The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 19:7: "The law of the Lord is perfect, reviving the soul; the decrees of the Lord are sure, making wise the simple;"
Let us pray. Mighty God, gracious Father, guard and guide these Representatives to recognize the law of God that is given to us for our understanding and trust. Keep us safe and in Your presence. Move us to do Your will. Bless our Nation, President, State, Governor, Speaker, staff, and all who contribute to the good of this State. 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 yesterday, the SPEAKER ordered it confirmed.
Rep. M. S. MCLEOD moved that when the House adjourns, it adjourn in memory of Deanndra Roach, which was agreed to.
The House stood in silent prayer for the family of Deanndra Roach.
The following was received:
Columbia, S.C., February 3, 2016
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference on the following Bill, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:
S. 255 (Word version) -- Senator Thurmond: A BILL TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF ARREST AND BOOKING RECORDS, SO AS TO PROVIDE THAT A PERSON OR ENTITY WHO PUBLISHES ON THE PERSON OR ENTITY'S WEBSITE THE ARREST AND BOOKING RECORDS OF A PERSON WHOSE CHARGES HAVE BEEN DISCHARGED OR DISMISSED, OR OF A PERSON WHO IS FOUND NOT GUILTY OF A CHARGE, SHALL, WITHOUT FEE OR COMPENSATION, REMOVE THE ARREST AND BOOKING RECORDS WITHIN THIRTY DAYS OF A WRITTEN REQUEST, AND TO PROVIDE THE PENALTIES FOR A PERSON OR ENTITY WHO FAILS TO REMOVE THE ARREST AND BOOKING RECORDS.
Very respectfully,
President
Received as information.
Rep. ALLISON, from the Committee on Education and Public Works, submitted a favorable report on:
H. 3420 (Word version) -- Reps. Crosby, Daning, Sottile, Mack, Gilliard, Yow, Williams, Stavrinakis, Whipper, Jefferson, R. L. Brown, Goldfinch and Sandifer: A BILL TO AMEND SECTION 59-39-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF HIGH SCHOOL DIPLOMAS TO CERTAIN VETERANS OF THE UNITED STATES MILITARY, SO AS TO INCLUDE VETERANS OF THE ERAS ENCOMPASSING THE KOREAN WAR AND VIETNAM WAR.
Ordered for consideration tomorrow.
Rep. ALLISON, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 4515 (Word version) -- Reps. Daning, V. S. Moss, Clyburn and Hosey: A BILL TO AMEND SECTION 59-112-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNDERGRADUATE IN-STATE TUITION FOR PEOPLE ENTITLED TO CERTAIN FEDERAL EDUCATIONAL ASSISTANCE AS THE CHILDREN OF MEMBERS OF THE UNITED STATES MILITARY WHO DIED IN ACTIVE DUTY SERVICE AFTER SEPTEMBER 11, 2001, AND FOR PEOPLE ENTITLED AS THE SPOUSAL OR CHILDREN DEPENDENTS OF VETERANS TO RECEIVE CERTAIN UNUSED FEDERAL EDUCATIONAL ASSISTANCE TRANSFERRED FROM VETERANS, SO AS TO PROVIDE THEY ARE NOT SUBJECT TO A THREE-YEAR POST-DISCHARGE ENROLLMENT TIME LIMIT.
Ordered for consideration tomorrow.
Rep. ALLISON, from the Committee on Education and Public Works, submitted a favorable report on:
H. 4639 (Word version) -- Reps. Allison and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-47 SO AS TO PROVIDE THE COMMISSION ON HIGHER EDUCATION MAY ENTER INTERSTATE RECIPROCITY AGREEMENTS THAT AUTHORIZE ACCREDITED DEGREE-GRANTING INSTITUTIONS OF HIGHER EDUCATION IN THIS STATE TO OFFER POSTSECONDARY DISTANCE EDUCATION IN A CERTAIN MANNER, TO PROVIDE RELATED POWERS AND DUTIES OF THE COMMISSION, TO PROVIDE PARTICIPATION IN THE AGREEMENTS IS VOLUNTARY TO ELIGIBLE INSTITUTIONS OF HIGHER EDUCATION IN THIS STATE, TO PROVIDE INSTITUTIONS OF HIGHER EDUCATION IN THIS STATE THAT DO NOT PARTICIPATE IN ANY INTERSTATE RECIPROCITY AGREEMENT ENTERED INTO BY THE COMMISSION ARE NOT PROHIBITED FROM OFFERING POSTSECONDARY DISTANCE EDUCATION, AND TO CLARIFY THAT NO PROVISION OF THIS ACT PROHIBITS OR REDUCES THE AUTHORITY OF THE COMMISSION TO LICENSE INSTITUTIONS OF HIGHER EDUCATION OFFERING DISTANCE EDUCATION IN THIS STATE IF THE INSTITUTION IS NOT A
PARTICIPANT IN THE INTERSTATE RECIPROCITY AGREEMENT IN WHICH THE COMMISSION PARTICIPATES.
Ordered for consideration tomorrow.
Rep. ALLISON, from the Committee on Education and Public Works, submitted a favorable report on:
H. 3657 (Word version) -- Reps. Yow, Henegan and Lucas: A BILL TO AMEND SECTION 59-19-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY COMMENCEMENT OF ELECTED SCHOOL BOARD TRUSTEES' TERMS ONE WEEK FOLLOWING CERTIFICATION OF ELECTION, SO AS TO PROVIDE THAT THIS REQUIREMENT APPLIES EXCEPT WHERE OTHERWISE PROVIDED BY LAW.
Ordered for consideration tomorrow.
Rep. ALLISON, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 4688 (Word version) -- Reps. Clemmons, Felder, Clary, Collins, Daning, R. L. Brown, Forrester and Rivers: A BILL TO AMEND SECTION 56-5-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL INTERFERENCE WITH TRAFFIC CONTROL DEVICES AND RAILROAD SIGNS AND SIGNALS, SO AS TO PROVIDE THAT THIS SECTION ALSO APPLIES TO PORTABLE ROAD CLOSURE SIGNS AND DEVICES, AND TO THE UNLAWFUL REPOSITIONING OF TRAFFIC CONTROL DEVICES AND RAILROAD SIGNS AND SIGNALS.
Ordered for consideration tomorrow.
The following was introduced:
H. 4836 (Word version) -- Reps. Mitchell, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman,
Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE OUTSTANDING LEGACY AND FINE PROFESSIONAL TRADITION OF J. W. WOODWARD FUNERAL HOME OF SPARTANBURG AND TO CONGRATULATE THE FAMILY OWNERS AND STAFF AS THEY CELEBRATE ONE HUNDRED YEARS OF SERVING FAMILIES WITH DIGNITY AND COMPASSION.
The Resolution was adopted.
The following was introduced:
H. 4837 (Word version) -- Reps. Rutherford, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE
SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF ERNESTINE S. (TENA) WALKER OF COLUMBIA AND TO EXTEND THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 4838 (Word version) -- Reps. G. A. Brown, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF MRS. JESSIE MAE MOZINGO OF SUMTER AND TO EXTEND THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 4846 (Word version) -- Reps. Sandifer, Gambrell, Gagnon, Hill, Putnam, Thayer, White and Whitmire: A CONCURRENT RESOLUTION TO URGE
THE GOVERNING BODIES OF ANDERSON AND OCONEE COUNTIES TO DISSOLVE THEIR THIRTY-TWO YEAR OLD AGREEMENT TO HAVE ONE MASTER-IN-EQUITY TO SERVE BOTH COUNTIES, AND TO ESTABLISH A MASTER-IN-EQUITY COURT IN EACH COUNTY PURSUANT TO SECTION 14-11-10 OF THE 1976 CODE.
The Concurrent Resolution was ordered referred to the Committee on Judiciary.
The Senate sent to the House the following:
S. 1045 (Word version) -- Senators Hayes, Peeler, Gregory and Coleman: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY AS A VITAL PART OF THE PALMETTO STATE AND TO DECLARE FEBRUARY 23, 2016, "YORK COUNTY DAY" IN SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4839 (Word version) -- Rep. Goldfinch: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-1640 SO AS TO PROVIDE CERTAIN TERMS AND THEIR DEFINITIONS RELATED TO CARTILAGINOUS FISH, THEIR PARTS, AND PERSONS WHO SALVAGE THEM FOR BAIT OR HUMAN CONSUMPTION, AND TO PROVIDE PENALTIES FOR PERSONS WHO UNLAWFULLY SALVAGE FOR BAIT OR HUMAN CONSUMPTION CERTAIN CARTILAGINOUS FISH; AND BY ADDING SECTION 50-5-1720 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TAKE OR POSSESS CERTAIN HAMMERHEAD SHARKS, TO PROVIDE THAT ONCE CAUGHT THESE SHARKS MUST BE RELEASED AND REMAIN IN WATER AT ALL TIMES WHILE BEING RELEASED, TO PROVIDE THAT NO ONE IS PERMITTED TO TAKE PHOTOGRAPHS WITH THESE
SHARKS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4840 (Word version) -- Rep. McKnight: A BILL TO AMEND SECTION 15-48-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VALIDITY OF ARBITRATION AGREEMENTS AND EXCEPTIONS FROM OPERATION OF THE CHAPTER, SO AS TO PROVIDE THAT CERTAIN ARBITRATION CLAUSES CONTAINED IN ADHESION CONTRACTS WITH CONSUMERS ARE VOID, UNENFORCEABLE, AND SEVERABLE FROM THE REMAINING TERMS OF A CONTRACT.
Referred to Committee on Judiciary
H. 4841 (Word version) -- Reps. Govan, M. S. McLeod, Tinkler, Gilliard, Mitchell, Douglas, McEachern, Williams, Neal, Henegan, Hosey, Dillard, Hicks, Hodges and W. J. McLeod: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE FOR STATUS OFFENSES FOR JUVENILES, TO PROVIDE FOR MEMBERSHIP OF THE STUDY COMMITTEE AND THE METHOD OF APPOINTMENT OF MEMBERS, TO REQUIRE THE STUDY COMMITTEE TO PREPARE A REPORT WITH THE FINDINGS AND RECOMMENDATIONS FOR THE GENERAL ASSEMBLY, AND TO INCLUDE A SUNSET PROVISION FOR THE STUDY COMMITTEE.
Referred to Committee on Judiciary
H. 4842 (Word version) -- Rep. Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-210 SO AS TO ENACT THE "CELEBRATE SOUTH CAROLINA 350 COMMISSION ACT", TO PROVIDE FOR THE CREATION OF A STATE COMMISSION CREATED WITH THE INTENT OF PLANNING THE COMMEMORATION AND CELEBRATION OF THIS HISTORIC MILESTONE, TO PROVIDE THE MEMBERSHIP FOR THE COMMISSION, AND TO PROVIDE FOR THE DISSOLUTION OF THE COMMISSION ON MAY 1, 2020.
Referred to Committee on Education and Public Works
H. 4843 (Word version) -- Reps. Spires, Rutherford and Kennedy: A BILL TO AMEND SECTION 17-13-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE, EXECUTION,
AND RETURN OF SEARCH WARRANTS FOR PROPERTY CONNECTED WITH THE COMMISSION OF A CRIME AND THE SEIZURE OF PROPERTY UNDER CERTAIN CIRCUMSTANCES CONNECTED WITH THE COMMISSION OF A CRIME, SO AS TO PROVIDE THAT THE OWNER OF A MOTOR VEHICLE MAY NOT BE CHARGED MOTOR VEHICLE REGISTRATION AND LICENSE FEES WHEN A MOTOR VEHICLE IS SEIZED PURSUANT TO THE PROVISIONS OF THIS SECTION OR ANY OTHER PROVISION OF LAW, INCLUDING FEDERAL OR STATE DRUG LAWS, WHILE THE OWNER IS NOT IN POSSESSION OF THE VEHICLE, THE SEIZING LAW ENFORCEMENT AGENCY MUST RETURN THE LICENSE PLATE OF THE SEIZED VEHICLE TO THE DEPARTMENT OF MOTOR VEHICLES WITHIN THIRTY DAYS AFTER SEIZURE, AND IF THE OWNER IS ABLE TO RECLAIM POSSESSION OF THE MOTOR VEHICLE, THE OWNER IS ONLY RESPONSIBLE FOR THOSE REGISTRATION AND LICENSE FEES DUE AFTER THE DATE OF SEIZURE AND THE RETURN OF THE VEHICLE TO HIS POSSESSION WITH AN EXCEPTION FOR PAST DUE FEES.
Referred to Committee on Judiciary
H. 4844 (Word version) -- Rep. King: A JOINT RESOLUTION TO PROVIDE THAT A STATEWIDE ADVISORY REFERENDUM MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AT THE SAME TIME AS THE 2016 GENERAL ELECTION ON THE QUESTION OF WHETHER OR NOT THE CONSTITUTIONAL PER DIEM OF MEMBERS OF THE GENERAL ASSEMBLY SHOULD BE INCREASED TO $35,000 OR $50,000.
Referred to Committee on Judiciary
H. 4845 (Word version) -- Reps. King and Parks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-105 SO AS TO PROVIDE A FUNERAL HOME, FUNERAL DIRECTOR, OR EMBALMER MAY REFUSE TO RELEASE A DEAD HUMAN BODY TO THE CUSTODY OF THE PERSON OR ENTITY WHO HAS THE LEGAL RIGHT TO EFFECT A RELEASE UNTIL ALL FINANCIAL OBLIGATIONS RELATED TO SERVICES PROVIDED BY THE FUNERAL HOME, FUNERAL DIRECTOR, OR EMBALMER WITH RESPECT TO THE DEAD HUMAN BODY HAVE BEEN FULLY SATISFIED; AND TO AMEND SECTION 40-19-110, RELATING TO UNPROFESSIONAL
CONDUCT OF A FUNERAL DIRECTOR OR EMBALMER, SO AS TO PROVIDE THAT REFUSING TO PROPERLY RELEASE A DEAD HUMAN BODY TO THE CUSTODY OF THE PERSON OR ENTITY WHO HAS THE LEGAL RIGHT TO EFFECT A RELEASE CONSTITUTES UNPROFESSIONAL CONDUCT EXCEPT WHEN THE REFUSAL IS FOR FAILURE TO SATISFY RELATED FINANCIAL OBLIGATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4847 (Word version) -- Rep. Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-320 SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ISSUE LICENSES TO PERSONS WHO WISH TO OPERATE FERAL SWINE HOLDING FACILITIES OR BECOME FERAL SWINE DEALERS, AND TO PROVIDE THAT THE DEPARTMENT MAY PROMULGATE REGULATIONS TO ALLOW THESE PERSONS TO HOLD FERAL SWINE ON PRIVATE PROPERTY AND SELL THEM OR MEAT PRODUCTS TAKEN FROM THEIR SLAUGHTERED CARCASSES COMMERCIALLY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 589 (Word version) -- Senators Lourie and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 85 TO TITLE 40 SO AS TO ENACT THE "MUSIC THERAPY PRACTICE ACT"; TO REGULATE THE PRACTICE OF MUSIC THERAPY; TO PROVIDE CERTAIN DEFINITIONS; TO CREATE THE SOUTH CAROLINA MUSIC THERAPY ADVISORY GROUP TO ASSIST THE DIRECTOR OF THE DEPARTMENT IN REGULATION OF THE PROFESSION OF MUSIC THERAPY; TO PROHIBIT THE PRACTICE OF MUSIC THERAPY WITHOUT A LICENSE; TO PROVIDE CRITERIA FOR LICENSURE; AND TO PROVIDE FOR THE USE OF A PROFESSIONAL DESIGNATION, AMONG OTHER THINGS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 1042 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ALIGNMENT OF ASSESSMENT
AND ACCOUNTABILITY ELEMENTS WITH THE NO CHILD LEFT BEHIND ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 4603, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Regulations and Administrative Procedures
S. 1044 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO TEST SECURITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 4606, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Regulations and Administrative Procedures
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allison Anderson Anthony Ballentine Bamberg Bannister Bedingfield Bowers R. L. Brown Burns Clary Cobb-Hunter Collins Corley H. A. Crawford Crosby Daning Delleney Douglas Erickson Felder Finlay Forrester Fry Gagnon Gambrell Goldfinch Govan Hardee Hart Hayes Henegan Herbkersman Hill Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King Kirby Knight Loftis Lowe Lucas Mack McEachern M. S. McLeod Mitchell D. C. Moss Newton Ott Parks Pope Putnam Ridgeway Riley Rivers Sandifer Sottile Southard Spires Stringer Tallon Taylor Tinkler
Wells White Williams Willis Yow
I came in after the roll call and was present for the Session on Thursday, February 4.
Todd Atwater Jimmy Bales Beth Bernstein Kenny Bingham Jeffrey A. Bradley Douglas "Doug" Brannon Grady Brown Bill Chumley Alan D. Clemmons William Clyburn Derham Cole, Jr. Greg D. Duckworth Laurie Funderburk Wendell Gilliard Dan Hamilton Phyllis Henderson Donna Hicks H. B. "Chip" Limehouse Peter McCoy, Jr. Cezar McKnight James Merrill V. Stephen Moss Mandy Powers Norrell Michael A. Pitts Richard "Rick" Quinn Todd Rutherford Gary Simrill G. Murrell Smith Garry R. Smith James E. Smith Leon Stavrinakis Anne Thayer David Weeks Jackson "Seth" Whipper William R. "Bill" Whitmire Joe H. Neal Walton J. McLeod
Rep. HOWARD signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, February 3.
The SPEAKER granted Rep. TOOLE a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. RYHAL a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. LONG a leave of absence for the day.
The SPEAKER granted Rep. HORNE a leave of absence for the day.
The SPEAKER granted Rep. NANNEY a leave of absence for the day to attend a funeral.
The SPEAKER granted Rep. ROBINSON-SIMPSON a leave of absence for the day.
Announcement was made that Dr. Patricia W. Witherspoon of Columbia was the Doctor of the Day for the General Assembly.
Reps. POPE, SIMRILL, NORMAN, FELDER and KING presented to the House the South Pointe High School Football Team, coaches, and other school officials.
Rep. LUCAS presented to the House the Jefferson Dixie Youth "O-Zone" Baseball Team, coaches, and other officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on
second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4728 (Word version)
Date: ADD:
02/04/16 TAYLOR, HERBKERSMAN, KING, FELDER, HICKS, LOFTIS, SIMRILL, POPE, RILEY, MCCOY, HUGGINS and CORLEY
Bill Number: H. 4774 (Word version)
Date: ADD:
02/04/16 LOWE, NORRELL, BOWERS, SANDIFER, WEEKS, GAMBRELL, RIVERS, BERNSTEIN, MCEACHERN, MCCOY, ANDERSON and BALES
Bill Number: H. 3574 (Word version)
Date: ADD:
02/04/16 WHIPPER and R. L. BROWN
Bill Number: H. 3653 (Word version)
Date: ADD:
02/04/16 MITCHELL
Bill Number: H. 3693 (Word version)
Date: ADD:
02/04/16 SOTTILE
Bill Number: H. 4092 (Word version)
Date: ADD:
02/04/16 BOWERS
Bill Number: H. 4093 (Word version)
Date: ADD:
02/04/16 HIXON and CORLEY
Bill Number: H. 4448 (Word version)
Date: ADD:
02/04/16 FUNDERBURK
Bill Number: H. 4548 (Word version)
Date: ADD:
02/04/16 ERICKSON, RIDGEWAY, HAYES, MACK, RIVERS, CLARY, BRANNON, DANING, BANNISTER, ANTHONY, MCEACHERN, MITCHELL and ATWATER
Bill Number: H. 4576 (Word version)
Date: ADD:
02/04/16 HERBKERSMAN
Bill Number: H. 4620 (Word version)
Date: ADD:
02/04/16 WHIPPER and R. L. BROWN
Bill Number: H. 4624 (Word version)
Date: ADD:
02/04/16 WHIPPER and R. L. BROWN
Bill Number: H. 4666 (Word version)
Date: ADD:
02/04/16 TALLON and MITCHELL
Bill Number: H. 4679 (Word version)
Date: ADD:
02/04/16 FUNDERBURK and HODGES
Bill Number: H. 4703 (Word version)
Date: ADD:
02/04/16 HUGGINS, HIXON, CORLEY, HILL, YOW, CLEMMONS, HICKS and BRANNON
Bill Number: H. 4717 (Word version)
Date: REMOVE:
02/04/16 MERRILL
The SPEAKER granted Rep. PARKS a leave of absence for the remainder of the day.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3145 (Word version) -- Reps. Sandifer, Lucas, Thayer, Yow, Long, G. R. Smith, Hixon, Henderson, G. M. Smith, Sottile, Forrester, Felder, Atwater, Toole, Huggins, Pope, Simrill, Bales, Anderson, Gilliard and Hicks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-700 SO AS TO PROVIDE CIRCUMSTANCES IN WHICH A PERSON IS IMMUNE FROM CIVIL LIABILITY FOR DAMAGE RESULTING FROM HIS FORCIBLE ENTRY INTO A MOTOR VEHICLE TO REMOVE A CHILD WHO HE REASONABLY BELIEVES IS IN IMMINENT DANGER OF SUFFERING HARM IF NOT REMOVED, AMONG OTHER THINGS, AND TO PROVIDE THAT THIS IMMUNITY DOES NOT AFFECT CERTAIN OTHER CIVIL LIABILITY.
Rep. SANDIFER explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Atwater Bales Bamberg Bannister Bedingfield Bernstein Bingham Bowers Bradley Brannon G. A. Brown R. L. Brown Clary Clemmons Clyburn Cole Collins Corley H. A. Crawford Crosby Daning Delleney Douglas Duckworth Felder Finlay Forrester Fry Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hart Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King Kirby Knight Limehouse Loftis Lowe Lucas Mack McCoy McEachern McKnight M. S. McLeod Merrill Mitchell D. C. Moss V. S. Moss Norrell Ott Pitts Putnam Ridgeway Riley Rivers Rutherford Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Weeks Wells Whipper White Whitmire Williams Willis Yow
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 4708 (Word version) -- Reps. Hixon, Hodges, Corley, Burns, Hiott, V. S. Moss and Kirby: A BILL TO AMEND SECTION 50-13-1630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE AND TRAFFICKING IN FISH, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES MAY ISSUE PERMITS FOR THE RELEASE OR STOCKING OF STERILE WHITE AMUR, GRASS CARP, OR GRASS CARP HYBRIDS IN THIS STATE, AND TO PROVIDE THAT THE DEPARTMENT MAY ISSUE PERMITS FOR THE IMPORTATION, BREEDING, AND POSSESSION OF GRASS CARP.
H. 4709 (Word version) -- Reps. Hixon, Hodges, Corley, Burns, Hiott, V. S. Moss, Kirby, Newton and Herbkersman: A BILL TO AMEND SECTION 50-5-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMS AND THEIR DEFINITIONS CONTAINED IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, SO AS TO PROVIDE A DEFINITION FOR THE TERM "SOUTHERN COBIA MANAGEMENT ZONE"; AND TO AMEND SECTION 50-5-2730, AS AMENDED, RELATING TO CERTAIN FEDERAL FISHING REGULATIONS, SO AS TO PROVIDE THAT THESE REGULATIONS DO NOT APPLY TO COBIA LOCATED IN THE SOUTHERN COBIA MANAGEMENT ZONE.
H. 4816 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-205 SO AS TO DESIGNATE JUNE TWENTY-SEVENTH OF EACH
YEAR AS SOUTH CAROLINA POST-TRAUMATIC STRESS INJURY (PTSI) AWARENESS DAY.
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 and Newton: A BILL TO AMEND SECTION 12-6-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX RATES FOR INDIVIDUALS, ESTATES, AND TRUSTS, SO AS TO INCREASE THE SIZE OF THE TAX BRACKETS FOR EACH TAX RATE; AND TO AMEND SECTION 12-6-520, RELATING TO THE ANNUAL ADJUSTMENT OF INCOME TAX BRACKETS, SO AS PROVIDE THE BRACKETS SHALL NOT BE ADJUSTED IN TAX YEARS 2016 AND 2017.
Rep. WHITE moved to adjourn debate on the Bill until Tuesday, February 9, which was agreed to.
The following Bill was taken up:
H. 3685 (Word version) -- Reps. D. C. Moss and Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-219 SO AS TO PROVIDE THAT A FIVE DOLLAR SURCHARGE IS IMPOSED UPON ALL MONETARY PENALTIES IMPOSED BY CERTAIN COURTS FOR OFFENSES IN WHICH AN ELECTRONIC TICKET OR CITATION WAS ISSUED, AND TO PROVIDE FOR THE DISTRIBUTION OF THE SURCHARGE.
Rep. DELLENEY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up:
H. 3041 (Word version) -- Reps. Delleney, Allison, Atwater, Ballentine, Bannister, Bedingfield, Bingham, Bradley, Brannon, Burns, Clary, Clemmons, Collins, H. A. Crawford, Daning, Duckworth, Erickson, Forrester, Goldfinch, Hamilton, Hardee, Hardwick, Henderson, Herbkersman, Hicks, Hill, Hiott, Hixon, Horne, Huggins, Kennedy, Limehouse, Loftis, Long, Lowe, Lucas, McCoy, Merrill, D. C. Moss, V. S. Moss, Murphy, Nanney, Newton, Pitts, Pope, Putnam, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stringer, Tallon, Taylor, Thayer, Wells, White, Whitmire, Willis, Yow, Funderburk and Corley: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT THE SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT OF EDUCATION SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW FOR THE DUTIES, COMPENSATION, AND QUALIFICATIONS FOR OFFICE, THE PROCEDURES BY WHICH THE APPOINTMENT IS MADE, AND THE PROCEDURES BY WHICH THE SUPERINTENDENT OF EDUCATION MAY BE REMOVED FROM OFFICE.
Rep. HAYES made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4703 (Word version) -- Reps. Delleney, D. C. Moss, Simrill, G. R. Smith, Finlay, McCoy, Bannister, Lucas, Pope, Bedingfield, Pitts, Huggins, Hixon, Corley, Hill, Yow, Clemmons, Hicks and Brannon: A BILL TO AMEND SECTION 16-11-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNITY FROM CRIMINAL PROSECUTION AND CIVIL ACTIONS UNDER CERTAIN CIRCUMSTANCES FOR THE USE OF DEADLY FORCE AGAINST ANOTHER PERSON WHO ENTERS A DWELLING, RESIDENCE, OR OCCUPIED VEHICLE, SO AS TO PROVIDE A PROCEDURE FOR AN EVIDENTIARY HEARING ON A PRETRIAL MOTION TO DISMISS BASED ON THE JUSTIFIABLE USE OF DEADLY FORCE AND TO PROVIDE THAT A COURT JUDGMENT, ORDER, OR DECREE DENYING IMMUNITY IS IMMEDIATELY APPEALABLE; AND TO AMEND SECTION 14-3-330, AS AMENDED, RELATING TO THE APPELLATE JURISDICTION OF THE SUPREME COURT, SO AS TO INCLUDE THE REVIEW UPON APPEAL OF ANY JUDGMENT, ORDER, OR DECREE DENYING IMMUNITY FROM CRIMINAL PROSECUTION OR CIVIL ACTION PURSUANT TO THE PROTECTION OF PERSONS AND PROPERTY ACT THAT IS NOT OTHERWISE A FINAL JUDGMENT THAT DETERMINES THE ACTION.
Rep. BANNISTER explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Atwater Bales 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 Douglas
Duckworth Erickson Felder Finlay Forrester Fry Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hart Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson Jordan King Kirby Knight Limehouse Loftis Lowe Lucas Mack McCoy McEachern M. S. McLeod Merrill Mitchell D. C. Moss V. S. Moss Norrell Ott Pitts Pope Putnam Quinn Ridgeway Riley Rivers Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler 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.
On motion of Rep. DELLENEY, with unanimous consent, it was ordered that H. 4703 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4447 (Word version) -- Reps. Henegan and Yow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-355 SO AS TO AUTHORIZE THE STATE BOARD OF BARBER EXAMINERS TO ISSUE MOBILE BARBERSHOP PERMITS, TO ESTABLISH PERMIT REQUIREMENTS, AND TO FURTHER PROVIDE FOR THE REGULATION OF MOBILE BARBERSHOPS.
Rep. R. L. BROWN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3874 (Word version) -- Reps. Mitchell, Cobb-Hunter, Merrill, Loftis, Dillard and Govan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3770 SO AS TO PROVIDE FOR AN INCOME TAX CREDIT TO AN INDIVIDUAL OR BUSINESS THAT CONSTRUCTS, PURCHASES, OR LEASES RENEWABLE ENERGY PROPERTY AND PLACES IT IN SERVICE IN THIS STATE, AND TO PROVIDE A DEFINITION OF "RENEWABLE ENERGY PROPERTY".
Rep. HUGGINS explained the Senate Amendments.
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 Brannon G. A. Brown R. L. Brown Burns Clary Clemmons Clyburn Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning Delleney Douglas Duckworth Erickson Felder Finlay Forrester Fry Funderburk George Gilliard Goldfinch Govan Hardee Hart Hayes Henderson Henegan Herbkersman Hicks Hiott Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King Kirby Knight Limehouse Loftis Lowe Lucas Mack McCoy McEachern McKnight M. S. McLeod Merrill Mitchell D. C. Moss V. S. Moss Newton Norrell Ott Pitts Pope Quinn Ridgeway Riley Rivers Sandifer Simrill G. M. Smith J. E. Smith Sottile Spires Stavrinakis Tallon Tinkler Weeks Wells Whitmire Williams Willis Yow
Those who voted in the negative are:
Bedingfield Chumley Corley Hill Putnam G. R. Smith Southard White
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up:
H. 4665 (Word version) -- Reps. Tallon, Bannister, Bingham, Burns, Cole, Delleney, Erickson, Felder, Gagnon, Hamilton, Huggins, Kennedy, Lowe, Norrell, Rivers, G. M. Smith, G. R. Smith, Southard, Spires, Newton, W. J. McLeod and Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-19-115 SO AS TO REQUIRE CANDIDATES FOR MAGISTRATES COURT TO BE SCREENED BY THE JUDICIAL MERIT SELECTION COMMISSION BEFORE THEY MAY BE APPOINTED BY THE GOVERNOR BY AND WITH THE CONSENT OF THE SENATE; AND TO AMEND SECTION 22-1-10, AS AMENDED, RELATING TO THE APPOINTMENT AND JURISDICTION OF MAGISTRATES, SO AS TO PROVIDE MAGISTRATES MUST BE SCREENED BY THE JUDICIAL MERIT SELECTION COMMISSION AND DELETE LANGUAGE ALLOWING MAGISTRATES' TERMS TO CONTINUE UNTIL SUCCESSORS ARE APPOINTED AND QUALIFIED.
The Bill was read the third time and ordered sent to the Senate.
Rep. PITTS moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4804 (Word version) -- Reps. Hayes, George, Goldfinch, Anderson, Clemmons, H. A. Crawford, Duckworth, Fry, Hardee, Johnson and Ryhal: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE HORRY ELECTRIC COOPERATIVE FOR ITS ENORMOUSLY BENEFICIAL IMPACT AND TO CONGRATULATE THE ORGANIZATION ON ITS SEVENTY-FIFTH ANNIVERSARY OF PROVIDING ELECTRICAL SERVICE IN THE PALMETTO STATE.
H. 4814 (Word version) -- Reps. Pope, Delleney, Felder, King, Long, D. C. Moss, V. S. Moss, Norman and Simrill: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY AS A VITAL PART OF THE PALMETTO STATE AND TO DECLARE FEBRUARY 23, 2016, "YORK COUNTY DAY" IN SOUTH CAROLINA.
H. 4823 (Word version) -- Rep. Hiott: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE MEMBERS OF SOUTH CAROLINA'S FFA, FORMERLY KNOWN AS THE FUTURE FARMERS OF AMERICA, AND ALL WHO SUPPORT, PROMOTE, AND ENCOURAGE THESE OUTSTANDING STUDENTS OF AGRICULTURAL EDUCATION, AND TO JOIN THEM IN OBSERVANCE OF NATIONAL FFA WEEK, FEBRUARY 20 - 27, 2016.
H. 4824 (Word version) -- Rep. Delleney: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE COSTA PLEICONES, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 24, 2016.
At 11:09 a.m. the House, in accordance with the motion of Rep. M. S. MCLEOD, adjourned in memory of Deanndra Roach, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Tuesday, January 17, 2017 at 12:53 P.M.