Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Job 33:3: "My words declare the uprightness of my heart, and what my lips know they speak sincerely."
Let us pray. Gracious Lord, Your mercies are new to us every morning. We thank You for Your watchfulness over us. In these difficult times, O Lord, give wisdom and guidance to our Speaker and the Members of this House. Cause them to seek Your providential will, and give them courage and integrity. Bless these Representatives as they take up the agenda of the day. Give us Your grace during this day and always. Protect our defenders of freedom as they protect us. Heal the wounds, those seen and those hidden, of our brave warriors who suffer and sacrifice for our freedom. Lord, in Your mercy, hear our prayers. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. H. A. CRAWFORD moved that when the House adjourns, it adjourn in memory of the Honorable Kay Loftus of Myrtle Beach, which was agreed to.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:
H. 4535 (Word version) -- Reps. Goldfinch and Robinson-Simpson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTION 16-3-410 RELATING TO SENDING OR ACCEPTING A CHALLENGE TO FIGHT, SECTION 16-3-420 RELATING TO CARRYING OR DELIVERING A CHALLENGE AND SERVICE AS A SECOND, SECTION 16-15-50 RELATING TO SEDUCTION UNDER PROMISE OF MARRIAGE, SECTION 16-15-60 RELATING TO ADULTERY OR FORNICATION, SECTION 16-19-20 RELATING TO ADVENTURING IN LOTTERIES, SECTION 52-13-10 RELATING TO UNLAWFUL OPERATION OF PUBLIC DANCING HALLS ON SUNDAYS, SECTION 53-1-40 RELATING TO UNLAWFUL WORK ON SUNDAYS, SECTION 53-1-60 RELATING TO THE PROHIBITED SALE OF CERTAIN ITEMS ON SUNDAY, SECTION 58-17-160 RELATING TO THE PROHIBITION ON RAILROADS REMOVING THEIR LINES FROM TOWNS WITH MORE THAN FIVE HUNDRED INHABITANTS, SECTION 58-17-3400 RELATING TO UNLAWFUL REMOVAL OF HAND OR LEVER CARS FROM TRACKS AND LEAVING NEAR CROSSINGS, AND SECTION 63-19-2430 RELATING TO THE PROHIBITION ON MINORS PLAYING PINBALL.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4510 (Word version) -- Reps. Thayer, Hosey, Nanney, Hamilton, Erickson, Long, Hicks, McCoy and McEachern: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-7-2400 SO AS TO ESTABLISH LIMITATIONS ON THE NUMBER OF FOSTER CHILDREN WHO MAY BE PLACED IN A FOSTER HOME.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:
H. 3989 (Word version) -- Reps. J. E. Smith, Bernstein, Pitts, Horne, McCoy, Thayer, McEachern and Hicks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "PERSONS WITH DISABILITIES RIGHT TO PARENT ACT" BY ADDING CHAPTER 21 TO TITLE 63 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES, LAW ENFORCEMENT, AND THE FAMILY AND PROBATE COURTS, AMONG OTHERS, TO PROTECT THE PARENTING RIGHTS OF PERSONS WITH A DISABILITY BY ESTABLISHING CERTAIN REQUIREMENTS AND SAFEGUARDS APPLICABLE IN CHILD CUSTODY, CHILD PROTECTION, AND PROBATE GUARDIANSHIP PROCEEDINGS TO ENSURE THAT PERSONS WITH DISABILITIES ARE NOT DENIED THE RIGHT TO PARENT OR TO HAVE CUSTODY OF OR VISITATION WITH A CHILD BECAUSE OF THE DISABILITY; TO PROHIBIT CHILD PLACING AGENCIES, ADOPTION SERVICE PROVIDERS, AND ASSISTED REPRODUCTIVE TECHNOLOGY SERVICE PROVIDERS FROM DENYING PERSONS WITH A DISABILITY THE RIGHT TO ACCESS SERVICES BECAUSE OF THE PERSON'S DISABILITY, WITH EXCEPTIONS; BY ADDING SECTION 62-1-510 SO AS TO REQUIRE ASSESSMENTS AND EVALUATIONS OF CERTAIN PERSONS WITH A DISABILITY IN PROBATE COURT PROCEEDINGS, AND TO TAKE INTO CONSIDERATION THE DISABILITY AND WAYS IN WHICH TO ACCOMMODATE THE DISABILITY TO ENABLE THE PERSON TO PARENT A CHILD ADEQUATELY; BY ADDING SECTIONS 63-7-1695, 63-7-2575, AND 63-15-270 SO AS TO REQUIRE ASSESSMENTS AND EVALUATIONS OF CERTAIN PERSONS WITH A DISABILITY IN FAMILY COURT PROCEEDINGS TO TAKE INTO CONSIDERATION THE DISABILITY AND WAYS IN WHICH TO ACCOMMODATE THE DISABILITY TO ENABLE THE PERSON TO PARENT A CHILD ADEQUATELY; TO AMEND SECTION 63-7-720, RELATING TO REASONABLE EFFORTS REQUIREMENTS FOR PROBABLE CAUSE HEARINGS, SO AS TO REQUIRE SERVICES FOR PARENTS AND LEGAL GUARDIANS WITH A DISABILITY TO TAKE INTO CONSIDERATION THE DISABILITY AND WAYS IN WHICH TO ACCOMMODATE THE DISABILITY TO AVOID REMOVAL OF THE CHILD; AND TO AMEND SECTION 63-7-1640, AS AMENDED, RELATING TO FAMILY COURT DETERMINATIONS WHETHER TO REQUIRE REASONABLE EFFORTS TO PRESERVE OR REUNIFY A FAMILY WHEN THE PARENT OR LEGAL GUARDIAN HAS A DISABILITY, SO AS TO REQUIRE THE COURT TO TAKE INTO CONSIDERATION THE DISABILITY AND WAYS IN WHICH TO ACCOMMODATE THE DISABILITY TO PRESERVE OR REUNIFY THE FAMILY; AND FOR OTHER PURPOSES.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:
H. 4944 (Word version) -- Reps. Funderburk, Kennedy, W. J. McLeod and Clemmons: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICES, SO AS TO REMOVE A MUNICIPALITY'S AUTHORITY NOT TO CONDUCT GENERAL ELECTIONS UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:
H. 4124 (Word version) -- Rep. Pitts: A BILL TO AMEND SECTION 44-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND POWERS OF MARSHALS AT STATE MENTAL HEALTH FACILITIES, SO AS TO SUBSTITUTE DEPARTMENT OF MENTAL HEALTH FOR MENTAL HEALTH COMMISSION AND LAW ENFORCEMENT OFFICERS FOR MARSHALS, AND FOR OTHER PURPOSES.
Ordered for consideration tomorrow.
The following was introduced:
H. 5027 (Word version) -- Rep. Ott: A HOUSE RESOLUTION TO RECOGNIZE AND WELCOME THE MEMBERS OF THE SWEDISH COMMITTEE ON THE CONSTITUTION AND TO WISH THEM AN ENJOYABLE AND INFORMATIVE STAY IN THE PALMETTO STATE.
The Resolution was adopted.
The following was introduced:
H. 5028 (Word version) -- Rep. Lucas: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE HARTSVILLE NORTHERN DIXIE YOUTH BASEBALL LEAGUE MAJORS TEAM AND COACHES FOR AN EXCEPTIONAL SEASON AND TO CONGRATULATE THEM FOR CAPTURING THE 2015 DIXIE YOUTH BASEBALL WORLD SERIES MAJORS CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 5029 (Word version) -- Rep. Lucas: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE HARTSVILLE NORTHERN DIXIE YOUTH BASEBALL LEAGUE MAJORS TEAM OF DARLINGTON COUNTY WITH THE TEAM COACHES, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2015 DIXIE YOUTH WORLD SERIES MAJORS CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Hartsville Northern Dixie Youth Baseball League Majors team of Darlington County with the team coaches, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2015 Dixie Youth World Series Majors Championship title.
The Resolution was adopted.
The following was introduced:
H. 5030 (Word version) -- Reps. White, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO CONGRATULATE THE PENDLETON DISTRICT COMMISSION UPON THE OCCASION OF ITS FIFTIETH ANNIVERSARY AND TO THANK THE COMMISSION FOR ITS HALF CENTURY OF SERVICE TO THE PEOPLE OF SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 5031 (Word version) -- Reps. Gagnon and Gambrell: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE LIGHTHOUSE CHRISTIAN SCHOOL GIRLS BASKETBALL TEAM, COACH, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2016 SOUTH CAROLINA ASSOCIATION OF CHRISTIAN SCHOOLS CLASS A STATE CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Lighthouse Christian School girls basketball team, coach, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2016 South Carolina Association of Christian Schools Class A State Championship title.
The Resolution was adopted.
The following was introduced:
H. 5032 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ROBERT "BOB" CHEN OF SUMTER COUNTY, RETIRED PROFESSOR AND BUSINESSMAN, FOR HIS SIGNIFICANT CONTRIBUTIONS TO CREATING A CLOSER RELATIONSHIP BETWEEN THE STATE OF SOUTH CAROLINA AND TAIWAN AND PROMOTING TRADE BETWEEN THE STATE OF SOUTH CAROLINA AND TAIWAN.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5033 (Word version) -- Reps. Gagnon and Gambrell: A CONCURRENT RESOLUTION TO CONGRATULATE THE LIGHTHOUSE CHRISTIAN SCHOOL GIRLS BASKETBALL TEAM AND ITS FINE COACH ON THEIR IMPRESSIVE WIN OF THE 2016 SOUTH CAROLINA ASSOCIATION OF CHRISTIAN SCHOOLS (SCACS) CLASS A STATE CHAMPIONSHIP TITLE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5034 (Word version) -- Rep. White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-4320 SO AS TO REQUIRE THE DEPARTMENT OF REVENUE TO ESTABLISH AN INFORMATIONAL CHARITABLE BINGO WEBPAGE ON ITS WEBSITE; TO AMEND SECTION 12-21-3920, RELATING TO DEFINITIONS FOR PURPOSES OF THE BINGO TAX ACT, SO AS TO REDEFINE "BUILDING"; TO AMEND SECTION 12-21-3940, RELATING TO APPLICATIONS FOR A BINGO LICENSE BY NONPROFIT ORGANIZATIONS AND PROMOTERS, SO AS TO EXTEND THE TIME BY WHICH THE DEPARTMENT MUST RESPOND; TO AMEND SECTION 12-21-3990, RELATING TO THE MANNER OF PLAYING BINGO, SO AS TO PROVIDE THE MANNER IN WHICH CERTAIN DEVICES MUST BE OPERATED; TO AMEND SECTION 12-21-4000, RELATING TO PROCEDURES APPLICABLE TO THE CONDUCT OF BINGO, SO AS TO INCREASE THE ALLOWANCE FOR PROMOTIONS; TO AMEND SECTION 12-21-4005, RELATING TO THE OPERATION OF BINGO GAMES, SO AS TO EXCLUDE CERTAIN RAFFLES; TO AMEND SECTION 12-21-4090, RELATING TO BINGO CHECKING AND SAVINGS ACCOUNTS, SO AS TO ALLOW THE PROMOTER TO MAKE CERTAIN CONTRIBUTIONS AND TO ALLOW FOR ELECTRONIC PAYMENTS; AND TO AMEND SECTION 12-21-4190 RELATING TO THE DISTRIBUTION OF BINGO REVENUES, SO TO INCREASE THE PERCENTAGE THAT IS DISTRIBUTED TO CHARITY.
Referred to Committee on Ways and Means
H. 5035 (Word version) -- Reps. McCoy and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-145 SO AS TO ENACT THE "PROVISIONS FOR COST OF ANIMAL CARE ACT", TO PROVIDE THAT THE CUSTODIAN OF AN ANIMAL TAKEN INTO CUSTODY DUE TO CIVIL OR CRIMINAL VIOLATIONS BY ITS OWNER MAY PETITION THE COURT FOR EXPENSES RELATED TO PROVIDING CARE TO THE ANIMAL, TO ESTABLISH PROCEDURES FOR HEARING SUCH PETITIONS, TO PROVIDE THAT THE COURT SHALL SET A RENEWABLE BOND FOR THE FUNDS NECESSARY TO PROVIDE THE CARE FOR AN ANIMAL TAKEN INTO CUSTODY FOR THIRTY DAYS AND CRITERIA THE COURT SHOULD TAKE INTO CONSIDERATION, TO PROVIDE THAT AN ORDER FOR FUNDS SHALL AUTOMATICALLY RENEW IF THE CUSTODIAN FILES AN AFFIDAVIT WITH THE COURT STATING THAT THE CASE AGAINST THE DEFENDANT HAS NOT BEEN RESOLVED, TO PROVIDE THAT THE COURT MAY ORDER THE DEFENDANT TO DEPOSIT THE FUNDS WITH THE COURT AND TO PROVIDE THAT IF THE FUNDS ARE NOT DEPOSITED WITHIN FIVE BUSINESS DAYS, THE ANIMAL IS FORFEITED TO THE CUSTODIAN, TO ESTABLISH THAT A DEFENDANT MAY RECOVER CUSTODY OF THE ANIMAL IF THE COURT MAKES A FINAL DETERMINATION IN HIS FAVOR AND SATISFIES ALL OUTSTANDING OBLIGATIONS CONCERNING COURT-ORDERED DEPOSITS FOR THE CARE OF THE ANIMAL, TO PROVIDE THAT A PERSON WHO FAILS TO PAY SUCH FUNDS FORFEITS RIGHTS OF OWNERSHIP TO THE ANIMAL, TO PROVIDE FOR THE DISPOSITION OF SUCH AN ANIMAL, TO PROVIDE THAT THE CUSTODIAN MAY SEEK PLACEMENT OF THE ANIMAL BEFORE THE EXPIRATION OF THE THIRTY-DAY PERIOD IF THE COURT MAKES A FINAL DETERMINATION OF THE CHARGES AGAINST THE DEFENDANT, AND TO PROVIDE FOR THE RETURN OF FUNDS TO THE DEFENDANT IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 47-1-130, AS AMENDED, RELATING TO CRUELTY TO ANIMALS, SO AS TO PROVIDE THAT AGENTS OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, OR ANY OTHER SOCIETY DULY INCORPORATED FOR THAT PURPOSE, MAY ASSIST WITH A LAWFUL INVESTIGATION PURSUANT TO THE PROVISIONS OF THIS CHAPTER; AND TO AMEND SECTION 47-1-140, AS AMENDED, RELATING TO NOTICE PROVIDED TO THE OWNER OF ANIMALS WHICH HAVE BEEN SEIZED FROM OTHERS UPON ARREST, TO REMOVE PROVISIONS REGARDING LIENS HELD BY LAW ENFORCEMENT OFFICERS FOR ANIMAL CARE EXPENSES.
Referred to Committee on Judiciary
H. 5036 (Word version) -- Reps. Goldfinch, J. E. Smith, Bannister, Fry, Johnson, Jordan, Horne, Stavrinakis, McCoy, Murphy, Collins, Clemmons, Bernstein, Brannon, Norrell, Atwater, Newton, Cole, Delleney, Hicks, Pope, G. M. Smith and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-770 SO AS TO CREATE THE OFFENSE OF IMPERSONATING A LAWYER AND PROVIDE GRADUATED PENALTIES.
Referred to Committee on Judiciary
H. 5037 (Word version) -- Reps. Quinn, Jefferson and Brannon: A BILL TO AMEND SECTION 7-15-385, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABSENTEE VOTING AND MARKING OF BALLOTS, SO AS TO ELIMINATE THE AUTHORIZATION ALLOWING ANOTHER PERSON TO RETURN THE ABSENTEE BALLOT APPLICANT'S BALLOT FOR HIM, AND TO ELIMINATE THE REQUIREMENT THAT THE ABSENTEE BALLOT APPLICANT'S OATH ON THE RETURN ENVELOPE BE WITNESSED.
Referred to Committee on Judiciary
H. 5038 (Word version) -- Reps. Nanney, Burns, Willis, Atwater, Clemmons, Hamilton, Loftis, Pitts, Putnam and G. R. Smith: A BILL TO AMEND SECTION 23-31-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PUBLIC OFFICIALS THAT POSSESS A CONCEALED WEAPON PERMIT WHO ARE ALLOWED TO CARRY A CONCEALABLE WEAPON WHILE PERFORMING THEIR OFFICIAL DUTIES, SO AS TO PROVIDE THAT ANY ELECTED STATE OR LOCAL OFFICIAL, OR COUNTY OR CITY ADMINISTRATOR WHO POSSESSES A VALID PERMIT MAY CARRY A CONCEALABLE WEAPON UPON ANY PROPERTY OWNED OR POSSESSED BY THE STATE OR A LOCAL GOVERNMENTAL ENTITY.
Referred to Committee on Judiciary
H. 5039 (Word version) -- Reps. Hardee, Duckworth, Fry, Ryhal, Johnson, Yow, H. A. Crawford and Clemmons: A BILL TO AMEND SECTION 8-13-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICIALS, PUBLIC MEMBERS, AND PUBLIC EMPLOYEES WHO ARE REQUIRED TO FILE A STATEMENT OF ECONOMIC INTERESTS, SO AS TO PROVIDE THAT A STATE OR LOCAL PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE WHO DIRECTLY PARTICIPATES IN A PROCUREMENT OR COMPETITIVE PURCHASING PROCESS OR IS INVOLVED DIRECTLY WITH POST-AWARD CONTRACTUAL MATTERS SHALL FILE A STATEMENT OF ECONOMIC INTERESTS.
Referred to Committee on Judiciary
H. 5040 (Word version) -- Reps. Mack and Sandifer: A BILL TO AMEND SECTION 37-1-201, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERRITORIAL APPLICATION OF THE CONSUMER PROTECTION CODE, SO AS TO EXPAND HOW A CREDITOR MAY INDUCE A CONSUMER TO ENTER INTO A TRANSACTION; TO AMEND SECTION 37-1-203, RELATING TO JURISDICTION AND SERVICE OF PROCESS, SO AS TO REPLACE THE TERM "CREDITOR" WITH THE TERM "PERSON"; TO AMEND SECTION 37-1-302, RELATING TO THE DEFINITION OF THE "FEDERAL CONSUMER CREDIT PROTECTION ACT", SO AS TO REMOVE THE REFERENCE TO THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM; TO AMEND SECTION 37-2-102, RELATING TO THE SCOPE OF CHAPTER 2 OF THE CONSUMER PROTECTION CODE, SO AS TO APPLY CERTAIN PROVISIONS TO THE SALE OF MOTOR VEHICLES; TO AMEND SECTION 37-2-305, RELATING TO FILING AND POSTING THE MAXIMUM RATE SCHEDULE, SO AS TO REMOVE THE PROVISION REQUIRING THE DEPARTMENT OF CONSUMER AFFAIRS TO MAINTAIN A FILE FOR EACH CREDITOR'S ORIGINAL AND ALL REVISED MAXIMUM RATE SCHEDULES, AMONG OTHER THINGS; TO AMEND SECTION 37-3-305, RELATING TO FILING AND POSTING A MAXIMUM RATE SCHEDULE, SO AS TO REMOVE THE PROVISION REQUIRING THE DEPARTMENT OF CONSUMER AFFAIRS TO MAINTAIN A FILE FOR EACH CREDITOR'S ORIGINAL AND ALL REVISED MAXIMUM RATE SCHEDULES, AMONG OTHER THINGS; TO AMEND SECTION 37-5-102, RELATING TO THE SCOPE OF CHAPTER 5 OF THE CONSUMER PROTECTION CODE, SO AS TO EXTEND THE PROVISIONS OF THE CHAPTER TO OTHER TRANSACTIONS GOVERNED BY TITLE 37; TO AMEND SECTION 37-6-102, RELATING TO THE APPLICABILITY OF CHAPTER 6, TITLE 37, SO AS TO APPLY THE PROVISIONS OF THE CHAPTER TO A PERSON WHO IS SUBJECT TO TITLE 37 OR AN ACTION OF THE ADMINISTRATOR; TO AMEND SECTION 37-6-107, RELATING TO THE APPLICATION OF CHAPTER 6 TO ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW, SO AS TO REMOVE THE REFERENCE TO PART FOUR OF CHAPTER 6 AND INSERT THAT THE ADMINISTRATIVE PROCEDURES ACT APPLIES TO AND GOVERNS ALL ADMINISTRATIVE ACTIONS TAKEN PURSUANT TO THE CHAPTER; TO AMEND SECTION 37-6-108, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS, SO AS TO REMOVE LANGUAGE REQUIRING AN ADMINISTRATOR TO BRING AN ACTION BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-6-110, RELATING TO INJUNCTIONS AGAINST VIOLATIONS OF THE CONSUMER PROTECTION CODE, SO AS TO REPLACE THE TERM "CREDITOR" WITH THE TERM "PERSON"; TO AMEND SECTION 37-6-113, RELATING TO CIVIL ACTIONS BY THE ADMINISTRATOR, SO AS TO REPLACE THE TERM "CREDITOR" WITH THE TERM "RESPONDENT"; TO AMEND SECTION 37-6-115, RELATING TO REMEDIES AVAILABLE UNDER THE CONSUMER PROTECTION CODE, SO AS TO REPLACE THE TERM "DEBTORS" WITH THE TERM "CONSUMERS"; AND TO AMEND SECTION 37-6-118, RELATING TO INVESTIGATION OF UNFAIR TRADE PRACTICES IN CONSUMER TRANSACTIONS, SO AS TO UPDATE THE PROCEDURES AVAILABLE TO A PERSON AGGRIEVED BY AN ORDER OF THE ADMINISTRATOR.
Referred to Committee on Labor, Commerce and Industry
H. 5041 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 24-21-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF PAROLE, PARDON, AND CLEMENCY HEARINGS, SO AS TO PROVIDE THAT ALL TESTIMONY PRESENTED AT A PAROLE HEARING MUST BE TAKEN UNDER OATH, AND THAT A POTENTIAL PAROLEE BEING CONSIDERED FOR PAROLE OR THEIR COUNSEL HAS A RIGHT TO CONFRONT ANY WITNESS THAT APPEARS BEFORE THE BOARD DURING HIS HEARING.
Referred to Committee on Judiciary
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.
Referred to Committee on Judiciary
S. 788 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 48-39-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROVAL OF PERMITS TO ALTER CRITICAL AREAS, SO AS TO ENACT THE "MANAGED TIDAL IMPOUNDMENT PRESERVATION ACT", BY EXEMPTING PROPERTY THAT IS DEEMED ELIGIBLE UNDER A UNITED STATES ARMY CORP OF ENGINEERS' GENERAL PERMIT FROM PERMITTING REQUIREMENTS IN CERTAIN CIRCUMSTANCES AND GRANTING ENFORCEMENT AUTHORITY TO THE COASTAL DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
The roll call of the House of Representatives was taken resulting as follows:
Allison Anthony Atwater Bales Ballentine Bamberg Bernstein Bingham Bowers G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Felder Finlay Forrester Fry Funderburk Gagnon George Gilliard Goldfinch Hardee Hayes Henegan Herbkersman Hill Hiott Hixon Hodges Hosey Howard Jefferson Johnson Jordan Kennedy King Kirby Knight Long Lowe Lucas Mack McEachern McKnight W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Nanney Neal Norman Parks Pope Putnam Ridgeway Riley Rivers Robinson-Simpson Ryhal Sandifer G. M. Smith G. R. Smith J. E. Smith Sottile Southard Spires Stringer Tallon Taylor Tinkler Weeks Wells White Williams Willis
I came in after the roll call and was present for the Session on Thursday, March 3.
Terry Alexander Carl Anderson Jeffrey A. Bradley Shannon Erickson Dan Hamilton Phyllis Henderson Donna Hicks Chip Huggins H. B. "Chip" Limehouse Dwight Loftis Peter McCoy, Jr. Mia S. McLeod Weston Newton Mandy Powers Norrell Michael A. Pitts Todd Rutherford Gary Simrill Leon Stavrinakis Jackson "Seth" Whipper William R. "Bill" Whitmire Richie Yow Richard "Rick" Quinn Jerry Govan Chris Hart
The SPEAKER granted Rep. THAYER a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. TOOLE a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. BEDINGFIELD a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. BRANNON a leave of absence for the due to business reasons.
The SPEAKER granted Rep. OTT a leave of absence for the day due to a prior commitment.
The SPEAKER granted Rep. GAMBRELL a leave of absence for the day due to a prior commitment.
The SPEAKER granted Rep. HORNE a leave of absence for the day.
Reps. HENDERSON and HAMILTON presented to the House the Eastside High School Wrestling Team, coaches, and other school 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. 3177 (Word version)
Date: ADD:
03/03/16 BRADLEY and JOHNSON
Bill Number: H. 4492 (Word version)
Date: ADD:
03/03/16 FINLAY
Bill Number: H. 4493 (Word version)
Date: ADD:
03/03/16 FINLAY
Bill Number: H. 4542 (Word version)
Date: ADD:
03/03/16 BOWERS
Bill Number: H. 4546 (Word version)
Date: ADD:
03/03/16 FINLAY
Bill Number: H. 4994 (Word version)
Date: ADD:
03/03/16 M. S. MCLEOD
Bill Number: H. 4995 (Word version)
Date: ADD:
03/03/16 M. S. MCLEOD
Bill Number: H. 5006 (Word version)
Date: ADD:
03/03/16 FELDER
Bill Number: H. 5007 (Word version)
Date: ADD:
03/03/16 FELDER
Bill Number: H. 5024 (Word version)
Date: ADD:
03/03/16 FUNDERBURK
The SPEAKER granted Rep. BINGHAM a leave of absence for the remainder of the day.
The SPEAKER granted Rep. WILLIAMS a leave of absence for the remainder of the day.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 4941 (Word version) -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-20-90 SO AS TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO DEVELOP AND ADOPT A STATEWIDE PROGRAM FOR IDENTIFYING FISCAL PRACTICES AND BUDGETARY CONDITIONS THAT, IF UNCORRECTED, COULD COMPROMISE THE FISCAL INTEGRITY OF A SCHOOL DISTRICT AND FOR ADVISING THE DISTRICT ON HOW TO TAKE APPROPRIATE CORRECTIVE ACTIONS, AND TO DIRECT THE DEPARTMENT TO PROMULGATE EMERGENCY REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS SECTION; AND BY ADDING SECTION 59-20-95 SO AS TO REQUIRE THE STATE AUDITOR TO ADOPT THE STATEWIDE PROGRAM CREATED BY THE DEPARTMENT OF EDUCATION IN SECTION 59-20-90 AND USE IT TO IDENTIFY FISCAL PRACTICES AND BUDGETARY CONDITIONS THAT, IF UNCORRECTED, COULD COMPROMISE THE FISCAL INTEGRITY OF A STATE AGENCY THAT IS ALSO A LOCAL EDUCATION AGENCY AND TO ADVISE THE STATE AGENCY THAT IS ALSO A LOCAL EDUCATION AGENCY ON HOW TO TAKE APPROPRIATE CORRECTIVE ACTIONS, AND TO PROVIDE EXCEPTIONS TO ENABLE THE STATE AUDITOR TO DIRECT THE DEPARTMENT TO IMMEDIATELY ASSUME EMERGENCY MANAGEMENT OF THE STATE AGENCY THAT IS ALSO A LOCAL EDUCATION AGENCY FOR WHICH IT HAS MADE A DECLARATION OF FISCAL CAUTION OR FISCAL EMERGENCY, TO CONTINUE THIS EMERGENCY MANAGEMENT OF THE LOCAL EDUCATION AGENCY UNTIL THE STATE AUDITOR RELEASES THE STATE AGENCY THAT IS ALSO A LOCAL EDUCATION AGENCY FROM THE DECLARATION OF FISCAL CAUTION OR FISCAL EMERGENCY, AS APPLICABLE, AND TO DIRECT THE STATE AUDITOR TO PROMULGATE EMERGENCY REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS SECTION.
H. 4743 (Word version) -- Reps. Bedingfield, Dillard, Robinson-Simpson and Henderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-935 SO AS TO PROVIDE THAT THE LAND OWNED AND MANAGED BY THE CONESTEE FOUNDATION AND KNOWN AS LAKE CONESTEE NATURE PARK IS DECLARED TO BE A WILDLIFE SANCTUARY.
H. 4876 (Word version) -- Reps. V. S. Moss, Corley, Knight, Southard, Ott, Chumley, Hiott, Hixon, Hodges and J. E. Smith: A BILL TO AMEND SECTION 50-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GEOGRAPHICAL BOUNDARIES FOR CERTAIN BODIES OF WATER, SO AS TO PROVIDE GEOGRAPHIC BOUNDARIES FOR THE PORTION OF THE INTRACOASTAL WATERWAY LOCATED IN HORRY COUNTY AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 50-5-1556, RELATING TO LOCATIONS WHERE STRIPED BASS MAY BE TAKEN, SO AS TO REVISE THE PERIODS OF TIME WHEN STRIPED BASS MAY BE TAKEN IN VARIOUS BODIES OF WATER; AND TO AMEND SECTION 50-13-230, AS AMENDED, RELATING TO THE TAKING OF STRIPED BASS WITHIN VARIOUS BODIES OF WATER, SO AS TO REVISE THE PERIOD OF TIME WHEN STRIPED BASS MAY BE TAKEN WITHIN VARIOUS BODIES OF WATER, TO PROVIDE FOR LIMITS FOR THE TAKING OF STRIPED BASS WITHIN VARIOUS BODIES OF WATER, TO PROVIDE FOR THE TAKING OF STRIPED BASS IN THE SANTEE RIVER, AND TO DELETE THE PROVISION THAT REQUIRES THE DEPARTMENT OF NATURAL RESOURCES TO CONDUCT A STUDY OF THE STRIPED BASS FISHERY ON THE SANTEE AND COOPER RIVER SYSTEMS.
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. 975 (Word version) -- Senators L. Martin and Hutto: A BILL TO AMEND SUBSECTION (B) OF SECTION 42-3-20 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, SO AS TO PROVIDE THAT THE GOVERNOR MAY REAPPOINT A PERSON AS CHAIRMAN OF THE WORKERS' COMPENSATION COMMISSION, AND TO FURTHER PROVIDE THAT THE COMMISSION IS NOT REQUIRED TO ELECT A CHAIRMAN FROM AMONG ITS MEMBERS IN THE EVENT THE GOVERNOR DOES NOT APPOINT OR REAPPOINT A CHAIRMAN.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 1076 (Word version) -- Senator Hembree: A BILL TO AMEND SECTION 48-39-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO UTILIZE CRITICAL AREAS, SO AS TO ESTABLISH THAT AN INDIVIDUAL DOES NOT NEED TO APPLY FOR A PERMIT TO DREDGE A MANMADE, PREDOMINATELY ARMORED, RECREATIONAL USE OR ESSENTIAL ACCESS CANAL.
The following Bill was taken up:
H. 4940 (Word version) -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-3-110 SO AS TO PROVIDE FOR THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE OFFICE OF TRANSFORMATION WITHIN THE SOUTH CAROLINA DEPARTMENT OF EDUCATION.
Reps. ALLISON, LUCAS and MERRILL proposed the following Amendment No. 1 to H. 4940 (COUNCIL\MS\4940C001.MS.AHB16), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 15, Chapter 18, Title 59 of the 1976 Code is amended by adding:
"Section 59-18-1575. The Department of Education shall implement the provisions of this section through the Office of Transformation. The office shall provide technical assistance to underperforming schools and districts as directed by the Superintendent of Education. Underperforming schools and districts are identified with a rating of below average or at risk on the most recent annual school report card or with the lowest percentages of students meeting state standards on state assessments on the most recent state assessments or with the lowest high school graduation rates. Assistance includes, but is not limited to:
(1) implementation of the external review team process;
(2) a diagnostic review of operations and academics that must include a leadership capacity report;
(3) a review of five systems consisting of mission/vision, governance, teaching and learning, resource allocation, and continuous improvement practices;
(4) an analysis of student achievement data; and
(5) an analysis of culture and climate including stakeholder surveys."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. ALLISON explained the amendment.
The amendment was then adopted.
Rep. MERRILL 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:
Allison Anthony Atwater Bales Ballentine Bamberg Bowers Bradley R. L. Brown Burns Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Erickson Felder Forrester Fry Funderburk Gagnon George Gilliard Goldfinch Hamilton Hardee Hayes Henegan Herbkersman Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King Kirby Knight Loftis Long Lowe Lucas Mack McCoy McEachern McKnight M. S. McLeod W. J. McLeod Merrill D. C. Moss V. S. Moss Nanney Neal Newton Norman Parks Pope Putnam Ridgeway Riley Rivers Robinson-Simpson Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Tinkler Weeks Wells Whipper Whitmire Willis Yow
Those who voted in the negative are:
Hill
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber meeting with Midway Elementary school students from my district and missed the vote on H. 4940. If I had been present, I would have voted in favor of the Bill.
Rep. Brian White
On motion of Rep. ALLISON, with unanimous consent, it was ordered that H. 4940 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4262 (Word version) -- Reps. Erickson, M. S. McLeod, Collins and Long: A BILL TO AMEND SECTION 63-13-825, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAINING FOR FAMILY CHILDCARE HOME OPERATORS AND EMPLOYEES, SO AS TO REQUIRE ADDITIONAL TRAINING; TO AMEND SECTION 63-13-830, RELATING TO STATEMENTS OF REGISTRATION FOR FAMILY CHILDCARE HOMES, SO AS TO PROVIDE ADDITIONAL AUTHORITY OF THE DEPARTMENT OF SOCIAL SERVICES AND RIGHTS OF FAMILY CHILDCARE HOMES; AND TO AMEND SECTION 63-13-850, RELATING TO APPEALS OF DECISIONS TO WITHDRAW A STATEMENT OF REGISTRATION OF A FAMILY CHILDCARE HOME, SO AS TO ALSO ADDRESS APPEALS OF DECISIONS TO DENY AN APPLICATION FOR A STATEMENT OR RENEWAL OF REGISTRATION.
Rep. SPIRES moved to adjourn debate on the Bill until Tuesday, March 8, which was agreed to.
The following Bill was taken up:
H. 4542 (Word version) -- Reps. McKnight, Clyburn, Cobb-Hunter, Hill, King, Whipper and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 65 TO TITLE 44 TO ENACT THE "EXPERIMENTAL HEALTH CARE TREATMENT LAW" SO AS TO AUTHORIZE ACCESS TO EXPERIMENTAL TREATMENTS FOR PATIENTS WITH AN ADVANCED ILLNESS, TO ESTABLISH CONDITIONS FOR USE OF EXPERIMENTAL TREATMENTS, TO PROHIBIT PROFESSIONAL DISCIPLINE AND OTHER SANCTIONS OF HEALTH CARE PROVIDERS SOLELY FOR RECOMMENDING OR PROVIDING AN EXPERIMENTAL TREATMENT, TO CLARIFY DUTIES OF A HEALTH INSURER WITH REGARD TO EXPERIMENTAL TREATMENTS AUTHORIZED BY THIS CHAPTER, TO PROHIBIT CERTAIN ACTIONS BY STATE OFFICIALS, EMPLOYEES, AND AGENTS, TO RESTRICT CERTAIN CAUSES OF ACTION ARISING FROM THE USE OF EXPERIMENTAL TREATMENTS, AND FOR OTHER PURPOSES.
The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 to H. 4542 (COUNCIL\BH\ 4542C001.BH.VR16), which was adopted:
Amend the bill, as and if amended, SECTION 2, page 4, by striking Section 44-65-60 and inserting:
/ Section 44-65-60. An official, employee, or agent of this State must not deny, or attempt to deny, an eligible patient lawful access to an investigational drug, biological product, or device. Counseling, advice, or a recommendation consistent with medical standards of care from a licensed health care provider is not a violation of this section. /
Renumber sections to conform.
Amend title to conform.
Rep. MCKNIGHT explained the amendment.
The amendment was then adopted.
Rep. ATWATER spoke against the Bill.
Rep. MCKNIGHT spoke in favor of the Bill.
Rep. NEAL 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:
Anderson Anthony Bales Bamberg Bernstein Bowers Bradley G. A. Brown R. L. Brown Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Collins Daning Delleney Dillard Douglas Duckworth Erickson Felder Fry Funderburk Gagnon George Gilliard Goldfinch Hardee Henegan Herbkersman Hill Hodges Howard Jefferson Johnson Jordan King Lucas Mack McCoy McEachern McKnight M. S. McLeod W. J. McLeod Merrill Neal Norman Norrell Parks Pope Putnam Ridgeway Robinson-Simpson Ryhal Sandifer Simrill G. M. Smith J. E. Smith Spires Stavrinakis Stringer Tallon Taylor Tinkler Weeks Whipper White Whitmire Yow
Those who voted in the negative are:
Allison Atwater Ballentine Burns H. A. Crawford Finlay Forrester Hamilton Henderson Hiott Hixon Hosey Huggins Kennedy Loftis Long Lowe D. C. Moss V. S. Moss Nanney Riley G. R. Smith Sottile Southard Willis
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 4982 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO UNDERGROUND STORAGE TANK CONTROL REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4565, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. CHUMLEY spoke in favor of the Joint Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Atwater Bales Ballentine Bamberg Bernstein Bowers Bradley G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Fry Funderburk Gagnon George Gilliard Goldfinch Hamilton Hardee Henderson Henegan Herbkersman Hill Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King Kirby Knight Loftis Long Lowe Lucas Mack McCoy McEachern McKnight M. S. McLeod W. J. McLeod Merrill D. C. Moss V. S. Moss Nanney Neal Newton Norman Norrell Parks Pope Putnam Ridgeway Riley Rivers Robinson-Simpson Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Tinkler Weeks Whipper White Whitmire Willis Yow
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
On motion of Rep. CHUMLEY, with unanimous consent, it was ordered that H. 4982 (Word version) be read the third time tomorrow.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. HODGES moved that the House recur to the morning hour, which was agreed to.
The following Joint Resolution was taken up:
H. 4983 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WELL STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4571, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. CHUMLEY spoke in favor of the Joint Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Atwater Bales Ballentine Bernstein Bowers Bradley R. L. Brown Burns Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Erickson Finlay Forrester Fry Funderburk Gagnon George Gilliard Goldfinch Hardee Henderson Henegan Herbkersman Hicks Hill Hixon Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King Kirby Knight Loftis Lowe Lucas McCoy McEachern McKnight M. S. McLeod W. J. McLeod Merrill D. C. Moss V. S. Moss Nanney Neal Newton Norman Norrell Parks Pope Putnam Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sandifer G. M. Smith G. R. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Tinkler Weeks White Whitmire Willis
Those who voted in the negative are:
Yow
So, the Joint Resolution was read the second time and ordered to third reading.
On motion of Rep. CHUMLEY, with unanimous consent, it was ordered that H. 4983 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4994 (Word version) -- Reps. Bernstein, Herbkersman and M. S. McLeod: A BILL TO AUTHORIZE COUNTIES AND MUNICIPALITIES TO CREATE SPECIAL TAX DISTRICTS TO ADDRESS PUBLIC AND PRIVATE INFRASTRUCTURE DAMAGED BY THE FLOODING IN OCTOBER 2015.
Rep. HERBKERSMAN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4995 (Word version) -- Reps. Bernstein, Herbkersman and M. S. McLeod: A BILL TO AUTHORIZE COUNTIES AND MUNICIPALITIES TO CREATE A TAX INCREMENT FINANCING SYSTEM TO REDEVELOP PUBLIC AND PRIVATE INFRASTRUCTURE DAMAGED BY THE FLOODING IN OCTOBER 2015.
Rep. BERNSTEIN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
On motion of Rep. WHITE, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:
S. 1049 (Word version) -- Senators Massey and Setzler: A BILL TO AMEND ARTICLE 13, CHAPTER 47, TITLE 33 OF THE 1976 CODE, RELATING TO MARKETING COOPERATIVE ASSOCIATIONS, BY ADDING SECTION 33-47-1160 TO ALLOW ASSOCIATIONS WITHIN TWO YEARS OF EXPIRATION TO SEEK REINSTATEMENT FROM THE SECRETARY OF STATE.
On motion of Rep. MERRILL, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means and was referred to the Committee on Labor, Commerce and Industry:
H. 4967 (Word version) -- Reps. Atwater, Allison, Ballentine, Bannister, Bedingfield, Brannon, Burns, Chumley, Collins, Erickson, Finlay, Forrester, Gambrell, Goldfinch, Hamilton, Henderson, Hicks, Huggins, Jordan, White, Kennedy, Loftis, Long, McCoy, Murphy, Norman, Pitts, Pope, Rivers, Sandifer, Simrill, G. R. Smith, J. E. Smith, Spires, Tallon, Taylor and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "BUSINESS LICENSE COMPLIANCE REFORM ACT"; AND TO AMEND SECTION 6-1-315, AS AMENDED, RELATING TO THE IMPOSITION OF A BUSINESS LICENSE TAX, SO AS TO PROVIDE THAT A LOCAL GOVERNING BODY SHALL HOLD A PUBLIC HEARING BEFORE ADOPTING ANY BUSINESS LICENSE TAX ORDINANCE, TO PROVIDE THAT A PERSON IS ONLY SUBJECT TO ONE BUSINESS LICENSE TAX, TO REQUIRE THE DEPARTMENT OF REVENUE TO COLLECT THE TAX, TO PROVIDE THAT THE TAX IS DUE ON FEBRUARY FIRST OF EACH YEAR AND MUST BE ABLE TO BE PAID ONLINE, TO PROVIDE THAT A LOCAL GOVERNING BODY MUST USE CERTAIN FORMS, DATES, FORMULAS, AND PENALTIES, TO PROVIDE FOR AN APPEALS PROCESS, TO PROVIDE THAT A BUSINESS IS NOT LIABLE FOR THE BUSINESS LICENSE TAX OF ANOTHER BUSINESS WITH WHICH IT CONTRACTS, AND TO PROVIDE EXCEPTIONS.
On motion of Rep. STRINGER, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works and was referred to the Committee on Invitations and Memorial Resolutions:
H. 4150 (Word version) -- Reps. Long and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-210 SO AS TO DESIGNATE THE SEVENTEENTH DAY OF SEPTEMBER OF EACH YEAR AS "UNITED STATES CONSTITUTION DAY".
The following Bill was taken up:
H. 4537 (Word version) -- Reps. Henderson, Atwater, Horne, Allison, Clary, Daning, Forrester, Collins, Hiott, Duckworth, Yow, Clemmons, Fry, Johnson, Rivers, Goldfinch, Hicks, Whitmire, Sandifer, Huggins, Toole, Newton, Hixon, Crosby, Southard, Hamilton, Simrill, Kennedy, Erickson, Long and Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3685 SO AS TO ALLOW AN INCOME TAX CREDIT FOR CONTRIBUTIONS TO A SCHOLARSHIP FUNDING ORGANIZATION THAT PROVIDES GRANTS FOR STUDENTS TO ATTEND CERTAIN INDEPENDENT SCHOOLS, TO SPECIFY THE MANNER IN WHICH THE CREDIT IS CLAIMED, TO SPECIFY THE PROCESS BY WHICH CERTAIN ORGANIZATIONS AND SCHOOLS BECOME ELIGIBLE, TO SPECIFY CERTAIN INFORMATION WHICH MUST BE MADE PUBLIC, AND TO ALLOW THE DEPARTMENT OF REVENUE TO ENFORCE THE PROVISIONS OF THE CREDIT.
Rep. ANTHONY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Atwater Bales Ballentine Bamberg Bernstein Bowers Bradley G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Erickson Finlay Forrester Fry Funderburk Gagnon George Gilliard Goldfinch Hamilton Hardee Henderson Henegan Hicks Hill Hiott Hixon Hodges 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 Nanney Neal Newton Norrell Parks Pope Putnam Quinn Ridgeway Riley Robinson-Simpson Rutherford Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Tinkler Weeks Whipper White Whitmire Willis Yow
Those who voted in the negative are:
The Bill was read the third time and ordered sent to the Senate.
The following Bill was taken up:
H. 4701 (Word version) -- Reps. Pitts, White, G. M. Smith, Simrill, Willis, Hardee, Corley, Duckworth, Fry, Goldfinch, Jordan, Erickson, Delleney, Long, Lowe, Sandifer, McCoy, Newton, Herbkersman, Bradley, Bowers, Finlay, Huggins, Hicks, Johnson, Hixon, Taylor, Loftis, Burns, G. R. Smith, Yow, Limehouse and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "SECOND AMENDMENT PRESERVATION ACT" AND TO PROVIDE THAT THE STATE SHALL NOT ENFORCE CERTAIN LAWS, RULES, OR REGULATIONS THAT LIMIT THE RIGHT OF A PERSON TO OWN, POSSESS, OR USE A FIREARM, AMMUNITIONS, OR FIREARM ACCESSORIES, ACCEPT CERTAIN FEDERAL FUNDS THAT REQUIRE FIREARMS TO BE REGISTERED OR CONFISCATED, OR EXPEND ANY STATE FUNDS TOWARD THE ENFORCEMENT OF CERTAIN FEDERAL LAWS, RULES, OR REGULATIONS THAT REQUIRE FIREARMS TO BE REGISTERED OR CONFISCATED.
Rep. WHIPPER spoke against the Bill.
Rep. MACK spoke against the Bill.
Rep. BAMBERG spoke against the Bill.
Rep. W. J. MCLEOD spoke against the Bill.
Rep. JEFFERSON spoke against the Bill.
Rep. W. J. MCLEOD moved to adjourn debate on the Bill until Wednesday, March 9.
Rep. PITTS moved to table the motion.
Rep. G. R. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Anthony Atwater Bales Ballentine Bradley Burns Chumley Clary Clemmons Collins H. A. Crawford Crosby Daning Delleney Duckworth Erickson Finlay Forrester Fry Funderburk Gagnon George Goldfinch Hamilton Hardee Henderson Herbkersman Hicks Hill Hiott Hixon Johnson Jordan Kennedy Limehouse Loftis Lowe Lucas McCoy Merrill D. C. Moss V. S. Moss Nanney Newton Norman Pitts Pope Putnam Riley Rivers Ryhal Sandifer Simrill G. M. Smith G. R. Smith Sottile Southard Stringer Tallon Taylor White Whitmire Willis Yow
Those who voted in the negative are:
Alexander Anderson Bamberg Bernstein Bowers R. L. Brown Clyburn Cobb-Hunter Gilliard Henegan Hodges Hosey Howard Jefferson King Kirby Mack McKnight M. S. McLeod W. J. McLeod Neal Parks Ridgeway Robinson-Simpson Stavrinakis Tinkler Weeks Whipper
So, the motion to adjourn debate was tabled.
Rep. COBB-HUNTER spoke against the Bill.
The question then recurred to the passage of the Bill.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Anthony Atwater Bales Ballentine Bradley Burns Chumley Clary Clemmons Cole Collins Crosby Daning Delleney Duckworth Erickson Felder Finlay Forrester Fry Funderburk Gagnon Goldfinch Hamilton Hardee Henderson Herbkersman Hicks Hill Hiott Hixon Johnson Jordan Kennedy Limehouse Loftis McCoy D. C. Moss V. S. Moss Nanney Newton Norman Norrell Pitts Pope Putnam Quinn Riley Rivers Ryhal Sandifer Simrill G. M. Smith G. R. Smith Sottile Southard Stringer Tallon Taylor White Whitmire Willis Yow
Those who voted in the negative are:
Alexander Anderson Bamberg Bernstein Bowers R. L. Brown Clyburn Cobb-Hunter Gilliard Henegan Hodges Hosey Howard Jefferson King Kirby Mack McEachern McKnight M. S. McLeod W. J. McLeod Neal Parks Ridgeway Robinson-Simpson J. E. Smith Stavrinakis Tinkler Weeks Whipper
The Bill was read the third time and ordered sent to the Senate.
I was temporarily out of the Chamber because my wife, Ginger, was unwell and I missed the vote giving 3rd reading on H. 4701. If I had been present, I would have voted in favor of passage of H. 4701 and I voted in favor of it on 2nd reading also.
Rep. Chip Huggins
The following Bill was taken up:
H. 4943 (Word version) -- Reps. Hixon, Hiott, Knight, Kirby and Ott: A BILL TO AMEND SECTION 50-9-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF ANNUAL INDIVIDUAL ANTERLESS DEER TAGS, SO AS TO REVISE THE PROCEDURE WHEREBY THE DEPARTMENT OF NATURAL RESOURCES ISSUES AND CHARGES A PERSON FOR THE PRIVILEGE OF HUNTING AND TAKING DEER IN THIS STATE; TO AMEND SECTION 50-9-920, AS AMENDED, RELATING TO THE COLLECTION AND DISPOSITION OF REVENUES GENERATED FROM THE SALE OF HUNTING AND FISHING LICENSES, PERMITS, AND TAGS, SO AS TO SUBSTITUTE THE TERM "ANTLERLESS DEER QUOTA PERMIT" FOR THE TERM "DEER QUOTA PROGRAM PERMIT", AND TO PROVIDE FOR THE DISTRIBUTION OF REVENUES COLLECTED FROM THE SALE OF NONRESIDENT ANTLERED DEER TAGS AND RESIDENT ANTLER RESTRICTION INDIVIDUAL ANTLERED DEER TAGS; BY ADDING SECTION 50-11-315 SO AS TO PROVIDE BAG LIMITS FOR ANTLERED DEER AND DEER TAKEN WITH A DEER QUOTA PROGRAM PERMIT; BY ADDING SECTION 50-11-320 SO AS TO PROVIDE THE PROCEDURE WHEREBY THE DEPARTMENT OF NATURAL RESOURCES ISSUES TAGS FOR THE HUNTING OF DEER, TO REGULATE THE HUNTING OF DEER, AND TO PROVIDE PENALTIES; TO AMEND SECTION 50-11-390, AS AMENDED, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES' REGULATION OF GAME ZONES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY PROMULGATE REGULATIONS, TO PROVIDE FOR THE ESTABLISHMENT OF ANTERLESS DAYS, AND TO PROVIDE FOR THE REGULATION OF THE DEER QUOTA PROGRAM; TO REPEAL SECTION 50-11-335 RELATING TO BAG LIMITS ESTABLISHED FOR ANTLERED DEER; AND TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES SHALL PROVIDE THE GENERAL ASSEMBLY A REPORT ON THE STATUS OF THE STATE'S WHITE-TAILED DEER POPULATION.
The Bill was read the third time and ordered sent to the Senate.
Rep. ANTHONY moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 5019 (Word version) -- Reps. Hart, 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, 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 CONCURRENT RESOLUTION TO COMMEND RIGHT DIRECTION CHURCH INTERNATIONAL OF COLUMBIA FOR TWO DECADES OF SERVICE TO THE PEOPLE OF SOUTH CAROLINA AND TO EXTEND WARMEST CONGRATULATIONS ON THE OCCASION OF THE CHURCH'S TWENTIETH ANNIVERSARY.
H. 3471 (Word version) -- Reps. Yow, Lucas and Henegan: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 9 IN CHESTERFIELD COUNTY FROM ITS INTERSECTION WITH EAST CATO STREET TO AIRPORT ROAD "SCHP PATROLMAN H. M. SMITH MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THIS DESIGNATION.
H. 4296 (Word version) -- Rep. Hardee: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES GRIER SWAMP ALONG HIGHWAY S-26-65 IN HORRY COUNTY "OSCAR CAUSEY MEMORIAL BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THIS DESIGNATION.
At 12:13 p.m. the House, in accordance with the motion of Rep. H. A. CRAWFORD, adjourned in memory of the Honorable Kay Loftus of Myrtle Beach, to meet at 10:00 a.m. tomorrow.
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