The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 122:9: "For the sake of the house of the Lord our God, I will seek your good."
Let us pray. Bless us, O Lord, with Your most gracious favor. Provide these Representatives the necessary tools to accomplish what is meaningful and necessary for the good of this State. Look in favor upon our leaders, the President, Governor, Speaker, and staff as they strive to do Your will. Protect our defenders of freedom at home and abroad as they protect us. Heal the wounds, those seen and those hidden, of our brave warriors. Lord, in Your mercy, hear our prayers. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. DANING moved that when the House adjourns, it adjourn in memory of Thomas William Casey of Goose Creek, which was agreed to.
The Senate sent to the House the following:
S. 1123 (Word version) -- Senator Reese: A CONCURRENT RESOLUTION TO SALUTE THE CHESNEE HIGH SCHOOL COMPETITIVE CHEER TEAM, COACHES, AND SCHOOL OFFICIALS FOR A SUPERLATIVE SEASON AND TO HONOR THEM FOR WINNING THE CLASS AA STATE CHAMPIONSHIP TITLE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Allison Anderson Anthony Atwater Bales Ballentine Bamberg Bannister Bernstein Bingham Bradley Brannon G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Collins Corley Crosby Daning Delleney Dillard Douglas Duckworth Felder Finlay Forrester Fry Funderburk Gagnon Gambrell George Gilliard Goldfinch Hamilton Hardee Hart Hayes Henderson Henegan Herbkersman Hicks Hiott Hixon Horne Hosey Howard Jefferson Johnson Jordan Kennedy King Kirby Knight Limehouse Loftis Long Lowe Lucas McCoy W. J. McLeod Merrill D. C. Moss V. S. Moss Murphy Nanney Norman Norrell Ott Pitts Pope Putnam Ridgeway Rivers Ryhal Sandifer Simrill G. R. Smith J. E. Smith Sottile Southard Spires Tallon Taylor Tinkler Whipper White Whitmire Williams Willis Yow
I came in after the roll call and was present for the Session on Tuesday, March 1.
Terry Alexander William Bowers Heather Crawford Jonathon Hill
Kenneth F. Hodges Chip Huggins David Mack Harold Mitchell Joseph Neal Robert Riley Leola Robinson-Simpson G. Murrell Smith Leon Stavrinakis McLain R. "Mac" Toole David Weeks Anne Parks
The SPEAKER granted Rep. MCEACHERN a leave of absence for the day to attend a meeting with Vice President Biden in Washington, D.C.
The SPEAKER granted Rep. THAYER a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. BEDINGFIELD a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. WELLS a leave of absence for the day.
The SPEAKER granted Rep. M. S. MCLEOD a leave of absence for the day due to medical reasons.
Announcement was made that Dr. Matthew N. Thoma of West Columbia was the Doctor of the Day for the General Assembly.
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. 4165 (Word version)
Date: ADD:
03/01/16 WHIPPER
Bill Number: H. 4413 (Word version)
Date: ADD:
03/01/16 KING
Bill Number: H. 4542 (Word version)
Date: ADD:
03/01/16 KING and WHIPPER
Bill Number: H. 4562 (Word version)
Date: ADD:
03/01/16 YOW
Bill Number: H. 4701 (Word version)
Date: ADD:
03/01/16 HIXON, TAYLOR and JOHNSON
Bill Number: H. 4967 (Word version)
Date: REMOVE:
03/01/16 CLARY
The SPEAKER granted Rep. WILLIAMS a leave of absence for the remainder of the day.
The following Bill was taken up:
S. 1000 (Word version) -- Senator Sheheen: A BILL TO PERMIT THE TOWN OF CAMDEN TO ANNEX CERTAIN REAL PROPERTY BY ORDINANCE UPON FINDING THAT THE PROPERTY IS BLIGHTED.
Rep. FUNDERBURK moved to recommit the Bill to the Kershaw Delegation, which was agreed to.
Rep. G. A. BROWN moved that the House recur to the morning hour, which was agreed to.
Rep. CLEMMONS moved that the House recur to the morning hour, which was agreed to.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate:
H. 4946 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO NATURAL PUBLIC SWIMMING AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4570, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. ALLISON moved to adjourn debate upon the following Bill until Wednesday, March 2, which was adopted:
H. 4941 (Word version) -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-20-90 SO AS TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO DEVELOP AND ADOPT A STATEWIDE PROGRAM FOR IDENTIFYING FISCAL PRACTICES AND BUDGETARY CONDITIONS THAT, IF UNCORRECTED, COULD COMPROMISE THE FISCAL INTEGRITY OF A SCHOOL DISTRICT AND FOR ADVISING THE DISTRICT ON HOW TO TAKE APPROPRIATE CORRECTIVE ACTIONS, AND TO DIRECT THE DEPARTMENT TO PROMULGATE EMERGENCY REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS SECTION; AND BY ADDING SECTION 59-20-95 SO AS TO REQUIRE THE STATE AUDITOR TO ADOPT THE STATEWIDE PROGRAM CREATED BY THE DEPARTMENT OF EDUCATION IN SECTION 59-20-90 AND USE IT TO IDENTIFY FISCAL PRACTICES AND BUDGETARY CONDITIONS THAT, IF UNCORRECTED, COULD COMPROMISE THE FISCAL INTEGRITY OF A STATE AGENCY THAT IS ALSO A LOCAL EDUCATION AGENCY AND TO ADVISE THE STATE AGENCY THAT IS ALSO A LOCAL EDUCATION AGENCY ON HOW TO TAKE APPROPRIATE CORRECTIVE ACTIONS, AND TO PROVIDE EXCEPTIONS TO ENABLE THE STATE AUDITOR TO DIRECT THE DEPARTMENT TO IMMEDIATELY ASSUME EMERGENCY MANAGEMENT OF THE STATE AGENCY THAT IS ALSO A LOCAL EDUCATION AGENCY FOR WHICH IT HAS MADE A DECLARATION OF FISCAL CAUTION OR FISCAL EMERGENCY, TO CONTINUE THIS EMERGENCY MANAGEMENT OF THE LOCAL EDUCATION AGENCY UNTIL THE STATE AUDITOR RELEASES THE STATE AGENCY THAT IS ALSO A LOCAL EDUCATION AGENCY FROM THE DECLARATION OF FISCAL CAUTION OR FISCAL EMERGENCY, AS APPLICABLE, AND TO DIRECT THE STATE AUDITOR TO PROMULGATE EMERGENCY REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS SECTION.
The following Bill was taken up:
H. 4948 (Word version) -- Rep. Lucas: A BILL TO AMEND SECTION 57-1-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SECRETARY OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION COMMISSION SHALL APPOINT THE SECRETARY BEGINNING JULY 1, 2016; TO EXTEND THE PROVISIONS OF SECTION 6, ACT 114 OF 2007, SO AS TO ALLOW THE GOVERNOR TO APPOINT THE SECRETARY OF TRANSPORTATION UNTIL JULY 1, 2016; AND TO DELETE PARAGRAPH 84.18, PART 1B, ACT 91 OF 2015, RELATING TO THE APPOINTMENT OF THE SECRETARY OF TRANSPORTATION.
Rep. DELLENEY moved to commit the Bill to the Committee on Judiciary, which was agreed to.
The following Bill was taken up:
H. 4701 (Word version) -- Reps. Pitts, White, G. M. Smith, Simrill, Willis, Hardee, Corley, Duckworth, Fry, Goldfinch, Jordan, Erickson, Delleney, Long, Lowe, Sandifer, McCoy, Newton, Rivers, Herbkersman, Bradley, Bowers, Finlay, Huggins, Hicks, Johnson, Hixon and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "SECOND AMENDMENT PRESERVATION ACT" AND TO PROVIDE THAT THE STATE SHALL NOT ENFORCE CERTAIN LAWS, RULES, OR REGULATIONS THAT LIMIT THE RIGHT OF A PERSON TO OWN, POSSESS, OR USE A FIREARM, AMMUNITIONS, OR FIREARM ACCESSORIES, ACCEPT CERTAIN FEDERAL FUNDS THAT REQUIRE FIREARMS TO BE REGISTERED OR CONFISCATED, OR EXPEND ANY STATE FUNDS TOWARD THE ENFORCEMENT OF CERTAIN FEDERAL LAWS, RULES, OR REGULATIONS THAT REQUIRE FIREARMS TO BE REGISTERED OR CONFISCATED.
Rep. WHIPPER 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.
The following Bill was taken up:
H. 4413 (Word version) -- Reps. H. A. Crawford, Norrell, M. S. McLeod, Henegan, V. S. Moss, Hicks and King: A BILL TO AMEND SECTION 63-7-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCATIONS AT WHICH A PERSON MAY LEAVE AN INFANT UNDER CERTAIN CIRCUMSTANCES WITHOUT CRIMINAL PENALTY, SO AS TO REQUIRE SAFE HAVENS TO POST A NOTICE STATING THAT THE LOCATION IS A SAFE HAVEN, TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PREPARE THE NOTICE FOR USE BY SAFE HAVENS, TO ALLOW THE PLACEMENT OF AN INFANT NOT MORE THAN ONE YEAR OLD AT A SAFE HAVEN, AND TO CHANGE THE DEFINITION OF "INFANT".
The Committee on Judiciary proposed the following Amendment No. 1 to H. 4413 (COUNCIL\BH\4413C001.BH.VR16), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting language and inserting:
/ SECTION 1. Section 63-7-40(B), (G), and (J) of the 1976 Code is amended to read:
"(B)(1) A facility, agency, or other location designated as a safe haven pursuant to subsection (J)(2) must post a notice prepared by the department on its premises that is prominently displayed for view by the public, stating that the facility, agency, or other location is a safe haven at which a person may leave an infant.
(2) The safe haven must offer the person leaving the infant information concerning the legal effect of leaving the infant with the safe haven.
(2)(3) The safe haven must ask the person leaving the infant to identify any parent of the infant other than the person leaving the infant with the safe haven. The safe haven also must attempt to obtain from the person information concerning the infant's background and medical history as specified on a form provided by the Department of Social Services department. This information includes must include, but is not
limited to, information concerning the use of a controlled substance by the infant's mother, provided that information regarding the use of a controlled substance by the infant's mother is not admissible as evidence of the unlawful use of a controlled substance in any court proceeding. The safe haven shall must give the person a copy of the form and a prepaid envelope for mailing the form to the Department of Social Services department if the person does not wish to provide the information to the safe haven. These The department must provide these materials must be provided to safe havens by the department.
(3)(4) Any identifying Identifying information disclosed by the person leaving the infant must be kept confidential by the safe haven and disclosed to no one other than the department. However, if a court determines that the immunity provisions of subsection (H) do not apply, the safe haven may disclose the information as permitted by confidentiality protections applicable to records of the safe haven, if the safe haven has such confidentiality protections for records. The department shall must maintain confidentiality of this information in accordance with Section 63-7-1990.
(G) A person who leaves an infant at a safe haven or directs another person to do so must not be prosecuted for any criminal offense on account of such action if:
(1) the person is a parent of the infant or is acting at the direction of a parent;
(2) the person leaves the infant in the physical custody of a staff member or an employee of the safe haven; and
(3) the infant is not more than thirty one hundred eighty days old or the infant is reasonably determined by the hospital or hospital outpatient facility to be not more than thirty one hundred eighty days old.
This subsection does not apply to prosecution for the infliction of any harm upon the infant other than the harm inherent in abandonment.
(J) For purposes of this section:
(1) 'infant' means a person not more than thirty one hundred eighty days old; and
(2) 'safe haven' means a hospital or hospital outpatient facility, a law enforcement agency, a fire station, an emergency medical services station, or any staffed house of worship during hours when the facility is staffed."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. MCCOY explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Atwater Ballentine Bamberg Bannister Bernstein Bingham Bradley Brannon R. L. Brown Burns Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Felder Finlay Forrester Fry Funderburk Gagnon Gambrell George Gilliard Goldfinch Hamilton Hardee Hart Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Horne Hosey Huggins Jefferson Johnson Jordan King Kirby Knight Limehouse Loftis Long Lowe Lucas McCoy W. J. McLeod Merrill D. C. Moss V. S. Moss Murphy Nanney Newton Norman Norrell Ott Pope Putnam Ridgeway Riley Rivers Robinson-Simpson Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Tallon Taylor Tinkler Toole
Weeks Whipper White Whitmire 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 following Bill was taken up:
H. 4165 (Word version) -- Reps. King, Henegan, Douglas, Williams, M. S. McLeod and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "HOMEOWNERS' ASSOCIATION REGIME FEE FAIRNESS TO DEPLOYED SERVICE MEMBERS ACT" BY ADDING SECTION 27-1-75 SO AS TO PROVIDE A HOMEOWNERS' ASSOCIATION MAY NOT ENFORCE A LIEN FOR HOMEOWNERS' ASSOCIATION REGIME FEES THAT ACCRUE AND ARE NOT PAID DURING THE TIME PERIOD THAT THE HOMEOWNER IS DEPLOYED OR MOBILIZED OUTSIDE OF THIS STATE UNTIL THE HOMEOWNER RETURNS FROM DEPLOYMENT, TO PROVIDE A HOMEOWNERS' ASSOCIATION MAY NOT ASSESS OR IMPOSE PENALTIES FOR HOMEOWNERS' ASSOCIATION REGIME FEES NOT PAID DURING THE TIME PERIOD THAT THE HOMEOWNER IS DEPLOYED OR MOBILIZED OUTSIDE OF THIS STATE; TO MAKE THE PROVISIONS OF THIS ACT ALSO APPLICABLE TO DEPENDENTS RESIDING WITH THE SERVICE MEMBER; TO DEFINE NECESSARY TERMINOLOGY; AND TO MAKE THESE PROVISIONS RETROACTIVE TO JANUARY 1, 2015.
Rep. SANDIFER moved to adjourn debate on the Bill until Tuesday, March 15, which was agreed to.
The following Bill was taken up:
H. 4262 (Word version) -- Reps. Erickson, M. S. McLeod, Collins and Long: A BILL TO AMEND SECTION 63-13-825, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAINING FOR FAMILY CHILDCARE HOME OPERATORS AND EMPLOYEES, SO AS TO REQUIRE ADDITIONAL TRAINING; TO AMEND SECTION 63-13-830, RELATING TO STATEMENTS OF REGISTRATION FOR FAMILY CHILDCARE HOMES, SO AS TO PROVIDE ADDITIONAL AUTHORITY OF THE DEPARTMENT OF SOCIAL SERVICES AND RIGHTS OF FAMILY CHILDCARE HOMES; AND TO AMEND SECTION 63-13-850, RELATING TO APPEALS OF DECISIONS TO WITHDRAW A STATEMENT OF REGISTRATION OF A FAMILY CHILDCARE HOME, SO AS TO ALSO ADDRESS APPEALS OF DECISIONS TO DENY AN APPLICATION FOR A STATEMENT OR RENEWAL OF REGISTRATION.
Rep. DOUGLAS moved to adjourn debate on the Bill until Wednesday, March 2, which was agreed to.
The following Bill was taken up:
H. 4542 (Word version) -- Reps. McKnight, Clyburn, Cobb-Hunter, Hill, King and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 65 TO TITLE 44 TO ENACT THE "EXPERIMENTAL HEALTH CARE TREATMENT LAW" SO AS TO AUTHORIZE ACCESS TO EXPERIMENTAL TREATMENTS FOR PATIENTS WITH AN ADVANCED ILLNESS, TO ESTABLISH CONDITIONS FOR USE OF EXPERIMENTAL TREATMENTS, TO PROHIBIT PROFESSIONAL DISCIPLINE AND OTHER SANCTIONS OF HEALTH CARE PROVIDERS SOLELY FOR RECOMMENDING OR PROVIDING AN EXPERIMENTAL TREATMENT, TO CLARIFY DUTIES OF A HEALTH INSURER WITH REGARD TO EXPERIMENTAL TREATMENTS AUTHORIZED BY THIS CHAPTER, TO PROHIBIT CERTAIN ACTIONS BY STATE OFFICIALS, EMPLOYEES, AND AGENTS, TO RESTRICT CERTAIN CAUSES OF ACTION ARISING FROM THE USE OF EXPERIMENTAL TREATMENTS, AND FOR OTHER PURPOSES.
Rep. DOUGLAS moved to adjourn debate on the Bill until Wednesday, March 2, which was agreed to.
The following Joint Resolution was taken up:
H. 4982 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO UNDERGROUND STORAGE TANK CONTROL REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4565, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HIOTT 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.
The following Joint Resolution was taken up:
H. 4983 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WELL STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4571, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HIOTT 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.
The following Bill was taken up:
S. 1002 (Word version) -- Senator Cleary: A BILL TO AMEND SECTION 4-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOUNDARIES OF THE MURRELL'S INLET-GARDEN CITY FIRE DISTRICT, SO AS TO REVISE THE BOUNDARIES; AND TO REPEAL SECTION 4-23-15 RELATING TO THE BOUNDARIES OF THE SAME DISTRICT.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Atwater Bamberg Bannister Bernstein Bingham Bradley Brannon R. L. Brown Burns Chumley Clemmons Clyburn Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Felder Finlay Forrester Fry Funderburk Gagnon Gambrell George Gilliard Goldfinch Hamilton Hardee Hart Henderson Hicks Hixon Horne Hosey Huggins Jefferson Johnson Jordan Kennedy Kirby Knight Limehouse Loftis Long Lowe Lucas McCoy W. J. McLeod D. C. Moss V. S. Moss Murphy Nanney Norman Norrell Pitts Pope Putnam Ridgeway Riley Rivers Robinson-Simpson Ryhal Simrill G. M. Smith Sottile Spires Stavrinakis Tallon Taylor Tinkler
Toole Weeks White Willis Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
Rep. G. A. BROWN moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4992 (Word version) -- Reps. Allison, Brannon, Chumley, Cole, Forrester and Tallon: A CONCURRENT RESOLUTION TO HONOR NORMAN F. PULLIAM, SR., FOR HIS MORE THAN THIRTY YEARS OF DEDICATED SERVICE TO THE SC SCHOOL FOR THE DEAF AND THE BLIND AND TO WISH HIM ALL THE BEST AS HE CONTINUES TO SERVE.
At 1:02 p.m. the House, in accordance with the motion of Rep. DANING, adjourned in memory of Thomas William Casey of Goose Creek, to meet at 10:00 a.m. tomorrow.
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