Indicates Matter Stricken
Indicates New Matter
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 Job 42:2: "Then Job answered the Lord: 'I know that you can do all things, and that no purpose of yours can be thwarted'."
Let us pray. Powerful God, direct our thinking so we can count on You to provide for each of us the knowledge, power, and strength to do the things You have in store for us. Give these Representatives Your love and power to do right for the people of this State. Grant them Your peace in doing Your will. To You, O God, we give the glory for the great thing You have done through these women and men. Keep our Nation, President, State, Governor, Speaker, staff, and all who serve, in Your love and care. Bless our defenders of freedom as they protect us. Heal the wounds, those seen and those hidden, of our brave warriors who suffer and sacrifice for our freedom. Lord, in Your mercy, hear our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, February 11, the SPEAKER ordered it confirmed.
Rep. FELDER moved that when the House adjourns, it adjourn in memory of World War II Veteran, David Lee "Deat" Yarborough of Fort Mill, which was agreed to.
The following was received:
Columbia, S.C., February 17, 2016
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.
Master-in-Equity Reappointment
Dorchester County Master-in Equity
Term Commencing: June 30, 2016
Term Expiring: June 30, 2022
Seat: Master-in-Equity
The Honorable James E. Chellis
106 Pine Grove Avenue
Summerville, South Carolina 29483
My very best,
Nikki R. Haley
Governor
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Daning Delleney Douglas George Hardee Hixon Jefferson Johnson Kennedy Kirby Knight Lucas D. C. Moss Murphy Norrell Ridgeway Tinkler Weeks Willis
Those who voted in the negative are:
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., February 17, 2016
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.
Master-in-Equity Reappointment
Allendale County Master-in Equity
Term Commencing: December 31, 2014
Term Expiring: December 31, 2020
Seat: Master-in-Equity
The Honorable Walter H. Sanders, Jr.
Post Office Box 840
Fairfax, South Carolina 29827
My very best,
Nikki R. Haley
Governor
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Anthony Bales Bradley Brannon Clyburn Corley Delleney Douglas Duckworth Fry George Goldfinch Hart Hayes Hicks Hixon Hodges Hosey Johnson Jordan Kennedy Kirby Knight Lowe Lucas D. C. Moss Murphy Norman Norrell Ridgeway Sandifer Sottile Spires Weeks Whitmire Willis Yow
Those who voted in the negative are:
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., February 17, 2016
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.
Master-in-Equity Appointment
Anderson-Oconee Counties Master-in Equity
Term Commencing: June 30, 2016
Term Expiring: June 30, 2022
Seat: Master-in-Equity
Vice: The Honorable Ellis B. Drew, Jr.
Mr. Steven C. Kirven
115 Carter Hall Drive
Anderson, South Carolina 29621
My very best,
Nikki R. Haley
Governor
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Bales Bannister Bradley G. A. Brown R. L. Brown Burns Corley Delleney Dillard Douglas Duckworth Felder Fry Funderburk Gagnon George Goldfinch Hardee Hayes Herbkersman Hicks Hill Hixon Hosey Jefferson Johnson Jordan Kennedy King Kirby Knight Limehouse Loftis Long Lowe Lucas M. S. McLeod W. J. McLeod D. C. Moss Norman Norrell Ridgeway Sandifer Sottile Spires Stavrinakis Thayer Weeks White Whitmire Willis Yow
Those who voted in the negative are:
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
On motion of Rep. D. C. MOSS, with unanimous consent, the following was taken up for immediate consideration and accepted:
February 23, 2016
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the South Carolina Petroleum Council, the Members of the House of Representatives are invited to a Legislative Breakfast. This event will be held on Thursday, February 25, 2016, from 8:00 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.
Sincerely,
Bonnie D. Loomis
Executive Director
South Carolina Petroleum Council
On motion of Rep. BALES, with unanimous consent, the following were taken up for immediate consideration and accepted:
February 23, 2016
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of Clemson University and the Clemson University Foundation, the Members of the House of Representatives and their staff are invited to a Legislative Reception. This event will be held on Tuesday, March 1, 2016, from 6:00 p.m. until 8:00 p.m. at the Hall at Senate's End.
Sincerely,
James P. Clements, Ph.D.
President
February 23, 2016
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the Governor's School of the Arts Foundation, the Members of the House of Representatives are invited to a Legislative Reception. This event will be held on Tuesday, March 1, 2016, from 7:00 p.m. until 9:00 p.m. at the Palmetto Club.
Sincerely,
Tim McClain, Executive Director
Governor's School of the Arts Foundation
February 23, 2016
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the South Carolina Association of School Administrators (SCASA), the Members of the House of Representatives are invited to a Legislative Breakfast. This event will be held on Wednesday, March 2, 2016, from 8:00 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.
Sincerely,
Elizabeth A. Phibbs
Interim Executive Director
February 23, 2016
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the South Carolina Optometric Physicians Association, the Members of the House of Representatives are invited to a Legislative Luncheon. This event will be held on Wednesday, March 2, 2016, from 12:00 p.m. until 2:00 p.m. at the Palmetto Club.
Sincerely,
Jackie Rivers
Executive Director
February 23, 2016
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of President Pastides and the Board of Trustees of the University of South Carolina, the Members of the House of Representatives and their staff are invited to a Legislative Reception. This event will be held on Wednesday, March 2, 2016, from 6:00 p.m. until 8:00 p.m. at the USC Alumni Center located at 900 Senate St, Columbia.
Sincerely,
Shirley D. Mills
Director, Government and Community Relations
February 23, 2016
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the Richland County Council, the Members of the House of Representatives and their staff are invited to a Legislative Reception. This event will be held on Wednesday, March 2, 2016, from 7:00 p.m. until 9:00 p.m. at the Columbia Metropolitan Convention Center.
Sincerely,
Torrey Rush
Chairman, Richland County Council
February 23, 2016
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the South Carolina Free Clinic Association, the Members of the House of Representatives and their staff are invited to a Legislative Breakfast. This event will be held on Thursday, March 3, 2016, from 8:00 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.
Sincerely,
Virginia Ann Mullikin
Executive Director, SC Free Clinic Association
February 23, 2016
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the Conservation Voters of South Carolina, the Members of the House of Representatives are invited to a Legislative Reception. This event will be held on Tuesday, March 8, 2016, from 6:00 p.m. until 8:00 p.m. at 701 Whaley Street.
Sincerely,
Rebecca Haynes
Director of Government Relations, CVSC
February 23, 2016
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the National Guard Association of South Carolina, the Members of the House of Representatives and their staff are invited to a Legislative Reception. This event will be held on Tuesday, March 8, 2016, from 7:00 p.m. until 9:00 p.m. at the First Citizens Cafe.
Sincerely,
Brian Flynn
Chairman, Legislative Committee
South Carolina National Guard Association
February 23, 2016
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the SC Catholic Conference and Diocese of Charleston, the Members of the House of Representatives are invited to a Legislative Breakfast. This event will be held on Wednesday, March 9, 2016, from 8:00 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.
Sincerely,
Michael F. Acquilano, J.D.
SC Catholic Conference
February 23, 2016
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the South Carolina Baptist Convention, the Members of the House of Representatives are invited to a Legislative Luncheon. This event will be held on Wednesday, March 9, 2016, from 12:00 p.m. until 2:00 p.m. on the State House Grounds.
Sincerely,
Mark Hendrick
SC Baptist Convention, Office of Public Policy
February 23, 2016
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the South Carolina Insurance News Service, the Members of the House of Representatives and their staff are invited to a Legislative Reception. This event will be held on Wednesday, March 9, 2016, from 6:00 p.m. until 8:00 p.m. at the Capital City Club.
Sincerely,
Russ Dubisky
Executive Director, South Carolina Insurance News Service
February 23, 2016
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the South Carolina HIV Task Force, the Members of the House of Representatives and their staff are invited to a Legislative Breakfast. This event will be held on Thursday, March 10, 2016, from 8:00 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.
Sincerely,
Kendall Brooks, MSW
Executive Director, South Carolina HIV Task Force
February 23, 2016
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the South Carolina Beer Wholesalers Association, the Members of the House of Representatives and their staff are invited to a Legislative Reception. This event will be held on Tuesday, March 15, 2016, from 6:00 p.m. until 8:00 p.m. at 1114 College Street, Columbia.
Sincerely,
Vicki Walker
South Carolina Beer Wholesalers Association
February 23, 2016
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the Home Builders Association of South Carolina, the Members of the House of Representatives are invited to a Legislative Reception. This event will be held on Tuesday, March 15, 2016, from 7:00 p.m. until 9:00 p.m. at Seawell's, 1125 Rosewood Dr., Columbia.
Sincerely,
Mark Nix
Executive Director, Home Builders Association of South Carolina
February 23, 2016
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the South Carolina Vocational Rehabilitation Association, the Members of the House of Representatives and their staff are invited to a Legislative Breakfast. This event will be held on Wednesday, March 16, 2016, from 8:00 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.
Sincerely,
Mark G. Wade
SCVRA Liaison
February 23, 2016
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the South Carolina State Firefighters' Association, the Members of the House of Representatives and their staff are invited to a Legislative Luncheon. This event will be held on Wednesday, March 16, 2016, from 12:00 p.m. until 2:00 p.m. on the State House Grounds.
Sincerely,
Ashley Boltin
Training and Events Coordinator, SC State Firefighters Association
February 23, 2016
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the South Carolina Supreme Court Justices, Court of Appeals Judges, Circuit Court Judges, Family Court Judges, and Masters-in-Equity, the Members of the House of Representatives are invited to a Legislative Reception. This event will be held on Wednesday, March 16, 2016, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House.
Sincerely,
Judge Paul M. Burch
February 23, 2016
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the Board of Trustees for Leadership South Carolina, the Members of the House of Representatives and their staff are invited to a Legislative Breakfast. This event will be held on Thursday, March 17, 2016, from 8:00 a.m. until 10:00 a.m. in Room 112 of the Blatt Building.
Sincerely,
Helen Munnerlyn
Executive Director, Leadership South Carolina
The following were received and referred to the appropriate committee for consideration:
Document No. 4576
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Hotels, Motels, and Similar Facilities
Received by Speaker of the House of Representatives
February 17, 2016
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration January 23, 2017
Document No. 4575
Agency: Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Examples of the Application of Tax to Various Charges Imposed by Hotels, Motels, and Other Facilities
Received by Speaker of the House of Representatives
February 17, 2016
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration January 23, 2017
Document No. 4639
Agency: State Board of Education
Statutory Authority: 1976 Code Sections 59-5-60(1), 59-25-110, 59-26-10 et seq., and 20 U.S.C. 6301 et seq.
Requirements for Additional Areas of Certification
Received by Speaker of the House of Representatives
February 16, 2016
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration January 22, 2017
Document No. 4638
Agency: State Board of Education
Statutory Authority: 1976 Code Sections 59-5-60(1), 59-25-110, 59-26-10 et seq., and 20 U.S.C. 6301 et seq.
Credential Classification
Received by Speaker of the House of Representatives
February 16, 2016
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration January 22, 2017
Document No. 4637
Agency: State Board of Education
Statutory Authority: 1976 Code Sections 59-5-60 and 59-25-110
Certification Requirements
Received by Speaker of the House of Representatives
February 16, 2016
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration January 22, 2017
Document No. 4636
Agency: State Board of Education
Statutory Authority: 1976 Code Sections 59-5-60, 59-20-60, and 20 U.S.C. 6301 et seq.
Accreditation Criteria
Received by Speaker of the House of Representatives
February 16, 2016
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration January 22, 2017
The following was received and referred to the appropriate committee for consideration:
Document No. 4590
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 48-1-10 et seq.
Air Pollution Control Regulations and Standards
Received by Speaker of the House of Representatives
January 12, 2016
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration May 11, 2016
Regulations and Administrative Procedures
01/12/2016 Received by Lt. Gov. & Speaker 05/11/2016
01/12/2016 Referred to Committee
01/13/2016 Referred to Committee
02/05/2016 Committee Requested Withdrawal
120 Day Period Tolled
02/12/2016 Withdrawn and Resubmitted 05/18/2016
The Senate sent to the House the following:
S. 1056 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO DECLARE FEBRUARY 21 THROUGH FEBRUARY 27, 2016, AS "EATING DISORDERS AWARENESS WEEK" IN THE STATE OF SOUTH CAROLINA TO COINCIDE WITH NATIONAL EATING DISORDERS AWARENESS WEEK, AND TO DECLARE THURSDAY, FEBRUARY 25, 2016, "EATING DISORDERS AWARENESS DAY" IN SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1077 (Word version) -- Senators Bryant, Massey, Young, Alexander, Allen, Bennett, Bright, Campbell, Campsen, Cleary, Coleman, Corbin, Courson, Cromer, Davis, Fair, Gregory, Grooms, Hayes, Hembree, Hutto, Jackson, Johnson, Kimpson, Leatherman, Lourie, Malloy, L. Martin, S. Martin, J. Matthews, M. B. Matthews, McElveen, Nicholson, Peeler, Rankin, Reese, Sabb, Scott, Setzler, Shealy, Sheheen, Thurmond, Turner, Verdin and Williams: A CONCURRENT RESOLUTION TO THANK THE UNITED STATES ARMY CORPS OF ENGINEERS OF THE SOUTH ATLANTIC DIVISION FOR RECONSIDERING THEIR DECISION REGARDING PRIVATE USE OF THE SAVANNAH RIVER BASIN FOR LAWN AND GARDEN IRRIGATION AND TO RECOGNIZE THE LAKE HARTWELL ASSOCIATION ON THEIR EFFORTS TO MONITOR AND COMMUNICATE ON BEHALF OF THE CITIZENS AFFECTED BY THESE DECISIONS.
The Concurrent Resolution was ordered referred to the Committee on Agriculture, Natural Resources and Environmental Affairs.
The Senate sent to the House the following:
S. 1080 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE WEST COLUMBIA CITY ADMINISTRATOR JENNIFER CUNNINGHAM UPON THE OCCASION OF HER RETIREMENT AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
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.
Without Reference
H. 4947 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ALIGNMENT OF ASSESSMENT AND ACCOUNTABILITY ELEMENTS WITH THE NO CHILD LEFT BEHIND ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 4603, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
S. 72 (Word version) -- Senators Campsen, Grooms, Bright, Fair, Corbin and Verdin: A BILL TO AMEND SECTION 59-39-112 OF THE 1976 CODE, RELATING TO ELECTIVE CREDIT FOR RELEASED TIME CLASSES IN RELIGIOUS INSTRUCTION FOR HIGH SCHOOL STUDENTS, TO PROVIDE THAT THE SCHOOL DISTRICT BOARD OF TRUSTEES MAY, AS A MEANS TO ENSURE EVALUATION OF INSTRUCTION ON THE BASIS OF PURELY SECULAR CRITERIA, ACCEPT TIME RELEASED CREDITS AS TRANSFER CREDITS FROM AN ACCREDITED PRIVATE SCHOOL THAT HAS AWARDED PRIVATE SCHOOL CREDITS FOR A RELEASED TIME PROGRAM OPERATED BY AN UNACCREDITED ENTITY.
Referred to Committee on Education and Public Works
S. 493 (Word version) -- Senator O'Dell: 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.
Referred to Committee on Ways and Means
S. 524 (Word version) -- Senators Hembree and Fair: A BILL TO AMEND SECTION 16-15-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDECENT EXPOSURE, SO AS TO PROVIDE THAT A CORRECTIONS OR DETENTION FACILITY IS CONSIDERED A PUBLIC PLACE, AND TO PROVIDE THAT IF THE VIOLATION OCCURS WITHIN A CORRECTIONS OR DETENTION FACILITY, THE SENTENCE IS TO RUN CONSECUTIVELY.
Referred to Committee on Judiciary
S. 849 (Word version) -- Senators Cromer, Allen and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 TO CHAPTER 71, TITLE 38 SO AS TO PROVIDE PROCEDURES GOVERNING THE MAXIMUM ALLOWABLE COST REIMBURSEMENTS FOR GENERIC PRESCRIPTION DRUGS BY PHARMACY BENEFIT MANAGERS, TO PROVIDE NECESSARY DEFINITIONS, TO EXEMPT THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES IN THE PERFORMANCE OF ITS DUTIES IN ADMINISTERING MEDICAID UNDER TITLES XIX AND XXI OF THE SOCIAL SECURITY ACT, TO PROVIDE REQUIREMENTS FOR PLACING DRUGS ON MAXIMUM ALLOWABLE COST LISTS BY PHARMACY BENEFIT MANAGERS, AND TO PROVIDE VARIOUS REQUIREMENTS OF PHARMACY BENEFIT MANAGERS; TO PROVIDE CONTRACTS BETWEEN PHARMACIES AND PHARMACY BENEFIT MANAGERS THAT ARE ENTERED INTO, RENEWED, OR EXTENDED ON OR AFTER THE EFFECTIVE DATE OF THIS ACT; AND TO MAKE THE PROVISIONS OF THIS ACT EFFECTIVE JANUARY 1, 2016.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 937 (Word version) -- Senator Young: A BILL TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THE AIKEN COUNTY VOTING PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.
Referred to Aiken Delegation
S. 978 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 38-9-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RISK-BASED CAPITAL PLANS, SO AS TO INCREASE THE MULTIPLIER FOR A COMPANY ACTION LEVEL EVENT FOR A LIFE AND HEALTH INSURER FROM 2.5 TO 3.0; TO AMEND SECTION 38-87-30, RELATING TO THE CHARTERING OF A RISK RETENTION GROUP, SO AS TO DEFINE TERMS, TO PROVIDE THAT A MAJORITY OF A RISK RETENTION GROUPS' DIRECTORS MUST BE INDEPENDENT DIRECTORS, TO ESTABLISH THE MAXIMUM TERM OF ANY MATERIAL SERVICE PROVIDER CONTRACT, TO REQUIRE THE BOARD OF DIRECTORS TO ADOPT A WRITTEN POLICY, TO REQUIRE THE BOARD OF DIRECTORS TO ADOPT AND DISCLOSE ITS GOVERNANCE STANDARDS, TO REQUIRE THE BOARD TO ADOPT AND DISCLOSE A CODE OF BUSINESS CONDUCT AND ETHICS, TO REQUIRE A RISK RETENTION GROUP TO COMPLY WITH APPLICABLE REGULATIONS, TO ESTABLISH PROCEDURES FOR NONCOMPLIANCE, AND TO SET ESTABLISHED DATES FOR COMPLIANCE; TO AMEND SECTION 38-87-40, RELATING TO OUT-OF-STATE RISK RETENTION GROUPS, SO AS TO ALLOW AN OUT-OF-STATE RISK RETENTION GROUP TO SUBMIT REVISIONS TO ITS PLAN OF OPERATION WITHIN THIRTY DAYS OF APPROVAL BY THE STATE INSURANCE COMMISSION OR WITHIN THIRTY DAYS IF NO APPROVAL IS REQUIRED; AND TO AMEND SECTION 38-90-160, AS AMENDED, RELATING TO CAPTIVE INSURANCE COMPANIES, SO AS TO EXTEND THE PROVISIONS OF SECTION 38-87-30 TO A RISK RETENTION GROUP LICENSED AS A CAPTIVE INSURANCE COMPANY.
Referred to Committee on Labor, Commerce and Industry
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allison Anderson Anthony Atwater Bales Ballentine Bamberg Bannister Bernstein Bingham Bradley Brannon G. A. Brown R. L. Brown Burns Chumley Clary Clyburn Cobb-Hunter Cole Collins Corley Crosby Daning Delleney Dillard Douglas Duckworth Felder Finlay Fry Funderburk Gagnon George Gilliard Goldfinch Govan Hamilton Hardee Hart Hayes Henderson Henegan Hicks Hill Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King Kirby Loftis Long Lucas Mack McEachern McKnight M. S. McLeod W. J. McLeod Merrill D. C. Moss V. S. Moss Murphy Norman Norrell Ott Pope Putnam Ridgeway Rivers Rutherford Ryhal Sandifer Simrill G. M. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Toole Weeks Wells Whipper White Whitmire Williams Willis Yow
I came in after the roll call and was present for the Session on Tuesday, February 23.
William Bowers Alan D. Clemmons Shannon Erickson Michael Forrester William G. Herbkersman Patsy Knight H. B. "Chip" Limehouse Phillip Lowe Joseph Neal Weston Newton Richard "Rick" Quinn Robert Riley Leola Robinson-Simpson G. R. Smith
The SPEAKER granted Rep. HORNE a leave of absence for the day.
The SPEAKER granted Rep. BEDINGFIELD a leave of absence for the day due to family medical reasons.
The SPEAKER granted Rep. GAMBRELL a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. NANNEY a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. MCCOY a leave of absence for the day due to business reasons.
The SPEAKER granted Rep. H. A. CRAWFORD a temporary leave of absence.
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. 3096 (Word version)
Date: ADD:
02/23/16 SANDIFER
Bill Number: H. 3105 (Word version)
Date: ADD:
02/23/16 PARKS, KIRBY, G. A. BROWN, ANTHONY, HAYES, GEORGE, NORRELL and YOW
Bill Number: H. 3167 (Word version)
Date: ADD:
02/23/16 POPE, SIMRILL, JOHNSON, FELDER, KENNEDY, HOWARD, WILLIAMS, DOUGLAS, DILLARD, HAYES, DANING, CROSBY, GEORGE, BALES, BRADLEY, MURPHY, BANNISTER, DELLENEY, BINGHAM, MCKNIGHT, KIRBY, FRY, HARDEE, RYHAL, YOW, GAGNON, WILLIS, RUTHERFORD, HIXON, TAYLOR, HILL, JORDAN, GOLDFINCH, CLEMMONS and DUCKWORTH
Bill Number: H. 4092 (Word version)
Date: ADD:
02/23/16 BALES and KNIGHT
Bill Number: H. 4093 (Word version)
Date: ADD:
02/23/16 FELDER and WELLS
Bill Number: H. 4407 (Word version)
Date: ADD:
02/23/16 DUCKWORTH
Bill Number: H. 4454 (Word version)
Date: ADD:
02/23/16 DUCKWORTH
Bill Number: H. 4455 (Word version)
Date: ADD:
02/23/16 DUCKWORTH
Bill Number: H. 4456 (Word version)
Date: ADD:
02/23/16 DUCKWORTH
Bill Number: H. 4510 (Word version)
Date: ADD:
02/23/16 HAMILTON, ERICKSON and LONG
Bill Number: H. 4537 (Word version)
Date: ADD:
02/23/16 ERICKSON and LONG
Bill Number: H. 4548 (Word version)
Date: ADD:
02/23/16 GAGNON
Bill Number: H. 4712 (Word version)
Date: ADD:
02/23/16 BALES
Bill Number: H. 4717 (Word version)
Date: ADD:
02/23/16 R. L. BROWN and WHIPPER
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 adjourn debate on the Bill, which was adopted.
Rep. TALLON moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4949 (Word version) -- Reps. Rutherford, 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, Fry, 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, 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 EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF REVEREND WILLIE "BILL" PALMER OF SPARTANBURG COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LARGE AND LOVING FAMILY AND HIS MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 4950 (Word version) -- Reps. Clary, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, 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 HONOR THE HEAD COACH OF MEN'S SOCCER AT CLEMSON UNIVERSITY, MIKE NOONAN, FOR AN OUTSTANDING SEASON AND TO CONGRATULATE HIM FOR BEING NAMED NATIONAL COACH OF THE YEAR.
The Resolution was adopted.
The following was introduced:
H. 4951 (Word version) -- Reps. Clary, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, 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 HONOR CLEMSON UNIVERSITY FOOTBALL TEAM'S QUARTERBACK DESHAUN WATSON FOR AN INCREDIBLE SEASON AND TO CONGRATULATE HIM FOR BEING ONE OF THREE FINALISTS FOR THE PRESTIGIOUS HEISMAN TROPHY IN 2016.
The Resolution was adopted.
The following was introduced:
H. 4952 (Word version) -- Reps. Clary, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, 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 HONOR CLEMSON UNIVERSITY'S HEAD FOOTBALL COACH, DABO SWINNEY, FOR AN OUTSTANDING SEASON AND TO CONGRATULATE HIM FOR BEING NAMED NATIONAL COACH OF THE YEAR.
The Resolution was adopted.
The following was introduced:
H. 4953 (Word version) -- Reps. Clary, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, 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 HONOR KYLE FISHER, DEFENDER FOR THE CLEMSON UNIVERSITY MEN'S SOCCER TEAM, FOR A REMARKABLE SEASON AND TO CONGRATULATE HIM FOR BEING NAMED THE 2015 ATLANTIC COAST CONFERENCE DEFENSIVE PLAYER OF THE YEAR.
The Resolution was adopted.
The following was introduced:
H. 4954 (Word version) -- Reps. J. E. Smith, 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, Fry, 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, 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 SUSAN WILLIAMSON DEVENNY, DIRECTOR OF SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS, ON THE OCCASION OF HER DEPARTURE FROM THE AGENCY, TO THANK HER FOR HER MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE TO THE CHILDREN AND FAMILIES OF SOUTH CAROLINA, AND TO WISH HER MUCH SUCCESS AND FULFILLMENT IN HER NEW ROLE AS PRESIDENT OF LANCASTER'S J. MARION SIMS FOUNDATION.
The Resolution was adopted.
The following was introduced:
H. 4955 (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, Fry, 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 RECOGNIZE AND HONOR THE CHAPIN HIGH SCHOOL MARCHING BAND, BAND DIRECTORS, AND SCHOOL OFFICIALS FOR A DAZZLING PERFORMING SEASON AND TO CONGRATULATE THEM FOR CAPTURING THE 2015 CLASS AAA BAND DIRECTORS ASSOCIATION STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 4956 (Word version) -- Reps. Huggins and Ballentine: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CHAPIN HIGH SCHOOL MARCHING BAND OF LEXINGTON COUNTY WITH THE BAND DIRECTORS AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND HONORED FOR CAPTURING THE 2015 SOUTH CAROLINA CLASS AAA BAND DIRECTORS ASSOCIATION 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 Chapin High School marching band of Lexington County with the band directors and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and honored for capturing the 2015 South Carolina Class AAA Band Directors Association State Championship title.
The Resolution was adopted.
The following was introduced:
H. 4957 (Word version) -- Reps. Hiott, 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, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, 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 COMMEND THE AMERICAN TREE FARM SYSTEM AND THE SOUTH CAROLINA CERTIFIED TREE FARM PROGRAM FOR THEIR WISE MANAGEMENT OF OUR FOREST RESOURCES, AND TO CONGRATULATE THE AMERICAN TREE FARM
SYSTEM ON THE OCCASION OF ITS SEVENTY-FIFTH ANNIVERSARY.
The Resolution was adopted.
The following was introduced:
H. 4958 (Word version) -- Rep. Forrester: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE DORMAN HIGH SCHOOL VARSITY WRESTLING TEAM OF SPARTANBURG COUNTY WITH THE TEAM COACHES AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2016 SOUTH CAROLINA CLASS AAAA STATE CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Dorman High School varsity wrestling team of Spartanburg County with the team coaches and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2016 South Carolina Class AAAA State Championship title.
The Resolution was adopted.
The following was introduced:
H. 4959 (Word version) -- Reps. Forrester, 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, Fry, 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 HONOR THE DORMAN HIGH SCHOOL VARSITY WRESTLING TEAM, COACHES, AND SCHOOL OFFICIALS FOR A REMARKABLE SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2016 CLASS AAAA STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 4961 (Word version) -- Reps. Atwater, Alexander, Allison, Anderson, Anthony, 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, Fry, 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 COMMEND KIMBERLY FREEMAN, WORLD LANGUAGES TEACHER AT LEXINGTON MIDDLE SCHOOL, FOR HER COMMITMENT TO PROVIDING QUALITY EDUCATION FOR THE CHILDREN OF SOUTH CAROLINA AND TO CONGRATULATE HER UPON RECEIVING A COVETED MILKEN EDUCATOR AWARD.
The Resolution was adopted.
The following was introduced:
H. 4960 (Word version) -- Rep. Delleney: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND SENATE FOR ITS ANNUAL STATE HOUSE MEETING ON FRIDAY, JUNE 10, 2016, HOWEVER, THE CHAMBERS MAY NOT BE USED IF THE GENERAL ASSEMBLY IS IN SESSION OR THE CHAMBERS ARE OTHERWISE UNAVAILABLE.
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, authorize Palmetto Boys State to use the chambers of the South Carolina House of Representatives and Senate for its annual State House meeting on Friday, June 10, 2016. However, the chambers may not be used if the General Assembly is in session or the chambers are otherwise unavailable.
Be it further resolved that the State House security forces shall provide assistance and access as necessary for this meeting in accordance with previous procedures.
Be it further resolved that no charges may be made for the use of the House and Senate chambers by Palmetto Boys State on this date.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
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.
On motion of Rep. WHITE, with unanimous consent, the Bill was ordered placed on the calendar without reference
H. 4962 (Word version) -- Reps. Whipper, Cobb-Hunter, Hosey, Jefferson, Mack and Gilliard: A BILL TO AMEND SECTION 10-1-165, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF CERTAIN MONUMENTS AND MEMORIALS, SO AS TO ALLOW A WAR BETWEEN THE STATES FLAG TO BE REMOVED FROM A CHAPEL OR OTHER STRUCTURE HAVING A RELIGIOUS PURPOSE THAT IS LOCATED ON THE PUBLIC PROPERTY OF A PUBLIC INSTITUTION OF HIGHER LEARNING AND RELOCATED WITH THE APPROVAL OF THE INSTITUTION'S BOARD OF DIRECTORS.
Referred to Committee on Judiciary
S. 1049 (Word version) -- Senators Massey and Setzler: A BILL TO AMEND ARTICLE 13, CHAPTER 47, TITLE 33 OF THE 1976 CODE, RELATING TO MARKETING COOPERATIVE ASSOCIATIONS, BY ADDING SECTION 33-47-1160 TO ALLOW ASSOCIATIONS WITHIN TWO YEARS OF EXPIRATION TO SEEK REINSTATEMENT FROM THE SECRETARY OF STATE.
Referred to Committee on Ways and Means
S. 1090 (Word version) -- Senators Fair, Sheheen, Setzler, Lourie, Malloy and L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-19-5 SO AS TO PROVIDE THAT CHAPTER 19 OF TITLE 24 MAY BE CITED AS THE "JUDGE WILLIAM R. BYARS YOUTHFUL OFFENDER ACT".
Referred to Committee on Judiciary
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 adjourn debate on the Bill, which was adopted.
The following Bill was taken up:
H. 4328 (Word version) -- Rep. White: A BILL TO AMEND SECTION 12-8-1530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUARTERLY INCOME TAX WITHHOLDINGS, SO AS TO CHANGE THE DUE DATE OF THE FOURTH QUARTER RETURN FROM THE LAST DAY OF FEBRUARY TO THE LAST DAY OF JANUARY; AND TO AMEND SECTION 12-8-1550, RELATING TO THE DUE DATE FOR FILING STATEMENTS REGARDING INCOME TAX WITHHOLDINGS WITH THE DEPARTMENT OF REVENUE, SO AS TO CHANGE THE DUE DATE FROM THE LAST DAY OF FEBRUARY TO THE LAST DAY OF JANUARY.
Rep. HUGGINS explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander 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 Crosby Daning Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Fry Funderburk Gagnon George Gilliard Goldfinch Govan Hamilton Hardee Hart Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King Kirby Knight Limehouse Loftis Long Lowe Lucas Mack McEachern McKnight M. S. McLeod W. J. McLeod Merrill D. C. Moss V. S. Moss Murphy Neal Newton Norman Norrell Ott Pope Putnam Quinn Ridgeway Riley Rivers 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 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. 4577 (Word version) -- Reps. White, Bales, Merrill, D. C. Moss, G. R. Smith and Cobb-Hunter: A BILL TO AMEND SECTION 12-37-2460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREDITING OF AIRCRAFT PROPERTY TAXES, SO AS TO CREDIT THE PROCEEDS OF THE TAX TO THE STATE AVIATION FUND; AND TO AMEND SECTION 55-5-280, AS AMENDED, RELATING TO THE STATE AVIATION FUND, SO AS TO MAKE A CONFORMING CHANGE.
Rep. G. R. SMITH explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander 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 Crosby Dillard Douglas Duckworth Erickson Felder Forrester Funderburk Gagnon George Gilliard Goldfinch Govan Hamilton Hardee Hart Hayes Henderson Henegan Herbkersman Hicks Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King Kirby Knight Limehouse Long Lowe Lucas Mack McEachern McKnight M. S. McLeod W. J. McLeod Merrill D. C. Moss V. S. Moss Murphy Neal Newton Norman Norrell Ott Pope Putnam Quinn Ridgeway Riley Rivers Rutherford Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Weeks Wells Whipper Whitmire 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. 4092 (Word version) -- Reps. Loftis, H. A. Crawford, Allison, Burns, Chumley, Hardwick, Long, Kirby, Brannon, Goldfinch, Southard, Erickson, Johnson, Hill, Kennedy, Horne, Murphy, Spires, Limehouse, Anderson, Bedingfield, Clemmons, Delleney, Finlay, Forrester, Hayes, Herbkersman, Hicks, Hosey, Lowe, V. S. Moss, Newton, Norrell, Pope, Putnam, Rivers, Simrill, G. M. Smith, G. R. Smith, Sottile, Taylor, Thayer, Tinkler, Toole, Weeks, Willis, Bowers, Stavrinakis, Knight and Bales: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENT RATIOS, SO AS TO PROVIDE THAT WHEN AN OWNER RECEIVING THE FOUR PERCENT ASSESSMENT RATIO DIES, THE PROPERTY SHALL CONTINUE TO RECEIVE THE SPECIAL ASSESSMENT RATE UNTIL THE DECEASED'S ESTATE IS CLOSED, SO LONG AS THE PROPERTY IS NOT RENTED OR OCCUPIED.
The Ways and Means Committee proposed the following Amendment No. 1 to H. 4092 (COUNCIL\NBD\4092C001.NBD.SA16), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Section 12-43-220(c) of the 1976 Code, as last amended by Act 259 of 2014, is further amended by adding an appropriately numbered subitem at the end to read:
"( ) Notwithstanding any other provision of law, when an owner receiving the special assessment rate pursuant to item (c) dies, the property shall continue to receive the special assessment rate until the deceased's estate is closed, or upon recording of a deed or deed of distribution out of the estate, whichever occurs first. This subitem only applies if the property is not rented." /
Renumber sections to conform.
Amend title to conform.
Rep. G. R. SMITH explained the amendment.
The amendment was then adopted.
Rep. G. R. SMITH 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:
Alexander 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 Crosby Daning Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Fry Funderburk Gagnon George Gilliard Goldfinch Govan Hamilton Hardee Hart Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Hosey Howard Huggins Jefferson Jordan Kennedy King Kirby Knight Limehouse Loftis Long Lowe Lucas Mack McEachern McKnight M. S. McLeod W. J. McLeod Merrill D. C. Moss V. S. Moss Murphy Neal Newton Norman Norrell Ott Pope Putnam Quinn Ridgeway Riley Rivers 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 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. 4712 (Word version) -- Reps. White, Bannister, Rutherford, G. R. Smith, Lowe, Pitts, Hiott, Erickson, Clemmons, Loftis, G. M. Smith, Hayes, Sandifer, Whitmire, Cole, Simrill, Allison, Cobb-Hunter, Long, Huggins, Delleney, Pope and Bales: A BILL TO AMEND SECTION 12-43-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TREATMENT OF AGRICULTURAL REAL PROPERTY, MOBILE HOME, AND LESSEE IMPROVEMENTS TO REAL PROPERTY, SO AS TO CLASSIFY OFF-PREMISES OUTDOOR ADVERTISING SIGNS AS PERSONAL PROPERTY AND TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES AN OFF-PREMISES SIGN SITE MUST BE TAXED AT ITS VALUE WHICH EXISTED BEFORE THE ERECTION OF THE SIGN.
The Committee on Ways and Means proposed the following Amendment No. 1 to H. 4712 (COUNCIL\DKA\4712C002.DKA. SA16), which was adopted:
Amend the bill, as and if amended, page 2, by striking SECTION 2 in its entirety and inserting:
/ SECTION 2. This act takes effect upon approval by the Governor and first applies to property tax years after 2014. Upon the site owner providing written or electronic notice to the county assessor that his affected property was assessed other than as provided by this act, county tax officials shall adjust values and assessment ratios to reflect the provisions of this act, but no refund is allowed on account of the provisions of this act. /
Renumber sections to conform.
Amend title to conform.
Rep. G. R. SMITH explained the amendment.
The amendment was then adopted.
Rep. G. R. SMITH explained the Bill.
Rep. BRADLEY 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. 4537 (Word version) -- Reps. Henderson, Atwater, Horne, Allison, Clary, Daning, Forrester, Collins, Hiott, Duckworth, Yow, Clemmons, Fry, Johnson, Rivers, Goldfinch, Hicks, Whitmire, Sandifer, Huggins, Toole, Newton, Hixon, Crosby, Southard, Hamilton, Simrill, Kennedy, Sottile, Erickson and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3685 SO AS TO ALLOW AN INCOME TAX CREDIT FOR CONTRIBUTIONS TO A SCHOLARSHIP FUNDING ORGANIZATION THAT PROVIDES GRANTS FOR STUDENTS TO ATTEND CERTAIN INDEPENDENT SCHOOLS, TO SPECIFY THE MANNER IN WHICH THE CREDIT IS CLAIMED, TO SPECIFY THE PROCESS BY WHICH CERTAIN ORGANIZATIONS AND SCHOOLS BECOME ELIGIBLE, TO SPECIFY CERTAIN INFORMATION WHICH MUST BE MADE PUBLIC, AND TO ALLOW THE DEPARTMENT OF REVENUE TO ENFORCE THE PROVISIONS OF THE CREDIT.
Rep. G. R. SMITH 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. 4717 (Word version) -- Reps. White, Lucas, Hiott, Simrill, G. M. Smith, Lowe, Whitmire, Taylor, George, V. S. Moss, J. E. Smith, M. S. McLeod, Bowers, Corley, Parks, McKnight, Douglas, Knight, Erickson, Sandifer, Willis, Kirby, Clary, Cobb-Hunter, Hardee, Duckworth, Johnson, Limehouse, Clyburn, Bales, Horne, Stavrinakis, Hayes, Yow, Neal, Kennedy, Newton, Tinkler, Riley, Howard, King, Henegan, Williams, Anthony, Clemmons, Crosby, Cole, Daning, Dillard, Forrester, Funderburk, Gambrell, Herbkersman, Hixon, Hosey, Loftis, Long, Pitts, Rivers, Rutherford, Ryhal, G. R. Smith, Wells, W. J. McLeod, Ridgeway, G. A. Brown, Bamberg, Hodges, Alexander, Thayer, McEachern, Gagnon, Whipper and R. L. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-160 SO AS TO CREATE THE "SOUTH CAROLINA FARM AID FUND" TO ASSIST FARMERS WHO HAVE SUFFERED AT LEAST A FORTY PERCENT LOSS OF AGRICULTURAL COMMODITIES AS A RESULT OF A NATURAL DISASTER, TO CREATE THE FARM AID BOARD TO ADMINISTER THE FUND, AND TO SPECIFY ELIGIBILITY AND GRANT AMOUNTS.
Reps. WHITE, BAMBERG, OTT, HILL, HERBKERSMAN, HIOTT, DILLARD, FELDER, ALEXANDER, ANDERSON, HENEGAN, KIRBY, R. L. BROWN and V. S. MOSS requested debate on the Bill.
The following Bill was taken up:
H. 4936 (Word version) -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-50 SO AS TO PROVIDE FOR EDUCATIONAL GOALS FOR ALL SOUTH CAROLINA HIGH SCHOOL GRADUATES AND THE STANDARDS AND AREAS OF LEARNING BY WHICH THESE GOALS ARE MEASURED.
Rep. ALLISON 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. 4937 (Word version) -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-59-175 SO AS TO ESTABLISH THE SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT COORDINATING COUNCIL AND TO PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND FUNCTIONS.
Rep. ALLISON 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 Joint Resolution was taken up:
H. 4938 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION, WITH THE ASSISTANCE OF OTHER ENTITIES, SHALL SURVEY STUDENTS ENROLLED IN THE STATE'S COLLEGES OF EDUCATION AND INCLUDE QUESTIONS INQUIRING AS TO WHETHER THE STUDENTS HAVE EVER CONSIDERED TEACHING IN A RURAL AND ECONOMICALLY CHALLENGED SCHOOL DISTRICT AND WHAT INCENTIVES, IF ANY, WOULD CAUSE THEM TO CONSIDER WORKING IN SUCH A DISTRICT.
Rep. ALLISON 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:
H. 4939 (Word version) -- Education and Public Works Committee: A BILL TO ESTABLISH A COMMITTEE COMPOSED OF SPECIFIED MEMBERS TO REVIEW ALL EXISTING STATE EDUCATION STATUTES AND REPORT TO THE GENERAL ASSEMBLY THOSE WHICH ARE OBSOLETE OR NO LONGER APPLICABLE; AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP THE SYSTEM FOR PROVIDING SERVICES AND TECHNICAL ASSISTANCE FOR SCHOOL DISTRICTS ON A REGIONAL BASIS TO INCLUDE ACADEMIC ASSISTANCE AND ASSISTANCE WITH FINANCES, AND TO PROVIDE THAT THE SUPERINTENDENT OF EDUCATION SHALL REPORT THE DESIGN OF THE SYSTEM TO THE GENERAL ASSEMBLY NO LATER THAN DECEMBER 31, 2016, AND EVERY YEAR THEREAFTER REPORT THE PROGRESS OF THE SYSTEM IN REGARD TO ASSISTANCE PROVIDED TO LOCAL SCHOOL DISTRICTS, AND ALSO TO REQUIRE THAT THE DEPARTMENT OF EDUCATION SHALL MONITOR THE OPERATIONS OF SCHOOL BOARDS IN UNDERPERFORMING DISTRICTS TO DETERMINE IF THEY ARE OPERATING EFFICIENTLY AND EFFECTIVELY AND TO PROVIDE THAT THE DEPARTMENT SHALL MONITOR THE PROFESSIONAL DEVELOPMENT OF TEACHERS, STAFF, AND ADMINISTRATORS IN DISTRICTS IT DETERMINES ARE UNDERPERFORMING TO ASCERTAIN WHAT IMPROVEMENTS AND CHANGES ARE NECESSARY.
Rep. ALLISON 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. 4940 (Word version) -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-3-110 SO AS TO PROVIDE FOR THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE OFFICE OF TRANSFORMATION WITHIN THE SOUTH CAROLINA DEPARTMENT OF EDUCATION.
Rep. ALLISON 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. 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.
Rep. ALLISON 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.
On motion of Rep. HIOTT, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:
S. 40 (Word version) -- Senators Bryant, Grooms, Davis, Campsen, Cleary, Alexander, Kimpson and Young: A CONCURRENT RESOLUTION TO JOIN THE SOUTH CAROLINA AND GEORGIA JOINT WATER CAUCUS TO ENCOURAGE STATE AGENCIES, IN CONJUNCTION WITH THE U.S. ARMY CORPS OF ENGINEERS, TO IMPLEMENT A WATER MANAGEMENT PROGRAM FOR THE SAVANNAH RIVER BASIN TO ENSURE CONTINUOUS OPTIMIZATION OF WATER QUALITY AND QUANTITY MANAGEMENT OF THE WATER RESOURCES SHARED BY SOUTH CAROLINA AND GEORGIA THROUGHOUT THE SAVANNAH RIVER BASIN.
The motion period was dispensed with on motion of Rep. DELLENEY.
Rep. WHITE moved to adjourn debate upon the following Bill until Wednesday, February 24, which was adopted:
H. 3868 (Word version) -- Reps. Pitts, White, Goldfinch, Hardee, Bales, Gambrell and Gagnon: 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. WHITE moved to adjourn debate upon the following Bill until Wednesday, February 24, which was adopted:
H. 3878 (Word version) -- Reps. White, Pope, Clemmons, Duckworth, Goldfinch, Hardwick, Johnson, H. A. Crawford, George, Yow, Ryhal, Hardee, Hayes, Kirby, Bradley, Newton, Erickson and Long: 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.
The following Bill was taken up:
H. 4548 (Word version) -- Reps. Sandifer, Forrester, Toole, Bales, Chumley, Burns, Hardee, Allison, Tallon, Henderson, Clemmons, Sottile, Crosby, V. S. Moss, Jefferson, Yow, Duckworth, H. A. Crawford, Jordan, Fry, Herbkersman, Lowe, Goldfinch, Hixon, Norman, Hiott, Taylor, McCoy, D. C. Moss, Collins, Rutherford, Anderson, Kirby, Pitts, Corley, Ballentine, Hamilton, Finlay, Huggins, Ott, Govan, Riley, Willis, Thayer, Felder, Hicks, Simrill, G. A. Brown, Bedingfield, Stringer, Ryhal, King, Loftis, Hayes, Mack, Rivers, Ridgeway, Clary, Brannon, Atwater, Daning, Bannister, Anthony, McEachern, Mitchell, Erickson, Weeks, Knight, Cole, George, Horne, G. R. Smith, G. M. Smith, Williams, Limehouse, Pope, Gambrell, Alexander, Stavrinakis, Newton, White, Spires, R. L. Brown, Gilliard, Dillard and Gagnon: A BILL TO AMEND SECTION 37-2-307, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLOSING FEES ASSESSED ON MOTOR VEHICLES SALES CONTRACTS, SO AS TO PROVIDE A MOTOR VEHICLE DEALER WHO MEETS CERTAIN STATUTORY REQUIREMENTS MAY CHARGE A CLOSING FEE, TO ESTABLISH DEFENSES FOR A MOTOR VEHICLE DEALER, AND TO AUTHORIZE THE DEPARTMENT OF CONSUMER AFFAIRS TO ADMINISTER AND ENFORCE MOTOR VEHICLE DEALER CLOSING FEES.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to H. 4548 (COUNCIL\NBD\4548C001. NBD.CZ16), which was adopted:
Amend the bill, as and if amended, by adding after the title and before the enacting words:
/ Whereas, the South Carolina Supreme Court interpreted Section 37-2-307 in the matter of Freeman v. J.L.H. Investments, L.P., a/k/a Hendrick Honda of Easley issued on November 4, 2015; and
Whereas, the majority expressly invited the General Assembly to address and correct this interpretation if it disagreed with the aforementioned opinion; and
Whereas, the General Assembly finds that the court's dissenting opinion accurately reflects the intent of the General Assembly; and
Whereas, the General Assembly finds it necessary to clarify any ambiguity in the General Assembly's intent in enacting Section 37-2-307; and
Whereas, the General Assembly enacted Section 37-2-307 of the South Carolina Code in 2000 and placed the closing fee statute in the South Carolina Consumer Protection Code as a disclosure provision if a motor vehicle dealer intends to collect or charge a closing fee; and
Whereas, the General Assembly wishes to clarify that it is the intent of the General Assembly to authorize a motor vehicle dealer to charge a closing fee and to provide protection from civil liability for the charging of a closing fee if the fee is charged in compliance with Title 37 and any Department of Consumer Affairs regulations or administrative interpretations. Now, therefore, /
Amend the bill further, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 37-2-307 of the 1976 Code is amended to read:
"Section 37-2-307. (A) (1) Every motor vehicle dealer charging closing fees on a motor vehicle sales contract shall pay a one-time registration fee of ten dollars during each state fiscal before January 31st of each year to the Department of Consumer Affairs. The department shall set the fee annually in an amount not to exceed twenty-five dollars.
(2) The closing fee must be included in the advertised price of the motor vehicle, disclosed on the sales contract, and displayed in a conspicuous location in the motor vehicle dealership.
(B) A closing fee is defined as a fee charged for all administrative and financial work needed to transfer the motor vehicle to the consumer including, but not limited to, compliance with all state, federal, and lender requirements, preparation and retrieval of documents, protection of the private personal information of the consumer, records retention and storage costs, and the preparation, reconditioning, and cleaning of the motor vehicle.
(C)(1) Prior to charging a closing fee, a motor vehicle dealer shall provide written notice to the Department of Consumer Affairs of the maximum amount of a closing fee the dealer intends to charge on an annual basis. The department may review the amount of the closing fee for reasonableness using the criteria in item (2). If the department intends to conduct a formal review of a proposed closing fee, the department shall provide written notice to the motor vehicle dealer of the department's intention to review the proposed closing fee within thirty days of receiving the proposed closing fee. If the department does not provide a motor vehicle dealer with written notice of the department's intention to review the proposed closing fee within thirty days, the motor vehicle dealer is authorized to charge the proposed closing fee. If the department determines that a proposed closing fee is not reasonable, the department shall issue a written order detailing the department's findings. The department may require the fee to be reduced or require the motor vehicle dealer to submit a new fee for review. During the pendency of the review period, a motor vehicle dealer is authorized to charge a closing fee at an amount not to exceed the amount most recently on file and permitted to be charged by the department. If the department finds that a closing fee is not reasonable, the motor vehicle dealer may request a hearing in accordance with the Administrative Procedures Act.
(2) In determining the reasonableness of a closing fee, the department shall allow the following items to be included in a reasonable closing fee:
(a) all administrative expenses, costs, staff, supplies, materials, and financial work needed to transfer the motor vehicle to the consumer and to procure the closing of the motor vehicle transaction;
(b) all costs for administrative expenses, costs, staff, supplies, and materials necessary by dealer to comply with all state, federal, and lender requirements;
(c) all costs for administrative costs, staff, and materials needed for the preparation and retrieval of documents;
(d) all costs for administrative costs, staff, supplies, and materials necessary for the protection of the private personal information of the consumer; and
(e) all costs for administrative costs, staff, supplies, and materials necessary for records retention and storage costs.
(D) Whether the vehicle transaction is a credit sale or cash transaction:
(1) notwithstanding another provision of law, a motor vehicle dealer who complies with this section and any regulation promulgated under it and who charges a closing fee is not engaging in any action which is arbitrary, in bad faith, or unconscionable for purposes of Section 56-15-40 with regard to the charging of a closing fee and may lawfully charge a closing fee;
(2) a motor vehicle dealer may assert any defenses provided to a creditor pursuant to the provisions of this title; and
(3) a purchaser injured or damaged by an action of a motor vehicle dealer in violation of this section or any regulation promulgated thereunder, may assert the remedies available pursuant to the provisions of this title.
(E)(1) The Department of Consumer Affairs shall administer and enforce the subject of motor vehicle dealer closing fees including, but not limited to, this section. The department shall make and promulgate such rules and regulations relating to motor vehicle dealer closing fees to administer and enforce this section. The department shall have access to a motor vehicle dealer's books, accounts and records to determine if the dealer is complying with the provisions of this section, and this financial information must be kept confidential and privileged from disclosure, except as provided by law.
(2) If the department determines that a closing fee is not reasonable, the department shall issue a written order detailing the department's findings. The department may require the fee to be reduced or require the motor vehicle dealer to submit a new fee for review. If the department finds that a closing fee is not reasonable, the motor vehicle dealer may request a hearing in accordance with the Administrative Procedures Act.
(F) It is the intent of the General Assembly to authorize a motor vehicle dealer to charge a closing fee in compliance with this section and to protect a motor vehicle dealer from civil liability for charging a closing fee if the fee is charged in compliance with this title and any Department of Consumer Affairs regulation or administrative interpretation. It is further the intent to protect consumers by the disclosure and notice provisions established in this section and with the remedies provided by this Title."
SECTION 2. This act takes effect upon approval by the Governor; provided, however, a motor vehicle dealer must be allowed an additional period of thirty days from the effective date to comply with Section 37-2-307(C). /
Renumber sections to conform.
Amend title to conform.
Rep. MACK explained the amendment.
The amendment was then adopted.
Reps. OTT, GOVAN and COBB-HUNTER proposed the following Amendment No. 2 to H. 4548 (COUNCIL\NBD\4548C002.NBD. CZ16), which was adopted:
Amend the bill, as and if amended, by striking Section 37-2-307(B), as contained in SECTION 1, in its entirety and inserting:
/ (B) A closing fee is defined as a fee charged for all administrative and financial work needed to transfer the motor vehicle to the consumer including, but not limited to, compliance with all state, federal, and lender requirements, preparation and retrieval of documents, protection of the private personal information of the consumer, records retention and storage costs. /
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
The amendment was then adopted.
Reps. RUTHERFORD and W. J. MCLEOD proposed the following Amendment No. 3 to H. 4548 (COUNCIL\BH\4548C001.BH.VR16), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting language and inserting:
/ SECTION 1. Section 37-2-307 of the 1976 Code is amended to read:
"Section 37-2-307. (A)(1) Every motor vehicle dealer charging closing fees on a motor vehicle sales contract shall pay a one-time registration fee of ten dollars during each state fiscal before January 31st of each year to the Department of Consumer Affairs. The department shall set the fee annually in an amount not to exceed twenty-five dollars.
(2) The closing fee must be included in the advertised price of the motor vehicle, disclosed on the sales contract, and displayed in a conspicuous location in the motor vehicle dealership.
(B) A closing fee is defined as a fee charged for all administrative and financial work needed to transfer the motor vehicle to the consumer including, but not limited to, compliance with all state, federal, and lender requirements, preparation and retrieval of documents, protection of the private personal information of the consumer, records retention and storage costs, and the preparation, reconditioning, and cleaning of the motor vehicle.
(C)(1) Prior to charging a closing fee, a motor vehicle dealer shall provide written notice to the Department of Consumer Affairs of the maximum amount of a closing fee the dealer intends to charge on an annual basis. The department may review the amount of the closing fee for reasonableness using the criteria in item (2). If the department intends to conduct a formal review of a proposed closing fee, the department shall provide written notice to the motor vehicle dealer of the department's intention to review the proposed closing fee within thirty days of receiving the proposed closing fee. If the department does not provide a motor vehicle dealer with written notice of the department's intention to review the proposed closing fee within thirty days, the motor vehicle dealer is authorized to charge the proposed closing fee. If the department determines that a proposed closing fee is not reasonable, the department shall issue a written order detailing the department's findings. The department may require the fee to be reduced or require the motor vehicle dealer to submit a new fee for review. During the pendency of the review period, a motor vehicle dealer is authorized to charge a closing fee at an amount not to exceed the amount most recently on file and permitted to be charged by the department. If the department finds that a closing fee is not reasonable, the motor vehicle dealer may request a hearing in accordance with the Administrative Procedures Act.
(2) In determining the reasonableness of a closing fee, the department shall allow the following items to be included in a reasonable closing fee:
(a) all administrative expenses, costs, staff, supplies, materials, and financial work needed to transfer the motor vehicle to the consumer and to procure the closing of the motor vehicle transaction;
(b) all costs for administrative expenses, costs, staff, supplies, and materials necessary by dealer to comply with all state, federal, and lender requirements;
(c) all costs for administrative costs, staff, and materials needed for the preparation and retrieval of documents;
(d) all costs for administrative costs, staff, supplies, and materials necessary for the protection of the private personal information of the consumer; and
(e) all costs for administrative costs, staff, supplies, and materials necessary for records retention and storage costs.
(D) Whether the vehicle transaction is a credit sale or cash transaction:
(1) notwithstanding another provision of law, a motor vehicle dealer who complies with this section and any regulation promulgated under it and who charges a closing fee is not engaging in any action which is arbitrary, in bad faith, or unconscionable for purposes of Section 56-15-40 with regard to the charging of a closing fee and may lawfully charge a closing fee;
(2) a motor vehicle dealer may assert any defenses provided to a creditor pursuant to the provisions of this title; and
(3) a purchaser injured or damaged by an action of a motor vehicle dealer in violation of this section or any regulation promulgated thereunder, may assert the remedies available pursuant to the provisions of this title.
(E)(1) The Department of Consumer Affairs shall administer and enforce the subject of motor vehicle dealer closing fees including, but not limited to, this section. The department shall make and promulgate such rules and regulations relating to motor vehicle dealer closing fees to administer and enforce this section. The department shall have access to a motor vehicle dealer's books, accounts and records to determine if the dealer is complying with the provisions of this section, and this financial information must be kept confidential and privileged from disclosure, except as provided by law.
(2) If the department determines that a closing fee is not reasonable, the department shall issue a written order detailing the department's findings. The department may require the fee to be reduced or require the motor vehicle dealer to submit a new fee for review. If the department finds that a closing fee is not reasonable, the motor vehicle dealer may request a hearing in accordance with the Administrative Procedures Act.
(F) It is the intent of the General Assembly to authorize a motor vehicle dealer to charge a closing fee in compliance with this section and to protect a motor vehicle dealer from civil liability for charging a closing fee if the fee is charged in compliance with this title and any Department of Consumer Affairs regulation or administrative interpretation. It is further the intent to protect consumers by the disclosure and notice provisions established in this section and with the remedies provided by this Title."
SECTION 2. This act takes effect upon approval by the Governor; provided, however, a motor vehicle dealer must be allowed an additional period of thirty days from the effective date to comply with Section 37-2-307(C). /
Renumber sections to conform.
Amend title to conform.
Rep. W. J. MCLEOD explained the amendment.
Rep. NORMAN moved to table the amendment, which was agreed to.
Reps. BAMBERG, RUTHERFORD and W. J. MCLEOD proposed the following Amendment No. 4 to H. 4548 (COUNCIL\GGS\ 4548C001.GGS.ZW16), which was tabled:
Amend the bill, as and if amended, by striking SECTION 2 in its entirety and inserting:
/ SECTION 2. This act takes effect upon approval by the Governor and applies only to causes of action that arise or accrue following the act's effective date; however, a motor vehicle dealer must be allowed an additional period of thirty days from the effective date to comply with subsection (C). /
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG explained the amendment.
Rep. NORMAN moved to table the amendment, which was agreed to.
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 Bales Ballentine Bannister Bingham Bradley Brannon G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Collins Crosby Daning Delleney Dillard Douglas Erickson Felder Finlay Forrester Funderburk Gagnon George Gilliard Govan Hamilton Hardee Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Hosey Huggins Jefferson Kennedy King Kirby Knight Limehouse Loftis Long Lowe Lucas Mack McEachern M. S. McLeod W. J. McLeod Merrill D. C. Moss V. S. Moss Murphy Newton Norman Norrell Ott Pope Putnam Quinn Ridgeway Riley Rivers Ryhal Sandifer Simrill G. M. Smith G. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Toole Weeks Wells White Whitmire Williams Willis Yow
Those who voted in the negative are:
Bamberg Hart Howard McKnight Robinson-Simpson Rutherford J. E. Smith
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. BRADLEY moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4963 (Word version) -- Reps. G. A. Brown, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, 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 EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF CLIFTON M. BURRESS OF LEE COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LARGE AND LOVING FAMILY AND HIS MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 4964 (Word version) -- Reps. Bernstein, J. E. Smith, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, 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, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE GROUCHO'S DELI AT THE CELEBRATION OF ITS SEVENTY-FIFTH ANNIVERSARY AND TO CONGRATULATE THE BUSINESS ON THREE QUARTERS OF A CENTURY OF OUTSTANDINGLY SUCCESSFUL ENTREPRENEURIAL ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 4965 (Word version) -- Reps. Alexander, Jefferson, 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, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, 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 HONOR WILHELMINA JAGER MOORE UPON THE OCCASION OF HER RETIREMENT FROM THE BERKELEY COUNTY SCHOOL BOARD, TO THANK HER FOR HER MANY YEARS OF OUTSTANDING PUBLIC SERVICE, AND TO WISH HER MUCH HAPPINESS AND FULFILLMENT IN THE YEARS AHEAD.
The Resolution was adopted.
The following was introduced:
H. 4972 (Word version) -- Reps. J. E. Smith, 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, Fry, 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, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO CONGRATULATE COACH DAVID KLEINFELDER OF DREHER HIGH SCHOOL ON BEING NAMED 2015 GIRLS SOCCER COACH OF THE YEAR FOR THE STATE OF SOUTH CAROLINA BY THE NATIONAL FEDERATION OF HIGH SCHOOL COACHES ASSOCIATION OF THE NATIONAL FEDERATION OF HIGH SCHOOL ASSOCIATIONS.
The Resolution was adopted.
The following was introduced:
H. 4966 (Word version) -- Rep. G. M. Smith: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY 2016 AS "MENTAL HEALTH MONTH" IN SOUTH CAROLINA AND TO RAISE COMMUNITY AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS
AND THE NEED FOR APPROPRIATE AND ACCESSIBLE SERVICES FOR ALL PEOPLE WITH MENTAL ILLNESSES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4967 (Word version) -- Reps. Atwater, Allison, Ballentine, Bannister, Bedingfield, Brannon, Burns, Chumley, Clary, Collins, Erickson, Finlay, Forrester, Gambrell, Goldfinch, Hamilton, Henderson, Hicks, Huggins, Jordan, White, Kennedy, Loftis, Long, McCoy, Murphy, Norman, Pitts, Pope, Rivers, Sandifer, Simrill, G. R. Smith, J. E. Smith, Spires, Tallon, Taylor and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "BUSINESS LICENSE COMPLIANCE REFORM ACT"; AND TO AMEND SECTION 6-1-315, AS AMENDED, RELATING TO THE IMPOSITION OF A BUSINESS LICENSE TAX, SO AS TO PROVIDE THAT A LOCAL GOVERNING BODY SHALL HOLD A PUBLIC HEARING BEFORE ADOPTING ANY BUSINESS LICENSE TAX ORDINANCE, TO PROVIDE THAT A PERSON IS ONLY SUBJECT TO ONE BUSINESS LICENSE TAX, TO REQUIRE THE DEPARTMENT OF REVENUE TO COLLECT THE TAX, TO PROVIDE THAT THE TAX IS DUE ON FEBRUARY FIRST OF EACH YEAR AND MUST BE ABLE TO BE PAID ONLINE, TO PROVIDE THAT A LOCAL GOVERNING BODY MUST USE CERTAIN FORMS, DATES, FORMULAS, AND PENALTIES, TO PROVIDE FOR AN APPEALS PROCESS, TO PROVIDE THAT A BUSINESS IS NOT LIABLE FOR THE BUSINESS LICENSE TAX OF ANOTHER BUSINESS WITH WHICH IT CONTRACTS, AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Ways and Means
H. 4968 (Word version) -- Rep. Herbkersman: A BILL TO AMEND SECTION 27-40-790, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LANDLORD'S REMEDIES AGAINST A TENANT FOR A FAILURE TO PAY RENT, SO AS TO CHANGE THE TIME BEFORE A COURT MAY ISSUE A WARRANT OF EJECTMENT IF A TENANT FAILS TO APPEAR AND SHOW CAUSE FROM TEN DAYS TO TEN BUSINESS DAYS.
Referred to Committee on Judiciary
H. 4969 (Word version) -- Reps. Jefferson, Anderson, Henegan, Hosey, Gilliard, Howard, Williams, Southard and Clyburn: A BILL TO AMEND SECTION 29-6-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INTEREST PENALTY ON LATE PAYMENTS TO A CONTRACTOR OR SUBCONTRACTOR WHO IS CONSTRUCTING OR IMPROVING REAL PROPERTY WHEN THE CONTRACTOR OR SUBCONTRACTOR HAS COMPLETED THE AGREED UPON WORK, SO AS TO INCREASE THE INTEREST RATE PENALTY WHICH IS OWED FOR LATE PAYMENT; BY ADDING SECTION 29-6-55 SO AS TO ALSO SUBJECT AN OWNER, CONTRACTOR, OR SUBCONTRACTOR WHO VIOLATES THE PROVISIONS OF SECTION 29-6-50 TO AN ADDITIONAL MONETARY PENALTY WHICH SHALL BE PAID TO A CONTRACTOR OR SUBCONTRACTOR NOT TIMELY PAID WHERE THE CONTRACTOR OR SUBCONTRACTOR IS A MINORITY-OWNED OR A FEMALE-OWNED BUSINESS; AND TO REPEAL SECTION 29-6-60 RELATING TO CERTAIN EXCEPTIONS TO THE PROVISIONS OF CHAPTER 6, TITLE 29, INCLUDING EXCEPTIONS FOR RESIDENTIAL HOME BUILDERS AND EXCEPTIONS FOR IMPROVEMENTS TO REAL PROPERTY INTENDED FOR RESIDENTIAL PURPOSES WHICH CONSISTS OF SIXTEEN OR FEWER RESIDENTIAL UNITS.
Referred to Committee on Labor, Commerce and Industry
H. 4970 (Word version) -- Rep. R. L. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1040 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL ERECT SIGNS ALONG THE STATE'S INTERSTATE HIGHWAYS THAT INFORM MOTORISTS THAT CERTAIN VEHICLES MUST TRAVEL IN THE FARTHEST RIGHT LANE, AND TO PROVIDE A PENALTY.
Referred to Committee on Education and Public Works
H. 4971 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-190 SO AS TO ESTABLISH THAT THE USE AND ENFORCEMENT OF A NONDISPARAGEMENT CLAUSE CONSTITUTES AN UNFAIR TRADE PRACTICE AND TO PROVIDE PENALTIES FOR A VIOLATION OF THIS SECTION.
Referred to Committee on Judiciary
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 adjourn debate on the Bill until Wednesday, February 24, which was agreed to.
Rep. MACK moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4854 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO DECLARE FEBRUARY 9, 2016, AS "MS AWARENESS DAY" IN THE PALMETTO STATE AND TO ENCOURAGE ALL SOUTH CAROLINIANS TO LEARN MORE ABOUT MULTIPLE SCLEROSIS AND WHAT THEY CAN DO TO SUPPORT MS PATIENTS AND THEIR FAMILIES.
At 1:49 p.m. the House, in accordance with the motion of Rep. FELDER, adjourned in memory of World War II Veteran, David Lee "Deat" Yarborough of Fort Mill, to meet at 10:00 a.m. tomorrow.
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