH a temporary leave of absence.
Reps. ATWATER, COBB-HUNTER and STRINGER proposed the following Amendment No. 6 to S. 47 (COUNCIL\MS\47C007.MS. AHB15), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 23 of the 1976 Code is amended by adding:
"Section 23-1-240. (A) For purposes of this section, 'Body-worn camera' means an electronic device worn on a person's body that records both audio and video data.
(B) State and local law enforcement agencies, under the direction of the Law Enforcement Training Council, shall implement the use of
body-worn cameras pursuant to guidelines established by the Law Enforcement Training Council.
(C) Within the first one hundred eighty days after the effective date of this section, the Law Enforcement Training Council, in consultation with a member of the South Carolina Association of Criminal Defense Lawyers appointed by the president of the association, shall conduct a thorough study of the use, implementation procedures, and costs, and any other related aspects associated with body-worn cameras in those jurisdictions with body-worn cameras currently in use or which begin their use during this period. At the end of the first one hundred eighty day period, The Law Enforcement Training Council, in consultation with a member of the South Carolina Association of Criminal Defense Lawyers appointed by the president of the association, shall have an additional one hundred eighty days to develop guidelines for the use of body-worn cameras by state and local law enforcement agencies and is authorized to promulgate these guidelines by regulation which must be in effect not later than three hundred and sixty days from the effective date of this act. In addition, the Law Enforcement Training Council, in consultation with a member of the South Carolina Association of Criminal Defense Lawyers appointed by the president of the association, shall have continuing authority to update the guidelines by regulation as necessary. The guidelines must include, but are not limited to, specifying which law enforcement officers must wear body-worn cameras, when body-worn cameras must be worn and activated, restrictions on the use of body-worn cameras, the process to obtain consent of victims and witnesses before using body-worn cameras during an interview, the retention and release of data recorded by body-worn cameras, and access to the data recorded by body-worn cameras pursuant to subsection (G). The Law Enforcement Training Council shall provide the guidelines to state and local law enforcement agencies.
(D) The Law Enforcement Training Council, in consultation with a member of the South Carolina Association of Criminal Defense Lawyers appointed by the president of the association, shall develop policies and procedures for the use of body-worn cameras pursuant to the guidelines established by the Law Enforcement Training Council. Individual State and local law enforcement agencies may submit any requested modifications to the policies and procedures for their jurisdiction to the Law Enforcement Training Council. The Law Enforcement Training Council shall review and approve or disapprove of the modifications to the policies and procedures. If the Law
Enforcement Training Council disapproves of the policies and procedures, the law enforcement agency shall modify and resubmit the policies and procedures. In addition to the other requirements of this section, The Law Enforcement Training Council, by three hundred sixty days from the effective date of this section, shall submit a report to the General Assembly which must include:
(1) a specific retention policy that each state and local law enforcement agency must follow in order to ensure that body-worn camera audio and video data is retained for an appropriate amount of time while balancing when that data should be destroyed to ensure it is, in fact, destroyed in a timely manner for the protection of all parties concerned;
(2) A detailed privacy policy regarding the release of body-worn camera audio or video data including the limitation on its access in order to ensure the privacy rights of all parties concerned;
(3) In conjunction with the retention policy and privacy protections required by the provisions of items (1) and (2), suggested penalties for a violation by a state and local law enforcement agency in order to ensure and reinforce compliance with these mandates;
(4) any other recommendations for further statutory provisions necessary to ensure the provisions of this section are appropriately and efficiently managed and carried out; and
(5) the fiscal impact associated with the use of body-worn cameras as required by the provisions of this section, updated continuously as necessary.
(E)(1) A 'Body-Worn Cameras Fund' is established within the Department of Public Safety for the purpose of assisting state and local law enforcement agencies, the Attorney General's office, solicitors' offices, and public defenders' offices in implementing the provisions of this section including, but not limited to, the initial purchase, maintenance, and replacement of body-worn cameras and ongoing costs related to the maintenance and storage of data recorded by body-worn cameras. The Public Safety Coordinating Council shall oversee the fund, and shall, within one hundred eighty days of the effective date of this act, establish a process for the application for and disbursement of monies to state and local law enforcement agencies, the Attorney General's office, solicitors' offices, and public defenders' offices. The Public Safety Coordinating Council shall disburse the funds in a fair and equitable manner, taking into consideration priorities in funding.
(2) Upon implementation of policies and procedures relating to body-worn cameras, a State or local law enforcement agency may apply
to the Public Safety Coordinating Council for funding to implement the agency's use of body-worn cameras pursuant to this section including, but not limited to, the initial purchase, maintenance, and replacement of body-worn cameras and ongoing costs related to the maintenance and storage of data recorded by body-worn cameras. A state or local law enforcement agency is not required to implement the use of body-worn cameras pursuant to this section until the agency has received full funding.
(F) Nothing in this section prohibits a state or local law enforcement agency's use of body-worn cameras pursuant to the agency's existing policies and procedures and funding while the agency is awaiting receipt of the Law Enforcement Training Council's guidelines, the policies and procedures from the Law Enforcement Training Council, and funding from the Public Safety Coordinating Council. Such an agency is eligible to apply to the Public Safety Coordinating Council for reimbursement including, but not limited to, the initial purchase, maintenance, and replacement of body-worn cameras and ongoing costs related to maintenance and storage of data recorded by body-worn cameras.
(G)(1) Data recorded by a body-worn camera is not a public record subject to disclosure under the freedom of information act.
(2) The State Law Enforcement Division, the Attorney General, and a circuit solicitor may request and must receive data recorded by a body-worn camera for any legitimate criminal justice purpose.
(3) A law enforcement agency, the State Law Enforcement Division, the Attorney General, or a circuit solicitor may release data recorded by a body-worn camera in its discretion.
(4) A law enforcement agency may request and must receive data recorded by a body-worn camera if the recording is relevant to an internal investigation regarding misconduct or disciplinary action of a law enforcement officer.
(5) In addition to the persons who may request and must receive data recorded by a body-worn camera provided in item (2), the following are also entitled to request and receive such data pursuant to the South Carolina Rules of Criminal Procedure or the South Carolina Rules of Civil Procedure:
(a) a person who is the subject of the recording;
(b) a criminal defendant if the recording is relevant to a pending criminal action;
(c) a civil litigant if the recording is relevant to a pending civil action;
(d) a person whose property has been seized or damaged in relation to, or is otherwise involved with, a crime to which the recording is related;
(e) a parent or legal guardian of a minor or incapacitated person described in subitem (A) or (B); and
(f) an attorney for a person described in subitems (a) through (e).
(H) Nothing in this section may be construed to require the dismissal of a charge for a violation of a criminal offense when a body-worn camera malfunctions or otherwise fails to record an incident or alleged criminal violation or if an officer equipped with a body-worn camera fails to record such incident or alleged criminal violation so long as such failure is not both wilful and malicious. If such failure is deemed by a court of competent jurisdiction to be wilful and malicious, the court must make a specific finding on the record, based upon the totality of the circumstances, and the court may prohibit the prosecution from introducing evidence related to the charges or may provide other relief as the court deems just under the circumstances."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. ATWATER explained the amendment.
The amendment was then adopted.
Rep. PITTS proposed the following Amendment No. 7 to S. 47 (COUNCIL\MS\47C008.MS.AHB15), which was rejected:
Amend the bill, as and if amended, SECTION 1, Section 23-1-240, by adding an appropriately lettered subsection at the end to read:
/ ( ) All law enforcement personnel present on State House grounds or who are accompanying statewide-elected officials or members of the General Assembly must be equipped with body-worn cameras which must be recording consistent with the guidelines, policies, and procedures established by the Law Enforcement Training Council. /
Renumber sections to conform.
Amend title to conform.
Rep. PITTS explained the amendment.
The amendment was then rejected by a division vote of 35 to 48.
Rep. LIMEHOUSE proposed the following Amendment No. 1 to S. 47 (COUNCIL\SWB\47C001.SWB.CM15), which was adopted:
Amend the bill, as and if amended, Section 23-1-240, as contained in SECTION 1, by adding the following appropriately letter subsection to read:
/ ( ) If the video or audio data recorded by a 'body-worn camera' is destroyed, deleted, altered, or stolen, the court may not use this occurrence alone as a ground to dismiss a civil or criminal action against a defendant. /
Renumber sections to conform.
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. RUTHERFORD moved to table the amendment.
The House refused to table the amendment, by a division vote of 43 to 52.
The question then recurred to the adoption of the amendment.
Rep. PITTS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Atwater Ballentine Bannister Bedingfield Bernstein Bingham Bradley G. A. Brown Burns Chumley Clary Clyburn Cole Collins Corley H. A. Crawford Crosby Daning Delleney Duckworth Erickson Finlay Forrester Funderburk Gagnon Gambrell George Goldfinch Govan Hamilton Hayes Herbkersman Hicks Hill Hiott Horne Hosey Huggins Johnson Jordan Kennedy Kirby Limehouse Loftis
Lowe W. J. McLeod Merrill D. C. Moss V. S. Moss Murphy Newton Norman Ott Pitts Pope Putnam Quinn Riley Rivers Ryhal Sandifer Simrill G. M. Smith G. R. Smith Sottile Southard Spires Stringer Tallon Taylor Thayer Tinkler Toole Wells White Willis Yow
Those who voted in the negative are:
Alexander Anderson Bales Bamberg Bowers R. L. Brown Cobb-Hunter Dillard Gilliard Hart Henegan Howard Jefferson King Mack McEachern McKnight M. S. McLeod Mitchell Norrell Parks Ridgeway Robinson-Simpson Rutherford Weeks Whipper Williams
So, the amendment was adopted.
Rep. PITTS spoke upon the Bill.
Rep. POPE spoke in favor of the Bill.
Rep. PITTS spoke upon the Bill.
Rep. KING spoke in favor of the Bill.
Rep. HOWARD spoke in favor of the Bill.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson 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 Duckworth Erickson Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hart Hayes Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Jordan Kennedy King Kirby Limehouse Loftis Lowe Lucas Mack McCoy McEachern McKnight M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Murphy Newton Norman Norrell Ott Parks Pitts Pope Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sandifer Simrill G. M. Smith G. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Toole Weeks Wells Whipper White Williams Willis Yow
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. HOSEY moved that the House recur to the morning hour, which was agreed to.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 268 (Word version) -- Senators L. Martin and Campsen: A BILL TO AMEND SECTION 14-7-1630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF STATE GRAND JURIES, TO AMEND SECTION 14-7-1650, AS AMENDED, RELATING TO THE DUTIES AND OBLIGATIONS OF THE ATTORNEY GENERAL REGARDING THE STATE GRAND JURY SYSTEM, TO AMEND SECTION 14-7-1660, AS AMENDED, RELATING TO THE SELECTION OF GRAND JURORS, TO AMEND SECTION 14-7-1690, AS AMENDED, RELATING TO THE GRAND JURY'S AREAS OF INQUIRY AND RELATED PROCEDURES, TO AMEND SECTION 14-7-1720, AS AMENDED, RELATING TO SECRECY OF GRAND JURY PROCEEDINGS, AND TO AMEND SECTION 14-7-1730, AS AMENDED, RELATING TO JURISDICTION OF PRESIDING JUDGES OF STATE GRAND JURIES, ALL SO AS TO REVISE PROCEDURES REGARDING THE STATE GRAND JURY SYSTEM RELATING TO NOTIFICATION PROCEDURES WHEN A STATE GRAND JURY IS IMPANELED, COMMUNICATIONS BETWEEN THE PRESIDING JUDGE AND THE ATTORNEY GENERAL INCLUDING APPELLATE REVIEW OF A JUDGE'S REFUSAL TO IMPANEL A STATE GRAND JURY, AMONG OTHER THINGS, TO PROVIDE A PROCEDURE WHEN A CONFLICT OF INTEREST ARISES INVOLVING THE ATTORNEY GENERAL RELATED TO THE GRAND JURY PROCESS, TO PROVIDE PROCEDURES RELATED TO SECRECY OF CERTAIN
GRAND JURY PROCEEDINGS, AND TO MAKE OTHER NECESSARY TECHNICAL CHANGES.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 590 (Word version) -- Senators L. Martin and Hutto: A BILL TO AMEND SECTIONS 56-1-400(B) AND 56-5-2941(L), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IGNITION INTERLOCK DEVICES, SO AS TO PROVIDE THAT THE EMPLOYER'S VEHICLE WAIVER DOES NOT APPLY TO A PERSON CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF SECTION 56-5-2930, 56-5-2933, 56-5-2945, OR A LAW OF ANOTHER STATE THAT PROHIBITS A PERSON FROM DRIVING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR OTHER DRUGS, UNLESS THE PERSON'S DRIVING PRIVILEGES HAVE BEEN SUSPENDED FOR NOT LESS THAN ONE YEAR OR THE PERSON HAS HAD AN IGNITION INTERLOCK DEVICE INSTALLED FOR NOT LESS THAN ONE YEAR ON EACH OF THE MOTOR VEHICLES OWNED OR OPERATED, OR BOTH, BY THE PERSON; AND TO AMEND SECTION 29-5-2990(B), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR A VIOLATION OF SECTION 56-5-2930, 56-5-2933, OR A LAW OF ANOTHER STATE THAT PROHIBITS A PERSON FROM DRIVING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR OTHER DRUGS, SO AS TO PROVIDE THAT ENTRY INTO AN ALCOHOL AND DRUG SAFETY ACTION PROGRAM'S SERVICES, IF THE SERVICES ARE NECESSARY, IS A MANDATORY REQUIREMENT FOR THE ISSUANCE OF AN IGNITION INTERLOCK RESTRICTED LICENSE.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 133 (Word version) -- Senators Davis and Kimpson: A BILL TO AMEND SECTION 63-19-2050 OF THE 1976 CODE, RELATING TO RECORD DESTRUCTION OF JUVENILE RECORDS, TO PROVIDE
FOR THE AUTOMATIC EXPUNGEMENT OF JUVENILE RECORDS FOR NON-VIOLENT CRIMES THAT OCCUR BEFORE THE AGE OF SIXTEEN YEARS OLD, TO PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH THE AUTOMATIC EXPUNGEMENT MAY OCCUR, AND TO PROVIDE FOR AN EXPUNGEMENT PROCESS FOR JUVENILE RECORDS RELATED TO CERTAIN CRIMES THAT OCCUR AT THE AGE OF SIXTEEN OR SEVENTEEN YEARS OLD.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 78 (Word version) -- Senators Massey and Nicholson: A BILL TO AMEND ARTICLE 1, CHAPTER 59, TITLE 12 OF THE 1976 CODE, RELATING TO FORFEITED LANDS, BY ADDING SECTION 12-59-140, SO AS TO ENACT THE "FORFEITED LANDS EMERGENCY DEVELOPMENT ACT", AND TO PROVIDE FOR THE AUTHORITY OF COUNTY COUNCILS AND FORFEITED LAND COMMISSIONS TO PETITION LEGISLATIVE DELEGATIONS FOR THE USE OF THE SPECIAL AUTHORITIES PROVIDED IN THIS ACT.
Ordered for consideration tomorrow.
Rep. HERBKERSMAN, from the Jasper Delegation, submitted a favorable report on:
S. 461 (Word version) -- Senator Pinckney: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 17 IN JASPER COUNTY FROM ITS INTERSECTION WITH CROWFIELD ROAD TO ITS INTERSECTION WITH HIGHWAY S-27-29 "THOMAS E. MILLER BOULEVARD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "THOMAS E. MILLER BOULEVARD".
Ordered for consideration tomorrow.
The following was introduced:
H. 4177 (Word version) -- Reps. G. M. Smith, Bernstein, Finlay, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR LIEUTENANT COLONEL LEE MEARS, SOUTH CAROLINA AIR NATIONAL GUARD, UPON THE OCCASION OF HIS RETIREMENT AFTER MORE THAN TWO DECADES OF OUTSTANDING SERVICE IN THE UNITED STATES ARMED FORCES, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
Rep. ATWATER moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3474 (Word version) -- Reps. Murphy, Horne, Jefferson, Knight, Mack, Tinkler and Whipper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF UNITED STATES HIGHWAY 78 AND DEMING WAY IN DORCHESTER
COUNTY "MAJOR ERNEST SAMUEL MOULTRIE INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION THAT CONTAIN THIS DESIGNATION.
At 1:12 p.m. the House, in accordance with the motion of Rep. G. M. SMITH, adjourned in memory of James "Jimbo" D. Harrelson, Jr. of Sumter, to meet at 10:00 a.m. tomorrow.
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