Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Isaiah 6:1: "I was ready to be sought out."
Let us pray. Gracious God, may we never give up on love, knowing You never give up on us. Help us to make ourselves ready and willing to do Your will in all we do here in this place. Keep these Representatives and staff always in Your grace. Bless our Nation, President, State, Governor, Speaker, staff, and all who support this Assembly. Protect our defenders of freedom at home and abroad as they protect us. Heal the wounds, those seen and those hidden, of our brave warriors who suffer and sacrifice for our freedom. Lord, in Your mercy, hear our prayers. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. J. E. SMITH moved that when the House adjourns, it adjourn in memory of JW Childers, which was agreed to.
The following was received:
Columbia, S.C., May 26, 2016
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators L. Martin, Malloy and Campsen of the Committee of Conference on the part of the Senate on H. 3184:
H. 3184 (Word version) -- Reps. Pope, Cole, Anderson, Bales, G. A. Brown, Burns, Finlay, Funderburk, Hart, Knight, Lucas, Murphy, Newton, Norman, Norrell, Putnam, Rivers, Southard, Spires, Tallon, Taylor, Wells, Williams, Willis, Bernstein, Long, Douglas, Henderson, G. M. Smith, G. R. Smith, McCoy, McKnight, Clary, M. S. McLeod, Thayer, W. J. McLeod, Weeks, J. E. Smith and Stavrinakis: A BILL TO AMEND SECTION 8-13-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ETHICS COMMISSION AND ITS MEMBERSHIP, SO AS TO RECONSTITUTE THE MEMBERSHIP OF THE COMMISSION EFFECTIVE JULY 1, 2015, TO CONSIST OF FOUR MEMBERS APPOINTED BY THE GOVERNOR, FOUR MEMBERS ELECTED BY THE SUPREME COURT, TWO MEMBERS ELECTED BY THE HOUSE OF REPRESENTATIVES, AND TWO MEMBERS ELECTED BY THE SENATE, RESPECTIVELY, TO PROVIDE FOR THE QUALIFICATIONS OF THESE MEMBERS, TO PROVIDE FOR OFFICERS OF THE COMMISSION, AND TO PROVIDE FOR THE MEMBERS' TERMS OF OFFICE AND MANNER OF THEIR REMOVAL UNDER CERTAIN CONDITIONS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES, POWERS, AND PROCEDURES OF THE STATE ETHICS COMMISSION, SO AS TO REVISE THESE DUTIES, POWERS, AND PROCEDURES INCLUDING PROVISIONS TO VEST WITH THE COMMISSION THE ADDITIONAL RESPONSIBILITY TO INITIATE OR RECEIVE COMPLAINTS AGAINST MEMBERS OF THE GENERAL ASSEMBLY, ITS STAFF, AND CANDIDATES FOR ELECTION TO THE GENERAL ASSEMBLY, TO INITIATE OR RECEIVE COMPLAINTS AGAINST JUDGES AND OTHER JUDICIAL OFFICIALS OF THE UNIFIED JUDICIAL SYSTEM AND THEIR STAFFS, TO PROVIDE FOR THE INVESTIGATION AND PROCESSING OF COMPLAINTS AGAINST GENERAL ASSEMBLY MEMBERS, STAFF, AND CANDIDATES PURSUANT TO SPECIFIED PROCEDURES AND FOR THE REFERRAL OF SUBSTANTIVE COMPLAINTS TO THE APPROPRIATE HOUSE OR SENATE ETHICS COMMITTEES FOR DISPOSITION TOGETHER WITH THE ETHICS COMMISSION'S RECOMMENDATION AS TO WHETHER OR NOT THERE IS PROBABLE CAUSE TO BELIEVE A VIOLATION HAS OCCURRED, TO PROVIDE FOR THE INVESTIGATION AND PROCESSING OF COMPLAINTS AGAINST JUDGES AND OTHER JUDICIAL OFFICIALS OR THEIR STAFF PURSUANT TO SPECIFIED PROCEDURES AND, AFTER INVESTIGATION, FOR THE REFERRAL OF SUBSTANTIVE COMPLAINTS TO THE COMMISSION ON JUDICIAL CONDUCT AND THE SUPREME COURT FOR DISPOSITION TOGETHER WITH THE ETHICS COMMISSION'S RECOMMENDATION AS TO WHETHER OR NOT THERE IS PROBABLE CAUSE TO BELIEVE A VIOLATION HAS OCCURRED; TO AMEND SECTIONS 8-13-530 AND 8-13-540, BOTH AS AMENDED, RELATING TO THE DUTIES, FUNCTIONS, AND PROCEDURES OF THE HOUSE AND SENATE ETHICS COMMITTEES, SO AS TO REVISE THESE DUTIES, FUNCTIONS, AND PROCEDURES IN ORDER TO BE CONSISTENT WITH THE ABOVE PROVISIONS AND TO MAKE OTHER CHANGES; BY ADDING SECTION 8-13-545 SO AS TO AUTHORIZE THE HOUSE OR SENATE ETHICS COMMITTEES TO ISSUE FORMAL ADVISORY OPINIONS AND PROVIDE FOR THEIR EFFECT AND APPLICABILITY; AND BY ADDING ARTICLE 6 TO CHAPTER 13, TITLE 8 SO AS TO PROVIDE FOR JUDICIAL COMPLAINT PROCEDURES IN REGARD TO THE ABOVE PROVISIONS.
Very respectfully,
President
Received as information.
The Senate sent to the House the following:
S. 1341 (Word version) -- Senator Malloy: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME SOUTH CAROLINA HIGHWAY 34 FROM THE BISHOPVILLE CITY LIMITS TO THE LEE COUNTY/KERSHAW COUNTY LINE AS "GOVERNOR MCLEOD HIGHWAY" IN HONOR OF FORMER GOVERNOR THOMAS GORDON MCLEOD, AND ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1346 (Word version) -- Senators M. B. Matthews, Alexander, Allen, Bennett, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Corbin, Courson, Cromer, Davis, Fair, Gambrell, Gregory, Grooms, Hayes, Hembree, Hutto, Jackson, Johnson, Kimpson, Leatherman, Lourie, Malloy, L. Martin, S. Martin, Massey, J. Matthews, McElveen, Nicholson, Peeler, Rankin, Reese, Sabb, Scott, Setzler, Shealy, Sheheen, Thurmond, Turner, Verdin, Williams and Young: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE AND INTERCHANGE TO BE CONSTRUCTED AT THE PROPOSED EXIT 3 ALONG INTERSTATE HIGHWAY 95 IN JASPER COUNTY THE "SENATOR CLEMENTA C. PINCKNEY MEMORIAL BRIDGE AND INTERCHANGE" IN HONOR OF THIS DISTINGUISHED SON OF SOUTH CAROLINA AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1347 (Word version) -- Senators M. B. Matthews, Alexander, Allen, Bennett, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Corbin, Courson, Cromer, Davis, Fair, Gambrell, Gregory, Grooms, Hayes, Hembree, Hutto, Jackson, Johnson, Kimpson, Leatherman, Lourie, Malloy, L. Martin, S. Martin, Massey, J. Matthews, McElveen, Nicholson, Peeler, Rankin, Reese, Sabb, Scott, Setzler, Shealy, Sheheen, Thurmond, Turner, Verdin, Williams and Young: A CONCURRENT RESOLUTION TO REQUEST THE JASPER OCEAN TERMINAL JOINT PROJECT OFFICE BOARD OF DIRECTORS NAME THE PROPOSED JASPER OCEAN TERMINAL TO BE LOCATED IN JASPER COUNTY IN HONOR OF THE LATE SENATOR CLEMENTA C. PINCKNEY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bill was introduced, read the first time, and referred to appropriate committee:
S. 1204 (Word version) -- Senators Sheheen and Bennett: A BILL TO AMEND SECTION 59-29-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL EDUCATION INSTRUCTION IN PUBLIC SCHOOLS, SO AS TO PROVIDE MARCHING BAND INSTRUCTION BASED ON THE SOUTH CAROLINA ACADEMIC STANDARDS FOR THE VISUAL AND PERFORMING ARTS MUST BE CONSIDERED THE EQUIVALENT OF PHYSICAL EDUCATION INSTRUCTION.
Referred to Committee on Education and Public Works
The roll call of the House of Representatives was taken resulting as follows:
Allison Anderson Anthony Atwater Bales Ballentine Bamberg Bedingfield Bernstein Bingham Bowers Bradley Brannon G. A. Brown Burns Clary Clemmons Clyburn Cobb-Hunter Cole Collins Corley Crosby Daning Delleney Douglas Duckworth Felder Forrester Fry Funderburk Gagnon George Govan Hardee Hart Hayes Henderson Henegan Hill Hiott Hixon Hodges Horne Hosey Howard Jefferson Johnson Jordan Kennedy King Kirby Loftis Lowe Lucas McCoy W. J. McLeod Merrill D. C. Moss V. S. Moss Murphy Norrell Ott Parks Pitts Pope Putnam Ridgeway Rivers Robinson-Simpson Rutherford Ryhal G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Tinkler Toole Weeks Whipper White Whitmire Williams Willis Yow
I came in after the roll call and was present for the Session on Tuesday, May 31.
Terry Alexander Bruce W. Bannister Robert L. Brown Heather Crawford Chandra Dillard Shannon Erickson Kirkman Finlay Wendell Gilliard William G. Herbkersman Donna Hicks Chip Huggins Patsy Knight H. B. "Chip" Limehouse Deborah A. Long David Mack Joe McEachern Cezar McKnight Mia S. McLeod Wendy Nanney Joseph Neal Weston Newton Ralph Norman Richard "Rick" Quinn R. Shannon Riley W. E. "Bill" Sandifer Gary Simrill Anne Thayer
Rep. RUTHERFORD signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, May 26.
The SPEAKER granted Rep. HAMILTON a leave of absence for the day due to a prior commitment.
The SPEAKER granted Rep. CHUMLEY a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. H. A. CRAWFORD a temporary leave of absence.
Announcement was made that Dr. Alejandro Jose Luis of Columbia was the Doctor of the Day for the General Assembly.
The SPEAKER ordered the following Veto printed in the Journal:
May 27, 2016
The Honorable James H. Lucas
Speaker of the House of Representative
Statehouse, Second Floor
Columbia, South Carolina 29201
Dear Speaker Lucas and Members of the House of Representatives,
Today, I am vetoing R. 200, H. 3849 (Word version), a bill limiting public disclosure of certain records relevant to teacher evaluations currently subject to the Freedom of Information Act.
The intent of this bill is to protect sensitive information about individual teachers and promote a more candid approach to educator evaluations, but the final language of this bill is unfortunately too expansive. As drafted, the language would allow school districts to exempt any record related to an educator's evaluation solely because that record contained personally identifiable information. Accordingly, this exemption could extend to disciplinary records documenting teacher misconduct - records that should not be withheld from the public.
At this time, I am working with the bill's sponsor and Superintendent Spearman to cooperatively develop legislation meeting the goals of protecting privacy and preserving reasonable public access to public records. With my commitment to address this issue, I ask that you sustain this veto.
My very best,
Nikki R. Haley
Governor
The Veto on the following Act was taken up:
(R. 200, H. 3849 (Word version)) -- Rep. Bingham: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-45 SO AS TO EXEMPT PERSONALLY IDENTIFIABLE INFORMATION IN CERTAIN EVALUATIONS OF PUBLIC SCHOOL EDUCATORS AND STUDENT TEACHERS FROM PUBLIC DISCLOSURE.
Rep. BINGHAM spoke in favor of the Veto.
The question was put, shall the Act become a part of the law, the Veto of her Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Alexander Allison Anderson Anthony Atwater Bales Ballentine Bamberg Bedingfield Bernstein Bingham Bowers Bradley G. A. Brown Burns Clary Clemmons Clyburn Cobb-Hunter Cole Collins Corley Crosby Daning Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Fry Funderburk George Gilliard Govan Hart Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Horne Hosey Howard Jefferson Johnson Jordan Kennedy King Kirby Limehouse Loftis Long Lowe Lucas McCoy McEachern McKnight M. S. McLeod W. J. McLeod Merrill D. C. Moss V. S. Moss Murphy Nanney Neal Newton Norman Norrell Ott Parks Pitts Pope Putnam Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Toole Weeks White Williams Willis Yow
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
I was temporarily out of the Chamber on constituent business during the vote on the Governor's Veto of H. 3849. If I had been present, I would have voted to sustain the Veto.
Rep. Chip Huggins
The following Bill was read the third time, passed and, 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:
S. 932 (Word version) -- Senators Bennett, Grooms and Hembree: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ASSESSMENT RATIOS, SO AS TO REVISE AN APPLICATION DEADLINE FOR CERTAIN PROPERTY OWNED BY CERTAIN MEMBERS OF THE ARMED FORCES.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 913 (Word version) -- Senators L. Martin, Davis, Hembree, Fair and Malloy: A BILL TO AMEND SECTION 30-4-50 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT, TO INCLUDE LAW ENFORCEMENT VEHICLE MOUNTED VIDEO AND AUDIO RECORDINGS IN THE LIST OF SPECIFIC CATEGORIES OF INFORMATION THAT IS TO BE MADE AVAILABLE TO THE PUBLIC, AND TO PROVIDE THAT LAW ENFORCEMENT MAY APPLY FOR INJUNCTIVE RELIEF FROM THE CIRCUIT COURT IF THERE IS CLEAR AND CONVINCING EVIDENCE OF SPECIFIC HARM FROM THE RELEASE OF THE RECORDING.
The following Bill was taken up:
S. 1122 (Word version) -- Senators Rankin, Cleary and Hembree: 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.
Rep. WHITE moved to adjourn debate on the Bill, which was adopted.
The following Bill was taken up:
S. 460 (Word version) -- Senator Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-370 SO AS TO PROVIDE THAT A COUNTY IN THIS STATE MAY ALLOW A TAXPAYER THE OPTION TO RECEIVE CERTAIN PROPERTY TAX BILLS AND RECEIPTS IN ELECTRONIC FORM, TO REQUIRE A PARTICIPATING COUNTY TO MAINTAIN PROOF THAT AN EMAIL WAS SENT TO A TAX PAYER, AND TO REQUIRE A PARTICIPATING COUNTY TO
CREATE AN APPLICATION PROCESS AND TO PUBLISH THE APPLICATION PROCESS.
Rep. G. R. SMITH explained the Bill.
Reps. HAYES, COBB-HUNTER, KING, DANING, HART, HENEGAN, BALES, OTT, G. R. SMITH, CLYBURN, KIRBY, ANDERSON, WHIPPER and WILLIAMS requested debate on the Bill.
The following Bill was taken up:
S. 626 (Word version) -- Senators Gregory, Hayes and Reese: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT EIGHTY PERCENT OF THE FAIR MARKET VALUE OF A RENEWABLE ENERGY RESOURCE FOR A PERIOD OF TEN YEARS PROVIDED THE PROPERTY IS OPERATIONAL BY DECEMBER 31, 2020, AND TO EXEMPT A DISTRIBUTED RENEWABLE ENERGY GENERATION PROPERTY FOR RESIDENTIAL USE.
Reps. BEDINGFIELD, FORRESTER, ATWATER, HIOTT, HIXON, SANDIFER, RYHAL, HARDEE, HILL, MERRILL, RIVERS, JOHNSON, YOW and TAYLOR requested debate on the Bill.
The following Bill was taken up:
S. 233 (Word version) -- Senators Campsen, Hembree and Grooms: A BILL TO AMEND SECTION 6-1-160 OF THE 1976 CODE, RELATING TO INVOCATIONS TO OPEN MEETINGS OF DELIBERATIVE BODIES, TO PROVIDE THAT PUBLIC PRAYER MEANS A PRAYER OR INVOCATION; TO PROVIDE THAT DELIBERATIVE PUBLIC BODY INCLUDES A SCHOOL DISTRICT BOARD; TO PROVIDE THAT PUBLIC INVOCATIONS SHALL NOT PROSELYTIZE OR ADVANCE ANY ONE FAITH OR BELIEF, OR COERCE PARTICIPATION BY OBSERVERS; AND TO BROADEN THE ITEMS THAT MAY BE INCLUDED IN A POLICY TO PERMIT PUBLIC INVOCATIONS ADOPTED BY THE PUBLIC BODY.
Rep. DELLENEY explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Anthony Atwater Bales Ballentine Bamberg Bedingfield Bernstein Bingham Bowers Bradley Brannon G. A. Brown Burns Clary Clyburn Cole Collins Corley Crosby Daning Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Fry Funderburk George Gilliard Govan Hardee Hart Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King Kirby Limehouse Loftis Long Lowe Lucas McCoy McEachern McKnight M. S. McLeod W. J. McLeod Merrill 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 Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Toole Weeks Whipper White Whitmire Williams Willis Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on S. 233. If I had been present, I would have voted in favor of the Bill.
Rep. Craig Gagnon
The following Joint Resolution was taken up:
S. 221 (Word version) -- Senators Malloy and Campsen: A JOINT RESOLUTION TO CONTINUE THE "SENTENCING REFORM OVERSIGHT COMMITTEE" UNTIL DECEMBER 31, 2020.
Rep. WEEKS moved to adjourn debate on the Joint Resolution until Wednesday, June 1, which was agreed to.
The following Bill was taken up:
S. 1015 (Word version) -- Senators Leatherman and Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-165 SO AS TO MAKE UNLAWFUL CERTAIN ACTIONS INVOLVING COUNTERFEIT OR NONFUNCTIONAL AIRBAGS.
Rep. WEEKS moved to adjourn debate on the Bill until Wednesday, June 1, which was agreed to.
The following Bill was taken up:
S. 1182 (Word version) -- Senators Shealy, Lourie, Fair and Hutto: A BILL TO AMEND ARTICLE 7, CHAPTER 5, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF CORONERS AND MEDICAL EXAMINERS, BY ADDING SECTIONS 17-5-541 AND 17-5-542, SO AS TO PROVIDE THAT THE CORONER OF EACH COUNTY SHALL SCHEDULE A LOCAL CHILD FATALITY REVIEW TEAM TO PERFORM A REVIEW OF A CASE WHERE A CHILD UNDER THE AGE OF EIGHTEEN DIES IN THE COUNTY HE SERVES AND TO PROVIDE THE PURPOSE OF THE REVIEW TEAM; TO AMEND ARTICLE 3, CHAPTER 5, TITLE 17, RELATING TO CORONERS, BY ADDING SECTION 17-5-140, SO AS TO PROVIDE THAT FUNDS MUST BE DISBURSED TO THE COUNTIES EQUALLY TO PAY THE DULY ELECTED FULL-TIME CORONER OR OTHER RELATED PERSONNEL OR EQUIPMENT AND TO PROVIDE THAT EXCESS FUNDS MUST BE USED BY THE CORONERS TRAINING ADVISORY COMMITTEE TO PERFORM ITS DUTIES; AND TO AMEND SECTION 17-5-130, RELATING TO THE CORONERS TRAINING ADVISORY COMMITTEE, SO AS TO PROVIDE ADDITIONAL DUTIES.
Rep. WHITE moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
S. 778 (Word version) -- Senator Malloy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO TITLE 62 SO AS TO ENACT THE "SOUTH CAROLINA UNIFORM POWER OF ATTORNEY ACT"; TO DEFINE APPLICABLE TERMS; TO OUTLINE THE ARTICLE'S REQUIREMENTS AND APPLICABILITY, AND TO PROVIDE EXCEPTIONS; TO AMEND PART 5, ARTICLE 5, TITLE 62, RELATING TO POWERS OF ATTORNEY, SO AS TO ENACT THE "SOUTH CAROLINA STATUTORY HEALTH CARE POWER OF ATTORNEY ACT"; TO DEFINE APPLICABLE TERMS; TO OUTLINE THE PART'S REQUIREMENTS AND APPLICABILITY; TO PROVIDE EXECUTION AND WITNESS REQUIREMENTS; AND TO SPECIFY THE PROPER FORM OF A HEALTH CARE POWER OF ATTORNEY.
Reps. J. E. SMITH, RUTHERFORD, OTT, WILLIAMS, JEFFERSON, FINLAY, BERNSTEIN, RIDGEWAY, ATWATER, HENDERSON, G. R. SMITH, NORRELL and KIRBY requested debate on the Bill.
The following Bill was taken up:
S. 777 (Word version) -- Senators Malloy and Bennett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-5-436 SO AS TO PROVIDE ADDITIONAL AND ALTERNATIVE REQUIREMENTS FOR MATTERS INVOLVING PAYMENT OF BENEFITS FROM THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS AND TO DEFINE RELEVANT TERMS; TO AMEND SECTION 62-1-201, AS AMENDED, RELATING TO DEFINITIONS APPLICABLE TO THE SOUTH CAROLINA PROBATE CODE, SO AS TO DEFINE THE TERM "VA" AND TO MAKE OTHER TECHNICAL CORRECTIONS; TO AMEND SECTION 62-5-404, RELATING TO THE ORIGINAL PETITION FOR APPOINTMENT OR PROTECTIVE ORDER, SO AS TO REQUIRE THE PETITION TO SHOW THAT THE PERSON TO BE PROTECTED HAS BEEN RATED INCOMPETENT BY THE VA AND TO PROVIDE THAT THE PETITION SHALL STATE THE NAME AND ADDRESS OF THE PERSON TO BE NOTIFIED ON BEHALF OF THE VA; TO AMEND SECTION 62-5-405, AS AMENDED, RELATING TO SERVICE OF SUMMONS AND PETITIONS, NOTICE OF HEARING, AND WAIVER OF NOTICE BY THE PERSON TO BE PROTECTED, SO AS TO REQUIRE SERVICE UPON THE VA AND NOTICE OF THE HEARING IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 62-5-407, AS AMENDED, RELATING TO PROCEDURES CONCERNING THE HEARING AND ORDER ON ORIGINAL PETITION, SO AS TO CLARIFY CERTAIN PROVISIONS IN CASES INVOLVING PAYMENT OF BENEFITS FROM THE VA; AND TO REPEAL PART 6, ARTICLE 5, CHAPTER 5, TITLE 62 RELATING TO THE UNIFORM VETERANS' GUARDIANSHIP ACT.
Rep. G. M. SMITH moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
S. 908 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT" BY ADDING PART 10 TO ARTICLE 2, TITLE 62 SO AS TO ESTABLISH A FRAMEWORK BY WHICH INTERNET USERS HAVE THE POWER TO PLAN FOR THE MANAGEMENT AND DISPOSITION OF DIGITAL ASSETS UPON DEATH OR INCAPACITATION; TO DEFINE NECESSARY TERMS; TO SET FORTH THE APPLICABILITY OF THE ACT TO FIDUCIARIES, PERSONAL REPRESENTATIVES, CONSERVATORS, TRUSTEES, AND OTHER PARTIES; TO PROVIDE THAT THE ACT DOES NOT APPLY TO A DIGITAL ASSET OF AN EMPLOYER THAT IS USED BY AN EMPLOYEE IN THE ORDINARY COURSE OF BUSINESS; AND TO REQUIRE THAT THE PROVISIONS OF THIS ACT BE APPLIED AND CONSTRUED SO AS TO PROMOTE UNIFORMITY OF LAW AMONG THE STATES.
Reps. J. E. SMITH, KING, OTT, NEAL, BERNSTEIN, RIDGEWAY, CROSBY, ROBINSON-SIMPSON, WILLIAMS and JEFFERSON requested debate on the Bill.
The following Bill was taken up:
S. 1064 (Word version) -- Senators Young and Rankin: A BILL TO AMEND SECTION 38-73-525 OF THE 1976 CODE, RELATING TO THE REQUIREMENT THAT AN INSURER WRITING A WORKERS' COMPENSATION POLICY SHALL FILE CERTAIN INFORMATION ON WHICH IT RELIES TO SUPPORT ITS RATE REQUEST, TO PROVIDE THAT THE INSURER MUST ADOPT THE MOST RECENT LOSS COST WITHIN ONE HUNDRED TWENTY DAYS OF APPROVAL OF THE LOSS COSTS; AND TO AMEND SECTION 38-73-1210, RELATING TO THE REQUIREMENT THAT ITS OBLIGATION TO MAKE CERTAIN FILINGS MAY BE SATISFIED BY MAKING FILINGS AS A MEMBER OF, OR SUBSCRIBER TO, A LICENSED RATING ORGANIZATION THAT MAKES FILINGS, TO REQUIRE THE FILINGS BE RULE AND FORM FILINGS AND NOT LOSS COST ADOPTION FILINGS, AND REQUIRE THE INSURER TO FILE FOR CERTAIN APPROVAL IF THE RATING ORGANIZATION TO WHICH IT SUBSCRIBES HAS A RATE INCREASE WITHIN TWELVE MONTHS AFTER THE INSURER BECOMES A MEMBER.
Reps. J. E. SMITH, COBB-HUNTER, BERNSTEIN, OTT, KING, RIDGEWAY, NEAL, ROBINSON-SIMPSON, DILLARD and WEEKS requested debate on the Bill.
The following Bill was taken up:
S. 868 (Word version) -- Senators Young, Massey, Setzler and Nicholson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 7, TITLE 58 SO AS TO PROVIDE PROCEDURES FOR THE EXERCISE OF EMINENT DOMAIN BY PIPELINE COMPANIES, TO PROVIDE NECESSARY DEFINITIONS, TO PROVIDE CERTAIN RELATED CERTIFICATION OR PERMITTING FUNCTIONS AT THE PUBLIC SERVICE COMMISSION AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, AND TO PROVIDE PROPERTY OWNER RIGHTS AND A CAUSE OF ACTION FOR DAMAGES SUSTAINED BY CERTAIN ADJACENT PROPERTY OF THE OWNER OF PROPERTY CONDEMNED UNDER THE PROVISIONS OF THIS ACT; AND TO DESIGNATE THE EXISTING PROVISIONS IN THE CHAPTER AS ARTICLE 1 ENTITLED "GAS AND WATER COMPANIES".
The Committee on Judiciary proposed the following Amendment No. 1 to S. 868 (COUNCIL\AGM\868C001.AGM.AB16):
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Section 58-7-10 of the 1976 Code of Laws is amended to read:
"Section 58-7-10. (A) Subject to the same duties and liabilities, all the rights, powers, and privileges conferred upon telegraph and telephone companies under Article 17 of Chapter 9 of this title are hereby granted to pipeline companies incorporated under the laws of this State or to such companies incorporated under the laws of any other state when such companies have complied with the laws of this State regulating the doing of business herein by foreign corporations.
(B) The provisions of this section do not apply to private, for-profit pipeline companies, including publicly traded for-profit companies, that are not defined within this title as a public utility."
SECTION 2. Unless the General Assembly amends Section 58-7-10 in any manner before the passing of five years after the effective date of this act or if the language of subsection (B) is reenacted or otherwise extended by the General Assembly, the provisions of subsection (B), as added by this act, are repealed five years after the effective date of this act.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. HIXON explained the amendment.
Reps. WHIPPER, HENDERSON, BRANNON, NANNEY, BEDINGFIELD, ATWATER, V. S. MOSS, GILLIARD, RYHAL, OTT, KING, WILLIS, WEEKS, CROSBY, NEAL, HARDEE and JEFFERSON requested debate on the Bill.
The following Joint Resolution was taken up:
S. 1065 (Word version) -- Senators Young, Massey, Setzler and Nicholson: A JOINT RESOLUTION TO CLARIFY THAT SECTION 58-7-10 OF THE 1976 CODE OF LAWS DOES NOT APPLY TO A PRIVATE, FOR-PROFIT PIPELINE COMPANY, INCLUDING A PUBLICLY-TRADED FOR-PROFIT COMPANY, THAT IS NOT A PUBLIC UTILITY AS DEFINED BY TITLE 58 OF THE 1976 SOUTH CAROLINA CODE OF LAWS; AND TO CREATE THE PETROLEUM PIPELINE STUDY COMMITTEE TO STUDY MATTERS RELATED TO THE PRESENCE OF PETROLEUM PIPELINES IN SOUTH CAROLINA, AND FOR THE STUDY COMMITTEE TO PROVIDE A REPORT TO THE GENERAL ASSEMBLY BY JANUARY 31, 2017, AND TO CONTINUE ITS WORK UNTIL JUNE 30, 2017, IF THE JANUARY REPORT DETERMINES FURTHER WORK IS NEEDED.
Rep. HIXON explained the Joint Resolution.
Reps. J. E. SMITH, HART, KING, W. J. MCLEOD, NEAL, ATWATER, BEDINGFIELD, WEEKS, V. S. MOSS, BRANNON, WHIPPER, KIRBY and JEFFERSON requested debate on the Joint Resolution.
Rep. MCCOY moved that the House recede until 2:45 p.m., which was agreed to.
At 2:45 p.m. the House resumed, ACTING SPEAKER DOUGLAS in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. PUTNAM a leave of absence for the remainder of the day due to a prior commitment.
The SPEAKER granted Rep. G. A. BROWN a leave of absence for the remainder of the day.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. BEDINGFIELD asked unanimous consent to recall S. 1120 (Word version) from the Committee on Regulations and Administrative Procedures.
Rep. J. E. SMITH objected.
Rep. BEDINGFIELD asked unanimous consent to recall S. 1116 (Word version) from the Committee on Regulations and Administrative Procedures.
Rep. J. E. SMITH objected.
Rep. BEDINGFIELD asked unanimous consent to recall S. 1117 (Word version) from the Committee on Regulations and Administrative Procedures.
Rep. J. E. SMITH objected.
Rep. BEDINGFIELD asked unanimous consent to recall S. 1118 (Word version) from the Committee on Regulations and Administrative Procedures.
Rep. J. E. SMITH objected.
Rep. BEDINGFIELD asked unanimous consent to recall S. 1178 (Word version) from the Committee on Regulations and Administrative Procedures.
Rep. J. E. SMITH objected.
Rep. BEDINGFIELD asked unanimous consent to recall S. 1179 (Word version) from the Committee on Regulations and Administrative Procedures.
Rep. COBB-HUNTER objected.
Rep. D. C. MOSS asked unanimous consent to recall S. 1023 (Word version) from the Committee on Judiciary.
Rep. J. E. SMITH objected.
Rep. MERRILL asked unanimous consent to recall S. 227 (Word version) from the Committee on Ways and Means.
Rep. J. E. SMITH objected.
Rep. TALLON asked unanimous consent to recall S. 1136 (Word version) from the Committee on Judiciary.
Rep. J. E. SMITH objected.
On motion of Rep. CLARY, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:
S. 1262 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 59-40-50 OF THE 1976 CODE, RELATING TO POWERS AND DUTIES OF CHARTER SCHOOLS, SO AS TO ADD PROVISIONS CONCERNING CHARTER SCHOOLS DESIGNATED AS ALTERNATIVE EDUCATION CAMPUSES AND EDUCATIONALLY DISADVANTAGED STUDENTS; AND TO AMEND SECTION 59-40-111, RELATING TO CHARTER SCHOOLS DESIGNATED AS ALTERNATIVE EDUCATION CAMPUSES, TO REVISE CRITERIA FOR THIS DESIGNATION TO INCLUDE SCHOOLS WITH FIFTY PERCENT OR MORE OF STUDENTS HAVING DEMONSTRATED NEEDS FOR CERTAIN SPECIALIZED INSTRUCTION RELATED TO LITERACY, AND TO REVISE CONSIDERATIONS OF CERTAIN DATA THAT MUST BE MADE WHEN MEASURING THE PERFORMANCE OF A CHARTER SCHOOL IN MEETING CERTAIN STATE AND FEDERAL ACCOUNTABILITY STANDARDS.
On motion of Rep. WHITE, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:
S. 227 (Word version) -- Senators Campbell, Rankin and Grooms: A BILL TO AMEND SECTION 12-10-88 OF THE 1976 CODE, RELATING TO THE REMISSION OF REDEVELOPMENT FEES TO A REDEVELOPMENT AUTHORITY, TO EXTEND THE END DATE FOR REMISSIONS FROM JANUARY 1, 2017, TO JANUARY 1, 2037.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3891 (Word version) -- Reps. Toole, Long, Bedingfield, J. E. Smith, Anderson, Forrester, Rutherford and Sandifer: A BILL TO AMEND SECTION 56-31-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURCHARGES ON RENTAL OR PRIVATE PASSENGER MOTOR VEHICLES FOR THIRTY-ONE DAYS OR LESS, SO AS TO DEFINE NECESSARY TERMS, TO DELETE EXISTING SURCHARGE PROVISIONS, TO INSTEAD PROVIDE RENTAL COMPANIES ENGAGED IN THE BUSINESS OF RENTING VEHICLES FOR PERIODS OF NINETY DAYS OR LESS MAY CHARGE SEPARATELY STATED FEES WHICH MAY INCLUDE CERTAIN FEES AND TAXES, TO PROVIDE THE AMOUNT OF THE CHARGE MUST REPRESENT THE GOOD FAITH ESTIMATE BY THE MOTOR VEHICLE RENTAL COMPANY OF ITS DAILY CHARGE CALCULATED TO RECOVER ITS ACTUAL TOTAL ANNUAL RECOVERABLE COSTS, TO PROVIDE REQUIREMENTS FOR WHEN THE TOTAL AMOUNT OF THE VEHICLE LICENSE FEES COLLECTED BY A MOTOR VEHICLE RENTAL COMPANY IN ANY CALENDAR YEAR EXCEEDS THE ACTUAL COSTS OF THE CAR RENTAL COMPANY DURING THAT PERIOD, TO REQUIRE A CERTAIN DESCRIPTION OF VEHICLE LICENSE FEES IN THE VEHICLE RENTAL AGREEMENTS, AND TO PROVIDE THAT VEHICLE LICENSE FEES ARE SUBJECT TO CERTAIN SALES AND USE TAXES.
Rep. WHITE moved to adjourn debate on the Senate Amendments until Wednesday, June 1, which was agreed to.
The following Concurrent Resolution was taken up:
H. 5404 (Word version) -- Rep. W. J. McLeod: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSTATE HIGHWAY 26/SOUTH CAROLINA HIGHWAY 773 INTERCHANGE IN NEWBERRY COUNTY THE "SENATOR TOM POPE INTERCHANGE" IN HONOR OF FORMER SENATOR TOM POPE AND ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 5405 (Word version) -- Rep. W. J. McLeod: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSTATE HIGHWAY 26/SOUTH CAROLINA HIGHWAY 202 INTERCHANGE IN NEWBERRY COUNTY THE "SENATOR EUGENE GRIFFITH INTERCHANGE" IN HONOR OF FORMER SENATOR EUGENE GRIFFITH AND ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 5420 (Word version) -- Rep. Daning: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION PLACE SIGNS AT THE INTERSECTION OF CROWFIELD BOULEVARD AND UNITED STATES HIGHWAY 176, AND AT THE INTERSECTION OF CROWFIELD BOULEVARD AND COLLEGE PARK ROAD IN BERKELEY COUNTY THAT CONTAIN THE WORDS "HOME OF THE STRATFORD HIGH SCHOOL LADY KNIGHTS, THE 2016 AAAA STATE SOFTBALL CHAMPIONS".
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 5402 (Word version) -- Rep. Alexander: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF THE PAMPLICO HIGHWAY IN FLORENCE COUNTY FROM ITS INTERSECTION WITH FLOWERS ROAD TO ITS INTERSECTION WITH BRANCH ROAD "CHIEF APOSTLE FRED GRAHAM HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THIS DESIGNATION.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 5416 (Word version) -- Rep. G. A. Brown: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF SOUTH CAROLINA HIGHWAY 401 AND DOG ISLAND ROAD IN LEE COUNTY "ATKINSON CROSSROADS" AND ERECT APPROPRIATE MARKERS OR SIGNS THAT CONTAIN THIS DESIGNATION.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
S. 1310 (Word version) -- Senators Malloy and McElveen: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTURE OF GREEN LANE AND SOUTH CAROLINA HIGHWAY 15 IN LEE COUNTY "ARTHUR BROWN CROSSROADS" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION THAT CONTAIN THIS DESIGNATION.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
S. 1307 (Word version) -- Senator Johnson: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF U.S. HIGHWAY 76 FROM THE TIMMONSVILLE CITY LIMIT TO ITS INTERSECTION WITH INTERSTATE 95 THE "REVEREND DR. HENRY B. PEOPLES HIGHWAY" AND ERECT APPROPRIATE MARKERS AND SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THIS DESIGNATION.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
S. 1309 (Word version) -- Senator Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY 76 FROM ITS INTERSECTION WITH S. CANAL ROAD TO ITS INTERSECTION WITH MAIN STREET IN MARION, SOUTH CAROLINA, "BISHOP R.F. DAVIS HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THIS DESIGNATION.
The Concurrent Resolution was adopted and sent to the Senate.
Reps. HENEGAN and HART made a statement relative to Rep. M. S. MCLEOD'S service in the House.
Rep. M. S. MCLEOD made a statement relative to her service in the House.
The motion period was dispensed with on motion of Rep. DELLENEY.
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. PITTS moved to recommit the Bill to the Committee on Ways and Means, 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 recommit the Bill to the Committee on Ways and Means, which was agreed to.
The following Bill was taken up:
H. 3767 (Word version) -- Rep. White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-221 SO AS TO PROHIBIT THE LEVY OF CERTAIN PROPERTY TAXES ON REAL PROPERTY OWNED OR LEASED TO CERTAIN CHILDCARE PROVIDERS; TO AMEND SECTION 63-13-20, RELATING TO THE DEFINITION OF TERMS USED IN THE REGULATION OF CHILDCARE FACILITIES, SO AS TO CLARIFY THE TYPES OF DAYTIME PROGRAMS AND DAY CAMPS TO WHICH THE DEFINITION APPLIES; BY ADDING SECTION 63-13-220 SO AS TO PROHIBIT USE OF ABC VOUCHERS BY CERTAIN CHILDCARE FACILITIES AND TO REQUIRE THE GENERAL ASSEMBLY TO APPROPRIATE FUNDS ANNUALLY; AND BY ADDING SECTION 63-13-470 SO AS TO PROVIDE FOR LICENSING AND APPROVAL REQUIREMENTS FOR PRIVATE CHILDCARE CENTERS AND GROUP CHILDCARE HOMES.
Rep. WHITE moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.
The following Bill was taken up:
S. 229 (Word version) -- Senators Campbell and Turner: A BILL TO AMEND SECTION 48-1-90 OF THE 1976 CODE, RELATING TO REMEDIES FOR CAUSING OR PERMITTING POLLUTION OF THE ENVIRONMENT, TO CLARIFY THAT PERSONS WHO MAY FILE A PETITION WITH THE DEPARTMENT DOES NOT INCLUDE A DEPARTMENT, AGENCY, COMMISSION, DEPARTMENT, OR POLITICAL SUBDIVISION OF THE STATE, AND TO PROVIDE FOR DEPARTMENT DECISIONS THAT ARE NOT SUBJECT TO JUDICIAL REVIEW IN A CIVIL PROCEEDING; TO AMEND SECTION 6 OF ACT 198 OF 2012, RELATING TO THE SAVINGS CLAUSE, TO PROVIDE THAT THE SAVINGS CLAUSE OF ACT 198 APPLIES ONLY TO CASES FILED BEFORE JUNE 6, 2012, AND ANY FEDERAL PROJECT FOR WHICH A FINAL ENVIRONMENTAL IMPACT STATEMENT WAS ISSUED PRIOR TO JUNE 6, 2012, BUT NO RECORD OF DECISION WAS ISSUED PRIOR TO JUNE 6, 2012.
Rep. DELLENEY moved to adjourn debate on the Bill until Wednesday, June 1, which was agreed to.
The following Bill was taken up:
S. 653 (Word version) -- Senator Scott: A BILL TO AMEND SECTION 38-63-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF INDIVIDUAL LIFE INSURANCE POLICY BENEFIT PROCEEDS IN A LUMP SUM, SO AS TO PROVIDE THE INTEREST PAID MUST BE PAID AT A RATE NOT LESS THAN THE CURRENT RATE INTEREST PAID ON DEATH PROCEEDS LEFT ON DEPOSIT WITH THE INSURER; AND TO AMEND SECTION 38-65-120, RELATING TO PAYMENT OF GROUP LIFE INSURANCE POLICY BENEFIT PROCEEDS IN A LUMP SUM, SO AS TO CLARIFY THE REQUIREMENTS FOR CLAIMS SUBMISSIONS, AND TO PROVIDE INTEREST PAID ON LUMP SUM PAYMENTS MUST BE PAID AT A RATE NOT LESS THAN THE CURRENT RATE OF INTEREST PAID ON DEATH PROCEEDS LEFT ON DEPOSIT WITH THE INSURER.
Rep. SANDIFER moved to adjourn debate on the Bill until Wednesday, June 1, which was agreed to.
The following Bill was taken up:
H. 5368 (Word version) -- Rep. W. J. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 2 SO AS TO ALLOW TESTIMONY GIVEN TO A COMMITTEE OR SUBCOMMITTEE OF THE GENERAL ASSEMBLY TO BE UNDER OATH AND TO CREATE THE OFFENSE OF CONTEMPT OF THE GENERAL ASSEMBLY AND PROVIDE PENALTIES FOR VIOLATIONS.
Rep. W. J. MCLEOD moved to commit the Bill to the Committee on Judiciary, which was agreed to.
The SPEAKER granted Rep. GOVAN a leave of absence for the remainder of the day.
The following Bill was taken up:
S. 21 (Word version) -- Senators Grooms and Campbell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-222 SO AS TO EXPAND VISION STANDARDS AND TRAINING REQUIREMENTS TO ALLOW CERTAIN PERSONS WHO WEAR BIOPTIC TELESCOPIC LENSES FOR VISION ASSISTANCE TO OBTAIN A DRIVER'S LICENSE.
Rep. DANING spoke in favor of the Bill.
Rep. DANING moved to adjourn debate on the Bill until Wednesday, June 1, which was agreed to.
The following Joint Resolution was taken up:
H. 5366 (Word version) -- Reps. Goldfinch, Clemmons and Hardee: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY AND DETERMINE WHETHER THE SAMWORTH WILDLIFE MANAGEMENT AREA SHOULD BE REDESIGNATED AS A CATEGORY 2 WATERFOWL AREA, TO PROVIDE FOR MEMBERSHIP OF THE STUDY COMMITTEE AND METHOD OF APPOINTMENT OF ITS MEMBERS, AND TO REQUIRE THE
STUDY COMMITTEE TO PREPARE A REPORT WITH FINDINGS AND RECOMMENDATIONS FOR THE GENERAL ASSEMBLY.
Rep. HARDEE moved to recommit the Joint Resolution to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.
The following Bill was taken up:
S. 484 (Word version) -- Senators Shealy, Jackson, Cleary and Rankin: A BILL TO AMEND SECTION 59-10-310 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF ELEMENTARY SCHOOL FOOD SERVICE MEALS AND COMPETITIVE FOOD REQUIREMENTS, TO PROVIDE THAT ALL SCHOOL SERVICE MEALS AND COMPETITIVE FOODS PROVIDED IN KINDERGARTEN THROUGH TWELFTH GRADE DURING THE ACADEMIC SCHOOL YEAR MUST MEET OR MAY EXCEED THE NUTRITIONAL REQUIREMENTS ESTABLISHED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE FOOD AND NUTRITION SERVICE, TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY ADOPT A MORE RESTRICTIVE POLICY AND THE POLICY DOES NOT RESTRICT THE FOOD A PARENT OR GUARDIAN MAY PROVIDE FOR STUDENT CONSUMPTION AT SCHOOL, AND TO PROVIDE THAT ALL A LA CARTE ITEMS SOLD FOR STUDENT CONSUMPTION MUST BE INCLUDED ON SCHOOL MENUS IN ADDITION TO THE REGULAR MEAL; TO AMEND SECTION 59-10-330(B), RELATING TO THE COORDINATED SCHOOL HEALTH ADVISORY COUNCIL AND THE DEVELOPMENT OF HEALTH WELLNESS PLANS, TO PROVIDE THAT THE SCHOOL HEALTH IMPROVEMENT PLAN MUST REPORT COMPLIANCE WITH THE REQUIREMENTS CONTAINED IN SECTION 59-10-310.
Rep. STRINGER proposed the following Amendment No. 2 to S. 484 (COUNCIL\AGM\484C003.AGM.AB16):
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Article 7, Chapter 63, Title 59 of the 1976 Code is amended by adding:
"Section 59-63-785. Beginning with the 2017-2018 school year, students determined eligible to receive free lunches and students determined eligible to receive reduced price lunches must be offered the same choice of meals and milk offered to children who pay the full price for their meals or milk, regardless of whether one lunch or type of milk offered meets the requirements prescribed in the National School Lunch Program, found in 7 C.F.R. Part 210, and the Special Milk Program for Children, found in C.F.R. Part 215. Students eligible to receive free or reduces priced lunches may not be denied a meal or provided an alternative meal if they owe the school for meals."
SECTION 2. Section 59-10-310 of the 1976 Code is amended to read:
"Section 59-10-310. (A) In an effort to promote optimal healthy eating patterns and academic success, the State Board of Education by policy shall establish requirements for elementary school food service meals and competitive foods based upon the recommendations outlined in the State Department of Education Task Force on Student Nutrition and Physical Activity Report, National School Lunch Act, and the most recent applicable Dietary Guidelines for Americans all school food service meals and competitive foods provided in kindergarten through twelfth grade during the academic school year, which must meet or may exceed, the nutritional requirements established by the United States Department of Agriculture Food and Nutrition Service. The nutritional requirements must be continuously updated to reflect the current United States Department of Agriculture Food and Nutrition Service standards. A school district board of trustees may adopt a more restrictive policy. A school or district shall not restrict the food that a parent or guardian may provide for student consumption at school.
(B) School fundraisers must be exempted from the requirements in this section; however, nothing in this section shall restrict or prohibit the department from establishing policy with regard to school fundraisers, as authorized by the United States Department of Agriculture."
SECTION 3. Section 59-10-330(B) of the 1976 Code is amended to read:
"Section 59-10-330. (B) Each district, in collaboration with the CSHAC, shall develop a school health improvement plan that addresses strategies for improving student nutrition, health, and physical activity and includes the district's wellness policy. The school health improvement plan must report compliance with the requirements contained in Section 59-10-310. The district health improvement plan goals and progress toward those goals must be included in the district's strategic plan required pursuant to Section 59-20-60."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. STRINGER explained the amendment.
Rep. HILL raised the Point of Order that under Rule 9.3 that Amendment No. 2 to S. 484 was out of order in that it was not germane to the Bill.
Rep. STRINGER spoke against the Point.
ACTING SPEAKER BINGHAM overruled the Point of Order and ruled Amendment No. 2 to be germane to the Bill.
Rep. STRINGER continued speaking.
Rep. HILL moved to divide the question.
Rep. RUTHERFORD moved to table the motion to divide the question, which was agreed to by a division vote of 50-15.
Rep. STRINGER spoke in favor of the amendment.
Further proceedings were interrupted by the SPEAKER addressing the House.
Pursuant to House Rule 1.6, the SPEAKER addresses the body concerning a matter of importance to the House.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment 2:
S. 484 (Word version) -- Senators Shealy, Jackson, Cleary and Rankin: A BILL TO AMEND SECTION 59-10-310 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF ELEMENTARY SCHOOL FOOD SERVICE MEALS AND COMPETITIVE FOOD REQUIREMENTS, TO PROVIDE THAT ALL SCHOOL SERVICE MEALS AND COMPETITIVE FOODS PROVIDED IN KINDERGARTEN THROUGH TWELFTH GRADE DURING THE ACADEMIC SCHOOL YEAR MUST MEET OR MAY EXCEED THE NUTRITIONAL REQUIREMENTS ESTABLISHED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE FOOD AND NUTRITION SERVICE, TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY ADOPT A MORE RESTRICTIVE POLICY AND THE POLICY DOES NOT RESTRICT THE FOOD A PARENT OR GUARDIAN MAY PROVIDE FOR STUDENT CONSUMPTION AT SCHOOL, AND TO PROVIDE THAT ALL A LA CARTE ITEMS SOLD FOR STUDENT CONSUMPTION MUST BE INCLUDED ON SCHOOL MENUS IN ADDITION TO THE REGULAR MEAL; TO AMEND SECTION 59-10-330(B), RELATING TO THE COORDINATED SCHOOL HEALTH ADVISORY COUNCIL AND THE DEVELOPMENT OF HEALTH WELLNESS PLANS, TO PROVIDE THAT THE SCHOOL HEALTH IMPROVEMENT PLAN MUST REPORT COMPLIANCE WITH THE REQUIREMENTS CONTAINED IN SECTION 59-10-310.
Rep. STRINGER proposed the following Amendment No. 2 to S. 484 (COUNCIL\AGM\484C003.AGM.AB16), which was tabled:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Article 7, Chapter 63, Title 59 of the 1976 Code is amended by adding:
"Section 59-63-785. Beginning with the 2017-2018 school year, students determined eligible to receive free lunches and students determined eligible to receive reduced price lunches must be offered the same choice of meals and milk offered to children who pay the full price for their meals or milk, regardless of whether one lunch or type of milk offered meets the requirements prescribed in the National School Lunch Program, found in 7 C.F.R. Part 210, and the Special Milk Program for Children, found in C.F.R. Part 215. Students eligible to receive free or reduces priced lunches may not be denied a meal or provided an alternative meal if they owe the school for meals."
SECTION 2. Section 59-10-310 of the 1976 Code is amended to read:
"Section 59-10-310. (A) In an effort to promote optimal healthy eating patterns and academic success, the State Board of Education by policy shall establish requirements for elementary school food service meals and competitive foods based upon the recommendations outlined in the State Department of Education Task Force on Student Nutrition and Physical Activity Report, National School Lunch Act, and the most recent applicable Dietary Guidelines for Americans all school food service meals and competitive foods provided in kindergarten through twelfth grade during the academic school year, which must meet or may exceed, the nutritional requirements established by the United States Department of Agriculture Food and Nutrition Service. The nutritional requirements must be continuously updated to reflect the current United States Department of Agriculture Food and Nutrition Service standards. A school district board of trustees may adopt a more restrictive policy. A school or district shall not restrict the food that a parent or guardian may provide for student consumption at school.
(B) School fundraisers must be exempted from the requirements in this section; however, nothing in this section shall restrict or prohibit the department from establishing policy with regard to school fundraisers, as authorized by the United States Department of Agriculture."
SECTION 3. Section 59-10-330(B) of the 1976 Code is amended to read:
"Section 59-10-330. (B) Each district, in collaboration with the CSHAC, shall develop a school health improvement plan that addresses strategies for improving student nutrition, health, and physical activity and includes the district's wellness policy. The school health improvement plan must report compliance with the requirements contained in Section 59-10-310. The district health improvement plan goals and progress toward those goals must be included in the district's strategic plan required pursuant to Section 59-20-60."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. ATWATER spoke against the amendment.
Rep. HAYES moved to table the amendment.
Rep. STRINGER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anthony Atwater Bales Bingham Bowers Burns Clary Clemmons Cole H. A. Crawford Crosby Daning Delleney Duckworth Erickson Felder Forrester Fry Funderburk Gagnon George Hardee Hayes Henderson Hicks Hiott Jefferson Johnson Jordan Kennedy Kirby Loftis Lowe McCoy W. J. McLeod D. C. Moss V. S. Moss Murphy Newton Norman Norrell Pitts Quinn Ridgeway Riley Ryhal Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Thayer Tinkler Toole Weeks White Whitmire Williams Yow
Those who voted in the negative are:
Anderson Bannister Bedingfield Bradley R. L. Brown Clyburn Cobb-Hunter Collins Dillard Douglas Finlay Gilliard Govan Henegan Hill Hixon Hodges Hosey King Knight Mack McEachern M. S. McLeod Nanney Neal Ott Parks Rivers Robinson-Simpson Rutherford J. E. Smith Stringer Taylor Whipper Willis
So, the amendment was tabled.
The Committee on Education and Public Works proposed the following Amendment No. 1 to S. 484 (COUNCIL\AGM\484C002. AGM.AB16), which was tabled:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Article 7, Chapter 63, Title 59 of the 1976 Code is amended by adding:
"Section 59-63-785. Students determined eligible to receive free lunches and students determined eligible to receive reduced price lunches must be offered the same choice of meals and milk offered to children who pay the full price for their meals or milk, regardless of whether one lunch or type of milk offered meets the requirements prescribed in the National School Lunch Program, found in 7 C.F.R. Part 210, and the Special Milk Program for Children, found in C.F.R. Part 215. Students eligible to receive free or reduces priced lunches may not be denied a meal or provided an alternative meal if they owe the school for meals."
SECTION 2. Section 59-10-310 of the 1976 Code is amended to read:
"Section 59-10-310. (A) In an effort to promote optimal healthy eating patterns and academic success, the State Board of Education by policy shall establish requirements for elementary school food service meals and competitive foods based upon the recommendations outlined in the State Department of Education Task Force on Student Nutrition and Physical Activity Report, National School Lunch Act, and the most recent applicable Dietary Guidelines for Americans all school food service meals and competitive foods provided in kindergarten through twelfth grade during the academic school year, which must meet or may exceed, the nutritional requirements established by the United States Department of Agriculture Food and Nutrition Service. The nutritional requirements must be continuously updated to reflect the current United States Department of Agriculture Food and Nutrition Service standards. A school district board of trustees may adopt a more restrictive policy. A school or district shall not restrict the food that a parent or guardian may provide for student consumption at school.
(B) School fundraisers must be exempted from the requirements in this section; however, nothing in this section shall restrict or prohibit the department from establishing policy with regard to school fundraisers, as authorized by the United States Department of Agriculture."
SECTION 3. Section 59-10-330(B) of the 1976 Code is amended to read:
"Section 59-10-330. (B) Each district, in collaboration with the CSHAC, shall develop a school health improvement plan that addresses strategies for improving student nutrition, health, and physical activity and includes the district's wellness policy. The school health improvement plan must report compliance with the requirements contained in Section 59-10-310. The district health improvement plan goals and progress toward those goals must be included in the district's strategic plan required pursuant to Section 59-20-60."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. STRINGER moved to table the amendment, which was agreed to.
Rep. HILL moved to continue the Bill, which was not agreed to.
Rep. STRINGER explained the Bill.
Rep. ALLISON spoke in favor of the Bill.
Rep. HILL spoke against the Bill.
Rep. NEAL spoke in favor of the Bill.
Rep. WILLIAMS spoke in favor of the Bill.
Rep. KING spoke in favor of the Bill.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Atwater Bales Bamberg Bannister Bernstein Bingham Bowers Bradley R. L. Brown Clary Clyburn Cobb-Hunter Cole Collins Crosby Daning Dillard Douglas Erickson Felder Finlay Funderburk George Gilliard Govan Hart Hayes Henegan Herbkersman Hiott Hixon Hodges Hosey Howard Jefferson King Kirby Knight Loftis Long Mack McCoy McEachern M. S. McLeod W. J. McLeod V. S. Moss Murphy Neal Newton Ott Parks Pope Quinn Ridgeway Rivers Robinson-Simpson Rutherford Sandifer J. E. Smith Sottile Spires Stavrinakis Tallon Taylor Tinkler Toole Weeks Whipper Whitmire Williams Willis Yow
Those who voted in the negative are:
Bedingfield Burns Clemmons H. A. Crawford Delleney Duckworth Forrester Fry Gagnon Hardee Henderson Hicks Hill Johnson Jordan Kennedy Lowe D. C. Moss Nanney Norman Pitts Riley Ryhal Simrill G. M. Smith G. R. Smith Stringer Thayer White
So, the Bill was read the second time and ordered to third reading.
The SPEAKER PRO TEMPORE granted Rep. W. J. MCLEOD a leave of absence for the remainder of the day.
The following Bill was taken up:
S. 427 (Word version) -- Senators Hutto, Rankin, O'Dell and Williams: A BILL TO AMEND SECTION 12-6-3360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOBS TAX CREDIT, SO AS TO ALLOW A TAXPAYER OPERATING AN AGRICULTURAL PACKAGING OPERATION TO CLAIM THE CREDIT, TO ALLOW CERTAIN AGRICULTURAL OPERATIONS TO CLAIM SEASONAL WORKERS AS A CERTAIN FRACTION OF A FULL-TIME JOB, AND TO DEFINE AGRICULTURAL PACKAGING; TO AMEND SECTION 12-36-2120, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO EXEMPT MACHINES USED IN AGRICULTURAL PACKAGING; AND BY ADDING SECTION 13-1-780 SO AS TO REQUIRE THE DEPARTMENT OF COMMERCE AND THE COORDINATING COUNCIL TO CONSIDER AGRICULTURAL BUSINESSES IN AWARDING ECONOMIC DEVELOPMENT BENEFITS.
The Committee on Ways and Means proposed the following Amendment No. 1 to S. 427 (COUNCIL\BBM\427C002.BBM.DG16), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 12-6-3360(M)(13)(a) of the 1976 Code is amended to read:
"(a) an establishment engaged in an activity or activities listed under the North American Industry Classification System Manual (NAICS) Section 62, subsectors 621, 622, and 623, or Sector 4881, subsector 488190; or"
SECTION 2. This act takes effect upon approval by the Governor and applies to tax years beginning after 2015. /
Renumber sections to conform.
Amend title to conform.
Rep. LOFTIS spoke in favor of the amendment.
The amendment was then adopted.
Rep. G. M. SMITH proposed the following Amendment No. 3 to S. 427 (COUNCIL\BBM\427C005.BBM.DG16), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A. Section 12-6-1170 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:
"( )(1) Notwithstanding any other provision of this section, if a taxpayer claims a deduction pursuant to Section 12-6-1171, then the deduction allowed by this section must be reduced by the amount the taxpayer deducts pursuant to Section 12-6-1171; however, this subsection does not apply if the deduction claimed pursuant to Section 12-6-1171 is claimed by a surviving spouse.
(2) In the case of married taxpayers who file a joint federal income tax return, the reduction required by item (1) applies to each individual separately, so that the reduction only applies to the amount the individual claiming the deduction pursuant to Section 12-6-1171 otherwise could have claimed pursuant to this section if the individual had not filed a joint return."
B. Article 9, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-1171. (A)(1) An individual taxpayer who has military retirement income, each year may deduct an amount of his South Carolina earned income from South Carolina taxable income equal to the amount of military retirement income that is included in South Carolina taxable income, not to exceed seventeen thousand five hundred dollars. In the case of married taxpayers who file a joint federal income tax return, the deduction allowed by this section shall be calculated separately as though they had not filed a joint return, so that each individual's deduction is based on the same individual's retirement income and earned income. For purposes of this item, 'South Carolina earned income' has the same meaning as provided in Section 12-6-3330.
(2) Notwithstanding item (1), beginning in the year in which an individual taxpayer reaches age sixty-five, an individual taxpayer who has military retirement income may deduct up to thirty thousand dollars of military retirement income that is included in South Carolina taxable income.
(B) The term 'retirement income', as used in this section, means the total of all otherwise taxable income not subject to a penalty for premature distribution received by the taxpayer or the taxpayer's surviving spouse in a taxable year from a qualified military retirement plan. For purposes of a surviving spouse, 'retirement income' also includes a retirement benefit plan and dependent indemnity compensation related to the deceased spouse's military service.
(C) A surviving spouse receiving military retirement income that is attributable to the deceased spouse shall apply this deduction in the same manner that the deduction applied to the deceased spouse. If the surviving spouse also has another retirement income, an additional retirement exclusion is allowed.
(D) The department may require the taxpayer to provide information necessary for proper administration of this subsection."
C. This SECTION takes effect upon approval by the Governor and first applies to tax years beginning after 2015. /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
Rep. NORMAN raised the Point of Order that under Rule 9.3 that Amendment No. 3 to S. 427 was out of order in that it was not germane to the Bill.
Rep. G. M. SMITH spoke against the Point.
The SPEAKER PRO TEMPORE sustained the Point of Order and ruled the Amendment to be non-germane to the Bill.
Rep. OTT moved to adjourn debate on the Bill until Wednesday, June 1, which was agreed to.
The following Bill was taken up:
S. 267 (Word version) -- Senators Young, Campsen, Hembree, Bennett, Turner, Thurmond, Davis, Bright, Bryant, L. Martin, S. Martin, Hayes, Campbell and Grooms: A BILL TO AMEND SECTION 2-1-180 OF THE 1976 CODE, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE FIRST THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIRST, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.
The Committee on Judiciary proposed the following Amendment No. 1 to S. 267 (COUNCIL\MS\267C001.MS.AHB16), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 2-1-180 of the 1976 Code is amended to read:
"Section 2-1-180. (A) The regular annual session of the General Assembly shall adjourn sine die each year not later than 5:00 five o'clock p.m. on the first second Thursday in June May. In any year that the House of Representatives fails to give third reading to the annual General Appropriation Bill by March thirty-first, the date of sine die adjournment is extended by one statewide day for each statewide day after March thirty-first that the House of Representatives fails to give the bill third reading. The session may also be extended by concurrent resolution adopted by a two-thirds vote of both the Senate and House of Representatives. During the time between 5:00 p.m. on the first Thursday in June and the extended sine die adjournment date, as set forth herein, no legislation or other business may be considered except the General Appropriation Bill and any matters approved for consideration by a concurrent resolution adopted by two-thirds vote in both houses. Provided, either house of the General Assembly may convene at the call of the presiding officer until five o'clock on the first Thursday in June to consider only:
(1) receipt and consideration of gubernatorial vetoes;
(2) receipt and consideration of the general appropriations bill, the supplemental appropriations bill, the capital reserve fund Bill, and introduction, receipt, and consideration of a continuing resolution to fund the ordinary expenses of state government, if necessary, until the passage of the general appropriations bill, concurrence and nonconcurrence and amendments to these bills returned from the other house, and the appointment of members to conference and free conference committees and receipt, consideration, and disposition of conference and free conference reports on the matters identified in this item;
(3) introduction, receipt, and consideration of resolutions affecting sine die adjournment;
(4) receipt, consideration, and confirmation of appointments;
(5) introduction, receipt, and consideration of resolutions expressing sympathy or congratulations;
(6) receipt and consideration of local legislation which has the unanimous consent of the affected delegation;
(7) receipt, consideration, and disposition of conference and free conference reports on matters not provided for in item (2), for which a committee of conference has been appointed prior to five o'clock on the second Thursday in May; and
(8) convening of a joint assembly to conduct elections for offices or vacancies in any offices filled by election of the General Assembly.
(B) The regular session of the General Assembly shall stand adjourned sine die each year not later than five o'clock p.m. on the first Thursday in June.
(C) The sine die adjournment date may be extended by concurrent resolution adopted by a two-thirds vote of both the Senate and House of Representatives. Between five o'clock p.m. on the first Thursday in June and the extended sine die adjournment date, no legislation or other business may be considered except the general appropriations bill and matters approved for consideration by a concurrent resolution adopted by two-thirds vote in both houses."
SECTION 2. This act takes effect upon approval by the Governor and first applies for the next annual regular session of the General Assembly. /
Renumber sections to conform.
Amend title to conform.
Rep. BANNISTER explained the amendment.
The amendment was then adopted.
Rep. OTT proposed the following Amendment No. 2 to S. 267 (COUNCIL\GGS\267C001.GGS.ZW16), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 2-1-180 of the 1976 Code is amended to read:
"Section 2-1-180. The regular annual session of the General Assembly shall adjourn sine die each year not later than 5:00 p.m. on the first Thursday in June. With scheduling left to the discretion of the Speaker of the House of Representatives, the House shall take three weeks of furlough during the annual session. In any year that the House of Representatives fails to give third reading to the annual General Appropriation Bill by March thirty-first, the date of sine die adjournment is extended by one statewide day for each statewide day after March thirty-first that the House of Representatives fails to give the bill third reading. The session may also may be extended by concurrent resolution adopted by a two-thirds vote of both the Senate and House of Representatives. During the time between 5:00 p.m. on the first Thursday in June and the extended sine die adjournment date, as set forth herein, no legislation or other business may be considered except the General Appropriation Bill and any matters approved for consideration by a concurrent resolution adopted by two-thirds vote in both houses." /
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
Rep. RIVERS moved to table the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Atwater Ballentine Bannister Bedingfield Bingham Bradley Burns Clary Clemmons Cole Collins H. A. Crawford Crosby Delleney Duckworth Erickson Felder Finlay Forrester Fry Funderburk Gagnon Hardee Henderson Herbkersman Hicks Hill Hiott Hixon Hodges Huggins Johnson Jordan Kennedy Loftis Long Lowe Lucas McCoy D. C. Moss V. S. Moss Murphy Nanney Newton Norman Pitts Pope Quinn Riley Rivers Ryhal Sandifer G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole White Whitmire Willis Yow
Those who voted in the negative are:
Alexander Anderson Anthony Bales Bamberg Bernstein Bowers R. L. Brown Clyburn Cobb-Hunter Dillard Douglas George Gilliard Hart Hayes Henegan Hosey Howard Jefferson King Kirby Knight Mack McEachern M. S. McLeod Neal Norrell Ott Parks Ridgeway Robinson-Simpson Rutherford Tinkler Weeks Whipper Williams
So, the amendment was tabled.
The question then recurred to the passage of the Bill.
Rep. OTT spoke against the Bill.
Rep. OTT moved to table the Bill.
Rep. TAYLOR demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg R. L. Brown Douglas Gilliard Jefferson King Kirby Mack Neal Norrell Ott Ridgeway Robinson-Simpson Rutherford Tinkler Weeks Whipper Williams
Those who voted in the negative are:
Allison Anthony Atwater Bales Ballentine Bannister Bedingfield Bingham Bowers Bradley Burns Clary Clemmons Clyburn Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Duckworth Erickson Felder Finlay Forrester Fry Funderburk Gagnon George Hardee Hayes Henderson Herbkersman Hicks Hill Hiott Hixon Hodges Hosey Huggins Johnson Jordan Kennedy Loftis Long Lowe Lucas McCoy D. C. Moss V. S. Moss Murphy Nanney Newton Norman Parks Pitts Pope Quinn Riley Rivers Ryhal Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole White Whitmire Willis Yow
So, the House refused to table the Bill.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Atwater Bales Ballentine Bannister Bedingfield Bernstein Bingham Bradley R. L. Brown Burns Clary Clemmons Clyburn Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Fry Funderburk Gagnon George Hardee Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King Loftis Long Lowe Lucas McCoy McEachern D. C. Moss V. S. Moss Murphy Nanney Neal Newton Norman Norrell Parks Pitts Pope Quinn Riley Rivers Rutherford Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Weeks Whipper White Whitmire Willis Yow
Those who voted in the negative are:
Alexander Bamberg Bowers Gilliard Kirby Mack Ott Ridgeway Robinson-Simpson Williams
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 460 (Word version) -- Senator Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-370 SO AS TO PROVIDE THAT A COUNTY IN THIS STATE MAY ALLOW A TAXPAYER THE OPTION TO RECEIVE CERTAIN PROPERTY TAX BILLS AND RECEIPTS IN ELECTRONIC FORM, TO REQUIRE A PARTICIPATING COUNTY TO MAINTAIN PROOF THAT AN EMAIL WAS SENT TO A TAX PAYER, AND TO REQUIRE A PARTICIPATING COUNTY TO CREATE AN APPLICATION PROCESS AND TO PUBLISH THE APPLICATION PROCESS.
Rep. G. R. SMITH spoke in favor of the Bill.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Atwater Bales Ballentine Bamberg Bannister Bedingfield Bernstein Bingham Bowers Bradley R. L. Brown Burns Clary Clemmons Clyburn Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Funderburk Gagnon Gilliard Hardee Henderson Herbkersman Hicks Hill Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King Kirby Knight Loftis Long Lowe Lucas Mack McCoy McEachern D. C. Moss V. S. Moss Murphy Nanney Neal Newton Norman Norrell Ott Parks Pitts Pope Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Toole Weeks White Whitmire Williams Willis Yow
Those who voted in the negative are:
George Hayes
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 626 (Word version) -- Senators Gregory, Hayes and Reese: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT EIGHTY PERCENT OF THE FAIR MARKET VALUE OF A RENEWABLE ENERGY RESOURCE FOR A PERIOD OF TEN YEARS PROVIDED THE PROPERTY IS OPERATIONAL BY DECEMBER 31, 2020, AND TO EXEMPT A DISTRIBUTED RENEWABLE ENERGY GENERATION PROPERTY FOR RESIDENTIAL USE.
Rep. RYHAL moved to commit the Bill to the Committee on Labor, Commerce and Industry.
Rep. J. E. SMITH moved to table the motion.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Anthony Atwater Bales Ballentine Bamberg Bernstein Bingham Bowers R. L. Brown Clyburn Cobb-Hunter Delleney Douglas Erickson Fry Funderburk George Gilliard Hayes Henegan Herbkersman Hodges Hosey Huggins Jefferson Kennedy King Kirby Knight Mack McCoy McEachern D. C. Moss Murphy Newton Norrell Ott Parks Quinn Ridgeway Robinson-Simpson Rutherford Simrill G. M. Smith G. R. Smith J. E. Smith Spires Stavrinakis Tinkler Weeks Whipper Williams
Those who voted in the negative are:
Allison Bannister Bedingfield Bradley Burns Clary Clemmons Cole Collins H. A. Crawford Crosby Daning Duckworth Felder Forrester Gagnon Hardee Henderson Hicks Hiott Hixon Johnson Jordan Loftis Long Lowe Lucas V. S. Moss Nanney Norman Pitts Pope Riley Rivers Ryhal Sandifer Sottile Stringer Tallon Taylor Thayer Toole White Whitmire Willis Yow
So, the motion to commit the Bill was tabled.
The Committee on Ways and Means proposed the following Amendment No. 1 to S. 626 (COUNCIL\BBM\626C003.BBM.DG16), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. A. Section 12-37-220(B) of the 1976 Code, as last amended by Act 23 of 2015, is further amended by adding items at the end to read:
"(52) eighty percent of the fair market value of a renewable energy generation property required to be returned, pursuant to Section 12-37-970, or to be appraised and assessed pursuant to Section 12-4-540. For purposes of this item, 'renewable energy generation property' means property that generates electric power by the use of a renewable energy resource, as defined in Section 58-40-10(F). This exemption only applies for the ten consecutive property tax years after the facility becomes operational, provided, however, that the property became operational after property tax year 2012 and before property tax year 2021. For property that became operational in property tax year 2013 or 2014, this exemption applies for ten consecutive property tax years beginning in property tax year 2016 so long as the property was not subject to a fee-in-lieu agreement as of December 31, 2014, pursuant to Chapter 44 of the title, or Chapter 12 or 29 of Title 4. For property that became operational in property tax year 2013, 2014, or 2015, if the property was subject to a fee-in-lieu agreement as of December 31, 2015, pursuant to Chapter 44 of the title, or Chapter 12 or 29 of Title 4, then the property is eligible for the exemption so long as the taxpayer notifies the other parties to the agreement of such election no later than thirty days after the effective date of this item, and, upon the expiration of the exemption, at the taxpayer's discretion, the provisions of the applicable pre-existing agreement may apply. The exemption for property that became operational in property tax year 2013, 2014, or 2015 applies for ten consecutive property tax years beginning in 2016. This exemption applies only if the property does not meet the exemption of distributed renewable energy generation property for residential use provided by item (53). A taxpayer claiming an exemption allowed by this item also may not claim the exemption, pursuant to Section 12-37-220(A)(7) with respect to the renewable energy generation property;
(53) distributed renewable energy generation property for residential use. For purposes of this item, 'distributed renewable energy generation property' means property that generates electric power by the use of a renewable energy resource, as defined in Section 58-40-10(F), that has a nameplate capacity of no greater than twenty kilowatts."
B. This SECTION takes effect upon approval by the Governor and first applies to property tax years beginning after 2015.
SECTION 2. A. Section 12-6-3770(A) of the 1976 Code, as added by Act 134 of 2016, is amended to read:
"(A) A taxpayer who constructs, purchases, or leases solar energy property located on the Environmental Protection Agency's National Priority List, National Priority List Equivalent Sites, or on a list of related removal actions, as certified by the Department of Health and Environmental Control, or on property owned by the Pinewood Site Custodial Trust located in the State of South Carolina, and places it in service in this State during the taxable year, is allowed an income tax credit equal to twenty-five percent of the cost, including the cost of installation of the property. The credit is earned in the year in which the solar energy property is placed in service, but must be taken in five equal annual installments, beginning in the year in which the solar energy property is placed in service. Unused credit may be carried forward for five taxable years from the year in which the credit was able to be taken. A lessor shall give a taxpayer who leases solar energy property from him a statement that describes the solar energy property and states the cost of the property upon request. A credit is not allowed pursuant to this section to the extent the cost of the solar energy property is provided by public funds. For purposes of this section, 'public funds' does not include federal grants or tax credits."
B. This SECTION takes effect in income tax years beginning after 2015, and shall apply and terminate in the same manner as provided in Section 1.B. of Act 134 of 2016.
SECTION 3. Except where provided otherwise, this act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
Rep. G. M. SMITH spoke in favor of the amendment.
The amendment was then adopted.
Reps. G. M. SMITH and J. E. SMITH proposed the following Amendment No. 3 to S. 626 (COUNCIL\DKA\626C001.DKA.SA16), which was adopted:
Amend the committee report, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Section 12-37-220(B) of the 1976 Code, as last amended by Act 259 of 2014, is further amended by adding items at the end to read:
"(52) eighty percent of the fair market value of a renewable energy generation property required to be returned, pursuant to Section 12-37-970, or to be appraised and assessed pursuant to Section 12-4-540. For purposes of this item, 'renewable energy generation property' means property that generates electric power by the use of a renewable energy resource, as defined in Section 58-40-10(F). This exemption only applies for the ten consecutive property tax years after the facility becomes operational, provided, however, that the property became operational after property tax year 2012 and before property tax year 2021. For property that became operational in property tax year 2013 or 2014, this exemption applies for ten consecutive property tax years beginning in property tax year 2016 so long as the property was not subject to a fee-in-lieu agreement as of December 31, 2014, pursuant to Chapter 44 of the title, or Chapter 12 or 29 of Title 4. For property that became operational in property tax year 2015, if the property was subject to a fee-in-lieu agreement as of December 31, 2015, pursuant to Chapter 44 of the title, or Chapter 12 or 29 of Title 4, then the property is eligible for the exemption so long as the taxpayer notifies the other parties to the agreement of such election no later than thirty days after the effective date of this item, and, upon the expiration of the exemption, at the taxpayer's discretion, the provisions of the applicable pre-existing agreement may apply. This exemption applies only if the property does not meet the exemption of distributed renewable energy generation property for residential use provided by item (53). A taxpayer claiming an exemption allowed by this item also may not claim the exemption, pursuant to Section 12-37-220(A)(7);
(53) distributed renewable energy generation property for residential use. For purposes of this item, 'distributed renewable energy generation property' means property that generates electric power by the use of a renewable energy resource, as defined in Section 58-40-10(F), that has a nameplate capacity of no greater than twenty kilowatts." /
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
The amendment was then adopted.
Rep. FORRESTER proposed the following Amendment No. 4 to S. 626 (COUNCIL\DKA\626C003.DKA.SA16), which was tabled:
Amend the committee report, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. A. Section 12-37-220(B) of the 1976 Code, as last amended by Act 23 of 2015, is further amended by adding an item at the end to read:
"(52) distributed renewable energy generation property for residential use. For purposes of this item, 'distributed renewable energy generation property' means property that generates electric power by the use of a renewable energy resource, as defined in Section 58-40-10(F), that has a nameplate capacity of no greater than twenty kilowatts."
B. This section takes effect upon approval by the Governor and first applies to property tax years beginning after 2015. /
Renumber sections to conform.
Amend title to conform.
Rep. FORRESTER explained the amendment.
Rep. J. E. SMITH raised the Point of Order that under Rule 9.3 that Amendment No. 4 to S. 626 was out of order in that it was not germane to the Bill.
The SPEAKER PRO TEMPORE overruled the Point of Order and ruled that Amendment No. 4 was germane to the Bill.
Rep. FORRESTER continued speaking.
Rep. FORRESTER spoke in favor of the amendment.
Rep. RYHAL moved to adjourn debate on the Bill until Wednesday, June 1.
Rep. J. E. SMITH moved to table the motion.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Anthony Atwater Bales Ballentine Bamberg Bannister Bernstein Bingham Bowers Bradley R. L. Brown Burns Clary Cobb-Hunter Collins Delleney Dillard Douglas Erickson Funderburk George Hayes Henegan Herbkersman Hodges Hosey Howard Jefferson Johnson Kennedy King Kirby Knight Loftis Long Mack McCoy McEachern Neal Newton Norrell Ott Parks Pope Quinn Ridgeway Robinson-Simpson Rutherford G. M. Smith G. R. Smith J. E. Smith Spires Stavrinakis Tinkler Weeks Whipper Williams
Those who voted in the negative are:
Allison Bedingfield Clemmons Cole H. A. Crawford Crosby Daning Duckworth Felder Forrester Fry Gagnon Hardee Henderson Hicks Hill Hiott Hixon Huggins Jordan Lowe Lucas D. C. Moss V. S. Moss Nanney Norman Pitts Riley Rivers Ryhal Sandifer Simrill Sottile Stringer Tallon Taylor Thayer White Whitmire Willis Yow
So, the motion to adjourn debate was tabled.
Rep. J. E. SMITH spoke against the amendment.
Rep. J. E. SMITH moved to table the amendment.
Rep. FORRESTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Anthony Atwater Bales Ballentine Bamberg Bernstein Bingham Bowers Bradley R. L. Brown Burns Clary Cobb-Hunter Collins Daning Delleney Dillard Douglas Erickson Funderburk George Hayes Henegan Herbkersman Hodges Hosey Howard Huggins Jefferson Johnson Kennedy King Kirby Knight Loftis Mack McCoy McEachern McKnight D. C. Moss Neal Newton Norrell Ott Parks Pope Quinn Ridgeway Robinson-Simpson Rutherford Simrill G. M. Smith G. R. Smith J. E. Smith Spires Stavrinakis Tinkler Toole Weeks Whipper Williams
Those who voted in the negative are:
Allison Bannister Bedingfield Clemmons Cole H. A. Crawford Crosby Duckworth Felder Forrester Fry Gagnon Hardee Henderson Hicks Hill Hiott Hixon Jordan Long Lowe Lucas V. S. Moss Nanney Norman Pitts Riley Rivers Ryhal Sandifer Sottile Stringer Tallon Taylor Thayer White Whitmire Willis Yow
So, the amendment was tabled.
Rep. FORRESTER proposed the following Amendment No. 5 to S. 626 (COUNCIL\DKA\626C002.DKA.SA16), which was tabled:
Amend the committee report, as and if amended, item (52), as contained in Section 12-37-220(B), SECTION 1, by striking line 34 and inserting:
/ by the use of a renewable energy resource manufactured in the United States, and as defined in Section /
Renumber sections to conform.
Amend title to conform.
Rep. FORRESTER explained the amendment.
Rep. J. E. SMITH raised the Point of Order that under Rule 9.3 that Amendment No. 5 to S. 626 was out of order in that it was not germane to the Bill.
Rep. FORRESTER spoke to the Point.
The SPEAKER PRO TEMPORE overruled the Point of Order and ruled that Amendment No. 5 was germane to the Bill.
Rep. FORRESTER continued speaking.
Rep. J. E. SMITH moved to table the amendment.
Rep. FORRESTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Anthony Bales Ballentine Bamberg Bernstein Bowers Bradley R. L. Brown Burns Clary Cobb-Hunter Cole Collins Dillard Douglas Erickson Funderburk George Hayes Henegan Herbkersman Hodges Hosey Howard Jefferson Kennedy King Kirby Knight Loftis Mack McCoy McEachern McKnight D. C. Moss Neal Newton Norman Norrell Ott Parks Quinn Ridgeway Robinson-Simpson Rutherford G. M. Smith G. R. Smith J. E. Smith Stavrinakis Tinkler Weeks Whipper Williams
Those who voted in the negative are:
Allison Atwater Bannister Bedingfield Clemmons H. A. Crawford Crosby Daning Delleney Duckworth Felder Forrester Fry Gagnon Hardee Henderson Hicks Hill Hiott Huggins Johnson Jordan Long Lowe Lucas V. S. Moss Nanney Pitts Pope Riley Rivers Ryhal Sandifer Simrill Sottile Stringer Tallon Taylor Thayer Toole White Whitmire Willis Yow
So, the amendment was tabled.
Rep. COBB-HUNTER proposed the following Amendment No. 6 to S. 626 (COUNCIL\BBM\626C005.BBM.DG16), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 12-6-3460 of the 1976 Code is amended by adding an appropriately lettered subsection to read:
"( ) To be eligible to claim the credit allowed by this section, the taxpayer must agree to provide recycling receptacles, and associated recycling services, for use on the capitol complex."
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. COBB-HUNTER moved to table the amendment, which was agreed to.
The question then recurred to the passage of the Bill.
Rep. SANDIFER spoke against the Bill.
Rep. RYHAL spoke against the Bill.
The SPEAKER PRO TEMPORE granted Rep. ERICKSON a leave of absence for the remainder of the day.
Rep. RYHAL continued speaking.
Rep. WHITE spoke against the Bill.
Reps. WHITE, G. M. SMITH and SANDIFER proposed the following Amendment No. 7 to S. 626 (COUNCIL\BBM\626C006. BBM.DG16), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A. Section 12-6-1170 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:
"( )(1) Notwithstanding any other provision of this section, if a taxpayer claims a deduction pursuant to Section 12-6-1171, then the deduction allowed by this section must be reduced by the amount the taxpayer deducts pursuant to Section 12-6-1171; however, this subsection does not apply if the deduction claimed pursuant to Section 12-6-1171 is claimed by a surviving spouse.
(2) In the case of married taxpayers who file a joint federal income tax return, the reduction required by item (1) applies to each individual separately, so that the reduction only applies to the amount the individual claiming the deduction pursuant to Section 12-6-1171 otherwise could have claimed pursuant to this section if the individual had not filed a joint return."
B. Article 9, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-1171. (A)(1) An individual taxpayer who has military retirement income, each year may deduct an amount of his South Carolina earned income from South Carolina taxable income equal to the amount of military retirement income that is included in South Carolina taxable income, not to exceed seventeen thousand five hundred dollars. In the case of married taxpayers who file a joint federal income tax return, the deduction allowed by this section shall be calculated separately as though they had not filed a joint return, so that each individual's deduction is based on the same individual's retirement income and earned income. For purposes of this item, 'South Carolina earned income' has the same meaning as provided in Section 12-6-3330.
(2) Notwithstanding item (1), beginning in the year in which an individual taxpayer reaches age sixty-five, an individual taxpayer who has military retirement income may deduct up to thirty thousand dollars of military retirement income that is included in South Carolina taxable income.
(B) The term 'retirement income', as used in this section, means the total of all otherwise taxable income not subject to a penalty for premature distribution received by the taxpayer or the taxpayer's surviving spouse in a taxable year from a qualified military retirement plan. For purposes of a surviving spouse, 'retirement income' also includes a retirement benefit plan and dependent indemnity compensation related to the deceased spouse's military service.
(C) A surviving spouse receiving military retirement income that is attributable to the deceased spouse shall apply this deduction in the same manner that the deduction applied to the deceased spouse. If the surviving spouse also has another retirement income, an additional retirement exclusion is allowed.
(D) The department may require the taxpayer to provide information necessary for proper administration of this subsection."
C. This SECTION takes effect upon approval by the Governor and first applies to tax years beginning after 2015. /
Renumber sections to conform.
Amend title to conform.
Rep. WHITE explained the amendment.
Rep. J. E. SMITH raised the Point of Order that under Rule 9.3 that Amendment No. 7 to S. 626 was out of order in that it was not germane to the Bill. Rep. J. E. SMITH stated that the Bill dealt with property tax exemptions and other tax issues related to the production of solar power, but the Amendment dealt with persons who have military retirement income receiving income tax deductions.
Rep. WHITE spoke to the Point and stated that both Bills concerned income taxes.
The SPEAKER PRO TEMPORE sustained the Point of Order and ruled the Amendment to be non-germane to the Bill.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Anthony Atwater Bales Ballentine Bamberg Bernstein Bowers Bradley R. L. Brown Burns Clary Cobb-Hunter Collins Dillard Douglas Felder Funderburk George Hayes Henegan Hixon Hodges Hosey Howard Huggins Jefferson Kennedy King Kirby Knight Loftis Mack McCoy McEachern McKnight Neal Newton Norman Norrell Ott Parks Quinn Ridgeway Rivers Robinson-Simpson Rutherford G. M. Smith J. E. Smith Stavrinakis Tinkler Toole Williams
Those who voted in the negative are:
Allison Bedingfield Clemmons Cole H. A. Crawford Crosby Daning Duckworth Forrester Fry Gagnon Hardee Henderson Hicks Hill Hiott Johnson Jordan Long Lowe Lucas D. C. Moss V. S. Moss Nanney Pitts Riley Ryhal Sandifer Sottile Stringer Tallon Thayer White Whitmire Willis Yow
So, the Bill, as amended, was read the second time and ordered to third reading.
I attempted to cast my vote for S. 626, but my electronic vote didn't register. I would have voted against the Bill.
Rep. Bill Taylor
I attempted to vote on S. 626, from a remote location and there was a missed contact and my vote in favor of the Bill was not tabulated. I am available to answer any questions regarding this issue.
Rep. J. Seth Whipper
Rep. FELDER moved that the House recur to the morning hour, which was agreed to.
The following was received from the Senate:
Columbia, S.C., May 31, 2016
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 913:
S. 913 (Word version) -- Senators L. Martin, Davis, Hembree, Fair and Malloy: A BILL TO AMEND SECTION 30-4-50 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT, TO INCLUDE LAW ENFORCEMENT VEHICLE MOUNTED VIDEO AND AUDIO RECORDINGS IN THE LIST OF SPECIFIC CATEGORIES OF INFORMATION THAT IS TO BE MADE AVAILABLE TO THE PUBLIC, AND TO PROVIDE THAT LAW ENFORCEMENT MAY APPLY FOR INJUNCTIVE RELIEF FROM THE CIRCUIT COURT IF THERE IS CLEAR AND CONVINCING EVIDENCE OF SPECIFIC HARM FROM THE RELEASE OF THE RECORDING.
Very respectfully,
President
On motion of Rep. G. R. SMITH, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. NEWTON, TAYLOR and NORRELL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., May 31, 2016
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 5001:
H. 5001 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2016, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Very Respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 31, 2016
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 5002:
H. 5002 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2015-2016, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.
Very Respectfully,
President
Received as information.
The following was received from the Senate:
Columbia, S.C., May 31, 2016
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3186:
H. 3186 (Word version) -- Reps. Finlay, Cole, Anderson, Bales, G. A. Brown, R. L. Brown, Felder, Funderburk, Hart, Knight, Lucas, Murphy, Newton, Norman, Norrell, Pope, Putnam, Rivers, Southard, Spires, Tallon, Taylor, Wells, Williams, Willis, Long, Henderson, G. R. Smith, G. M. Smith, McCoy, Clary, J. E. Smith, W. J. McLeod, Weeks, Whipper, Hicks, Atwater, Ballentine and Stavrinakis: A BILL TO AMEND SECTION 8-13-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO ETHICS AND GOVERNMENT ACCOUNTABILITY, SO AS TO REVISE THE DEFINITION OF "BUSINESS WITH WHICH HE IS ASSOCIATED"; AND TO AMEND SECTION 8-13-1120, AS AMENDED, RELATING TO CONTENTS OF STATEMENTS OF ECONOMIC INTERESTS, SO AS TO REVISE THE FORM AND REQUIRED CONTENTS OF STATEMENTS OF ECONOMIC INTERESTS.
Very respectfully,
President
On motion of Rep. COLLINS, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. FINLAY, G. M. SMITH and BERNSTEIN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5441 (Word version) -- Rep. Crosby: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF PIMLICO BOULEVARD IN BERKELEY COUNTY FROM ITS INTERSECTION WITH CYPRESS GARDENS ROAD TO ITS INTERSECTION WITH LIVE OAKS AVENUE "GLENN A. RHOAD MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THIS DESIGNATION.
Ordered for consideration tomorrow.
Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5440 (Word version) -- Reps. Loftis and Dillard: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE SALUDA RIVER ALONG SOUTH CAROLINA HIGHWAY 183 IN THE COUNTY OF GREENVILLE "FIRST LIEUTENANT DOUGLAS MACARTHUR MCCRARY MEMORIAL BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE CONTAINING THIS DESIGNATION.
Ordered for consideration tomorrow.
Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1341 (Word version) -- Senator Malloy: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME SOUTH CAROLINA HIGHWAY 34 FROM THE BISHOPVILLE CITY LIMITS TO THE LEE COUNTY/KERSHAW COUNTY LINE AS "GOVERNOR MCLEOD HIGHWAY" IN HONOR OF FORMER GOVERNOR THOMAS GORDON MCLEOD, AND ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.
Ordered for consideration tomorrow.
The following was introduced:
H. 5443 (Word version) -- Rep. W. J. McLeod: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR ANN G. OWENS FOR HER STEADFAST SUPPORT AND CREATIVE CONTRIBUTIONS AS THE CAMPAIGN MANAGER FOR REPRESENTATIVE WALT MCLEOD'S SUCCESSFUL CAMPAIGNS FOR ELECTION TO THE HOUSE OF REPRESENTATIVES.
The Resolution was adopted.
The following was introduced:
H. 5444 (Word version) -- Rep. W. J. McLeod: A HOUSE RESOLUTION TO RECOGNIZE AND EXPRESS APPRECIATION TO SAM O. MARTIN, JR., FOR HIS SUPPORT AND CONTRIBUTIONS TO REPRESENTATIVE WALT MCLEOD IN PROVIDING HIGH QUALITY CONSTITUENT SERVICE DURING HIS TWENTY YEARS AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
The Resolution was adopted.
The following was introduced:
H. 5445 (Word version) -- Rep. W. J. McLeod: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR ROSEMARY S. STUCK FOR HER STEADFAST SUPPORT AND CREATIVE CONTRIBUTIONS AS THE LEGISLATIVE AIDE TO REPRESENTATIVE WALT MCLEOD IN THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
The Resolution was adopted.
The following was introduced:
H. 5446 (Word version) -- Rep. W. J. McLeod: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR JOYCE M. GRIMES FOR HER STEADFAST SUPPORT AND CREATIVE CONTRIBUTIONS AS THE LEGISLATIVE AIDE TO REPRESENTATIVE WALT MCLEOD IN THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
The Resolution was adopted.
The following was introduced:
H. 5447 (Word version) -- Rep. Simrill: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE WHITE HORSE IN ROCK HILL AND TO CONGRATULATE THE OWNER, MARSHA PURSLEY, AND THE LOYAL STAFF AND CUSTOMERS FOR FORTY YEARS OF OUTSTANDING AND DISTINCTIVE SERVICE AND CAMARADERIE WITH THE COMMUNITY.
The Resolution was adopted.
The following was introduced:
H. 5448 (Word version) -- Reps. Ott, 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, 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, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE CALHOUN ACADEMY VARSITY BASEBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM FOR CAPTURING THE 2016 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AA STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 5449 (Word version) -- Reps. Atwater, Alexander, Allison, Anderson, Anthony, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, 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, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF DR. KENNETH LEE DEHART, JR., OF MYRTLE BEACH AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 5450 (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, 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, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR RITA LITTLES SCOTT, VICE PRESIDENT AND GENERAL MANAGER OF WCSC-TV5 IN CHARLESTON, FOR HER MANY YEARS OF OUTSTANDING SERVICE, AND TO WISH HER CONTINUED SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5451 (Word version) -- Reps. Henegan, 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, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, 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, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO CONGRATULATE LULA MAE BILLINGS WOODS OF MARLBORO COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MANY YEARS OF CONTINUED HEALTH AND HAPPINESS.
The Resolution was adopted.
The following was introduced:
H. 5452 (Word version) -- Rep. W. J. McLeod: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND NANCY CAVE, NORTH COAST OFFICE DIRECTOR OF THE COASTAL CONSERVATION LEAGUE, FOR FIFTEEN YEARS OF SERVICE TO IMPROVING WATER AND AIR QUALITY, WILDLIFE ABUNDANCE, AND THE QUALITY OF LIFE IN COMMUNITIES ALONG THE SOUTH CAROLINA COAST, AND TO WISH HER CONTINUED SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5453 (Word version) -- Reps. Allison, Alexander, 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, 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, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO CONGRATULATE THE MISS SOUTH CAROLINA SCHOLARSHIP ORGANIZATION, INC., ON CROWNING THE EIGHTIETH MISS SOUTH CAROLINA IN 2016 AND TO THANK THE ORGANIZATION FOR ITS MANY YEARS OF OFFERING THE YOUNG WOMEN OF SOUTH CAROLINA OPPORTUNITIES IN LEADERSHIP, EDUCATION, AND SERVICE.
The Resolution was adopted.
The following was introduced:
H. 5454 (Word version) -- Reps. Bernstein and J. E. Smith: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE JOEL LOURIE FOR HIS TWELVE YEARS OF COMMITTED SERVICE TO THE CITIZENS OF SENATE DISTRICT 22 IN KERSHAW AND RICHLAND COUNTIES AND SIX YEARS OF COMMITTED SERVICE TO THE CITIZENS OF HOUSE DISTRICT 78 IN
RICHLAND COUNTY AND TO WISH HIM CONTENTMENT AND SUCCESS IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5455 (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, 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, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE THE COLUMBIA COLLEGE WOMEN IN LEADERSHIP IN SOUTH CAROLINA COURSE FOR ITS CONTRIBUTION TO THE SUPPORT, ENCOURAGEMENT, AND DEVELOPMENT OF WOMEN IN LEADERSHIP IN THE PALMETTO STATE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1350 (Word version) -- Senators Malloy and S. Martin: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE GENERAL ASSEMBLY THAT NASCAR RACING IS AN INTEGRAL AND VITAL PART OF THE STATE OF SOUTH CAROLINA AND ITS ECONOMY AND TO RECOGNIZE THE DARLINGTON RACEWAY AS ONE OF OUR STATE'S MOST TREASURED ATTRACTIONS, AS WELL AS TO IDENTIFY SOUTH CAROLINA'S RICH NASCAR HISTORY IN THE STATE OF SOUTH CAROLINA AND TO NAME THE WEEK OF AUGUST 29, 2016, THROUGH SEPTEMBER 5, 2016, AS "DARLINGTON RACEWAY WEEK - A WEEK TOO TOUGH TO TAME IN SOUTH CAROLINA".
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1356 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MS. NANCY CAVE, NORTH COAST OFFICE DIRECTOR OF THE COASTAL CONSERVATION LEAGUE, FOR HER FIFTEEN YEARS OF SERVICE THAT HAVE CONTRIBUTED TO IMPROVING WATER AND AIR QUALITY, WILDLIFE ABUNDANCE, AND THE QUALITY OF LIFE IN COMMUNITIES ALONG THE SOUTH CAROLINA COAST, AND TO WISH HER MUCH SUCCESS IN ALL HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4765 (Word version) -- Reps. G. R. Smith, Parks, D. C. Moss, Cobb-Hunter, Jefferson, Duckworth, Daning, Kirby, R. L. Brown, Burns, Douglas, Brannon, Anthony, Mitchell, Ridgeway, Robinson-Simpson, Clyburn, Ryhal, Johnson, Yow, G. A. Brown, Riley, Taylor, Limehouse, Williams, Simrill, Bedingfield, Chumley, Dillard, Herbkersman, Hicks, Hill, Loftis, Long, V. S. Moss, Pope, Rivers, Thayer, Wells, Crosby and King: A BILL TO AMEND SECTION 12-6-5060, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOLUNTARY CONTRIBUTIONS MADE BY AN INDIVIDUAL BY MEANS OF THE INCOME TAX RETURN CHECK OFF, SO AS TO ADD HABITAT FOR HUMANITY.
Rep. G. R. SMITH proposed the following Amendment No. 1A to H. 4765 (COUNCIL\GGS\4765C001.GGS.ZW16), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 12-6-5060(A) of the 1976 Code is amended to read:
"(A) Each taxpayer required to file a state individual income tax return may contribute to the War Between the States Heritage Trust Fund established pursuant to Section 51-18-115, the Nongame Wildlife and Natural Areas Program Fund established pursuant to Section 50-1-280, the Children's Trust Fund of South Carolina established pursuant to Section 63-11-910, the Eldercare Trust Fund of South Carolina established pursuant to Section 43-21-160, or the First Steps to School Readiness Fund established pursuant to Section 63-11-1750, the South Carolina Military Family Relief Fund established pursuant to Article 3, Chapter 11, Title 25, the Donate Life South Carolina established pursuant to Section 44-43-1310, the Veterans' Trust Fund of South Carolina established pursuant to Chapter 21, of Title 25, the South Carolina Litter Control Enforcement Program (SCLCEP) and used by the Governor's Task Force on Litter only for the SCLCEP Program, the South Carolina Law Enforcement Assistance Program (SCLEAP) and used as provided in Section 23-3-65, the South Carolina Department of Parks, Recreation and Tourism for use in the South Carolina State Park Service in the manner the General Assembly provides, the South Carolina Forestry Commission for use in the state forest system, the South Carolina Department of Natural Resources for use in its programs and operations, K-12 public education for use in the manner the General Assembly provides by law, South Carolina Conservation Bank Trust Fund established pursuant to Section 48-59-60, or the Financial Literacy Trust Fund as established pursuant to Section 59-29-510, or the South Carolina Association of Habitat for Humanity Affiliates, by designating the contribution on the return. The contribution may be made by reducing the income tax refund or by remitting additional payment by the amount designated."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. G. R. SMITH explained the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anthony Atwater Bales Ballentine Bamberg Bedingfield Bernstein Bradley Clary Clemmons Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Felder Finlay Forrester Fry Funderburk Gagnon George Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King Kirby Knight Loftis Lowe Lucas Mack McCoy McEachern McKnight V. S. Moss Nanney Neal Newton Norman Norrell Ott Parks Pope Quinn Ridgeway Riley Rivers Robinson-Simpson Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Stavrinakis Stringer Tallon Taylor Tinkler Toole White Whitmire Williams Yow
Those who voted in the negative are:
The amendment was then adopted.
The Senate Amendments were amended, and the Bill was ordered returned to the Senate.
The Senate Amendments to the following Bill were taken up for consideration:
H. 5299 (Word version) -- Reps. G. M. Smith, J. E. Smith, Herbkersman, Huggins, Merrill, Anderson, Spires, McCoy, Limehouse, Collins, Stavrinakis, Bernstein, Riley, Bannister, Finlay, Weeks, Bingham, Rutherford, Kennedy, Newton, Horne, Cole, Jefferson, Williams and R. L. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-1-445 SO AS TO GIVE THE GOVERNOR AUTHORITY IN TIMES OF EMERGENCY TO MAKE CERTAIN ACCOMMODATIONS FOR A PERSON TRANSPORTING GOODS, AND TO PROVIDE FOR A CERTIFICATION SYSTEM.
Rep. G. M. SMITH explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anthony Atwater Bales Ballentine Bamberg Bedingfield Bernstein Bradley Burns Clary Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Felder Finlay Forrester Fry Funderburk Gagnon George Hayes Henderson Henegan Herbkersman Hicks Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King Kirby Knight Loftis Lowe Lucas Mack McCoy McEachern McKnight V. S. Moss Nanney Neal Newton Norrell Ott Parks Pope Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Stavrinakis Stringer Tallon Taylor Tinkler Toole Whipper Williams 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.
Rep. KIRBY moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 5439 (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, 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, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO CELEBRATE THE LAURENCE MANNING ACADEMY GIRLS SOFTBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR THEIR STELLAR SEASON AND TO CONGRATULATE THEM ON CAPTURING THE 2016 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION (SCISA) CLASS AAA STATE CHAMPIONSHIP.
H. 5438 (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, 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, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE LAURENCE MANNING ACADEMY VARSITY BASEBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2016 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE CHAMPIONSHIP TITLE.
At 8:15 p.m. the House, in accordance with the motion of Rep. J. E. SMITH, adjourned in memory of JW Childers, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Wednesday, November 23, 2016 at 2:35 P.M.