Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 149:4: "For the Lord takes pleasure in His people; He adorns the humble with victory."
Let us pray. Gracious God, we give You thanks for caring for these Representatives as they strive to do the work of the people. O Lord, provide Your people with all the goods necessary to continue their duty. Grant them continued success as they go forward in passing laws for the good of all. Bless our Nation, President, State, Governor, Speaker, staff, and all who labor in this place. Keep them humble in doing their duty. Protect 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 prayers. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER PRO TEMPORE.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER PRO TEMPORE ordered it confirmed.
Rep. YOW moved that when the House adjourns, it adjourn in memory of Reverend Tom Rutan, which was agreed to.
The following was received:
Columbia, S.C., February 24, 2016
Mr. Speaker and Members of the House of Representatives:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
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
Very respectfully,
President of the Senate
Received as information.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:
H. 4846 (Word version) -- Reps. Sandifer, Gambrell, Gagnon, Hill, Putnam, Thayer, White and Whitmire: A CONCURRENT RESOLUTION TO URGE THE GOVERNING BODIES OF ANDERSON AND OCONEE COUNTIES TO DISSOLVE THEIR THIRTY-TWO YEAR OLD AGREEMENT TO HAVE ONE MASTER-IN-EQUITY TO SERVE BOTH COUNTIES, AND TO ESTABLISH A MASTER-IN-EQUITY COURT IN EACH COUNTY PURSUANT TO SECTION 14-11-10 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:
H. 4701 (Word version) -- Reps. Pitts, White, G. M. Smith, Simrill, Willis, Hardee, Corley, Duckworth, Fry, Goldfinch, Jordan, Erickson, Delleney, Long, Lowe, Sandifer, McCoy, Newton, Rivers, Herbkersman, Bradley, Bowers, Finlay, Huggins and Hicks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "SECOND AMENDMENT PRESERVATION ACT" AND TO PROVIDE THAT THE STATE SHALL NOT ENFORCE CERTAIN LAWS, RULES, OR REGULATIONS THAT LIMIT THE RIGHT OF A PERSON TO OWN, POSSESS, OR USE A FIREARM, AMMUNITIONS, OR FIREARM ACCESSORIES, ACCEPT CERTAIN FEDERAL FUNDS THAT REQUIRE FIREARMS TO BE REGISTERED OR CONFISCATED, OR EXPEND ANY STATE FUNDS TOWARD THE ENFORCEMENT OF CERTAIN FEDERAL LAWS, RULES, OR REGULATIONS THAT REQUIRE FIREARMS TO BE REGISTERED OR CONFISCATED.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4413 (Word version) -- Reps. H. A. Crawford, Norrell, M. S. McLeod, Henegan, V. S. Moss and Hicks: A BILL TO AMEND SECTION 63-7-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCATIONS AT WHICH A PERSON MAY LEAVE AN INFANT UNDER CERTAIN CIRCUMSTANCES WITHOUT CRIMINAL PENALTY, SO AS TO REQUIRE SAFE HAVENS TO POST A NOTICE STATING THAT THE LOCATION IS A SAFE HAVEN, TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PREPARE THE NOTICE FOR USE BY SAFE HAVENS, TO ALLOW THE PLACEMENT OF AN INFANT NOT MORE THAN ONE YEAR OLD AT A SAFE HAVEN, AND TO CHANGE THE DEFINITION OF "INFANT".
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 4165 (Word version) -- Reps. King, Henegan, Douglas, Williams and M. S. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "HOMEOWNERS' ASSOCIATION REGIME FEE FAIRNESS TO DEPLOYED SERVICE MEMBERS ACT" BY ADDING SECTION 27-1-75 SO AS TO PROVIDE A HOMEOWNERS' ASSOCIATION MAY NOT ENFORCE A LIEN FOR HOMEOWNERS' ASSOCIATION REGIME FEES THAT ACCRUE AND ARE NOT PAID DURING THE TIME PERIOD THAT THE HOMEOWNER IS DEPLOYED OR MOBILIZED OUTSIDE OF THIS STATE UNTIL THE HOMEOWNER RETURNS FROM DEPLOYMENT, TO PROVIDE A HOMEOWNERS' ASSOCIATION MAY NOT ASSESS OR IMPOSE PENALTIES FOR HOMEOWNERS' ASSOCIATION REGIME FEES NOT PAID DURING THE TIME PERIOD THAT THE HOMEOWNER IS DEPLOYED OR MOBILIZED OUTSIDE OF THIS STATE; TO MAKE THE PROVISIONS OF THIS ACT ALSO APPLICABLE TO DEPENDENTS RESIDING WITH THE SERVICE MEMBER; TO DEFINE NECESSARY TERMINOLOGY; AND TO MAKE THESE PROVISIONS RETROACTIVE TO JANUARY 1, 2015.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 4262 (Word version) -- Reps. Erickson, M. S. McLeod, Collins and Long: A BILL TO AMEND SECTION 63-13-825, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAINING FOR FAMILY CHILDCARE HOME OPERATORS AND EMPLOYEES, SO AS TO REQUIRE ADDITIONAL TRAINING; TO AMEND SECTION 63-13-830, RELATING TO STATEMENTS OF REGISTRATION FOR FAMILY CHILDCARE HOMES, SO AS TO PROVIDE ADDITIONAL AUTHORITY OF THE DEPARTMENT OF SOCIAL SERVICES AND RIGHTS OF FAMILY CHILDCARE HOMES; AND TO AMEND SECTION 63-13-850, RELATING TO APPEALS OF DECISIONS TO WITHDRAW A STATEMENT OF REGISTRATION OF A FAMILY CHILDCARE HOME, SO AS TO ALSO ADDRESS APPEALS OF DECISIONS TO DENY AN APPLICATION FOR A STATEMENT OR RENEWAL OF REGISTRATION.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 4542 (Word version) -- Reps. McKnight, Clyburn, Cobb-Hunter and Hill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 65 TO TITLE 44 TO ENACT THE "EXPERIMENTAL HEALTH CARE TREATMENT LAW" SO AS TO AUTHORIZE ACCESS TO EXPERIMENTAL TREATMENTS FOR PATIENTS WITH AN ADVANCED ILLNESS, TO ESTABLISH CONDITIONS FOR USE OF EXPERIMENTAL TREATMENTS, TO PROHIBIT PROFESSIONAL DISCIPLINE AND OTHER SANCTIONS OF HEALTH CARE PROVIDERS SOLELY FOR RECOMMENDING OR PROVIDING AN EXPERIMENTAL TREATMENT, TO CLARIFY DUTIES OF A HEALTH INSURER WITH REGARD TO EXPERIMENTAL TREATMENTS AUTHORIZED BY THIS CHAPTER, TO PROHIBIT CERTAIN ACTIONS BY STATE OFFICIALS, EMPLOYEES, AND AGENTS, TO RESTRICT CERTAIN CAUSES OF ACTION ARISING FROM THE USE OF EXPERIMENTAL TREATMENTS, AND FOR OTHER PURPOSES.
Ordered for consideration tomorrow.
The following was introduced:
H. 4978 (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 CONGRATULATE VESSEL P. WILSON OF RICHLAND COUNTY ON THE OCCASION OF HIS FIFTY-SEVENTH BIRTHDAY AND TO WISH HIM A JOYOUS BIRTHDAY CELEBRATION AND MANY YEARS OF CONTINUED HEALTH AND HAPPINESS.
The Resolution was adopted.
The following was introduced:
H. 4986 (Word version) -- Reps. Hosey, 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, 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 LIFETIME OF ACCOMPLISHMENTS AND THE PIONEERING VISION OF TERRY EDWIN LEE, A MAGNANIMOUS AND MODEST HERO AND FRIEND TO ALL WHO KNEW HIM.
The Resolution was adopted.
The following was introduced:
H. 4987 (Word version) -- Reps. Ridgeway, 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, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND OLIVIA "LIV" MCCONNELL OF NEW ZION FOR HER OUTSTANDING COMMUNITY SERVICE AND TO CONGRATULATE HER UPON BEING NAMED A 2016 PRUDENTIAL SPIRIT OF COMMUNITY AWARD DISTINGUISHED FINALIST.
The Resolution was adopted.
The following was introduced:
H. 4988 (Word version) -- Reps. Henderson and Hamilton: A HOUSE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE EASTSIDE HIGH SCHOOL WRESTLING TEAM ON A SUPERLATIVE SEASON AND TO SALUTE THESE ATHLETES AND THEIR COACHES ON WINNING THE 2016 CLASS AAA STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 4989 (Word version) -- Reps. Henderson and Hamilton: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE EASTSIDE HIGH SCHOOL WRESTLING TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED ON THEIR IMPRESSIVE SEASON AND FOR CAPTURING THE 2016 CLASS AAA STATE CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Eastside High School wrestling team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended on their impressive season and for capturing the 2016 Class AAA State Championship title.
The Resolution was adopted.
The following was introduced:
H. 4990 (Word version) -- Rep. Rutherford: A HOUSE RESOLUTION TO DECLARE FRIDAY, MARCH 4, 2016, AS "ETIQUETTE DAY IN SOUTH CAROLINA" AND TO COMMEND THE UNIVERSITY OF SOUTH CAROLINA'S EDUCATIONAL TALENT SEARCH PROGRAM AND ITS PARTICIPANTS FOR THEIR OUTSTANDING ACHIEVEMENTS AND PROGRESS IN BECOMING PRODUCTIVE CITIZENS.
The Resolution was adopted.
The following was introduced:
H. 4991 (Word version) -- Reps. Clyburn, 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, 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 COMMEND JOSHUA HILLARY AND JOSEPH HILLARY OF EDGEFIELD COUNTY FOR THEIR OVER FOUR DECADES OF GOSPEL MUSIC MINISTRY.
The Resolution was adopted.
The following was introduced:
H. 4996 (Word version) -- Reps. Gilliard, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE PHILLIS WHEATLEY LITERARY AND SOCIAL CLUB OF CHARLESTON FOR ITS MEANINGFUL LITERARY AND EDUCATIONAL CONTRIBUTIONS AND TO CONGRATULATE ITS MEMBERS UPON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY.
The Resolution was adopted.
The following was introduced:
H. 4979 (Word version) -- Rep. G. A. Brown: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF GUM SPRINGS ROAD AND SOUTH CAROLINA HIGHWAY 34 IN LEE COUNTY "BILLY BROWN CROSSROADS" AND ERECT APPROPRIATE MARKERS OR SIGNS ONE HUNDRED YARDS EAST AND WEST OF THIS INTERSECTION THAT CONTAIN THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4992 (Word version) -- Reps. Allison, Brannon, Chumley, Cole, Forrester and Tallon: A CONCURRENT RESOLUTION TO HONOR NORMAN F. PULLIAM, SR., FOR HIS MORE THAN THIRTY YEARS OF DEDICATED SERVICE TO THE SC SCHOOL FOR THE DEAF AND THE BLIND AND TO WISH HIM ALL THE BEST AS HE CONTINUES TO SERVE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1024 (Word version) -- Senator Shealy: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE SOUTH CAROLINA GENERAL ASSEMBLY AND THE STATE OF SOUTH CAROLINA FOR ORGAN, EYE, AND TISSUE DONATION AND TO DESIGNATE WEDNESDAY, APRIL 6, 2016, AS "ORGAN DONOR REGISTRATION DAY" IN SOUTH CAROLINA.
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. 4980 (Word version) -- Reps. Thayer, Tallon, Ryhal, Hardee, Clary, Hiott, V. S. Moss and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1537 SO AS TO PROVIDE THAT A DRIVER OF A MOTOR VEHICLE APPROACHING A VEHICLE COLLECTING SOLID WASTE OR RECOVERED MATERIALS, AS PROVIDED IN SECTION 56-5-2510, MUST PROCEED WITH CAUTION AND, IF POSSIBLE, YIELD THE RIGHT OF WAY BY MAKING A LANE CHANGE INTO A LANE THAT IS NOT ADJACENT TO THE VEHICLE COLLECTING SOLID WASTE OR RECOVERED MATERIALS, AND TO PROVIDE A PENALTY.
Referred to Committee on Education and Public Works
H. 4981 (Word version) -- Reps. Pope, Simrill, Crosby, Southard, Bales, Anthony, Bradley, Delleney, Long, V. S. Moss, Nanney, Pitts and Sottile: A BILL TO AMEND SECTION 1-7-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTENDANCE AT CIRCUIT COURT AND PREPARATION AND PUBLICATION OF THE DOCKET, SO AS TO CLARIFY THE ROLE OF THE CIRCUIT SOLICITOR IN THE DEVELOPMENT, DISSEMINATION, AND EXECUTION OF THE GENERAL SESSIONS COURT DOCKET PLAN; TO ALLOW FOR A MOTIONS PRACTICE TO ESTABLISH THE ORDER OF CASES ON THE GENERAL SESSIONS COURT DOCKET; TO PROVIDE THAT THE CIRCUIT SOLICITOR'S ABILITY TO ADMINISTER THE DOCKET MAY NOT INTERFERE WITH A DEFENDANT'S CONSTITUTIONAL RIGHTS; TO ALLOW FOR THE CIRCUIT COURT TO RULE ON CASES AND CONTROVERSIES ARISING FROM THE ADMINISTRATION OF THE DOCKET; AND TO PRESERVE ALL CRIME VICTIMS' CONSTITUTIONAL RIGHTS.
Referred to Committee on Judiciary
H. 4982 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO UNDERGROUND STORAGE TANK CONTROL REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4565, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4983 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WELL STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4571, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4984 (Word version) -- Reps. Neal, Henegan, Whipper, Gilliard, Clyburn, Hosey, Mack, McKnight and Norrell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 26 TO ARTICLE I SO AS TO ENACT THE ENVIRONMENTAL BILL OF RIGHTS, TO GRANT STANDING TO THE PEOPLE OF THIS STATE TO ENFORCE THEIR RIGHT TO CONSERVE AND PROTECT THE ENVIRONMENT, AND TO GRANT LOCAL GOVERNMENTS THE POWER TO ENACT LAWS, REGULATIONS, ORDINANCES, AND CHARTER PROVISIONS THAT ARE MORE RESTRICTIVE AND PROTECTIVE OF THE ENVIRONMENT THAN LAWS ADOPTED BY THE STATE GOVERNMENT.
Referred to Committee on Judiciary
H. 4985 (Word version) -- Reps. Neal, Henegan, Whipper, Gilliard, Clyburn, Hosey, Mack and McKnight: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-65 SO AS TO PROVIDE THAT A PERSON WHO APPLIES FOR A PERMIT, LICENSE, OR OTHER ACTION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL PROVIDE PERSONAL NOTICE TO ALL ADJACENT, ADJOINING, AND AFFECTED LANDOWNERS, TO PROHIBIT AN APPLICANT FROM TRESPASSING ON PRIVATE PROPERTY AND TO PROVIDE AN EXCEPTION, TO ESTABLISH THAT THE DEPARTMENT WILL NOT ISSUE A PERMIT IF THE APPLICANT FAILED TO GIVE NOTICE AND ALLOW FOR DUE PROCESS FOR THE POTENTIALLY AFFECTED PROPERTY OWNERS, TO ESTABLISH THAT THE DEPARTMENT WILL NOT ISSUE A PERMIT THAT WOULD IMPACT PUBLIC TRUST PROPERTY WITHOUT PROVIDING NOTICE AND DUE PROCESS FOR THE PUBLIC, AND TO PROVIDE STANDING FOR AN APPLICANT, PERMITTEE, LICENSEE, OR AFFECTED PROPERTY OWNER WHEN A REQUEST FOR FINAL REVIEW HAS BEEN FILED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4993 (Word version) -- Rep. Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1305 SO AS TO PROVIDE WHEN A PUBLIC PROTECTION CLASSIFICATION BY THE INSURANCE SERVICES OFFICE RATING IS CHANGED TO REFLECT IMPROVED FIRE PROTECTION, AN INSURER ACCORDINGLY SHALL REDUCE ITS PREMIUM FOR FIRE POLICIES IN A CERTAIN MANNER WITHIN SIXTY DAYS FROM THE EFFECTIVE DATE OF THE CHANGE IN THE PUBLIC PROTECTION CLASSIFICATION, WHICHEVER OCCURS FIRST, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE RECORD KEEPING AND PUBLIC AVAILABILITY REQUIREMENTS.
Referred to Committee on Labor, Commerce and Industry
H. 4994 (Word version) -- Reps. Bernstein and Herbkersman: A BILL TO AUTHORIZE COUNTIES AND MUNICIPALITIES TO CREATE SPECIAL TAX DISTRICTS TO ADDRESS PUBLIC AND PRIVATE INFRASTRUCTURE DAMAGED BY THE FLOODING IN OCTOBER 2015.
Rep. BERNSTEIN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. CROSBY objected.
Referred to Committee on Ways and Means
H. 4995 (Word version) -- Reps. Bernstein and Herbkersman: A BILL TO AUTHORIZE COUNTIES AND MUNICIPALITIES TO CREATE A TAX INCREMENT FINANCING SYSTEM TO REDEVELOP PUBLIC AND PRIVATE INFRASTRUCTURE DAMAGED BY THE FLOODING IN OCTOBER 2015.
Rep. HERBKERSMAN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. SOUTHARD objected.
Referred to Committee on Ways and Means
S. 975 (Word version) -- Senators L. Martin and Hutto: A BILL TO AMEND SUBSECTION (B) OF SECTION 42-3-20 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, SO AS TO PROVIDE THAT THE GOVERNOR MAY REAPPOINT A PERSON AS CHAIRMAN OF THE WORKERS' COMPENSATION COMMISSION, AND TO FURTHER PROVIDE THAT THE COMMISSION IS NOT REQUIRED TO ELECT A CHAIRMAN FROM AMONG ITS MEMBERS IN THE EVENT THE GOVERNOR DOES NOT APPOINT OR REAPPOINT A CHAIRMAN.
On motion of Rep. DELLENEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1002 (Word version) -- Senator Cleary: A BILL TO AMEND SECTION 4-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOUNDARIES OF THE MURRELL'S INLET-GARDEN CITY FIRE DISTRICT, SO AS TO REVISE THE BOUNDARIES; AND TO REPEAL SECTION 4-23-15 RELATING TO THE BOUNDARIES OF THE SAME DISTRICT.
On motion of Rep. FRY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allison Anderson Anthony Bales Ballentine Bernstein Bingham Bowers Bradley Brannon G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Clyburn Cole Collins Corley Crosby Daning Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Fry Funderburk George Gilliard Goldfinch Hardee Hayes Henderson Henegan Herbkersman Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kennedy Kirby Knight Limehouse Loftis Long Lowe Lucas Mack McCoy McEachern McKnight W. J. McLeod Merrill D. C. Moss V. S. Moss Nanney Neal Norman Ott Parks Pitts Pope Ridgeway Riley Robinson-Simpson Rutherford Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Weeks Wells Williams Willis Yow
I came in after the roll call and was present for the Session on Thursday, February 25.
Justin Bamberg Craig Gagnon Mike Gambrell Jerry Govan Chris Hart Donna Hicks Jonathon D. Hill John R. King Mia S. McLeod Weston Newton Mandy Powers Norrell Joshua Putnam Richard "Rick" Quinn Mike Ryhal McLain R. "Mac" Toole Jackson "Seth" Whipper Brian White William R. "Bill" Whitmire Dan Hamilton Gilda Cobb-Hunter
Rep. PITTS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 23.
Reps. WHITE and HART signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, February 24.
The SPEAKER PRO TEMPORE granted Rep. RIVERS a leave of absence for the day.
The SPEAKER PRO TEMPORE granted Rep. ATWATER a leave of absence for the day due to medical reasons.
The SPEAKER PRO TEMPORE granted Rep. H. A. CRAWFORD a leave of absence for the day due to medical reasons.
The SPEAKER PRO TEMPORE granted Rep. BEDINGFIELD a leave of absence for the day due to family medical reasons.
The SPEAKER PRO TEMPORE granted Rep. HORNE a leave of absence for the day.
The SPEAKER PRO TEMPORE granted Rep. MURPHY a leave of absence for the day due to a court appearance.
The SPEAKER PRO TEMPORE granted Rep. GOVAN a temporary leave of absence.
The SPEAKER PRO TEMPORE granted Rep. KING a leave of absence for the remainder of the day.
The SPEAKER PRO TEMPORE granted Rep. BALLENTINE a leave of absence for the remainder of the day due to a work related conflict.
Announcement was made that Dr. Ponce D. Bullard of Columbia was the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3022 (Word version)
Date: ADD:
02/25/16 HICKS
Bill Number: H. 3989 (Word version)
Date: ADD:
02/25/16 HICKS, MCCOY, THAYER and MCEACHERN
Bill Number: H. 4510 (Word version)
Date: ADD:
02/25/16 MCCOY and MCEACHERN
Bill Number: H. 4521 (Word version)
Date: ADD:
02/25/16 TAYLOR and FELDER
Bill Number: H. 4717 (Word version)
Date: ADD:
02/25/16 JEFFERSON, ANDERSON, SPIRES and HICKS
Bill Number: H. 4728 (Word version)
Date: ADD:
02/25/16 BRANNON
Bill Number: H. 4943 (Word version)
Date: ADD:
02/25/16 KNIGHT
Bill Number: H. 4093 (Word version)
Date: ADD:
02/25/16 LOWE
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 Tuesday, March 1, which was agreed to.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
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.
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.
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.
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.
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.
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, 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.
Reps. OTT, W. J. MCLEOD, NORRELL, DILLARD, ROBINSON-SIMPSON, HILL, WEEKS, MACK, SOUTHARD, GILLIARD, ANDERSON and R. L. BROWN requested debate on the Bill.
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 moved to adjourn debate on the Bill until Tuesday, March 1, which was agreed to.
The following Joint Resolution was taken up:
H. 4946 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO NATURAL PUBLIC SWIMMING AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4570, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. CHUMLEY explained the Joint Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Bales Bamberg G. A. Brown R. L. Brown Burns Chumley Clary Cole Collins Corley Crosby Daning Delleney Dillard Douglas Duckworth Erickson Forrester Fry Funderburk Gagnon George Gilliard Goldfinch Hayes Henegan Hicks Hill Hiott Hixon Hodges Hosey Huggins Jordan Kennedy Limehouse Long Lowe Mack McCoy McEachern McKnight M. S. McLeod Merrill D. C. Moss V. S. Moss Nanney Norrell Ott Pitts Putnam Quinn Ridgeway Riley Robinson-Simpson Sandifer Simrill G. M. Smith Sottile Southard Spires Stringer Tallon Taylor Thayer Tinkler Weeks White Whitmire Willis Yow
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
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.
Rep. WELLS explained the Joint Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Bales Bamberg Bingham Bradley Brannon G. A. Brown Burns Clary Cole Collins Crosby Daning Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Goldfinch Hamilton Hardee Hayes Henegan Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kennedy Kirby Knight Long Lowe Lucas McCoy McEachern McKnight M. S. McLeod W. J. McLeod Merrill D. C. Moss V. S. Moss Nanney Neal Newton Norman Norrell Parks Pitts Pope Putnam Quinn Riley Robinson-Simpson Rutherford Ryhal Simrill G. M. Smith G. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Weeks Wells White Williams Willis Yow
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
On motion of Rep. WELLS, with unanimous consent, it was ordered that H. 4947 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4948 (Word version) -- Rep. Lucas: A BILL TO AMEND SECTION 57-1-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SECRETARY OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION COMMISSION SHALL APPOINT THE SECRETARY BEGINNING JULY 1, 2016; TO EXTEND THE PROVISIONS OF SECTION 6, ACT 114 OF 2007, SO AS TO ALLOW THE GOVERNOR TO APPOINT THE SECRETARY OF TRANSPORTATION UNTIL JULY 1, 2016; AND TO DELETE PARAGRAPH 84.18, PART 1B, ACT 91 OF 2015, RELATING TO THE APPOINTMENT OF THE SECRETARY OF TRANSPORTATION.
Rep. LUCAS moved to adjourn debate on the Bill until Tuesday, March 1, which was agreed to.
The following Bill was taken up:
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.
Rep. TAYLOR explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Bales Bernstein Bingham Bowers G. A. Brown R. L. Brown Clemmons Clyburn Cole Corley Crosby Daning Delleney Dillard Douglas Duckworth Erickson Forrester Fry Funderburk Gagnon Gambrell George Gilliard Goldfinch Hamilton Hardee Hayes Henderson Henegan Hixon Hodges Hosey Huggins Jefferson Johnson Jordan Kirby Knight Limehouse Loftis Long Lowe Lucas Mack McEachern McKnight M. S. McLeod Merrill D. C. Moss V. S. Moss Nanney Neal Newton Norrell Ott Parks Pitts Pope Quinn Ridgeway Riley Rutherford Ryhal Simrill G. M. Smith G. R. Smith Sottile Southard Spires Stavrinakis Tallon Taylor Thayer Tinkler Weeks 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.
On motion of Rep. TAYLOR, with unanimous consent, it was ordered that S. 937 (Word version) be read the third time tomorrow.
Rep. ALLISON moved to adjourn debate on the motion to reconsider the vote where H. 4940 was rejected until Tuesday, March 1, which was agreed to.
On motion of Rep. DUCKWORTH, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:
S. 1076 (Word version) -- Senator Hembree: A BILL TO PERMIT MAINTENANCE DREDGING BY INDIVIDUALS OF CERTAIN EXISTING NAVIGATIONAL CANAL COMMUNITY DEVELOPMENTS AUTHORIZED BY A PERMIT FROM THE UNITED STATES ARMY CORPS OF ENGINEERS PURSUANT TO THE FEDERAL CLEAN WATER ACT, AS AMENDED, OR THE RIVERS AND HARBORS ACT.
On motion of Rep. SANDIFER, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means and was referred to the Committee on Labor, Commerce and Industry:
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.
Rep. SANDIFER asked unanimous consent to recall H. 4967 (Word version) from the Committee on Ways and Means.
Rep. MERRILL objected.
On motion of Rep. ALLISON, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works and was referred to the Committee on Regulations and Administrative Procedures:
S. 1043 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO DISTRICT AND SCHOOL PLANNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 4605, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. QUINN, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Ways and Means:
H. 4560 (Word version) -- Reps. Gilliard and Clyburn: A BILL TO AMEND SECTION 7-13-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT POLL MANAGERS MUST BE RESIDENTS AND REGISTERED ELECTORS OF COUNTIES, SO AS TO PROVIDE THAT AN INDIVIDUAL WHO SERVES AS A POLL MANAGER, ASSISTANT POLL MANAGER, OR POLL WORKER MUST BE COMPENSATED IN AN AMOUNT NOT LESS THAN FIFTEEN DOLLARS AN HOUR WHILE ATTENDING COMPULSORY ELECTIONS TRAINING REQUIRED BY STATE LAW AND WHILE WORKING THE DAY PRESCRIBED BY LAW TO CONDUCT GENERAL ELECTIONS.
On motion of Rep. NEWTON, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means and was referred to the Committee on Judiciary:
H. 4875 (Word version) -- Reps. Newton, Putnam, Williams, Funderburk, W. J. McLeod, Jefferson, Bowers, Finlay, M. S. McLeod, Ballentine, Clary, Delleney, Felder, Henderson, Lucas, Norman, Ridgeway, Rivers, J. E. Smith, Stringer, Tallon and Taylor: A BILL TO AMEND SECTION 2-65-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES ASSIGNED TO THE COMPTROLLER GENERAL, SO AS TO SUBSTITUTE THE TERM "STATEWIDE ACCOUNTING AND REPORTING SYSTEM" FOR THE TERM "SOUTH CAROLINA ENTERPRISE INFORMATION SYSTEM"; TO AMEND SECTION 4-9-150, AS AMENDED, RELATING TO ANNUAL AUDITS OF COUNTY FINANCIAL RECORDS AND TRANSACTIONS, SO AS TO SUBSTITUTE THE TERM "COMPTROLLER GENERAL" FOR THE TERM "STATE TREASURER"; TO AMEND SECTION 6-1-50, AS AMENDED, RELATING TO CERTAIN FINANCIAL REPORTS THAT COUNTIES AND MUNICIPALITIES SUBMIT TO THE REVENUE AND FISCAL AFFAIRS OFFICE, SO AS TO SUBSTITUTE THE TERM "COMPTROLLER GENERAL" FOR THE TERM "STATE TREASURER"; TO AMEND SECTION 8-15-65, RELATING TO ANNUAL SALARY SUPPLEMENTS APPROPRIATED BY THE GENERAL ASSEMBLY TO CERTAIN COUNTY OFFICERS, SO AS TO SUBSTITUTE THE TERM "COMPTROLLER GENERAL" FOR THE TERM "STATE TREASURER"; TO AMEND SECTION 9-1-60, AS AMENDED, RELATING TO THE IMPLEMENTATION OF THE "CAFETERIA" PLAN, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CONTINUE, MODIFY, AND IMPLEMENT ITS INDEPENDENT CAFETERIA OR FLEXIBLE BENEFITS PILOT PLAN FOR A CERTAIN PERIOD; TO AMEND SECTION 9-3-540, RELATING TO A POLITICAL SUBDIVISION'S PAYMENTS TO THE CONTRIBUTION FUND, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MUST BE NOTIFIED WHEN A POLITICAL SUBDIVISION IS DELINQUENT IN MAKING ITS PAYMENTS; TO AMEND SECTIONS 11-3-20, 11-3-50, 11-3-170, AND 11-3-230, ALL RELATING TO THE COMPTROLLER GENERAL'S SALARY, A BOOK KEPT BY THE COMPTROLLER GENERAL IN WHICH ALL APPROPRIATIONS BY THE GENERAL ASSEMBLY SHALL BE ENTERED, PAYMENTS MADE BY THE STATE TREASURER DRAWN UPON VOUCHERS DRAWN UPON THE COMPTROLLER GENERAL, THE COMPTROLLER GENERAL'S DUTY TO ENTER IN BOOKS STATEMENTS OF THE ACCOUNTS OF PERSONS HAVING THE DISTRIBUTION OF PUBLIC MONEY, AND COMPTROLLER GENERAL ACCOUNTS FOR PROFESSIONAL AND OCCUPATIONAL LICENSING AGENCIES, ALL SO AS TO DELETE THE PROVISION THAT REQUIRES THAT FEES AND PERQUISITES OF THE OFFICE SHALL BE PAID INTO THE STATE TREASURY, TO PROVIDE THAT THE COMPTROLLER GENERAL SHALL KEEP AN ACCOUNTING IN SCEIS, TO DELETE THE PROVISION THAT REQUIRES THE COMPTROLLER GENERAL TO PREPARE STATEMENTS OF EXPENDITURES ON PRINTED FORM IN DUPLICATE, AND TO DELETE THE PROVISION THAT PROVIDES HOW FUNDS CREDITED TO ACCOUNTS FOR PROFESSIONAL AND OCCUPATIONAL LICENSING AGENCIES ARE TO BE SPENT; TO AMEND SECTION 12-2-70, RELATING TO UNLAWFUL CONDUCT COMMITTED BY A COUNTY AUDITOR, TREASURER, OR A MEMBER OF A COUNTY BOARD OF TAX APPEALS, SO AS TO SUBSTITUTE THE TERM "COMPTROLLER GENERAL" FOR THE TERM "DEPARTMENT OF REVENUE"; TO AMEND SECTION 24-3-180, AS AMENDED, RELATING TO TRANSPORTATION AND CLOTHING GIVEN TO AN INMATE WHO HAS BEEN DISCHARGED FROM A STATE PRISON, SO AS TO DELETE THE PROVISION THAT REQUIRED THE COMPTROLLER GENERAL TO COUNTERSIGN THE DRAFT THAT PAYS THE COSTS OF THESE ITEMS AND PROVIDE THAT THE DRAFT MUST BE BASED ON A WARRANT ISSUED; TO AMEND SECTION 38-45-60, RELATING TO THE ACCOUNTING OF THE STATE'S PORTION OF THE BROKER'S PREMIUM TAX RATE PAYMENT, SO AS TO PROVIDE THAT THE STATE TREASURER SHALL FURNISH A DUPLICATE COPY OF THE ACCOUNTING TO THE COMPTROLLER GENERAL AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTIONS 56-1-148, 56-1-170, AS AMENDED, 56-1-171, 56-1-220, 56-1-286, AS AMENDED, 56-1-390, AS AMENDED, 56-1-395, 56-1-400, AS AMENDED, 56-1-460, AS AMENDED, 56-1-550, SECTIONS 56-1-740, 56-1-746, 56-1-2080, ALL AS AMENDED, SECTIONS 56-3-210, 56-3-355, 56-3-662, 56-3-1230, AS AMENDED, 56-3-1290, AS AMENDED, 56-3-1335, 56-3-2545, 56-3-3500, AS AMENDED, 56-3-3600, SECTIONS 56-3-3800, 56-3-3950, 56-3-4100, 56-3-4200, 56-3-4410, 56-3-4510, 56-3-4600, 56-3-4800, 56-3-5400, 56-3-6000, ALL AS AMENDED, SECTIONS 56-3-6500, 56-3-7050, 56-3-7200, 56-3-7300, AS AMENDED, 56-3-7310, 56-3-7320, 56-3-7330, AS AMENDED, 56-3-7340, 56-3-7350, 56-3-7360, AS AMENDED, 56-3-7370, 56-3-7780, AS AMENDED, 56-3-7800, 56-3-7950, SECTIONS 56-3-8000, 56-3-8100, 56-3-8200, 56-3-8300, 56-3-8600, 56-3-8710, 56-3-9400, 56-3-9500, 56-3-9600, ALL AS AMENDED, SECTIONS 56-3-9710, 56-3-10010, 56-3-10110, 56-3-10210, 56-3-10310, 56-3-11450, 56-3-12610, 56-3-13010, 56-3-13310, 56-3-13610, 56-5-750, SECTIONS 56-5-2930, 56-5-2933, AND 56-5-2942, ALL AS AMENDED, ALL RELATING TO THE IDENTIFYING CODE AFFIXED ON THE DRIVER'S LICENSE OF A PERSON CONVICTED OF CERTAIN CRIMES, THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE WHO FAILS TO PAY CHILD SUPPORT, VISION SCREENING REQUIRED FOR A PERSON TO RENEW HIS DRIVER'S LICENSE, THE SUSPENSION OF CERTAIN PERSONS' DRIVER'S LICENSES FOR DRIVING WITH AN UNLAWFUL LEVEL OF ALCOHOL CONCENTRATION, FEES ASSESSED FOR THE REINSTATEMENT OF A DRIVER'S LICENSE, THE SURRENDER OF A DRIVER'S LICENSE WHEN THE LICENSE IS SUSPENDED OR REVOKED, AND THE PLACEMENT OF AN INTERLOCK DEVICE ON THE VEHICLES OF CERTAIN PERSONS WHO HAVE BEEN CONVICTED OF OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, PENALTIES IMPOSED UPON A PERSON WHO OPERATES A VEHICLE WITH A LICENSE THAT HAS BEEN CANCELED, SUSPENDED, OR REVOKED, THE FEE IMPOSED FOR EXPEDITING A REQUEST FOR A COPY OF CERTAIN DEPARTMENT OF MOTOR VEHICLES DOCUMENTS, THE SUSPENSION OF A DRIVER'S LICENSE AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, THE ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, THE PERIOD FOR PROCURING A LICENSE PLATE FOR A MOTOR VEHICLE, THE ISSUANCE OF TEMPORARY LICENSE PLATES, AND THE TRANSFER OF A LICENSE PLATE FROM ONE VEHICLE TO ANOTHER VEHICLE, THE SUSPENSION OR REVOCATION OF A COMMERCIAL VEHICLE REGISTRATION CARD AND LICENSE PLATE, THE FEE TO OBTAIN AN IDENTIFIER, LICENSE PLATE SPECIFICATIONS AND THE ISSUANCE OF NEW LICENSE PLATES, THE TRANSFER OF A LICENSE PLATE FROM ONE VEHICLE TO ANOTHER VEHICLE, THE SUSPENSION OF A MOTOR VEHICLE LICENSE PLATE WHEN ITS DRIVER FAILS TO PAY A TOLL, THE DISPERSEMENT OF FEES COLLECTED FROM THE ISSUANCE OF CONSERVE SOUTH CAROLINA SPECIAL LICENSE PLATES, PENN CENTER SPECIAL LICENSE PLATES, SOUTH CAROLINA NURSES SPECIAL LICENSE PLATES, AMERICAN LEGION SPECIAL LICENSE PLATES, KEEP SOUTH CAROLINA BEAUTIFUL SPECIAL LICENSE PLATES, SOUTH CAROLINA ELKS ASSOCIATION SPECIAL LICENSE PLATES, CAROLINA PANTHERS SPECIAL LICENSE PLATES, SHARE THE ROAD SPECIAL LICENSE PLATES, SPECIAL COMMEMORATIVE LICENSE PLATES, HOMEOWNERSHIP: THE AMERICAN DREAM SPECIAL LICENSE PLATES, SONS OF CONFEDERATE VETERANS SPECIAL LICENSE PLATES, FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES, UNITED STATES ARMED SERVICES SPECIAL LICENSE PLATES, UNITED STATES NAVAL ACADEMY SPECIAL LICENSE PLATES, UNITED STATES AIR FORCE ACADEMY SPECIAL LICENSE PLATES, ARTS AWARENESS SPECIAL LICENSE PLATES, SALTWATER FISHING SPECIAL LICENSE PLATES, SUPPORT OUR TROOPS SPECIAL LICENSE PLATES, EMERGENCY MEDICAL SERVICE SPECIAL LICENSE PLATES, BOY SCOUTS OF AMERICA AND EAGLE SCOUT SPECIAL LICENSE PLATES, NATIVE AMERICAN SPECIAL LICENSE PLATES, SOUTH CAROLINA PEACH COUNCIL SPECIAL LICENSE PLATES, KOREAN WAR VETERANS SPECIAL LICENSE PLATES, CAREER RESEARCH CENTERS OF THE CAROLINAS SPECIAL LICENSE PLATES, VIETNAM WAR VETERANS SPECIAL LICENSE PLATES, SOUTH CAROLINA AQUARIUM SPECIAL LICENSE PLATES, HUNTING ISLAND STATE PARK SPECIAL LICENSE PLATES, NONPROFIT ORGANIZATION SPECIAL LICENSE PLATES, SPECIAL LICENSE PLATES PRODUCTION AND DISTRIBUTION GUIDELINES, ROTARY INTERNATIONAL SPECIAL LICENSE PLATES, MARINE CORPS LEAGUE SPECIAL LICENSE PLATES, DUCKS UNLIMITED SPECIAL LICENSE PLATES, NASCAR SPECIAL LICENSE PLATES, MORRIS ISLAND LIGHTHOUSE SPECIAL LICENSE PLATES, GOD BLESS AMERICA SPECIAL LICENSE PLATES, NO MORE HOMELESS PETS SPECIAL LICENSE PLATES, HERITAGE CLASSIC FOUNDATION SPECIAL LICENSE PLATES, PARROT HEAD SPECIAL LICENSE PLATES, OPERATION DESERT STORM - DESERT SHIELD VETERANS SPECIAL LICENSE PLATES, OPERATION ENDURING FREEDOM VETERAN SPECIAL LICENSE PLATES, OPERATION IRAQI FREEDOM VETERAN SPECIAL LICENSE PLATES, HISTORIC SPECIAL MOTOR VEHICLE SPECIAL LICENSE PLATES, SOUTH CAROLINA WILDLIFE FEDERATION SPECIAL LICENSE PLATES, 2010-11 NATIONAL CHAMPIONS SPECIAL LICENSE PLATES, MOTORCYCLE AWARENESS ALLIANCE SPECIAL LICENSE PLATES, SOUTH CAROLINA STANDS WITH ISRAEL SPECIAL LICENSE PLATES, A MOTOR VEHICLE DRIVER'S FAILURE TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE, OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, AND THE IMMOBILIZATION OF CERTAIN VEHICLES, ALL SO AS TO SUBSTITUTE THE TERM "COMPTROLLER GENERAL" FOR THE TERM "DEPARTMENT OF MOTOR VEHICLES", AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTIONS 56-5-2945, 56-5-2950, 56-5-2951, AND 56-5-5670, ALL AS AMENDED, 56-9-430, 56-10-260, 56-10-660, AS AMENDED, 56-11-500 AND 56-19-420, AS AMENDED, AND SECTION 56-19-520, ALL RELATING TO THE OFFENSE OF FELONY WHILE DRIVING UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF THOSE SUBSTANCES, A PERSON WHO DRIVES A MOTOR VEHICLE'S IMPLIED CONSENT TO SUBMIT TO CHEMICAL TESTS TO DETERMINE THE PRESENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF THOSE SUBSTANCES, THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR REFUSAL TO SUBMIT TO TESTING TO DETERMINE CERTAIN LEVELS OF ALCOHOL, THE DUTIES OF DEMOLISHERS, THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION FOR THE NONPAYMENT OF A JUDGEMENT, PENALTIES FOR FILING A FALSE CERTIFICATE OR FALSE EVIDENCE TO OBTAIN MOTOR VEHICLE INSURANCE, THE MOTOR VEHICLE INSURANCE DATABASE PROGRAM, THE USE OF REVENUES COLLECTED FROM ROAD TAXES, AND THE DEPARTMENT OF MOTOR VEHICLES' AUTHORITY TO ENFORCE PROVISIONS RELATING TO MOTOR VEHICLE TITLES, ALL SO AS TO MAKE TECHNICAL CHANGES, TO SUBSTITUTE THE TERM "COMPTROLLER GENERAL" FOR THE TERM "DEPARTMENT OF MOTOR VEHICLES", TO DELETE THE TERM COMPTROLLER GENERAL; TO AMEND SECTIONS 58-5-940 AND 58-27-50, RELATING TO ASSESSMENTS AGAINST GAS UTILITIES FOR ADMINISTRATIVE EXPENSES AND CHARGES, AND TO POWERS AND DUTIES OF TRANSPORTATION AUTHORITIES, SO AS TO SUBSTITUTE THE TERM "COMPTROLLER GENERAL" FOR THE TERM "DEPARTMENT OF REVENUE", TO PROVIDE ADDITIONAL PROCEDURES FOR DEFRAYING EXPENSES AND CHARGES INCURRED BY THE PUBLIC SERVICE COMMISSION AND THE OFFICE OF REGULATORY STAFF; AND TO AMEND SECTIONS 59-101-185 AND 59-143-10, AS AMENDED, RELATING TO FINANCIAL MANAGEMENT AND ACCOUNTING SYSTEMS MAINTAINED BY GOVERNING BOARDS OF STATE INSTITUTIONS OF HIGHER LEARNING AND THE CHILDREN'S EDUCATION ENDOWMENT, SO AS TO SUBSTITUTE THE TERM "STATEWIDE ACCOUNTING AND REPORTING SYSTEM" FOR THE TERM "SOUTH CAROLINA ENTERPRISE INFORMATION SYSTEM".
The Senate Amendments to the following Concurrent Resolution were taken up for consideration:
H. 4443 (Word version) -- Rep. Gilliard: A CONCURRENT RESOLUTION TO DECLARE JUNE 17, 2016, AS MOTHER EMANUEL NINE DAY AND TO ENCOURAGE ALL STATE AGENCIES TO REFLECT ON THE PROGRESS MADE IN IMPROVING RACE RELATIONS AND ECONOMIC EQUALITY FOR MINORITIES AS WELL AS THE EFFORTS TO HELP THE HOMELESS IN SOUTH CAROLINA.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Anthony Bales Bamberg Bingham Bradley Brannon G. A. Brown R. L. Brown Chumley Clary Clemmons Clyburn Cole Collins Crosby Delleney Dillard Duckworth Erickson Felder Forrester Fry Gagnon Gambrell George Gilliard Goldfinch Hayes Hicks Hill Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kirby Knight Limehouse Loftis Lowe Lucas Mack McEachern M. S. McLeod W. J. McLeod Merrill D. C. Moss Neal Norrell Parks Pitts Pope Putnam Quinn Ridgeway Riley Robinson-Simpson Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Tinkler Weeks Williams Yow
Those who voted in the negative are:
The Senate Amendments were concurred in and a message was ordered sent to the Senate accordingly.
I was temporarily out of the Chamber on constituent business during the vote on H. 4443. Had I been present, I would have voted in favor of the Concurrent Resolution, as I totally agree with it.
Rep. Pat Henegan
The Senate Amendments to the following Bill were taken up for consideration:
H. 4151 (Word version) -- Reps. Pitts, White, Bannister and D. C. Moss: A BILL TO AMEND SECTION 12-21-735, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STAMP TAX ON CIGARETTES AND TOBACCO PRODUCTS, SO AS TO REQUIRE AND PROVIDE FOR THE PROPER AFFIXING OF STAMPS, INCLUDING PROVISIONS FOR EXEMPT PACKAGES, UNIQUE SERIAL NUMBERING OF STAMPS, REVOCATION OF THE LICENSE OF A PERSON VIOLATING THESE PROVISIONS, LIMITATIONS ON THE RECEIPT AND SALE OF UNTAXED CIGARETTES, TO PROVIDE FOR RETURN AND PAYMENT OF THE TAX, AND TO AUTHORIZE THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS NECESSARY TO ESTABLISH, IMPLEMENT, AND ENFORCE THESE PROVISIONS.
Rep. PITTS explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Bales Bamberg Bernstein Bingham Bowers Bradley Brannon G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Clyburn Cole Collins Corley Crosby Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Fry Funderburk Gagnon Gambrell George Gilliard Goldfinch Hamilton Hardee Hart Henderson Henegan Hicks Hill Hiott Hixon Hodges Hosey Howard Huggins Jefferson Jordan Kennedy Kirby Knight Limehouse Loftis Long Lucas McEachern McKnight M. S. McLeod W. J. McLeod Merrill D. C. Moss V. S. Moss Nanney Neal Newton Norman Norrell Ott Parks Pitts Pope Putnam Quinn Ridgeway Riley Robinson-Simpson Ryhal Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Weeks Wells Whipper White Whitmire Willis Yow
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4857 (Word version) -- Reps. Hiott, Clary and Collins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-27-255 SO AS TO REQUIRE COAL COMBUSTION RESIDUALS RESULTING FROM THE PRODUCTION OF ELECTRICITY TO BE PLACED IN A CLASS 3 LANDFILL AND TO PROVIDE EXCEPTIONS.
Rep. HIOTT explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Bales Bamberg Bingham Bowers Brannon G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Clyburn Cole Collins Corley Crosby Daning Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Fry Funderburk Gagnon Gambrell George Gilliard Goldfinch Hamilton Hardee Hart Hayes Henderson Henegan Hicks Hill Hiott Hixon Hodges Hosey Huggins Jefferson Johnson Jordan Kennedy Kirby Knight Limehouse Long Lowe Lucas Mack McCoy McEachern McKnight M. S. McLeod W. J. McLeod Merrill D. C. Moss V. S. Moss Nanney Newton Norman Norrell Ott Pitts Pope Putnam Quinn Ridgeway Robinson-Simpson Ryhal Sandifer Simrill G. M. Smith G. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Weeks Wells Whipper White Whitmire Williams Willis Yow
Those who voted in the negative are:
Neal
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
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 Bill was read the third time and ordered sent to the Senate.
The following Concurrent Resolution was taken up:
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.
Rep. OTT moved to recommit the Concurrent Resolution to the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. HILL moved to table the motion, which was not agreed to by a division vote of 15 to 53.
The question then recurred to the motion to recommit the Concurrent Resolution to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.
The motion period was dispensed with on motion of Rep. SIMRILL.
The following Bill was taken up:
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 on the Bill until Tuesday, March 1, which was agreed to.
The following Bill was taken up:
H. 3878 (Word version) -- Reps. White, Pope, Clemmons, Duckworth, Goldfinch, Hardwick, Johnson, H. A. Crawford, George, Yow, Ryhal, Hardee, Hayes, 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.
Rep. WHITE moved to adjourn debate on the Bill until Tuesday, March 1, which was agreed to.
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, R. L. Brown, Jefferson, Anderson, Spires and Hicks: 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.
The Committee on Ways and Means proposed the following Amendment No. 1 to H. 4717 (COUNCIL\BBM\4717C006.BBM. DG16), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The General Assembly finds that:
(1) The historic flood of October 2015 caused unprecedented damage to the State and its people, with particular devastating statewide impacts on South Carolina farmers and the state's agriculture industry.
(2) The State has over twenty-five thousand farms across nearly five million acres, which generate billions of dollars annually and represents a vital component to a healthy state economy.
(3) The total loss of crops as a result of the flooding is estimated at nearly four hundred million dollars and the estimated federal crop insurance payments will only cover about one-third of the total crop loss.
(4) The federal crop insurance program established in 2014 is an inadequate method of indemnification as compared to traditional forms of insurance and is not sufficient to aid farmers with substantial losses due to catastrophic events of nature.
(5) The State of South Carolina has a significant public interest to prevent the economic collapse of many of the state's farms which could cause a severe disruption in the state's economy and food supply chain.
SECTION 2. Chapter 1, Title 46 of the 1976 Code is amended by adding:
"Section 46-1-160. (A)(1) There is created the 'South Carolina Farm Aid Fund'. This fund is separate and distinct from the general fund of the State and all other funds. Earnings on this fund must be credited to it and any balance in this fund at the end of a fiscal year carries forward in the fund in the succeeding fiscal year. Revenues credited to this fund in a fiscal year must be used to operate a grant program that provides financial assistance to farmers.
(2) To be eligible for a grant, the person must have:
(a) experienced a verifiable loss of agricultural commodities of at least forty percent as a result of a natural disaster, excluding drought, for which:
(i) the Governor declares a state of emergency in the State; and
(ii) the United States Secretary of Agriculture has issued a Secretarial Disaster Declaration for the county in which the farm is located;
(b) a farm number issued by the Farm Service Agency; and
(c) signed an affidavit, under penalty of perjury, certifying that each fact of the loss presented by the person is accurate.
(B)(1) There is created the Farm Aid Board. The board is composed of the following members:
(a) the Commissioner of Agriculture, ex officio, or his designee, who shall serve as chairman;
(b) one member representing South Carolina Farm Bureau Federation appointed by the Chairman of the Senate Finance Committee;
(c) one member representing a Farm Credit Association appointed by the Chairman of the House Ways and Means Committee;
(d) one member of the crop insurance industry appointed by the Chairman of the Senate Agriculture and Natural Resources Committee;
(e) one agricultural commodities producer appointed by the Chairman of the House Agriculture, Natural Resources and Environmental Affairs Committee;
(f) the Vice President for Public Service and Agriculture of Clemson Public Service Activities, or his designee; and
(g) the Vice President for Land Grant Services of South Carolina State Public Service Activities, or his designee.
(2)(a) Within twenty days of the effective date of this section, the board shall hold its initial meeting to adopt an application process by which a person with a loss resulting from the flooding in October 2015, may apply for a grant. A person shall apply not later than forty-five days after the initial meeting of the board. The initial deposit of monies into the fund only may be used for such claims.
(b) For any other loss, the board shall set forth the process and application process by which a person may apply for grants.
(3)(a) Each grant awarded by the board must equal twenty percent of the person's verifiable loss of agricultural commodities. However, a person, including any grant made to a related person, may not receive grants aggregating more than one hundred thousand dollars with respect to any single major disaster. Also, a person, including any grant made to a related person, may not receive grants that when combined with losses covered by insurance, exceed one hundred percent of the actual loss. If a grant is made to a related person, the amount to be included in the limits set by this section must be the amount of the grant multiplied by the person's ownership interest in the related person. However, a person who shares an ownership interest with another person or entity may not be refused a grant solely because the other person or related person has otherwise received the maximum grant amount, but in this case, the person's grant amount is limited by the person's ownership interest.
(b) If the total amount of grants allowed pursuant to subitem (a) for a single major disaster exceeds the monies in the fund, then each person's grant must be reduced proportionately.
(4) To determine loss, the board:
(a) must measure the person's cumulative total loss of all affected agricultural commodities for the calendar year in which the eligible loss occurred against the person's expected production of all agricultural commodities affected by a qualifying natural disaster in the same year;
(b) shall use the person's applicable actual production history yield, as determined by the Federal Crop Insurance Corporation, to determine loss for insured agricultural commodities. In determining loss for uninsured agricultural commodities, the board shall use the most recent year's county price and county yield, as applicable, as determined by the National Agriculture Statistics Service, United States Department of Agriculture; and
(c) may require any documentation or proof it considers necessary to efficiently administer the grant program, including the ownership structure of each entity and the social security numbers of each owner. Minimally, in order to verify loss, the board shall require the submission of dated, signed, and continuous records. These records may include, but are not limited to, commercial receipts, settlement sheets, warehouse ledger sheets, pick records, load summaries, contemporaneous measurements, truck scale tickets, contemporaneous diaries, appraisals, ledgers of income, income statements of deposit slips, cash register tape, invoices for custom harvesting, u-pick records, and insurance documents.
(C) Grant awards must be used for agricultural production expenses and losses due to the declared disaster but does not include the purchase of new equipment or the paying down of debt. The board shall require any documentation it determines necessary to verify the appropriate use of grant awards, including receipts.
(D) If the board determines that a person who received a grant provided inaccurate information, then the person shall refund the entire amount of the grant. If the board determines that a person who received a grant used the funds for ineligible expenses, then the person must refund the amount of the ineligible expenses. If the person does not refund the appropriate amount, the Department of Revenue shall utilize the provisions of the Setoff Debt Collection Act to collect the money from the person.
(E) From the 2014-2015 Contingency Reserve Fund, there is appropriated $40,000,000 to the South Carolina Farm Aid Fund. Any funds from this appropriation remaining in the fund on June 30, 2017, shall lapse to the general fund.
(F) The board may accept private funds, grants, and property to be used to make financial awards from the grant program.
(G) Staffing for the board must be provided by the staff of the Department of Agriculture.
(H) For purposes of this section:
(1) 'Agricultural commodities' means wheat, cotton, flax, corn, dry beans, oats, barley, rye, tobacco, rice, peanuts, soybeans, sugar beets, sugar cane, tomatoes, grain sorghum, sunflowers, raisins, oranges, sweet corn, dry peas, freezing and canning peas, forage, apples, grapes, potatoes, timber and forests, nursery crops, citrus, and other fruits and vegetables, nuts, tame hay, native grass, aquacultural species including, but not limited to, any species of finfish, mollusk, crustacean, or other aquatic invertebrate, amphibian, reptile, or aquatic plant propagated or reared in a controlled or selected environment, excluding stored grain.
(2) 'Person' means any individual, trust, estate, partnership, receiver, association, company, limited liability company, corporation, or other entity or group.
(3) 'Related person' means any person, joint venture, or entity that has a direct or indirect ownership interest of a person or legal entity."
SECTION 3. This act takes effect upon approval by the Governor and applies to any loss created by a disaster after September 2015. /
Renumber sections to conform.
Amend title to conform.
Rep. WHITE explained the amendment.
Rep. WHITE spoke in favor of the amendment.
Rep. TAYLOR spoke in favor of the amendment.
Rep. W. J. MCLEOD spoke in favor of the amendment.
Rep. V. S. MOSS spoke in favor of the amendment.
The amendment was then adopted.
Rep. LOWE proposed the following Amendment No. 3 to H. 4717 (COUNCIL\BBM\4717C008.BBM.DG16), which was adopted:
Amend the bill, as and if amended, by striking Section 46-1-160(C) and inserting:
/ (C) Grant awards must be used for agricultural production expenses and losses due to the declared disaster which demonstrate an intent to continue the agricultural operation; however, awards may not be used to purchase new equipment. The board shall require any documentation it determines necessary to verify the appropriate use of grant awards, including receipts. /
Renumber sections to conform.
Amend title to conform.
Rep. LOWE explained the amendment.
The amendment was then adopted.
Reps. QUINN and ATWATER proposed the following Amendment No. 4 to H. 4717 (COUNCIL\DKA\4717C007.DKA.SA16), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 46 of the 1976 Code is amended by adding:
"Section 46-1-160. (A)(1) There is created the 'South Carolina Farm Aid Fund'. This fund is separate and distinct from the general fund of the State and all other funds. Earnings on this fund must be credited to it and any balance in this fund at the end of a fiscal year carries forward in the fund in the succeeding fiscal year. Revenues credited to this fund in a fiscal year must be used to operate a grant program that provides financial assistance to farmers and homeowners.
(2) To be eligible for a grant for an agricultural operation, the person shall have:
(a) experienced a verifiable loss of agricultural commodities of at least forty percent as a result of a natural disaster, excluding drought, for which:
(i) the Governor declares a state of emergency in the State; and
(ii) the United States Secretary of Agriculture has issued a Secretarial Disaster Declaration for the county in which the farm is located;
(b) a farm number issued by the Farm Service Agency; and
(c) signed an affidavit, under penalty of perjury, certifying that each fact of the loss presented by the person is accurate.
(3) To be eligible for a grant a homeowner shall have:
(a) experienced a verifiable loss of at least forty percent of the value of his home as a result of a natural disaster for which the Governor declares a state of emergency in the State; and
(b) signed an affidavit, under penalty of perjury, certifying that each fact of the loss presented by the person is accurate.
(B)(1) There is created the 'Farm Aid Board'. The board is composed of the following members:
(a) the Commissioner of Agriculture, ex officio, or his designee, who serves as chairman;
(b) a representative from the Real Estate Commission, ex officio, or his designee, who serves as cochairman;
(c) one member appointed by the Chairman of the Senate Finance Committee;
(d) one member appointed by the Chairman of the House Ways and Means Committee;
(e) one member appointed by the Chairman of the Senate Agriculture and Natural Resources Committee; and
(f) one member appointed by the Chairman of the House Agriculture, Natural Resources and Environmental Affairs Committee.
(2)(a) Within twenty days of the effective date of this section, the board shall hold its initial meeting to adopt an application process by which a person with a loss resulting from the flooding in October 2015, may apply for a grant. A person shall apply not later than forty-five days after the initial meeting of the board. The initial deposit of monies into the fund only may be used for such claims.
(b) For any other loss, the board shall set forth the process and application process by which a person may apply for grants.
(3)(a) Each grant awarded by the board must equal twenty percent of the person's verifiable loss of agricultural commodities or home. However, a person, including any grant made to a related person, may not receive grants aggregating more than one hundred thousand dollars with respect to any single major disaster. Also, a person, including any grant made to a related person, may not receive grants that when combined with losses covered by insurance, exceed one hundred percent of the actual loss. If a grant is made to a related person, the amount to be included in the limits set by this section must be the amount of the grant multiplied by the person's ownership interest in the related person. However, a person who shares an ownership interest with another person or entity may not be refused a grant solely because the other person or related person has otherwise received the maximum grant amount, but in this case, the person's grant amount is limited by the person's ownership interest.
(b) If the total amount of grants allowed pursuant to subitem (a) for a single major disaster exceeds the monies in the fund, then each person's grant must be reduced proportionately.
(4) To determine loss for an agricultural operation, the board:
(a) shall measure the person's cumulative total loss of all affected agricultural commodities for the calendar year in which the eligible loss occurred against the person's expected production of all agricultural commodities affected by a qualifying natural disaster in the same year;
(b) shall use the person's applicable actual production history yield, as determined by the Federal Crop Insurance Corporation, to determine loss for insured agricultural commodities. In determining loss for uninsured agricultural commodities, the board shall use the most recent year's county price and county yield, as applicable, as determined by the National Agriculture Statistics Service, United States Department of Agriculture; and
(c) may require any documentation or proof it considers necessary to efficiently administer the grant program, including the ownership structure of each entity and the social security numbers of each owner. Minimally, in order to verify loss, the board shall require the submission of dated, signed, and continuous records. These records may include, but are not limited to, commercial receipts, settlement sheets, warehouse ledger sheets, pick records, load summaries, contemporaneous measurements, truck scale tickets, contemporaneous diaries, appraisals, ledgers of income, income statements of deposit slips, cash register tape, invoices for custom harvesting, u-pick records, and insurance documents.
(5) To determine a homeowner's loss, the board may require any documentation or proof it considers necessary to efficiently administer the grant program, including the ownership structure of each entity and the social security numbers of each owner. Minimally, in order to verify loss, the board shall require the submission of dated, signed, and continuous records.
(C) Grant awards for an agricultural operation must be used for agricultural production expenses and losses due to the declared disaster, but does not include the purchase of new equipment or the paying down of debt. The board shall require any documentation necessary to verify the appropriate use of grant awards, including receipts.
(D) Grant awards to homeowners must be used for housing expenses and losses due to the declared disaster but does not include the paying down of debt. The board shall require any documentation necessary to verify the appropriate use of grant awards, including receipts.
(E) If the board determines that a person who received a grant provided inaccurate information, then the person shall refund the entire amount of the grant. If the board determines that a person who received a grant used the funds for ineligible expenses, then the person shall refund the amount of the ineligible expenses. If the person does not refund the appropriate amount, the Department of Revenue shall utilize the provisions of the Setoff Debt Collection Act to collect the money from the person.
(F) From the 2014-2015 Contingency Reserve Fund, there is appropriated forty million dollars to the South Carolina Farm Aid Fund. Any funds from this appropriation remaining in the fund on June 30, 2017, must lapse to the general fund.
(G) The board may accept private funds, grants, and property to be used to make financial awards from the grant program.
(H) Staffing for the board must be provided by the staff of the Department of Agriculture and the Department of Labor, Licensing and Regulation.
(I) For purposes of this section:
(1) 'Agricultural commodities' means wheat, cotton, flax, corn, dry beans, oats, barley, rye, tobacco, rice, peanuts, soybeans, sugar beets, sugar cane, tomatoes, grain sorghum, sunflowers, raisins, oranges, sweet corn, dry peas, freezing and canning peas, forage, apples, grapes, potatoes, timber and forests, nursery crops, citrus, and other fruits and vegetables, nuts, tame hay, native grass, aquacultural species including, but not limited to, any species of finfish, mollusk, crustacean, or other aquatic invertebrate, amphibian, reptile, or aquatic plant propagated or reared in a controlled or selected environment, excluding stored grain.
(2) 'Person' means any individual, trust, estate, partnership, receiver, association, company, limited liability company, corporation, or other entity or group.
(3) 'Related person' means any person, joint venture, or entity that has a direct or indirect ownership interest of a person or legal entity."
SECTION 2. This act takes effect upon approval by the Governor and applies to any loss created by a disaster after September 2015. /
Renumber sections to conform.
Amend title to conform.
Rep. QUINN explained the amendment.
Rep. BRANNON moved to table the amendment.
Rep. NORMAN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anthony Bales Bamberg Bowers Bradley Brannon Burns Chumley Clary Clemmons Clyburn Cole Collins Corley Crosby Delleney Dillard Douglas Duckworth Erickson Felder Forrester Fry Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Hosey Howard Johnson Jordan Kennedy Kirby Knight Limehouse Loftis Long Lowe Lucas McCoy McEachern W. J. McLeod D. C. Moss V. S. Moss Nanney Newton Norman Norrell Parks Pitts Pope Putnam Ridgeway Riley Robinson-Simpson Ryhal Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Tinkler Weeks Wells White Whitmire Williams Willis Yow
Those who voted in the negative are:
Bernstein Daning Huggins M. S. McLeod Merrill Quinn Southard Stavrinakis Whipper
So, the amendment was tabled.
Rep. HILL proposed the following Amendment No. 2 to H. 4717 (COUNCIL\BBM\4717C007.BBM.DG16), which was tabled:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/ SECTION 2. Chapter 1, Title 46 of the 1976 Code is amended by adding:
"Section 46-1-160. (A)(1) There is created the 'South Carolina Farm Aid Fund'. This fund is separate and distinct from the general fund of the State and all other funds. Earnings on this fund must be credited to it and any balance in this fund at the end of a fiscal year carries forward in the fund in the succeeding fiscal year. Revenues credited to this fund in a fiscal year must be used to operate a loan program that provides financial assistance to farmers.
(2) To be eligible for a loan, the person must have:
(a) experienced a verifiable loss of agricultural commodities of at least forty percent as a result of a natural disaster, excluding drought, for which:
(i) the Governor declares a state of emergency in the State; and
(ii) the United States Secretary of Agriculture has issued a Secretarial Disaster Declaration for the county in which the farm is located;
(b) a farm number issued by the Farm Service Agency; and
(c) signed an affidavit, under penalty of perjury, certifying that each fact of the loss presented by the person is accurate.
(B)(1) There is created the Farm Aid Board. The board is composed of the following members:
(a) the Commissioner of Agriculture, ex officio, or his designee, who shall serve as chairman;
(b) one member representing South Carolina Farm Bureau Federation appointed by the Chairman of the Senate Finance Committee;
(c) one member representing a Farm Credit Association appointed by the Chairman of the House Ways and Means Committee;
(d) one member of the crop insurance industry appointed by the Chairman of the Senate Agriculture and Natural Resources Committee;
(e) one agricultural commodities producer appointed by the Chairman of the House Agriculture, Natural Resources and Environmental Affairs Committee;
(f) the Vice President for Public Service and Agriculture of Clemson Public Service Activities, or his designee; and
(g) the Vice President for Land Grant Services of South Carolina State Public Service Activities, or his designee.
(2)(a) Within twenty days of the effective date of this section, the board shall hold its initial meeting to adopt an application process by which a person with a loss resulting from the flooding in October 2015, may apply for a loan. A person shall apply not later than forty-five days after the initial meeting of the board. The initial deposit of monies into the fund only may be used for such claims.
(b) For any other loss, the board shall set forth the process and application process by which a person may apply for loans.
(3)(a) Each loan awarded by the board must equal twenty percent of the person's verifiable loss of agricultural commodities. However, a person, including any loan made to a related person, may not receive loans aggregating more than one hundred thousand dollars with respect to any single major disaster. Also, a person, including any loan made to a related person, may not receive loans that when combined with losses covered by insurance, exceed one hundred percent of the actual loss. If a loan is made to a related person, the amount to be included in the limits set by this section must be the amount of the loan multiplied by the person's ownership interest in the related person. However, a person who shares an ownership interest with another person or entity may not be refused a loan solely because the other person or related person has otherwise received the maximum loan amount, but in this case, the person's loan amount is limited by the person's ownership interest.
(b) If the total amount of loans allowed pursuant to subitem (a) for a single major disaster exceeds the monies in the fund, then each person's loan must be reduced proportionately.
(4) To determine loss, the board:
(a) must measure the person's cumulative total loss of all affected agricultural commodities for the calendar year in which the eligible loss occurred against the person's expected production of all agricultural commodities affected by a qualifying natural disaster in the same year;
(b) shall use the person's applicable actual production history yield, as determined by the Federal Crop Insurance Corporation, to determine loss for insured agricultural commodities. In determining loss for uninsured agricultural commodities, the board shall use the most recent year's county price and county yield, as applicable, as determined by the National Agriculture Statistics Service, United States Department of Agriculture; and
(c) may require any documentation or proof it considers necessary to efficiently administer the loan program, including the ownership structure of each entity and the social security numbers of each owner. Minimally, in order to verify loss, the board shall require the submission of dated, signed, and continuous records. These records may include, but are not limited to, commercial receipts, settlement sheets, warehouse ledger sheets, pick records, load summaries, contemporaneous measurements, truck scale tickets, contemporaneous diaries, appraisals, ledgers of income, income statements of deposit slips, cash register tape, invoices for custom harvesting, u-pick records, and insurance documents.
(5) Any loan made pursuant to this section must be an interest-free loan, and must be repaid in full by no later than the fifth December thirty-first after the loan was granted.
(C) Loan awards must be used for agricultural production expenses and losses due to the declared disaster but does not include the purchase of new equipment or the paying down of debt. The board shall require any documentation it determines necessary to verify the appropriate use of loan awards, including receipts.
(D) If the board determines that a person who received a loan provided inaccurate information, then the person shall refund the entire amount of the loan within ninety days. If the board determines that a person who received a loan used the funds for ineligible expenses, then the person must refund the amount of the ineligible expenses within ninety days. If the person does not refund the appropriate amount, the Department of Revenue shall utilize the provisions of the Setoff Debt Collection Act to collect the money from the person.
(E) From the 2014-2015 Contingency Reserve Fund, there is appropriated $40,000,000 to the South Carolina Farm Aid Fund. Any funds from this appropriation remaining in the fund on June 30, 2017, shall lapse to the general fund.
(F) For tax year 2015, a taxpayer eligible for a loan pursuant to this section resulting from the flooding in October 2015, may elect to claim a property tax credit or income tax credit equal to the amount of loss, as determined by the board, minus any amounts covered by insurance and any loan amounts made pursuant to this section. However, the amount of the credit may not exceed the taxpayer's property tax or income tax liability, as applicable. Notwithstanding any other provision of law, a taxpayer may file an amended income tax return for 2015 or claim a refund for property tax year 2015 for the purpose of claiming the credit. The Department of Revenue or appropriate county official, in consultation with the board, may require the taxpayer to produce whatever proof the department determines necessary to implement the provisions of this credit.
(G) The board may accept private funds, grants, and property to be used to make financial awards from the loan program.
(H) Staffing for the board must be provided by the staff of the Department of Agriculture.
(I) For purposes of this section:
(1) 'Agricultural commodities' means wheat, cotton, flax, corn, dry beans, oats, barley, rye, tobacco, rice, peanuts, soybeans, sugar beets, sugar cane, tomatoes, grain sorghum, sunflowers, raisins, oranges, sweet corn, dry peas, freezing and canning peas, forage, apples, grapes, potatoes, timber and forests, nursery crops, citrus, and other fruits and vegetables, nuts, tame hay, native grass, aquacultural species including, but not limited to, any species of finfish, mollusk, crustacean, or other aquatic invertebrate, amphibian, reptile, or aquatic plant propagated or reared in a controlled or selected environment, excluding stored grain.
(2) 'Person' means any individual, trust, estate, partnership, receiver, association, company, limited liability company, corporation, or other entity or group.
(3) 'Related person' means any person, joint venture, or entity that has a direct or indirect ownership interest of a person or legal entity." /
Renumber sections to conform.
Amend title to conform.
Rep. HILL explained the amendment.
Rep. HILL moved to table the amendment, which was agreed to.
Rep. HILL proposed the following Amendment No. 5 to H. 4717 (COUNCIL\BBM\4717C009.BBM.DG16), which was tabled:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/ SECTION 2. Chapter 1, Title 46 of the 1976 Code is amended by adding:
"Section 46-1-160. (A)(1) There is created the 'South Carolina Farm Aid Fund'. This fund is separate and distinct from the general fund of the State and all other funds. Earnings on this fund must be credited to it and any balance in this fund at the end of a fiscal year carries forward in the fund in the succeeding fiscal year. Revenues credited to this fund in a fiscal year must be used to operate a loan program that provides financial assistance to farmers.
(2) To be eligible for a loan, the person must have:
(a) experienced a verifiable loss of agricultural commodities of at least forty percent as a result of a natural disaster, excluding drought, for which:
(i) the Governor declares a state of emergency in the State; and
(ii) the United States Secretary of Agriculture has issued a Secretarial Disaster Declaration for the county in which the farm is located;
(b) a farm number issued by the Farm Service Agency; and
(c) signed an affidavit, under penalty of perjury, certifying that each fact of the loss presented by the person is accurate.
(B)(1) There is created the Farm Aid Board. The board is composed of the following members:
(a) the Commissioner of Agriculture, ex officio, or his designee, who shall serve as chairman;
(b) one member representing South Carolina Farm Bureau Federation appointed by the Chairman of the Senate Finance Committee;
(c) one member representing a Farm Credit Association appointed by the Chairman of the House Ways and Means Committee;
(d) one member of the crop insurance industry appointed by the Chairman of the Senate Agriculture and Natural Resources Committee;
(e) one agricultural commodities producer appointed by the Chairman of the House Agriculture, Natural Resources and Environmental Affairs Committee;
(f) the Vice President for Public Service and Agriculture of Clemson Public Service Activities, or his designee; and
(g) the Vice President for Land Grant Services of South Carolina State Public Service Activities, or his designee.
(2)(a) Within twenty days of the effective date of this section, the board shall hold its initial meeting to adopt an application process by which a person with a loss resulting from the flooding in October 2015, may apply for a loan. A person shall apply not later than forty-five days after the initial meeting of the board. The initial deposit of monies into the fund only may be used for such claims.
(b) For any other loss, the board shall set forth the process and application process by which a person may apply for loans.
(3)(a) Each loan awarded by the board must equal twenty percent of the person's verifiable loss of agricultural commodities. However, a person, including any loan made to a related person, may not receive loans aggregating more than one hundred thousand dollars with respect to any single major disaster. Also, a person, including any loan made to a related person, may not receive loans that when combined with losses covered by insurance, exceed one hundred percent of the actual loss. If a loan is made to a related person, the amount to be included in the limits set by this section must be the amount of the loan multiplied by the person's ownership interest in the related person. However, a person who shares an ownership interest with another person or entity may not be refused a loan solely because the other person or related person has otherwise received the maximum loan amount, but in this case, the person's loan amount is limited by the person's ownership interest.
(b) If the total amount of loans allowed pursuant to subitem (a) for a single major disaster exceeds the monies in the fund, then each person's loan must be reduced proportionately.
(4) To determine loss, the board:
(a) must measure the person's cumulative total loss of all affected agricultural commodities for the calendar year in which the eligible loss occurred against the person's expected production of all agricultural commodities affected by a qualifying natural disaster in the same year;
(b) shall use the person's applicable actual production history yield, as determined by the Federal Crop Insurance Corporation, to determine loss for insured agricultural commodities. In determining loss for uninsured agricultural commodities, the board shall use the most recent year's county price and county yield, as applicable, as determined by the National Agriculture Statistics Service, United States Department of Agriculture; and
(c) may require any documentation or proof it considers necessary to efficiently administer the loan program, including the ownership structure of each entity and the social security numbers of each owner. Minimally, in order to verify loss, the board shall require the submission of dated, signed, and continuous records. These records may include, but are not limited to, commercial receipts, settlement sheets, warehouse ledger sheets, pick records, load summaries, contemporaneous measurements, truck scale tickets, contemporaneous diaries, appraisals, ledgers of income, income statements of deposit slips, cash register tape, invoices for custom harvesting, u-pick records, and insurance documents.
(5) Any loan made pursuant to this section must be an interest-free loan, and must be repaid in full by no later than the fifth December thirty-first after the loan was granted.
(C) Grant awards must be used for agricultural production expenses and losses due to the declared disaster but does not include the purchase of new equipment. The board shall require any documentation it determines necessary to verify the appropriate use of grant awards, including receipts.
(D) If the board determines that a person who received a loan provided inaccurate information, then the person shall refund the entire amount of the loan within ninety days. If the board determines that a person who received a loan used the funds for ineligible expenses, then the person must refund the amount of the ineligible expenses within ninety days. If the person does not refund the appropriate amount, the Department of Revenue shall utilize the provisions of the Setoff Debt Collection Act to collect the money from the person.
(E) From the 2014-2015 Contingency Reserve Fund, there is appropriated $40,000,000 to the South Carolina Farm Aid Fund. Any funds from this appropriation remaining in the fund on June 30, 2017, shall lapse to the general fund.
(F) For tax year 2015, a taxpayer eligible for a loan pursuant to this section resulting from the flooding in October 2015, may elect to claim a property tax credit or income tax credit equal to the amount of loss, as determined by the board, minus any amounts covered by insurance and any loan amounts made pursuant to this section. However, the amount of the credit may not exceed the taxpayer's property tax or income tax liability, as applicable. Notwithstanding any other provision of law, a taxpayer may file an amended income tax return for 2015 or claim a refund for property tax year 2015 for the purpose of claiming the credit. The Department of Revenue or appropriate county official, in consultation with the board, may require the taxpayer to produce whatever proof the department determines necessary to implement the provisions of this credit.
(G) The board may accept private funds, grants, and property to be used to make financial awards from the loan program.
(H) Staffing for the board must be provided by the staff of the Department of Agriculture.
(I) For purposes of this section:
(1) 'Agricultural commodities' means wheat, cotton, flax, corn, dry beans, oats, barley, rye, tobacco, rice, peanuts, soybeans, sugar beets, sugar cane, tomatoes, grain sorghum, sunflowers, raisins, oranges, sweet corn, dry peas, freezing and canning peas, forage, apples, grapes, potatoes, timber and forests, nursery crops, citrus, and other fruits and vegetables, nuts, tame hay, native grass, aquacultural species including, but not limited to, any species of finfish, mollusk, crustacean, or other aquatic invertebrate, amphibian, reptile, or aquatic plant propagated or reared in a controlled or selected environment, excluding stored grain.
(2) 'Person' means any individual, trust, estate, partnership, receiver, association, company, limited liability company, corporation, or other entity or group.
(3) 'Related person' means any person, joint venture, or entity that has a direct or indirect ownership interest of a person or legal entity." /
Renumber sections to conform.
Amend title to conform.
Rep. HILL explained the amendment.
Rep. YOW moved to table the amendment.
Rep. HILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Bales Bamberg Bernstein Bingham Bowers Brannon R. L. Brown Burns Chumley Clary Clemmons Clyburn Cole Collins Corley Crosby Delleney Dillard Douglas Duckworth Erickson Forrester Fry Funderburk Gagnon George Gilliard Goldfinch Hardee Hayes Henderson Henegan Herbkersman Hicks Hiott Hixon Hodges Hosey Howard Huggins Johnson Jordan Kennedy Kirby Knight Limehouse Lowe Lucas McCoy McEachern M. S. McLeod W. J. McLeod D. C. Moss V. S. Moss Newton Norrell Pitts Pope Ridgeway Riley Robinson-Simpson Ryhal Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Weeks Wells White Whitmire Williams Willis Yow
Those who voted in the negative are:
Bradley Daning Hamilton Hill Long Nanney Norman Putnam Southard
So, the amendment was tabled.
Rep. HILL spoke against the Bill.
Rep. PITTS moved cloture on the entire matter.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Bales Bamberg Bingham Bowers R. L. Brown Burns Chumley Clary Clemmons Clyburn Cole Corley Crosby Delleney Dillard Douglas Duckworth Erickson Forrester Fry Gagnon Gambrell George Gilliard Goldfinch Hardee Hayes Henderson Henegan Herbkersman Hiott Hixon Hodges Hosey Howard Johnson Jordan Kennedy Kirby Knight Limehouse Loftis Long Lowe Lucas McCoy McEachern M. S. McLeod W. J. McLeod V. S. Moss Newton Norrell Pitts Pope Putnam Ridgeway Riley Robinson-Simpson Ryhal Sandifer G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Tinkler Weeks Wells White Whitmire Williams Willis Yow
Those who voted in the negative are:
Collins Daning Felder Funderburk Hamilton Hicks Hill Huggins Merrill D. C. Moss Nanney Norman Quinn Simrill G. M. Smith Southard Whipper
So, cloture was ordered.
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 Bales Bamberg Bernstein Bingham Bowers Bradley R. L. Brown Burns Chumley Clary Clemmons Clyburn Cole Corley Crosby Daning Delleney Dillard Douglas Duckworth Erickson Forrester Fry Funderburk Gagnon Gambrell George Gilliard Goldfinch Hardee Hayes Henderson Henegan Herbkersman Hicks Hiott Hixon Hodges Hosey Howard Huggins Johnson Jordan Kennedy Kirby Knight Limehouse Loftis Long Lowe Lucas Mack McCoy McEachern M. S. McLeod W. J. McLeod Merrill D. C. Moss V. S. Moss Nanney Newton Norrell Parks Pitts Pope Putnam Quinn Ridgeway Riley Robinson-Simpson Ryhal Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Weeks Wells Whipper White Whitmire Williams Willis Yow
Those who voted in the negative are:
Collins Felder Hamilton Hill Norman Southard
So, the Bill, as amended, was read the second time and ordered to third reading.
I felt unable to vote on H. 4717, because of a potential conflict of interest because of my farm interests. I wish to have my recusal noted for the House Journal.
Rep. Kirkman Finlay
I did not vote on H. 4717, because of a potential appearance of a conflict of interest due to my employment. I wish to have my recusal noted for the House Journal.
Rep. Russell Ott
Rep. NORMAN moved that the House recur to the morning hour, which was agreed to.
The following was received:
Columbia, S.C., February 25, 2016
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at a mutually convenient time today, for the purpose of ratifying Acts.
Very respectfully,
President
On motion of Rep. D. C. MOSS the invitation was accepted.
The following was received:
Columbia, S.C., February 25, 2016
Mr. Speaker and Members of the House of Representatives:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
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
Very respectfully,
President of the Senate
Received as information.
Rep. HIOTT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 4743 (Word version) -- Reps. Bedingfield, Dillard, Robinson-Simpson and Henderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-935 SO AS TO PROVIDE THAT THE LAND OWNED AND MANAGED BY THE CONESTEE FOUNDATION AND KNOWN AS LAKE CONESTEE NATURE PARK IS DECLARED TO BE A WILDLIFE SANCTUARY.
Ordered for consideration tomorrow.
Rep. HIOTT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 4943 (Word version) -- Reps. Hixon, Hiott and Knight: A BILL TO AMEND SECTION 50-9-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF ANNUAL INDIVIDUAL ANTERLESS DEER TAGS, SO AS TO REVISE THE PROCEDURE WHEREBY THE DEPARTMENT OF NATURAL RESOURCES ISSUES AND CHARGES A PERSON FOR THE PRIVILEGE OF HUNTING AND TAKING DEER IN THIS STATE; TO AMEND SECTION 50-9-920, AS AMENDED, RELATING TO THE COLLECTION AND DISPOSITION OF REVENUES GENERATED FROM THE SALE OF HUNTING AND FISHING LICENSES, PERMITS, AND TAGS, SO AS TO SUBSTITUTE THE TERM "ANTLERLESS DEER QUOTA PERMIT" FOR THE TERM "DEER QUOTA PROGRAM PERMIT", AND TO PROVIDE FOR THE DISTRIBUTION OF REVENUES COLLECTED FROM THE SALE OF NONRESIDENT ANTLERED DEER TAGS AND RESIDENT ANTLER RESTRICTION INDIVIDUAL ANTLERED DEER TAGS; BY ADDING SECTION 50-11-315 SO AS TO PROVIDE BAG LIMITS FOR ANTLERED DEER AND DEER TAKEN WITH A DEER QUOTA PROGRAM PERMIT; BY ADDING SECTION 50-11-320 SO AS TO PROVIDE THE PROCEDURE WHEREBY THE DEPARTMENT OF NATURAL RESOURCES ISSUES TAGS FOR THE HUNTING OF DEER, TO REGULATE THE HUNTING OF DEER, AND TO PROVIDE PENALTIES; TO AMEND SECTION 50-11-390, AS AMENDED, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES' REGULATION OF GAME ZONES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY PROMULGATE REGULATIONS, TO PROVIDE FOR THE ESTABLISHMENT OF ANTERLESS DAYS, AND TO PROVIDE FOR THE REGULATION OF THE DEER QUOTA PROGRAM; TO REPEAL SECTION 50-11-335 RELATING TO BAG LIMITS ESTABLISHED FOR ANTLERED DEER; AND TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES SHALL PROVIDE THE GENERAL ASSEMBLY A REPORT ON THE STATUS OF THE STATE'S WHITE-TAILED DEER POPULATION.
Ordered for consideration tomorrow.
Rep. HIOTT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
S. 454 (Word version) -- Senators Campsen and Turner: A BILL TO AMEND CHAPTER 9, TITLE 50 OF THE 1976 CODE, RELATING TO HUNTING AND FISHING LICENSES, TO PROVIDE THAT A PERSON MUST HAVE IMMEDIATE ACCESS AND AUTHORIZATION TO UTILIZE DEER QUOTA TAGS TO HUNT ON PROPERTY WITH A DEER QUOTA PROGRAM PERMIT, TO PROVIDE FOR THE DEER QUOTA PROGRAM AND REQUIREMENTS FOR APPLICATION THERETO, TO PROVIDE THAT A PERSON MUST POSSESS A SET OF INDIVIDUAL DEER TAGS FROM THE DEPARTMENT TO HUNT ON PROPERTY WITHOUT A DEER QUOTA PROGRAM PERMIT, TO SET THE DEER TAG FEES FOR IN AND OUT OF STATE RESIDENTS; TO AMEND SECTION 50-9-920(B)(6) OF THE 1976 CODE, RELATING TO REVENUES FROM THE SALE OF PRIVILEGES, LICENSES, PERMITS, AND TAGS, TO SUBSTITUTE DEER QUOTA PROGRAM PERMIT FOR ANTLERLESS DEER QUOTA PERMIT; TO AMEND SECTION 50-9-920(B)(7) OF THE 1976 CODE, TO REMOVE "ANTLERLESS" AND SUBSTITUTE "INDIVIDUAL"; TO AMEND CHAPTER 11, TITLE 50 OF THE 1976 CODE, RELATING TO THE PROTECTION OF GAME, TO PROVIDE FOR THE BAG LIMITS FOR ANTLERED AND ANTLERLESS DEER, AND THE LIMIT FOR DEER ON PROPERTY ENROLLED IN THE DEER QUOTA PROGRAM, TO PROVIDE THAT IT SHALL BE UNLAWFUL TO TAKE MORE THAN THE LEGAL LIMIT OF DEER, AND TO PROVIDE FOR THE PENALTIES FOR VIOLATIONS OF THE SECTION; TO AMEND CHAPTER 11, TITLE 50 OF THE 1976 CODE, RELATING TO THE PROTECTION OF GAME, TO PROVIDE THAT THE DEPARTMENT SHALL ISSUE DEER TAGS AND TO PROVIDE FOR THE CIRCUMSTANCES SURROUNDING THE VALIDITY OF SUCH TAGS, TO PROVIDE THAT ALL DEER TAKEN MUST BE TAGGED, TO PROVIDE THAT IT SHALL BE UNLAWFUL TO POSSESS, MOVE, OR TRANSPORT AN UNTAGGED DEER, TO POSSESS MORE THAN ONE SET OF DEER TAGS OR TAGS ISSUED IN ANOTHER'S NAME, AND TO ALTER A DEER TAG FOR FRAUDULENT OR UNLAWFUL PURPOSES, AND TO PROVIDE FOR THE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-11-390 OF THE 1976 CODE, RELATING TO DEPARTMENTAL AUTHORITY OVER GAME ZONES, TO AUTHORIZE THE DEPARTMENT TO PROMULGATE NECESSARY REGULATIONS RELATED TO THE TAKING OF DEER; AND TO REPEAL SECTION 50-11-335 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. HIOTT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 4876 (Word version) -- Reps. V. S. Moss, Corley, Knight, Southard, Ott, Chumley, Hiott, Hixon and Hodges: A BILL TO AMEND SECTION 50-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GEOGRAPHICAL BOUNDARIES FOR CERTAIN BODIES OF WATER, SO AS TO PROVIDE GEOGRAPHIC BOUNDARIES FOR THE PORTION OF THE INTRACOASTAL WATERWAY LOCATED IN HORRY COUNTY AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 50-5-1556, RELATING TO LOCATIONS WHERE STRIPED BASS MAY BE TAKEN, SO AS TO REVISE THE PERIODS OF TIME WHEN STRIPED BASS MAY BE TAKEN IN VARIOUS BODIES OF WATER; AND TO AMEND SECTION 50-13-230, AS AMENDED, RELATING TO THE TAKING OF STRIPED BASS WITHIN VARIOUS BODIES OF WATER, SO AS TO REVISE THE PERIOD OF TIME WHEN STRIPED BASS MAY BE TAKEN WITHIN VARIOUS BODIES OF WATER, TO PROVIDE FOR LIMITS FOR THE TAKING OF STRIPED BASS WITHIN VARIOUS BODIES OF WATER, TO PROVIDE FOR THE TAKING OF STRIPED BASS IN THE SANTEE RIVER, AND TO DELETE THE PROVISION THAT REQUIRES THE DEPARTMENT OF NATURAL RESOURCES TO CONDUCT A STUDY OF THE STRIPED BASS FISHERY ON THE SANTEE AND COOPER RIVER SYSTEMS.
Ordered for consideration tomorrow.
The following was introduced:
H. 4997 (Word version) -- Reps. Gilliard, Neal, Jefferson, Hosey, Mack, Anderson, Alexander, R. L. Brown, Clyburn, Hodges and Howard: A HOUSE RESOLUTION TO MEMORIALIZE THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND ASK IT TO END ITS ROLE AS SOUTH CAROLINA'S LEADING LOW-WAGE JOB CREATOR AND TO URGE THE NEXT PRESIDENT TO ISSUE AN EXECUTIVE ORDER TO AWARD FEDERAL CONTRACTS, LOANS, AND GRANTS ONLY TO MODEL EMPLOYERS THAT PAY WORKERS A LIVING WAGE OF $15 AN HOUR, PROVIDE GOOD BENEFITS, AND ALLOW WORKERS TO ORGANIZE WITHOUT RETALIATION.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4998 (Word version) -- Rep. Herbkersman: A BILL TO AMEND SECTION 56-2-105, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' ISSUANCE OF GOLF CART PERMITS AND THE OPERATION OF GOLF CARTS ALONG THE STATE'S HIGHWAYS, SO AS TO PROVIDE THAT A MUNICIPALITY OR COUNTY MAY ADOPT AN ORDINANCE THAT ALLOWS FOR THE OPERATION OF GOLF CARTS THAT ARE EQUIPPED WITH WORKING HEADLIGHTS AND REAR LIGHTS DURING NON-DAYLIGHT HOURS.
Referred to Committee on Education and Public Works
H. 4999 (Word version) -- Reps. Goldfinch, Merrill, Clemmons, Ridgeway and G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 30, TITLE 44 SO AS TO BE ENTITLED "IMMUNITY FROM LIABILITY FOR PROVIDING FREE HEALTH CARE SERVICES", AND TO PROVIDE THAT THE SERVICES OF A HEALTH CARE PROVIDER TREATING A PATIENT FREE OF CHARGE ARE DEEMED TO BE WITHIN THE SCOPE OF THE GOOD SAMARITAN STATUTE; TO REENTITLE CHAPTER 30, TITLE 44 AS "HEALTH CARE PROFESSIONALS"; TO DESIGNATE SECTIONS 44-30-10 THROUGH 44-30-90 AS ARTICLE 1, CHAPTER 30, TITLE 44, ENTITLED "HEALTH CARE PROFESSIONAL COMPLIANCE ACT"; AND TO AMEND SECTION 38-79-30, RELATING TO LIABILITY OF HEALTH CARE PROVIDERS WHEN PROVIDING FREE MEDICAL CARE, SO AS TO REQUIRE A WRITTEN AGREEMENT OF PROVISION OF THE VOLUNTARY, UNCOMPENSATED CARE AND TO ALLOW THE WRITTEN AGREEMENT TO BE AN ELECTRONIC RECORD.
Referred to Committee on Judiciary
H. 5000 (Word version) -- Reps. Duckworth, Johnson, Corley, McKnight, Hardee, Bernstein and Gagnon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-48 SO AS TO PROVIDE DEFINITIONS, TO REQUIRE ALL HEALTH INSURANCE AND GROUP HEALTH BENEFIT PLANS TO COVER HEARING AIDS AND REPLACEMENT HEARING AIDS FOR INSUREDS WITH IMPAIRED HEARING, AND TO PROVIDE FOR THE SCOPE OF COVERAGE, AMONG OTHER THINGS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 5004 (Word version) -- Reps. Williams, Yow, Jefferson, Hosey, R. L. Brown, Daning, Govan, Kirby, McKnight, Neal, Whipper, Crosby, Douglas, Horne, Bamberg, Anthony, G. A. Brown, Howard, W. J. McLeod, Ridgeway and Thayer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-32-312 SO AS TO PROVIDE THAT THE NONJUDICIAL FORECLOSURE PROCEDURES CONTAINED IN ARTICLE 3, CHAPTER 32, TITLE 27, "TIMESHARE LIEN FORECLOSURE ACT", DO NOT APPLY TO A MORTGAGOR OR AN OBLIGOR WHO IS A CURRENT MEMBER OF THE UNITED STATES ARMED FORCES, REGARDLESS OF THE DATE WHEN THE MORTGAGE IN QUESTION ORIGINATED, OR TO A PERSON ENTITLED TO PROTECTION UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT.
Referred to Committee on Labor, Commerce and Industry
H. 5005 (Word version) -- Reps. Putnam, Hill and Pitts: A BILL TO AMEND SECTION 56-1-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, ITS COST, AND ITS CONTENTS, SO AS TO PROVIDE THAT A HOLDER OF A CONCEALED WEAPON PERMIT MAY HAVE A DESIGNATION PLACED ON HIS DRIVER'S LICENSE THAT IDENTIFIES HIM AS A HOLDER OF A PERMIT FOR A FEE.
Referred to Committee on Education and Public Works
H. 5006 (Word version) -- Reps. Lucas, Pope, Merrill, Bradley, Finlay, Stringer and Norman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-16-100 SO AS TO PROHIBIT LOBBYISTS AND PLACEMENT AGENTS FROM CONTACTING CERTAIN INDIVIDUALS CONNECTED WITH THE RETIREMENT SYSTEM INVESTMENT COMMISSION; TO AMEND SECTION 9-4-10, RELATING TO THE PUBLIC EMPLOYEE BENEFIT AUTHORITY, SO AS TO CLARIFY THE BOARD OF THE AUTHORITY IS THE SOLE GOVERNING BODY OF THE AUTHORITY, TO PROVIDE FOR A FIVE YEAR TERM AND STAGGERED TERMS OF BOARD MEMBERS, TO PRESCRIBE MEETING REQUIREMENTS, TO PROVIDE FOR AN EXECUTIVE DIRECTOR, AND TO PROVIDE CERTAIN FIDUCIARY DUTIES; TO AMEND SECTION 9-16-10, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 9-16-315, AS AMENDED, RELATING TO THE RETIREMENT SYSTEM INVESTMENT COMMISSION, SO AS TO ADD A GUBERNATORIAL APPOINTMENT TO THE COMMISSION, TO LIMIT A MEMBER TO TWO TERMS, TO PROVIDE FURTHER QUALIFICATIONS FOR MEMBERS, TO PROVIDE FOR AN EXECUTIVE DIRECTOR, AND TO ALLOW THE COMMISSION TO ENGAGE ATTORNEYS ON A FEE BASIS; TO AMEND SECTION 9-16-380, RELATING TO THE AUDIT OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION, SO AS TO REQUIRE THE AUDIT FIRM BE SELECTED USING THE PROCUREMENT CODE; TO AMEND SECTION 9-16-340, AS AMENDED, RELATING TO THE INVESTMENT OF RETIREMENT SYSTEM FUNDS, SO AS TO REQUIRE A REDUCTION IN THE TOTAL AMOUNT OF FEES PAID; BY ADDING ARTICLE 4 TO CHAPTER 16, TITLE 9 SO AS TO ESTABLISH THE REVIEW AND OVERSIGHT COMMISSION ON THE RETIREMENT SYSTEM INVESTMENT COMMISSION, TO PROVIDE FOR ITS MEMBERSHIP, AND TO PROVIDE FOR ITS SCREENING DUTIES; TO AMEND SECTION 9-1-1310, AS AMENDED, RELATING TO THE ASSETS OF THE RETIREMENT SYSTEM AND INVESTMENT OF RETIREMENT SYSTEM FUNDS, SO AS TO REQUIRE THE PUBLIC EMPLOYEE BENEFIT AUTHORITY TO HOLD THE ASSETS OF THE RETIREMENT SYSTEM IN A GROUP TRUST, AND TO PROHIBIT INVESTMENTS IN CERTAIN MONEY MORTGAGES AND REAL ESTATE INVESTMENT TRUSTS; AND TO AMEND SECTION 1-3-240, AS AMENDED, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR, SO AS TO ADD THE MEMBERS OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION TO THE LIST OF OFFICERS OR ENTITIES THE GOVERNING BOARD OF WHICH MAY BE REMOVED BY THE GOVERNOR ONLY FOR CERTAIN REASONS CONSTITUTING CAUSE.
Referred to Committee on Ways and Means
H. 5007 (Word version) -- Reps. Lucas, Pope, Merrill, Bradley, Finlay, Stringer and Norman: A BILL TO AMEND SECTION 9-16-335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSUMED RATE OF RETURN FOR RETIREMENT SYSTEM FUNDS, SO AS TO PROVIDE THAT THE ASSUMED RATE OF RETURN EXPIRES EVERY FOUR YEARS UNLESS ACTION IS TAKEN BY THE GENERAL ASSEMBLY, AND IF NOT, THE RATE IS SET BY THE STATE FISCAL ACCOUNTABILITY AUTHORITY; AND TO AMEND SECTION 9-1-1085, RELATING TO EMPLOYER AND EMPLOYEE CONTRIBUTION RATES FOR PURPOSES OF THE RETIREMENT SYSTEM, SO AS TO REDUCE THE AMORTIZATION SCHEDULE FROM THIRTY YEARS TO TWENTY YEARS.
Referred to Committee on Ways and Means
H. 5008 (Word version) -- Reps. Lucas, Pope, Merrill, Bradley, Finlay, Stringer and Norman: A BILL TO AMEND SECTION 9-1-1815, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT ALLOWANCE ADJUSTMENTS, SO AS TO BASE THE ADJUSTMENT ON THE ASSUMED RATE OF RETURN AND THE FIVE-YEAR AVERAGE INVESTMENT RETURN, AND TO PROVIDE THAT THE ADJUSTMENT MAY NOT EXCEED TWO AND ONE-HALF PERCENT.
Referred to Committee on Ways and Means
H. 5009 (Word version) -- Reps. Cole, Tallon, Hicks, Brannon, Allison, Chumley, Clary and Forrester: A BILL TO AMEND SECTION 12-65-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEXTILES COMMUNITIES REVITALIZATION INCOME TAX CREDIT, SO AS TO DELETE A PROVISION THAT LIMITS THE CREDIT TO FIFTY PERCENT OF CERTAIN LIABILITY.
Referred to Committee on Ways and Means
H. 5010 (Word version) -- Reps. Johnson, Duckworth, Hardee, Yow, Jordan, Corley, Kirby, McCoy, Goldfinch, Stavrinakis, Kennedy, Huggins, Tinkler, Bernstein, Limehouse, Fry, Ryhal, Clemmons, Herbkersman, Hill, Hixon, Lowe, W. J. McLeod, Merrill, Nanney, Newton, Rutherford and Sandifer: A BILL TO AMEND SECTION 62-5-103, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OR DELIVERY TO A MINOR OR INCAPACITATED PERSON, SO AS TO AUTHORIZE THE COURT TO ORDER THE REASONABLE PAYMENT, EXPENDITURE, OR DISBURSEMENT OF FUNDS NECESSARY TO SATISFY A SPECIFIC NEED OF A MINOR OR INCAPACITATED PERSON WHICH IS NOT SPECIFICALLY AUTHORIZED ELSEWHERE IN THE CODE.
Referred to Committee on Judiciary
H. 5011 (Word version) -- Reps. Clemmons, Fry, Johnson, Duckworth, Hardee, Anderson, Goldfinch, George and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-10-980 SO AS TO PROVIDE FOR THE REIMPOSITION OF THE LOCAL OPTION TOURISM DEVELOPMENT FEE.
Referred to Committee on Ways and Means
S. 853 (Word version) -- Senators Cleary, Fair, Campbell, Cromer, Johnson, Bryant, Nicholson, Hutto and Bright: A BILL TO AMEND CHAPTER 99, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY TREATMENT FOR MEDICAL HAZARDS CAUSED BY INSECT STINGS, SO AS TO RENAME THE CHAPTER THE "EMERGENCY ANAPHYLAXIS TREATMENT ACT", TO ADD A DEFINITION FOR "EPINEPHRINE AUTO-INJECTOR", TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP A TRAINING AND CERTIFICATION PROGRAM FOR INDIVIDUALS WHO ADMINISTER EPINEPHRINE AUTO-INJECTORS, TO ALLOW CERTAIN ENTITIES TO OBTAIN A PRESCRIPTION FOR AN EPINEPHRINE AUTO-INJECTOR FROM PHYSICIANS, PHARMACISTS, AND OTHER AUTHORIZED INDIVIDUALS, TO ALLOW PHYSICIANS, PHARMACISTS, AND OTHER AUTHORIZED INDIVIDUALS TO PRESCRIBE OR SELL A PRESCRIPTION FOR AN EPINEPHRINE AUTO-INJECTOR TO CERTAIN ENTITIES, TO ALLOW APPROPRIATELY CERTIFIED EMPLOYEES OF CERTAIN ENTITIES TO USE AN EPINEPHRINE AUTO-INJECTOR, TO PROVIDE LIABILITY LIMITATIONS FOR CERTAIN INDIVIDUALS AND ENTITIES WHEN ADMINISTERING AN EPINEPHRINE AUTO-INJECTOR, AND FOR OTHER PURPOSES.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 929 (Word version) -- Senators Campbell, Verdin, Cleary, Lourie, Hembree, Fair and Bright: A BILL TO AMEND TITLE 44 OF THE 1976 CODE, RELATING TO HEALTH, BY ADDING CHAPTER 137, TO ENACT THE RIGHT TO TRY ACT, TO PROVIDE FOR AN ELIGIBLE PATIENT'S RIGHT TO TRY INVESTIGATIONAL DRUGS, BIOLOGICAL PRODUCTS, OR DEVICES TO COMBAT A TERMINAL ILLNESS; TO PROVIDE FOR AN ELIGIBLE PATIENT'S REQUEST TO USE AN INVESTIGATIONAL DRUG, BIOLOGICAL PRODUCT, OR DEVICE; TO PROVIDE THAT AN ELIGIBLE PATIENT GIVE INFORMED CONSENT PRIOR TO USING AN INVESTIGATIONAL DRUG, BIOLOGICAL PRODUCT, OR DEVICE; TO PROVIDE PROTECTION FROM LIABILITY FOR DOCTORS PRESCRIBING AND MANUFACTURERS OF AN INVESTIGATIONAL DRUG, BIOLOGICAL PRODUCT, OR DEVICE; TO PROVIDE THAT STATE EMPLOYEES MAY NOT BLOCK THE PROPER USE OF AN INVESTIGATIONAL DRUG, BIOLOGICAL PRODUCT, OR DEVICE; AND TO DEFINE NECESSARY TERMS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 1036 (Word version) -- Senator Cleary: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-176 SO AS TO PROVIDE THE STATE BOARD OF DENTISTRY MAY ISSUE RESTRICTED DENTAL AUXILIARY INSTRUCTORS' LICENSES TO DENTISTS WHO MEET CERTAIN REQUIREMENTS, TO PROVIDE LICENSED DENTAL AUXILIARY INSTRUCTORS MAY PRACTICE DENTISTRY IN LIMITED CIRCUMSTANCES ASSOCIATED WITH CERTAIN ACCREDITED DENTAL AUXILIARY PROGRAMS OF TECHNICAL COLLEGES, AND TO PROVIDE FOR THE RENEWAL AND REVOCATION OF RESTRICTED DENTAL AUXILIARY LICENSES; AND TO AMEND SECTION 40-15-175, RELATING TO RESTRICTED INSTRUCTORS' LICENSES ISSUED BY THE BOARD, SO AS TO REVISE CRITERIA FOR LICENSURE AND REQUIRE RENEWAL BIENNIALLY INSTEAD OF ANNUALLY.
Referred to Committee on Medical, Military, Public and Municipal Affairs
Rep. HOSEY moved that the House do now adjourn pending ratification of Acts, which was agreed to.
At 1:15 p.m. the House attended in the Senate Chamber, where the following Acts were duly ratified:
(R. 140, H. 4507 (Word version)) -- Rep. Tallon: AN ACT TO AMEND SECTION 23-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, PURPOSE, AND MEMBERSHIP OF THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS HALL OF FAME ADVISORY COMMITTEE, SO AS TO INCREASE THE MEMBERSHIP TO INCLUDE THE PRESIDENT OF THE SOUTH CAROLINA FRATERNAL ORDER OF POLICE, OR HIS DESIGNEE.
(R. 141, H. 4660 (Word version)) -- Reps. Sandifer and Gambrell: AN ACT TO AMEND SECTION 38-43-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITED LINE AND SPECIAL PRODUCER LICENSURE, SO AS TO PROVIDE THAT A LICENSED PROPERTY CASUALTY INSURANCE PRODUCER MAY PLACE SURPLUS LINES INSURANCE THROUGH A LICENSED INSURANCE BROKER WITHOUT BEING APPOINTED BY THE SURPLUS LINES INSURER; AND TO AMEND SECTION 38-1-20, RELATING TO DEFINITIONS CONCERNING THE INSURANCE LAW OF THIS STATE, AND SECTION 38-45-10, RELATING TO DEFINITIONS CONCERNING INSURANCE BROKERS AND SURPLUS PROPERTY LINES INSURANCE, BOTH SO AS TO MAKE CONFORMING CHANGES TO RELATED TERMS.
(R. 142, H. 4857 (Word version)) -- Reps. Hiott, Clary and Collins: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-27-255 SO AS TO REQUIRE COAL COMBUSTION RESIDUALS RESULTING FROM THE PRODUCTION OF ELECTRICITY TO BE PLACED IN A CLASS 3 LANDFILL AND TO PROVIDE EXCEPTIONS.
The Senate returned to the House with concurrence the following:
H. 4194 (Word version) -- Rep. Quinn: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF CORRECTIONS NAME THE INMATE CEMETERY LOCATED ON ITS BROAD RIVER ROAD PROPERTY IN RICHLAND COUNTY "PAUL ISAIAH WELDON CEMETERY".
H. 4928 (Word version) -- Reps. Hiott, Clary, Collins, 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, 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 CONCURRENT RESOLUTION TO AFFIRM THE DEDICATION OF THE GENERAL ASSEMBLY TO THE FUTURE SUCCESS OF SOUTH CAROLINA'S YOUNG PEOPLE AND TO THE PREVENTION OF CHILD ABUSE AND NEGLECT AND TO DECLARE THE MONTH OF APRIL 2016 AS "CHILD ABUSE PREVENTION MONTH" IN THE STATE OF SOUTH CAROLINA.
H. 4980 (Word version) -- Reps. Thayer, Tallon, Ryhal, Hardee, Clary, Hiott, V. S. Moss and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1537 SO AS TO PROVIDE THAT A DRIVER OF A MOTOR VEHICLE APPROACHING A VEHICLE COLLECTING SOLID WASTE OR RECOVERED MATERIALS, AS PROVIDED IN SECTION 56-5-2510, MUST PROCEED WITH CAUTION AND, IF POSSIBLE, YIELD THE RIGHT OF WAY BY MAKING A LANE CHANGE INTO A LANE THAT IS NOT ADJACENT TO THE VEHICLE COLLECTING SOLID WASTE OR RECOVERED MATERIALS, AND TO PROVIDE A PENALTY.
At 1:25 p.m. the House, in accordance with the motion of Rep. YOW, adjourned in memory of Reverend Tom Rutan, to meet at 10:00 a.m. tomorrow.
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