South Carolina General Assembly
118th Session, 2009-2010
Journal of the House of Representatives


Printed Page 4865 . . . . . Wednesday, May 26, 2010

Wednesday, May 26, 2010
(Statewide Session)

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 Proverbs 16:8: "Better a little with righteousness than much gain with injustice."
Let us pray. Almighty God, we come now as Your humble servants and the servants of the people. Use these Representatives and staff as they hammer out the details of the agenda set before them. Make them confident in the decisions to be made, that all may show glory and praise to You, mighty God. By Your mercy and compassion, show Your caring for our Country, State, and all those charged with leadership. Protect our defenders of freedom at home and abroad and provide Your healing to our wounded warriors. Hear us, O Lord, as we pray. 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.

MOTION ADOPTED

Rep. GAMBRELL moved that when the House adjourns, it adjourn in memory of Seth Craft of Honea Path, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

S. 484 (Word version) -- Senators Sheheen and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-68-95 SO AS TO PROVIDE DE MINIMIS OPERATIONS LICENSURE REQUIREMENTS FOR NONRESIDENT PROFESSIONAL EMPLOYER ORGANIZATIONS AND GROUPS; TO AMEND SECTION 40-68-30, AS AMENDED,


Printed Page 4866 . . . . . Wednesday, May 26, 2010

RELATING TO LICENSURE REQUIREMENTS FOR PROFESSIONAL EMPLOYER ORGANIZATIONS, SO AS TO INCREASE APPLICATION FEES AND TO REQUIRE AN APPLICATION FEE FOR EACH COMPANY IN A PROFESSIONAL EMPLOYER ORGANIZATION GROUP; TO AMEND SECTION 40-68-40, AS AMENDED, RELATING TO QUALIFICATIONS TO BE LICENSED AS A PROFESSIONAL EMPLOYER ORGANIZATION AND QUALIFICATIONS TO SERVE AS A CONTROLLING PERSON OF A LICENSEE, SO AS TO DELETE A PROVISION AUTHORIZING ISSUANCE OF A NONRESIDENT RESTRICTED LICENSE WITHOUT THE REQUISITE TWO YEARS EXPERIENCE, TO MAKE TECHNICAL CORRECTIONS, AND TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 40-68-45, RELATING TO CONTINUING EDUCATION, SO AS TO PROVIDE THAT THE HOLDER OF A DE MINIMIS OPERATIONS LICENSE IS NOT REQUIRED TO TAKE CONTINUING EDUCATION, TO REVISE THE DEFINITION OF "KEY PERSONNEL" FOR CERTAIN PURPOSES, AND TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 40-68-50, AS AMENDED, RELATING TO LICENSURE AND RENEWAL FEES, SO AS TO REVISE INITIAL AND RENEWAL LICENSE FEES, TO DELETE NONRESIDINT PROFESSIONAL EMPLOYER ORGANIZATION LICENSE AND RENEWAL LICENSE FEES, AND TO DELETE PROVISIONS STATING MAXIMUM LICENSURE FEES; TO AMEND SECTION 40-68-90, AS AMENDED, RELATING TO RESTRICTED LICENSURE OF NONRESIDENT COMPANIES AND GROUPS, SO AS TO REVISE THE REQUIREMENTS FOR A RESTRICTED LICENSE AND TO AUTHORIZE THE DEPARTMENT OF CONSUMER AFFAIRS TO WAIVE THE AUDITED FINANCIAL STATEMENT REQUIREMENT FOR SUCH APPLICANTS; TO AMEND SECTION 40-68-100, AS AMENDED, RELATING TO ISSUANCE AND VALIDITY OF LICENSES, SO AS TO CLARIFY THE INITIAL LICENSURE PERIOD; TO AMEND SECTION 40-68-120, AS AMENDED, RELATING TO REQUIREMENTS FOR VARIOUS BENEFIT PROGRAMS FOR LICENSEES, INCLUDING WORKERS' COMPENSATION PLANS AND HEALTH BENEFIT PLANS, SO AS TO REQUIRE BOTH PLANS TO BE LICENSED WITH THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 40-68-140, AS AMENDED, RELATING TO REQUIREMENTS FOR LICENSEE NAME AND LOCATION


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CHANGES, SO AS TO ALSO REQUIRE A LICENSEE TO PROVIDE THE DEPARTMENT WITH OTHER CHANGES IN STATUS AS MAY BE REQUIRED; TO AMEND SECTION 40-68-160, AS AMENDED, RELATING TO GROUNDS FOR DISCIPLINARY ACTION AND DISCIPLINARY PROCEDURES, SO AS TO FURTHER SPECIFY PROCEDURES FOR PURSUING A CONTESTED CASE; TO AMEND SECTION 40-68-165, AS AMENDED, RELATING TO THE DEPARTMENT OF CONSUMER AFFAIRS OR THE ATTORNEY GENERAL ENFORCING THIS CHAPTER BY FILING AN ACTION IN THE CIRCUIT COURT, SO AS TO ALSO AUTHORIZE FILING AN ACTION IN THE ADMINISTRATIVE LAW COURT; AND TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE PROHIBITION AGAINST DISCLOSING RECORDS OF AND RETURNS FILED WITH THE DEPARTMENT OF REVENUE AND EXCEPTIONS TO THIS PROHIBITION, SO AS TO INCLUDE IN THIS EXCEPTION THE DISCLOSURE OF INFORMATION RELATED TO PAYROLL WITHHOLDING TAXES TO THE DEPARTMENT OF CONSUMER AFFAIRS IN CONJUNCTION WITH THE DEPARTMENT LICENSING AND REGULATION OF PROFESSIONAL EMPLOYER ORGANIZATIONS.
Ordered for consideration tomorrow.

Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

S. 1148 (Word version) -- Senator Cleary: A BILL TO AMEND CHAPTER 65, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF PROFESSIONAL SOIL CLASSIFIERS, SO AS TO CONFORM THIS CHAPTER TO THE ORGANIZATIONAL STATUTORY FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO PROVIDE THAT PERSONS ENGAGING IN PROFESSIONAL SOIL CLASSIFICATION MUST BE LICENSED, RATHER THAN REGISTERED; TO REVISE QUALIFICATIONS FOR LICENSURE; TO PROVIDE GRANDFATHERING PROVISIONS FOR REGISTERED PROFESSIONAL SOIL CLASSIFIERS TO BECOME LICENSED PROFESSIONAL SOIL CLASSIFIERS UPON THE NEXT RENEWAL OF THE PERSON'S REGISTRATION; AND TO


Printed Page 4868 . . . . . Wednesday, May 26, 2010

FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PROFESSIONAL SOIL CLASSIFIERS.
Ordered for consideration tomorrow.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Agnew                  Allen                  Allison
Anderson               Anthony                Bales
Ballentine             Bannister              Barfield
Bedingfield            Bingham                Bowen
Bowers                 Brady                  Branham
Brantley               G. A. Brown            R. L. Brown
Cato                   Chalk                  Clemmons
Clyburn                Cobb-Hunter            Cole
Cooper                 Crawford               Daning
Delleney               Dillard                Duncan
Edge                   Erickson               Forrester
Frye                   Funderburk             Gambrell
Gilliard               Gunn                   Haley
Hamilton               Hardwick               Harrell
Harrison               Harvin                 Hearn
Herbkersman            Hiott                  Hodges
Hosey                  Hutto                  Jefferson
Kelly                  Kennedy                King
Kirsh                  Limehouse              Littlejohn
Loftis                 Long                   Lowe
Lucas                  Mack                   McEachern
McLeod                 Merrill                Miller
Millwood               Mitchell               D. C. Moss
V. S. Moss             Nanney                 J. M. Neal
Norman                 Ott                    Owens
Parker                 Parks                  Pinson
M. A. Pitts            Rice                   Sandifer
Simrill                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Stewart                Stringer
Thompson               Toole                  Umphlett
Weeks                  Whipper                White

Printed Page 4869 . . . . . Wednesday, May 26, 2010

Whitmire               Williams               Willis
Wylie                  A. D. Young            T. R. Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, May 26.

Terry Alexander                   Boyd Brown
Jerry Govan                       Chris Hart
Jackie Hayes                      Jenny A. Horne
Chip Huggins                      Douglas Jennings
Patsy Knight                      Denny Neilson
Todd Rutherford                   Timothy E. Scott
Ted Vick                          Joseph Neal
Leon Howard                       Bakari Sellers
Thad Viers

Total Present--122

DOCTOR OF THE DAY

Announcement was made that Dr. Beverly Simons of Columbia was the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. ANDERSON presented to the House the Hemingway High School Tigers Boys Varsity Basketball Team, the 2010 Class A Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Rep. BRANHAM presented to the House the Johnsonville High School Varsity Girls Track Team, the 2010 Class A Champions, their coaches and other school officials.

SPEAKER PRO TEMPORE IN CHAIR

S. 1338--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 1338 (Word version) -- Senator Fair: A BILL TO AMEND ACT 432 OF 1947, AS AMENDED, RELATING TO THE GREENVILLE HOSPITAL SYSTEM, ITS CREATION, BOARD, POWERS, AND DUTIES, SO AS TO PROVIDE THAT THE GREENVILLE HOSPITAL SYSTEM


Printed Page 4870 . . . . . Wednesday, May 26, 2010

BOARD OF TRUSTEES MAY ESTABLISH A POLICE DEPARTMENT, EMPLOY POLICE AND SECURITY OFFICERS, AND TO PROVIDE FOR THE POLICE DEPARTMENT'S DUTIES, RESPONSIBILITIES, POWERS, FUNCTIONS, AND JURISDICTION.

Rep. ALLEN proposed the following Amendment No. 1 (COUNCIL\NBD\12424AC10), which was adopted:
Amend the bill, as and if amended, by striking subsection (C) of the unnumbered section added to Act 432 of 1947 as contained in SECTION 1 which begins on line 13 of page 2 and inserting:
/   (C)   The jurisdiction of police officers of the Greenville Hospital System does not extend beyond the boundaries set by the provisions of subsection (A)(3) of this section, and these police officers may not arrest a person outside these boundaries. If the person leaves these boundaries the police officer shall contact the appropriate law enforcement agency to effectuate an arrest.   /
Renumber sections to conform.
Amend title to conform.

Rep. ALLEN explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

ORDERED TO THIRD READING

The following Bill was taken up, read the second time, and ordered to a third reading:

S. 1021 (Word version) -- Senator Massey: A BILL TO AMEND ACT 476 OF 1969, AS AMENDED, RELATING TO THE VALLEY PUBLIC SERVICE AUTHORITY IN AIKEN COUNTY, SO AS TO ADD TWO MEMBERS TO THE GOVERNING BOARD OF THE AUTHORITY AND TO PROVIDE FOR THEIR TERMS AND MANNER OF APPOINTMENT.


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S. 1372--POINT OF ORDER

The following Bill was taken up:

S. 1372 (Word version) -- Senator Leventis: A BILL TO AMEND ACT 387 OF 2008, AS AMENDED, RELATING TO THE CONSOLIDATION OF SUMTER SCHOOL DISTRICTS 2 AND 17, SO AS TO EXTEND THE TERM OF OFFICE FOR MEMBERS THAT ARE SET TO EXPIRE IN 2010; TO PROVIDE THAT THE SUPERINTENDENT OF THE CONSOLIDATED SCHOOL DISTRICT SHALL SELECT AND APPOINT AN ASSISTANT SUPERINTENDENT; AND TO AUTHORIZE THE BOARDS OF TRUSTEES OF SUMTER SCHOOL DISTRICTS 2 AND 17 TO ISSUE GENERAL OBLIGATION BONDS OF THE RESPECTIVE DISTRICTS FOR SCHOOL OPERATING PURPOSES UP TO THE CONSTITUTIONAL DEBT LIMIT OF THE RESPECTIVE DISTRICTS FOR SCHOOL OPERATING PURPOSES, TO PROVIDE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF BONDS.

POINT OF ORDER

Rep. LOWE 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.

ORDERED ENROLLED FOR RATIFICATION

The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:

S. 1224 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT MICHELLE'S LAW BY ADDING SECTIONS 38-71-355 AND 38-71-785 SO AS TO REQUIRE HEALTH INSURANCE ISSUERS TO PERMIT A DEPENDENT CHILD ON A MEDICALLY NECESSARY LEAVE OF ABSENCE FROM A POSTSECONDARY EDUCATIONAL INSTITUTION TO CONTINUE DEPENDENT


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COVERAGE AND TO PROVIDE FOR THE REQUIREMENTS RELATED TO THAT COVERAGE; TO AMEND SECTION 38-71-850, RELATING TO THE DEFINITION OF "CREDITABLE COVERAGE" FOR GROUP HEALTH INSURANCE COVERAGE AND SPECIAL ENROLLMENT IN GROUP HEALTH INSURANCE COVERAGE, BOTH UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, SO AS TO ADD COVERAGE OF AN INDIVIDUAL UNDER THE STATE CHILDREN'S HEALTH INSURANCE PROGRAM AND TO ENACT FEDERAL REQUIREMENTS SET FORTH IN THE CHILDREN'S HEALTH INSURANCE PROGRAM REAUTHORIZATION ACT OF 2009 TO PROVIDE FOR SPECIAL ENROLLMENT OF AN EMPLOYEE OR AN EMPLOYEE'S DEPENDENT IN THE CASE OF TERMINATION OF MEDICAID COVERAGE OR COVERAGE UNDER A STATE CHILDREN'S HEALTH INSURANCE PROGRAM OR THE INDIVIDUAL BECOMING ELIGIBLE FOR ASSISTANCE IN THE PURCHASE OF EMPLOYMENT-BASED COVERAGE; TO AMEND SECTION 38-74-10, AS AMENDED, RELATING TO THE DEFINITION OF "CREDITABLE COVERAGE" FOR THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO ADD COVERAGE OF AN INDIVIDUAL UNDER THE STATE CHILDREN'S HEALTH INSURANCE PROGRAM; TO AMEND SECTIONS 38-90-40, AS AMENDED, 38-90-45, AND 38-90-50, AS AMENDED, RELATING TO CAPITALIZATION REQUIREMENTS FOR CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT THE DIRECTOR OF INSURANCE MAY CONSIDER THE NET AMOUNT OF RISK RETAINED FOR AN INDIVIDUAL RISK WHEN ARRIVING AT A FINDING RELATING TO ADDITIONAL CAPITAL OR NET ASSETS REQUIREMENTS; TO AMEND SECTION 38-90-70, AS AMENDED, RELATING TO REPORTS REQUIRED TO BE SUBMITTED BY A CAPTIVE INSURANCE COMPANY TO THE DIRECTOR, SO AS TO REQUIRE AN ASSOCIATION CAPTIVE INSURANCE COMPANY AND INDUSTRIAL INSURED GROUP TO SUBMIT ITS REPORT IN THE MANNER REQUIRED BY SECTION 38-13-80; TO AMEND SECTION 38-90-80, AS AMENDED, RELATING TO INSPECTIONS AND EXAMINATIONS OF A CAPTIVE INSURANCE COMPANY, SO AS TO PERMIT THE DIRECTOR TO GRANT ACCESS TO, USE, AND MAKE PUBLIC CERTAIN INFORMATION DISCOVERED OR DEVELOPED DURING THE


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COURSE OF AN EXAMINATION; TO AMEND SECTION 38-90-160, AS AMENDED, RELATING TO THE APPLICATION OF THE PROVISIONS OF TITLE 38 TO CAPTIVE INSURANCE COMPANIES, SO AS TO SPECIFY THAT REGULATIONS PROMULGATED PURSUANT TO APPLICABLE STATUTES ALSO APPLY TO CAPTIVE INSURANCE COMPANIES AND TO PROVIDE A LISTING OF THOSE PROVISIONS OF TITLE 38 THAT APPLY TO CERTAIN CAPTIVE INSURANCE COMPANIES; TO AMEND SECTION 38-90-430, AS AMENDED, RELATING TO THE APPLICATION OF THE PROVISIONS OF TITLE 38 TO SPECIAL PURPOSE FINANCIAL CAPTIVES, SO AS TO SPECIFY THAT REGULATIONS PROMULGATED PURSUANT TO APPLICABLE STATUTES ALSO APPLY TO SPECIAL PURPOSE FINANCIAL CAPTIVES; AND TO AMEND CHAPTER 93, TITLE 38, RELATING TO THE PRIVACY OF GENETIC INFORMATION, SO AS TO ENACT FEDERAL REQUIREMENTS SET FORTH IN THE GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 TO PROHIBIT DISCRIMINATION ON THE BASIS OF GENETIC INFORMATION, PROVIDE FOR THE REQUIREMENTS RELATING TO THE COLLECTION OF GENETIC INFORMATION, AND TO PROVIDE FOR THE SCOPE OF THE CHAPTER.

S. 1330 (Word version) -- Senators Peeler and Land: A JOINT RESOLUTION TO PROVIDE THAT IN 2011 AND 2012, THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE FOR VEHICLES IN SUCH MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES IS SIX HUNDRED NINETY-NINE DOLLARS, TO PROVIDE THAT TWENTY DOLLARS OF EACH FEE IS CREDITED TO THE GENERAL FUND OF THE STATE AND THE BALANCE TO LOCAL GOVERNMENTS, AND TO PROVIDE THAT THE ENTIRE FEE AMOUNT BE CREDITED TO THE GENERAL FUND OF THE STATE FOR NONRESIDENT PARTICIPANTS IN THE EMPLOYEE BENEFIT PROGRAM.

S. 962 (Word version) -- Senators Knotts and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-5-115 SO AS TO PROVIDE THE CONDITIONS


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UPON WHICH A DEPUTY CORONER MAY ENFORCE THE LAWS AND ORDINANCES OF THIS STATE AND ITS POLITICAL SUBDIVISIONS.

S. 406 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 40-60-35 OF THE 1976 CODE, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR ASSESSORS, TO REDUCE THE NUMBER OF HOURS OF INSTRUCTION EACH YEAR FOR ASSESSORS WITH AN ACTIVE LICENSE OR CERTIFICATION FROM NINE HOURS TO SEVEN HOURS, AND TO MAKE TECHNICAL CHANGES.

S. 1014 (Word version) -- Senators Jackson, Rose and Ford: A BILL TO AMEND SECTION 33-31-1402, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISSOLUTION OF NONPROFIT CORPORATIONS BY DIRECTORS, MEMBERS, AND THIRD PERSONS, SO AS TO PROVIDE THAT BEFORE THE SECRETARY OF STATE MAY ACCEPT FOR FILING ARTICLES OF DISSOLUTION OF AN EXISTING NONPROFIT RELIGIOUS OR CHARITABLE ORGANIZATION EXECUTED BY A PERSON AUTHORIZED BY THIS SECTION TO TAKE SUCH ACTION, THE SECRETARY OF STATE SHALL REQUIRE THIS PERSON TO ATTACH AN AFFIDAVIT TO THE FILING WHERE THE PERSON UNDER OATH SUBJECT TO A PENALTY OF PERJURY CERTIFIES THAT HE HOLDS THE REQUISITE AUTHORITY TO TAKE SUCH ACTION.

S. 1028 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 32-8-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY SERVE AS A DECEDENT'S AGENT TO AUTHORIZE CREMATION, SO AS TO ALSO PERMIT A PERSON NAMED IN THE DECEDENT'S DD FORM 93 TO AUTHORIZE CREMATION IF THE DECEDENT SERVED IN THE MILITARY SERVICES IF THERE IS NO SUCH DESIGNATION IN THE WILL OR OTHER VERIFIED AND ATTESTED DOCUMENT OF THE DECEDENT.

S. 1167 (Word version) -- Senators L. Martin, Bryant, Bright, Cromer, Rose, S. Martin, Campsen and Alexander: A BILL TO REPEAL CHAPTER 29, TITLE 23 OF THE 1976 CODE, RELATING TO THE SUBVERSIVE ACTIVITIES REGISTRATION ACT.


Printed Page 4875 . . . . . Wednesday, May 26, 2010

S. 1303 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 42-7-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AVERAGE WEEKLY WAGE DESIGNATED FOR CERTAIN CATEGORIES OF EMPLOYEES, SO AS TO ESTABLISH THE AVERAGE WEEKLY WAGE FOR AN INMATE WHO WORKS IN A FEDERALLY APPROVED PRISON INDUSTRIES ENHANCEMENT CERTIFICATION PROGRAM.

S. 749 (Word version) -- Senator Cleary: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 57-3-45 AND 57-3-55 SO AS TO ESTABLISH THE DIVISION OF RAILROAD TRANSPORTATION AS A COMPONENT OF THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION AND PROVIDE FOR ITS FUNCTIONS AND TO REQUIRE RAILROADS AND RAILWAYS ANNUALLY TO REPORT TO THIS DIVISION THEIR ACTIVE, INACTIVE, TO BE ABANDONED, AND ABANDONED RAIL LINES; AND TO AMEND SECTIONS 57-3-10, 57-3-20, AND 57-3-40, RELATING RESPECTIVELY TO THE DIVISIONS COMPRISING THE DEPARTMENT OF TRANSPORTATION, THE RESPONSIBILITIES AND DUTIES OF DIVISION DEPUTY DIRECTORS ADMINISTERING THESE DIVISIONS, AND THE FUNCTIONS OF THE MASS TRANSIT DIVISION, SO AS TO CONFORM THESE PROVISIONS TO REFLECT THE ESTABLISHMENT OF THE DIVISION OF RAILROAD TRANSPORTATION WITHIN THE DEPARTMENT OF TRANSPORTATION.

S. 1171 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 56-1-10 OF THE 1976 CODE, RELATING TO DRIVER'S LICENSES, TO MODIFY THE DEFINITION OF CERTAIN TERMS; TO AMEND SECTION 56-1-640, TO INCLUDE CANADA AND MEXICO AS PARTY JURISDICTIONS; TO AMEND SECTION 56-1-2030, TO MODIFY THE DEFINITION OF HAZARDOUS MATERIAL; TO AMEND SECTION 56-1-2100, TO MODIFY THE DESCRIPTION OF A CLASS C VEHICLE; AND TO AMEND SECTION 56-1-2070, TO PROVIDE GRADUATED FINES FOR VIOLATIONS OF OUT-OF-SERVICE ORDERS.


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RETURNED TO THE SENATE WITH AMENDMENTS

The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:

S. 329 (Word version) -- Senators Fair and Campsen: A BILL TO AMEND ARTICLE 5, CHAPTER 3, TITLE 24 OF THE 1976 CODE BY ADDING SECTION 24-3-580, TO PROHIBIT THE DISCLOSURE OF THE IDENTITY OF MEMBERS OF AN EXECUTION TEAM AND TO ALLOW FOR CIVIL PENALTIES FOR A VIOLATION OF THE SECTION, AND BY ADDING SECTION 24-3-590, TO PROHIBIT LICENSING AGENCIES FROM TAKING ANY ACTION TO REVOKE, SUSPEND, OR DENY A LICENSE TO ANY PERSON WHO PARTICIPATES ON AN EXECUTION TEAM.

S. 1070 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING PART VII TO ARTICLE 5, TITLE 62 SO AS TO ENACT THE "UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT", TO DEFINE NECESSARY TERMS, PROVIDE A UNIFORM PROCEDURE FOR JURISDICTION OVER ADULT GUARDIANSHIPS, CONSERVATORSHIPS, AND OTHER PROTECTIVE PROCEEDINGS TO ENSURE ONLY ONE STATE HAS JURISDICTION AT A GIVEN TIME.

S. 1025 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 38-73-737 OF THE 1976 CODE, RELATING TO DRIVER TRAINING COURSE CREDIT TOWARD LIABILITY AND COLLISION INSURANCE COVERAGE, TO REDUCE THE INITIAL COURSE FROM EIGHT TO SIX HOURS, TO ALLOW FOR A FOUR HOUR REFRESHER COURSE EVERY THREE YEARS, AND TO ALLOW THE DEPARTMENT OF INSURANCE TO PROMULGATE REGULATIONS FOR FIFTY-FIVE YEARS AND OLDER DRIVER SAFETY INTERNET COURSES.

S. 850 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 12-6-5060 OF THE 1976 CODE, RELATING TO THE DESIGNATION ON AN INCOME TAX RETURN OF A VOLUNTARY CONTRIBUTION TO CERTAIN FUNDS, TO PROVIDE THAT A TAXPAYER MAY CONTRIBUTE TO THE SOUTH CAROLINA


Printed Page 4877 . . . . . Wednesday, May 26, 2010

FORESTRY COMMISSION FOR USE IN THE STATE FOREST SYSTEM.

S. 348 (Word version) -- Senators Fair, Sheheen, S. Martin, Lourie, Shoopman, Knotts and Rose: A BILL TO AMEND SECTION 16-3-95, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFLICTION OF GREAT BODILY INJURY UPON A CHILD, SO AS TO PROVIDE A MINIMUM TERM OF IMPRISONMENT OF TWO YEARS FOR A PERSON WHO IS CONVICTED OF THIS OFFENSE AND WHO IS REGISTERED WITH OR LICENSED BY THE DEPARTMENT OF SOCIAL SERVICES PURSUANT TO CHILDCARE FACILITIES LICENSURE REQUIREMENTS; TO PROVIDE THAT NO PORTION OF THE SENTENCE MAY BE SUSPENDED; AND BY ADDING SECTION 63-13-825 SO AS TO REQUIRE FAMILY CHILDCARE OPERATORS AND CAREGIVERS ANNUALLY TO COMPLETE A MINIMUM OF TWO HOURS OF TRAINING APPROVED BY THE DEPARTMENT OF SOCIAL SERVICES.

S. 1392 (Word version) -- Transportation Committee: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, TO PROVIDE FOR CERTAIN SPECIALTY LICENSE PLATES; TO AMEND SECTION 56-3-10810, RELATING TO 'BOY SCOUTS OF AMERICA' SPECIAL LICENSE PLATES, TO PROVIDE FOR 'EAGLE SCOUT' SPECIAL LICENSE PLATES; TO AMEND SECTION 56-3-2150, RELATING TO SPECIAL LICENSE PLATES FOR CERTAIN ELECTED OFFICIALS, TO PROVIDE THAT CORONERS MAY BE PROVIDED WITH TWO LICENSE PLATES; TO AMEND SECTION 56-3-1240, RELATING TO THE LOCATION ON VEHICLES WHERE LICENSE PLATES MUST BE ATTACHED, TO PROVIDE THAT A FRAME MAY BE PLACED AROUND A LICENSE PLATE UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 56-3-10410, RELATING TO A SPECIAL MOTOR VEHICLE LICENSE PLATE FOR VETERANS, TO PROVIDE FOR A DISABLED VETERAN SPECIAL LICENSE PLATE.


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S. 879--RETURNED TO THE SENATE WITH AMENDMENTS

The motion of Rep. BOWERS to reconsider the vote whereby S. 879 was given second reading, was taken up.

Rep. CLEMMONS moved to table the motion to reconsider.

Rep. CLEMMONS demanded the yeas and nays which were taken, resulting as follows:

Yeas 82; Nays 14

Those who voted in the affirmative are:

Allen                  Allison                Anthony
Bales                  Ballentine             Bannister
Barfield               Bingham                Bowen
Brady                  Branham                Brantley
G. A. Brown            Cato                   Chalk
Clemmons               Clyburn                Cobb-Hunter
Cole                   Cooper                 Crawford
Daning                 Delleney               Dillard
Edge                   Erickson               Forrester
Frye                   Funderburk             Gambrell
Gilliard               Gunn                   Haley
Hardwick               Harrell                Harrison
Hayes                  Hearn                  Herbkersman
Horne                  Huggins                Hutto
Kelly                  King                   Kirsh
Littlejohn             Lucas                  Mack
McEachern              McLeod                 Merrill
Miller                 D. C. Moss             V. S. Moss
J. H. Neal             J. M. Neal             Ott
Owens                  Parker                 Parks
Pinson                 M. A. Pitts            Rice
Sandifer               Scott                  Simrill
Skelton                D. C. Smith            G. M. Smith
J. E. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stringer
Umphlett               Weeks                  White

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Whitmire               Wylie                  A. D. Young
T. R. Young

Total--82

Those who voted in the negative are:

Agnew                  Bedingfield            Bowers
H. B. Brown            Duncan                 Harvin
Knight                 Limehouse              Loftis
Nanney                 Norman                 G. R. Smith
Toole                  Willis

Total--14

So, the motion to reconsider was tabled.

Rep. BEDINGFIELD moved to adjourn debate on the Bill until Thursday, May 27, which was not agreed to.

The question then recurred to the passage of the Bill.

The Bill, as amended, was read the third time and ordered sent to the Senate.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate:

H. 4829 (Word version) -- Rep. G. A. Brown: A BILL TO AMEND SECTION 39-5-38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DECEPTIVE OR MISLEADING ADVERTISEMENT OF A LIVE MUSICAL PERFORMANCE, SO AS TO DEFINE A SOUND RECORDING, AND TO PROVIDE CERTAIN EXEMPTIONS, REMEDIES, AND A FINE.

S. 594--RETURNED TO THE SENATE WITH AMENDMENTS

The motion of Rep. MERRILL to reconsider the vote whereby S. 594 was given second reading, was taken up.


Printed Page 4880 . . . . . Wednesday, May 26, 2010

Rep. MERRILL moved to adjourn debate on the Bill, which was not agreed to.

Rep. MERRILL spoke upon the motion to reconsider.

Rep. MERRILL moved to table the motion to reconsider, which was agreed to.

The question then recurred to the passage of the Bill.

The Bill, as amended, was read the third time and ordered returned to the Senate with amendments.

S. 107--DEBATE ADJOURNED

Rep. T. R. YOUNG moved to adjourn debate upon the following Bill until Thursday, May 27, which was adopted:

S. 107 (Word version) -- Senators Ryberg, Bryant, Massey, Peeler and L. Martin: A BILL TO AMEND SECTION 16-3-654 OF THE 1976 CODE, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, TO INCLUDE SEXUAL BATTERY WHEN THE VICTIM IS A STUDENT SIXTEEN YEARS OF AGE OR OLDER AND THE ACTOR IS A PERSON EMPLOYED AT A PUBLIC OR PRIVATE SECONDARY SCHOOL, UNDER CERTAIN CIRCUMSTANCES.

S. 2--DEBATE ADJOURNED

Rep. WHITE moved to adjourn debate upon the following Bill, which was adopted:

S. 2 (Word version) -- Senators McConnell, Peeler, Leatherman, Sheheen, Rose, Courson, Elliott, Massey, Hayes, Davis, Bright, L. Martin and Rankin: A BILL TO AMEND SECTION 11-11-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLEMENTATION OF THE LIMIT ON STATE SPENDING IMPOSED PURSUANT TO SECTION 7(C), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO REVISE THIS LIMIT BY IMPOSING AN ANNUAL LIMIT ON THE APPROPRIATION OF STATE GENERAL FUND REVENUES BY ADJUSTING SUCH REVENUES BY A ROLLING TEN-YEAR AVERAGE IN ANNUAL CHANGES IN GENERAL FUND REVENUES AND THE CREATION OF A SEPARATE BUDGET STABILIZATION FUND


Printed Page 4881 . . . . . Wednesday, May 26, 2010

IN THE STATE TREASURY TO WHICH MUST BE CREDITED ALL GENERAL FUND REVENUES IN EXCESS OF THE ANNUAL LIMIT, THE REVENUES OF WHICH MUCH FIRST BE USED TO STABILIZE GENERAL FUND REVENUES AVAILABLE FOR APPROPRIATION, TO DEFINE EMERGENCIES AND TO PROVIDE FOR SUSPENSION OF THIS APPROPRIATIONS LIMIT IN EMERGENCIES, TO PROVIDE THAT A CASH BALANCE IN THE BUDGET STABILIZATION FUND IN EXCESS OF FIFTEEN PERCENT OF GENERAL FUND REVENUES OF THE MOST RECENT COMPLETED FISCAL YEAR MAY BE APPROPRIATED IN SEPARATE LEGISLATION FOR VARIOUS NONRECURRING PURPOSES, AND TO DEFINE SURPLUS GENERAL FUND REVENUES.

S. 981--DEBATE ADJOURNED

Rep. BANNISTER moved to adjourn debate upon the following Bill, which was adopted:

S. 981 (Word version) -- Senators Rose and Knotts: A BILL TO AMEND SECTION 63-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, INCLUDING JURISDICTION TO ORDER VISITATION FOR GRANDPARENTS, SO AS TO PROVIDE THAT THE COURT MAY ORDER GRANDPARENT VISITATION IF THE COURT FINDS THAT THE CHILD'S PARENTS ARE DEPRIVING THE GRANDPARENT VISITATION WITH THE CHILD AND THAT THE PARENTS ARE UNFIT OR THAT THERE ARE COMPELLING CIRCUMSTANCES TO OVERCOME THE PRESUMPTION THAT THE PARENTAL DECISION IS IN THE CHILD'S BEST INTEREST.

S. 1120--REQUESTS FOR DEBATE

The following Bill was taken up:

S. 1120 (Word version) -- Senators Lourie, Pinckney, Williams, Leventis, Anderson, Land and Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1360 SO AS TO PROHIBIT HEALTH CARE PROVIDERS FROM ENGAGING IN DEBT COLLECTION ACTIVITIES RELATING TO MEDICAL TREATMENT RECEIVED IN CONNECTION WITH A CLAIM FOR COMPENSATION OF A VICTIM OF CRIME UNTIL


Printed Page 4882 . . . . . Wednesday, May 26, 2010

AN AWARD IS MADE OR A CLAIM IS DENIED AND TO STAY THE STATUTE OF LIMITATIONS FOR THE COLLECTION OF THIS DEBT UNDER CERTAIN CIRCUMSTANCES.

Reps. SANDIFER, CRAWFORD, UMPHLETT, WHITE, GAMBRELL, CLEMMONS, DUNCAN, LOFTIS, OWENS, PARKER, WYLIE, NORMAN and BEDINGFIELD requested debate on the Bill.

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

RECURRENCE TO THE MORNING HOUR

Rep. COOPER moved that the House recur to the Morning Hour, which was agreed to.

S. 2--DEBATE ADJOURNED

Rep. WHITE moved to adjourn debate upon the following Bill, which was adopted:

S. 2 (Word version) -- Senators McConnell, Peeler, Leatherman, Sheheen, Rose, Courson, Elliott, Massey, Hayes, Davis, Bright, L. Martin and Rankin: A BILL TO AMEND SECTION 11-11-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLEMENTATION OF THE LIMIT ON STATE SPENDING IMPOSED PURSUANT TO SECTION 7(C), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO REVISE THIS LIMIT BY IMPOSING AN ANNUAL LIMIT ON THE APPROPRIATION OF STATE GENERAL FUND REVENUES BY ADJUSTING SUCH REVENUES BY A ROLLING TEN-YEAR AVERAGE IN ANNUAL CHANGES IN GENERAL FUND REVENUES AND THE CREATION OF A SEPARATE BUDGET STABILIZATION FUND IN THE STATE TREASURY TO WHICH MUST BE CREDITED ALL GENERAL FUND REVENUES IN EXCESS OF THE ANNUAL LIMIT, THE REVENUES OF WHICH MUCH FIRST BE USED TO STABILIZE GENERAL FUND REVENUES AVAILABLE FOR APPROPRIATION, TO DEFINE EMERGENCIES AND TO PROVIDE FOR SUSPENSION OF THIS APPROPRIATIONS LIMIT IN EMERGENCIES, TO PROVIDE THAT A CASH BALANCE IN THE BUDGET STABILIZATION FUND IN EXCESS OF FIFTEEN PERCENT OF GENERAL FUND


Printed Page 4883 . . . . . Wednesday, May 26, 2010

REVENUES OF THE MOST RECENT COMPLETED FISCAL YEAR MAY BE APPROPRIATED IN SEPARATE LEGISLATION FOR VARIOUS NONRECURRING PURPOSES, AND TO DEFINE SURPLUS GENERAL FUND REVENUES.

S. 981--DEBATE ADJOURNED

Rep. CRAWFORD moved to adjourn debate upon the following Bill until Thursday, May 27, which was adopted:

S. 981 (Word version) -- Senators Rose and Knotts: A BILL TO AMEND SECTION 63-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, INCLUDING JURISDICTION TO ORDER VISITATION FOR GRANDPARENTS, SO AS TO PROVIDE THAT THE COURT MAY ORDER GRANDPARENT VISITATION IF THE COURT FINDS THAT THE CHILD'S PARENTS ARE DEPRIVING THE GRANDPARENT VISITATION WITH THE CHILD AND THAT THE PARENTS ARE UNFIT OR THAT THERE ARE COMPELLING CIRCUMSTANCES TO OVERCOME THE PRESUMPTION THAT THE PARENTAL DECISION IS IN THE CHILD'S BEST INTEREST.

S. 717--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 717 (Word version) -- Senators Coleman, Setzler, Land, Campbell and Hayes: A BILL TO AMEND SECTIONS 12-36-2120 AND 12-37-220, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS AND PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT MACHINERY, EQUIPMENT, BUILDING AND OTHER RAW MATERIALS, AND ELECTRICITY USED BY A FACILITY OWNED BY A TAX EXEMPT ORGANIZATION INVESTING AT LEAST TWENTY MILLION DOLLARS OVER THREE YEARS IN THE FACILITY WHEN THAT FACILITY IS USED PRINCIPALLY FOR RESEARCHING AND TESTING THE IMPACT OF NATURAL HAZARDS SUCH AS WIND, FIRE, EARTHQUAKE, AND HAIL ON BUILDING MATERIALS USED IN RESIDENTIAL, COMMERCIAL, AND AGRICULTURAL BUILDINGS.


Printed Page 4884 . . . . . Wednesday, May 26, 2010

Rep. DELLENEY proposed the following Amendment No. 1 (COUNCIL\AGM\18078AB10), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 2 in its entirety.
Renumber sections to conform.
Amend title to conform.

Rep. DELLENEY spoke in favor of the amendment.
The amendment was then adopted.

The yeas and nays were taken resulting as follows:

Yeas 91; Nays 0

Those who voted in the affirmative are:

Agnew                  Allison                Anthony
Bales                  Ballentine             Bannister
Barfield               Bedingfield            Bowen
Bowers                 Brady                  Brantley
G. A. Brown            H. B. Brown            R. L. Brown
Cato                   Chalk                  Clemmons
Clyburn                Cole                   Cooper
Crawford               Daning                 Delleney
Edge                   Forrester              Frye
Gambrell               Gilliard               Hamilton
Hardwick               Harrison               Harvin
Hearn                  Herbkersman            Hiott
Hodges                 Horne                  Hosey
Huggins                Hutto                  Jennings
Kelly                  King                   Kirsh
Knight                 Limehouse              Littlejohn
Loftis                 Lowe                   Lucas
McEachern              McLeod                 Miller
Millwood               D. C. Moss             V. S. Moss
Nanney                 J. H. Neal             J. M. Neal
Neilson                Norman                 Owens
Parker                 Parks                  Pinson
M. A. Pitts            Rice                   Sandifer
Scott                  Sellers                Simrill
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Stringer               Thompson

Printed Page 4885 . . . . . Wednesday, May 26, 2010

Toole                  Vick                   Weeks
Whipper                White                  Whitmire
Willis                 Wylie                  A. D. Young
T. R. Young

Total--91

Those who voted in the negative are:

Total--0

So, the Bill, as amended, was read the second time and ordered to third reading.

S. 319--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 319 (Word version) -- Senators Leventis, Rose, Malloy, Davis, Lourie and Hayes: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46 SO AS TO ENACT THE "INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN", TO PROVIDE THAT THE GOVERNOR MAY EXECUTE THE COMPACT WITH OTHER COMPACT STATES, TO PROVIDE THAT THE STATE SUPERINTENDENT OF EDUCATION IS THE COMPACT COMMISSIONER OF THIS STATE, TO ESTABLISH A COUNCIL ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN, TO PROVIDE FOR THE COUNCIL'S MEMBERSHIP, APPOINTMENTS, TERMS, QUORUM, LEADERSHIP, FILLING OF VACANCIES, AND POWERS AND DUTIES, AND TO PROVIDE THE TERMS OF THE COMPACT.

The Education and Public Works Committee proposed the following Amendment No. 1 (COUNCIL\AGM\18090BH10), which was adopted:
Amend the bill, as and if amended, by deleting in its entirety Section 59-46-40, as contained in SECTION 1, pages 2-3, and inserting:
/ Section 59-46-40.   In accordance with the Interstate Compact on Educational Opportunity for Military Children, there is created the South Carolina Council on the Interstate Compact on Educational


Printed Page 4886 . . . . . Wednesday, May 26, 2010

Opportunity for Military Children, referred to in this section as 'Council'.

(A)   The council consists of the following eleven members:

(1)   the Governor or his designee;

(2)   one member appointed by the Governor to represent military installations in the State;

(3)   two members of the House of Representatives appointed by the Speaker of the House;

(4)   two members of the Senate appointed by the President Pro Tempore of the Senate;

(5)   two members appointed by the State Superintendent of Education, to include a superintendent of a school district with a high concentration of military families and a member of a military family with experience in the educational challenges that military children face;

(6)   the State Board of Education chair and chair-elect; and

(7)   the State Superintendent of Education or his designee, who shall serve as chair.

(B)   Appointments must be made no later than September 1, 2010, at which time the chair shall call the first meeting. Elected members serve terms coterminous with their terms of office. Citizen members serve at the pleasure of the individual making the appointment. All members may be reappointed. Appointments to fill vacancies, other than by expiration of a term, must be made for the unexpired terms. Vacancies must be filled in the same manner as the original appointments.

(C)   The council initially shall meet on the call of the chairman and, at a minimum, shall meet quarterly. A majority of members constitutes a quorum. The council may consider any matters related to the Interstate Compact on Educational Opportunity for Military Children or the general activities and business of the organization and has the authority to represent the State in all actions of the compact.

(D)   The State Superintendent of Education shall employ a military family education liaison as provided by Article VIII of the Interstate Compact on Educational Opportunity for Military Children.

(E)   The Council members serve without compensation. All members must be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties. The costs of expenses of the legislative members incurred in the performance of their duties must be paid from appropriations to the representative body. The costs of expenses of non-legislative citizen members incurred in the


Printed Page 4887 . . . . . Wednesday, May 26, 2010

performance of their duties must be paid from funds as provided for this purpose in the annual appropriation act.

(F)   The chairman of the council shall submit electronically to the Governor and the General Assembly an executive summary of the interim activity and work of the council no later than the first day of regular session of the General Assembly following the first full year of the council's creation. Thereafter an executive summary must be electronically submitted biennially to the Clerk of the House of Representatives and the Clerk of the Senate and must be posted on the General Assembly's website. /
Amend the bill further, by deleting in its entirety SECTION 2 as contained on page 23.
Amend the bill further, by adding the following SECTIONS at the end to read:
/ SECTION   2.   Chapter 5, Title 59 of the 1976 Code is amended by adding:

"Section 59-5-160.   (A)   In order to facilitate the on-time graduation of children of families who have moved to South Carolina during the child's twelfth grade year, the State Board of Education may:

(1)   waive specific courses required for graduation if those courses were not specifically required for graduation in the student's most recent state of residence; however, the State Board may not waive the number of courses required in ELA, math, and science. If a student does not have sufficient course credit to be issued a South Carolina diploma, the State Board, to the extent possible, shall provide an alternative means of acquiring required coursework so that the student could receive a South Carolina high school diploma and graduation may occur on time; and

(2)   may accept exit exams, end-of-course exams, or alternative testing required for graduation from the sending state in lieu of South Carolina testing requirements for graduation provided that all portions of these exams necessary for graduation from the sending state have been satisfactorily met.

(B)   In the event the alternatives provided in subsection (A) cannot be accommodated after all alternatives have been considered, the State Board of Education shall work with other state boards and departments of education to help facilitate the receipt of a diploma from the sending state if the student meets the graduation requirements of that state.


Printed Page 4888 . . . . . Wednesday, May 26, 2010

(C)   The State Board of Education shall develop guidelines and subsequent regulations to comply with the provisions of this section. /
/SECTION 3.   Any rule of the Interstate compact on educational opportunity for Military Children which is adopted subsequent to July 1, 2010, is binding on the State only if adopted by joint resolution by the General Assembly./
/ SECTION   4.   This act takes effect July 1, 2010, contingent upon an appropriation by the General Assembly specified for this purpose, in an amount equivalent to that documented by the fiscal impact statement provided by the Office of State Budget of the State Budget and Control Board, and agreement by the Interstate Commission to Section 3 of this act. /
Renumber sections to conform.
Amend title to conform.

Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.

Rep. DANING proposed the following Amendment No. 2 (COUNCIL\NBD\12393AC10), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION   __.   Section 59-112-50 of the 1976 Code, as last amended by Act 299 of 2008, is further amended to read:

"Section 59-112-50.   Notwithstanding other provisions another provision of this chapter law, during the period of their assignment to duty in South Carolina, members of the armed services of the United States stationed in South Carolina and their dependents are eligible for in-state tuition rates. When such these armed service personnel are ordered away from the State, their dependents are eligible for in-state tuition rates so as long as they remain continuously enrolled at the state institution where in which they are enrolled at the time the assignment ends or transfer to an eligible institution during the term or semester, excluding summer terms, immediately following their enrollment at the previous institution. In the event of a transfer, the receiving institution shall verify the decision made by the student's previous institution in order to certify the student's eligibility for in-state tuition rates. It is the responsibility of the transferring student to ensure that all documents required to verify both the previous and present residency decisions are provided to the institution. These persons and their dependents are eligible for in-state tuition rates after their discharge


Printed Page 4889 . . . . . Wednesday, May 26, 2010

from the armed services even though they were not enrolled at a state institution at the time of their discharge, if they have evidenced an intent to establish domicile in South Carolina and if they have resided in South Carolina for a period of at least twelve months immediately preceding their discharge."/
Renumber sections to conform.
Amend title to conform.

Rep. DANING explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 4839--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4839 (Word version) -- Rep. J. E. Smith: 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 CLARIFY THAT THE PROPERTY TAX EXEMPTION FOR RECIPIENTS OF THE MEDAL OF HONOR AND PRISONERS OF WAR IN CERTAIN CONFLICTS APPLIES TO MEDAL OF HONOR RECIPIENTS REGARDLESS OF WHEN THE MEDAL OF HONOR WAS AWARDED OR THE CONFLICT INVOLVED.

Rep. J. E. SMITH explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 110; Nays 0

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Allison                Anthony                Ballentine
Bannister              Barfield               Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
H. B. Brown            R. L. Brown            Cato
Chalk                  Clemmons               Clyburn
Cole                   Cooper                 Crawford
Daning                 Delleney               Duncan

Printed Page 4890 . . . . . Wednesday, May 26, 2010

Edge                   Erickson               Forrester
Frye                   Funderburk             Gambrell
Gilliard               Govan                  Haley
Hamilton               Harrell                Harrison
Hart                   Harvin                 Hearn
Herbkersman            Hiott                  Hodges
Horne                  Hosey                  Huggins
Hutto                  Jefferson              Jennings
Kelly                  King                   Kirsh
Knight                 Limehouse              Littlejohn
Loftis                 Long                   Lowe
Lucas                  Mack                   McEachern
McLeod                 Merrill                Miller
Millwood               Mitchell               D. C. Moss
V. S. Moss             Nanney                 J. H. Neal
J. M. Neal             Neilson                Norman
Ott                    Owens                  Parker
Parks                  Pinson                 M. A. Pitts
Rice                   Sandifer               Scott
Sellers                Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stewart
Stringer               Thompson               Toole
Umphlett               Vick                   Weeks
Whipper                White                  Whitmire
Williams               Willis                 Wylie
A. D. Young            T. R. Young

Total--110

Those who voted in the negative are:

Total--0

So, the Bill was read the second time and ordered to third reading.


Printed Page 4891 . . . . . Wednesday, May 26, 2010

S. 1054--POINT OF ORDER

The following Bill was taken up:

S. 1054 (Word version) -- Senators Pinckney, Malloy, Matthews, Anderson and Nicholson: A BILL TO AMEND CHAPTER 1, TITLE 4 OF THE 1976 CODE, RELATING TO EXTRAORDINARY COMMERCIAL FACILITIES, BY ADDING SECTION 4-1-180 TO ALLOW COUNTIES THAT CREATE A MULTICOUNTY BUSINESS PARK TO DESIGNATE A PORTION OR ALL OF THAT PARK AS A DESIGNATED ECONOMIC DEVELOPMENT SITE FOR EXTRAORDINARY COMMERCIAL FACILITIES.

POINT OF ORDER

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.

RECURRENCE TO THE MORNING HOUR

Rep. WHITE moved that the House recur to the Morning Hour, which was agreed to.

HOUSE RESOLUTION

The following was introduced:

H. 5029 (Word version) -- Reps. G. M. Smith, Weeks, Lowe, J. H. Neal, G. A. Brown, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, H. B. Brown, R. L. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Gunn, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Huggins, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, D. C. Moss, V. S. Moss, Nanney, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Simrill, Skelton, D. C. Smith, G. R. Smith, J. E. Smith, J. R. Smith,


Printed Page 4892 . . . . . Wednesday, May 26, 2010

Sottile, Spires, Stavrinakis, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A HOUSE RESOLUTION TO EXPRESS SINCERE SORROW, UPON THE DEATH OF JOHN JOSEPH "JOE" TINDAL OF SUMTER COUNTY, AND TO EXTEND DEEPEST SYMPATHY TO HIS LARGE AND LOVING FAMILY AND TO HIS MANY FRIENDS.

The Resolution was adopted.

S. 2--REQUESTS FOR DEBATE

The following Bill was taken up:

S. 2 (Word version) -- Senators McConnell, Peeler, Leatherman, Sheheen, Rose, Courson, Elliott, Massey, Hayes, Davis, Bright, L. Martin and Rankin: A BILL TO AMEND SECTION 11-11-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLEMENTATION OF THE LIMIT ON STATE SPENDING IMPOSED PURSUANT TO SECTION 7(C), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO REVISE THIS LIMIT BY IMPOSING AN ANNUAL LIMIT ON THE APPROPRIATION OF STATE GENERAL FUND REVENUES BY ADJUSTING SUCH REVENUES BY A ROLLING TEN-YEAR AVERAGE IN ANNUAL CHANGES IN GENERAL FUND REVENUES AND THE CREATION OF A SEPARATE BUDGET STABILIZATION FUND IN THE STATE TREASURY TO WHICH MUST BE CREDITED ALL GENERAL FUND REVENUES IN EXCESS OF THE ANNUAL LIMIT, THE REVENUES OF WHICH MUCH FIRST BE USED TO STABILIZE GENERAL FUND REVENUES AVAILABLE FOR APPROPRIATION, TO DEFINE EMERGENCIES AND TO PROVIDE FOR SUSPENSION OF THIS APPROPRIATIONS LIMIT IN EMERGENCIES, TO PROVIDE THAT A CASH BALANCE IN THE BUDGET STABILIZATION FUND IN EXCESS OF FIFTEEN PERCENT OF GENERAL FUND REVENUES OF THE MOST RECENT COMPLETED FISCAL YEAR MAY BE APPROPRIATED IN SEPARATE LEGISLATION FOR VARIOUS NONRECURRING PURPOSES, AND TO DEFINE SURPLUS GENERAL FUND REVENUES.

Rep. WHITE proposed the following Amendment No. 3 (COUNCIL\BBM\9798HTC10):


Printed Page 4893 . . . . . Wednesday, May 26, 2010

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Article 5, Chapter 11, Title 11 of the 1976 Code is amended by adding:

"Section 11-11-415.   (A)(1)   In addition to all other applicable constitutional and statutory limitations on general fund appropriations, notwithstanding any other provisions of law, and only to the extent that the limit on general fund appropriations for a fiscal year imposed by this subsection is lower than the annual limit imposed pursuant to Section 7(c) of the Constitution of this State and Section 11-11-410, total general fund appropriations for the fiscal year may not exceed the lesser of:

(a)   one hundred six percent of the adjusted base-year estimate; or

(b)   the adjusted base-year estimate increased by a percentage equal to the state's growth in population applied ratably over the period of the decennial United States census assuming a rate of increase equal to the rate in the most recently completed United States census for which population figures are available over the next preceding census and a percentage equal to the increase, if any, in the consumer price index in the most recently ended federal fiscal year, as determined by the Bureau of Labor Statistics of the United States Department of Labor.

(2)   As used in this subsection, the 'adjusted base-year estimate' is the general fund revenue estimate made by the Board of Economic Advisors on February 15, 2011, for fiscal year 2011-2012 from whatever source derived as adjusted annually and cumulatively as provided in item (1) of this subsection.

(3)   The Office of Research and Statistics of the State Budget and Control Board, upon approval by the State Economist and in consultation with the director of the board's Office of State Budget, shall calculate and provide the appropriate percentages for population and consumer price index growth to the Ways and Means Committee of the House of Representatives and the Senate Finance Committee no later than November tenth of each year.

(4)   Before the Governor may submit the proposed budget for these fiscal years, the proposal must include the certificate of the Director of the Office of State Budget that the proposed budget conforms to the limitation imposed by this subsection. The annual general appropriations bill may not be given third reading in the House of Representatives and Senate unless a similar certificate is received by


Printed Page 4894 . . . . . Wednesday, May 26, 2010

the presiding officer in each house from the Director of the Office of State Budget before the bill is given third reading.

(B)(1)   Notwithstanding the provisions of subsection (A) of this section, the General Assembly may declare a financial emergency and suspend the spending limitation imposed pursuant to subsection (A) for any one fiscal year for a specific amount by a special vote as provided in this item by enactment of legislation which relates only to that matter. The state general fund appropriations for the fiscal year following the suspension must be determined as if the suspension had not occurred and, for purposes of determining subsequent limits, must be presumed to have been the maximum limit which could have been authorized if the limitation imposed pursuant to subsection (A) had not been suspended.

(2)   The special vote referred to in this item means an affirmative recorded roll-call vote in each branch of the General Assembly by two-thirds of the members present and voting but not less than three-fifths of the total membership in each branch.

(C)(1)   There is created in the State Treasury a fund separate and distinct from the general fund of the State, the Capital Reserve Fund, and all other funds entitled the Spending Limit Reserve Fund. Notwithstanding any other provision of law providing for the use of surplus general fund revenue, all general fund revenues accumulated in a fiscal year in excess of the limit on appropriations provided pursuant to subsection (A) of this section must be credited to this fund. Revenues credited to this fund in a fiscal year may be appropriated by the General Assembly in its regular session in the year following the close of the applicable fiscal year. Revenues in this fund may be appropriated only for the purposes provided in item (2) of this subsection.

(2)(a)   If the balance in the general reserve fund established pursuant to Section 36, Article III of the Constitution of this State and Section 11-11-310 is less than the required balance, there must be appropriated to it all amounts in the Spending Limit Reserve Fund up to the total necessary to replenish the general reserve fund. This amount does not replace or supplant the minimum replenishment amount otherwise required to be made to the general reserve fund.

(b)   After the appropriation of amounts required pursuant to subitem (a) of this item, any remaining balance may be appropriated for or used to offset revenue reductions for:

(i)     temporary tax reductions;


Printed Page 4895 . . . . . Wednesday, May 26, 2010

(ii)   infrastructure improvements; and for purposes of this item, infrastructure includes, but is not limited to, fixed transportation facilities, to include highway, rail, water, and air, and the basic facilities, services, and installations needed for the functioning of government, to include water, sewer, and public sector communications;

(iii)   school buildings;

(iv)   school buses; and

(v)   expenses incurred by this State as a result of natural or other disasters declared by the President of the United States.

(c)   The total state share of a capital project funding for which is derived in whole or in part from the Spending Limit Reserve Fund, must be appropriated from the Spending Limit Reserve Fund in one installment.

(d)   Appropriations from the Spending Limit Reserve Fund must be made by means of a joint resolution originating in the House of Representatives."
SECTION   2.   This act takes effect upon approval by the Governor, and first applies for general fund appropriations made for and surplus general fund revenues accruing in fiscal year 2011-2012. /
Renumber sections to conform.
Amend title to conform.

Rep. WHITE explained the amendment.

Reps. VICK, SELLERS, HART, GUNN, GOVAN, WILLIAMS and JEFFERSON requested debate on the Bill.

SPEAKER IN CHAIR

S. 1298--REQUESTS FOR DEBATE WITHDRAWN, AMENDED AND ORDERED TO THIRD READING

Upon the withdrawal of requests for debate by Reps. HERBKERSMAN, CHALK, CRAWFORD, LOWE, DUNCAN, HOSEY and M. A. PITTS, the following Bill was taken up:

S. 1298 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 56-5-70 OF THE 1976 CODE, RELATING TO THE REGULATION OF TRAFFIC ON HIGHWAYS, TO PROVIDE GUIDELINES FOR RELIEF FROM REGULATIONS DURING TIMES OF EMERGENCY.


Printed Page 4896 . . . . . Wednesday, May 26, 2010

Rep. LOWE proposed the following Amendment No. 2 (COUNCIL\NBD\12420AC10), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION   __.   Section 56-3-115 of the 1976 Code is amended to read:

"Section 56-3-115.   The owner of a vehicle commonly known as a golf cart, if he has a valid driver's license, may obtain a permit from the Department of Motor Vehicles upon the payment of a fee of five dollars and proof of financial responsibility which permits his agent, employees, or him to:

(1)   operate the golf cart on a secondary highway or street within two miles of his residence or place of business during daylight hours only. When the owner's residence is located within a gated community the two-mile limit must be measured from the community's primary entrance; and

(2)   cross a primary highway or street while traveling along a secondary highway or street within two miles of his residence or place of business during daylight hours only; and

(3)   operate a golf cart along a secondary highway or street on a sea island whose total area is greater than seven square miles, but less than ten square miles. As contained in this section, 'gated community' means any homeowners' community with at least one controlled access ingress and egress which includes the presence of a guard house, a mechanical barrier, or another method of controlled conveyance. A golf cart may cross a secondary highway whose maximum speed limit is at least forty-five miles an hour only at the location of a traffic control device." /
Renumber sections to conform.
Amend title to conform.

Rep. LOWE explained the amendment.
The amendment was then adopted.

Rep. THOMPSON proposed the following Amendment No. 3 (COUNCIL\BBM\9797AB10), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:


Printed Page 4897 . . . . . Wednesday, May 26, 2010

/ SECTION   __.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 78
Commemorative Twenty-first Amendment
License Plate

Section 56-3-7891.   (A)   The Department of Motor Vehicles may issue "Commemorative Twenty-first Amendment" special motor vehicle license plates to owners of private passenger carrying motor vehicles as defined in Section 56-3-630 in their names. The fee for this special license plate is twenty dollars every two years in addition to the regular motor vehicle registration fee contained in Article 5, Chapter 3, Title 56. This special license plate must be of the same size and general design of regular motor vehicle license plates. This special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.

(B)   The fees collected pursuant to this section above the cost of producing the license plates must be distributed to the General Fund of the state.

(C)   Before the Department of Motor Vehicles produces and distributes a special license plate pursuant to this section, it must receive:

(1)   four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department shall retain the deposit; and

(2)   a plan to market the sale of the special license plate, which must be approved by the department.

(D)   If the department receives fewer than three hundred biennial applications and renewals for this special license plate, it may not produce additional special license plates in this series. The department shall continue to issue special license plates of this series until the existing inventory is exhausted." /
Renumber sections to conform.
Amend title to conform.

Rep. THOMPSON explained the amendment.


Printed Page 4898 . . . . . Wednesday, May 26, 2010

POINT OF ORDER

Rep. WILLIAMS raised the Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill.
SPEAKER HARRELL stated that while the Bill related to the regulation and guidelines of traffic on highways during times of emergencies, the amendment dealt with the issuance of commemorative Twenty-First Amendment license plates. Therefore, he sustained the Point of Order and ruled the Amendment out of order.

Rep. RUTHERFORD proposed the following Amendment No. 4 (COUNCIL\MS\7867AHB10), which was adopted:
Amend the bill, as and if amended, Section 56-5-70, as contained in SECTION 1, by adding an appropriately lettered subsection at the end to read:
/ ( )   Only when an emergency is declared which triggers the provisions of this section may speed or traffic cameras be used. A person who receives a ticket pursuant to a violation of traffic laws captured on speed or traffic cameras must be served in person with notice of the violation. Revenue collected pursuant to a violation of this section must be deposited in the general fund. /
Renumber sections to conform.
Amend title to conform.

Rep. RUTHERFORD explained the amendment.
The amendment was then adopted.

Rep. RUTHERFORD proposed the following Amendment No. 5 (COUNCIL\NBD\12425AC10), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION   __.   Section 56-3-115 of the 1976 Code, as last amended by Act 333 of 2003, is further amended to read:

"Section 56-3-115.   (A)   The owner of a vehicle commonly known as a golf cart, if he has a valid driver's license, may obtain a permit from the Department of Motor Vehicles upon the payment of a fee of five dollars and proof of financial responsibility which permits his agent, employees, or him to:

(1)   operate the golf cart on a secondary highway or street within two five miles of his residence or place of business during daylight hours only; and


Printed Page 4899 . . . . . Wednesday, May 26, 2010

(2)     cross a primary highway or street while traveling along a secondary highway or street within two miles of his residence or place of business during daylight hours only.

(B)   Notwithstanding the provisions of subsection (A)(1), if an emergency is declared which triggers relief from regulations pursuant to 49 CFR 390.23 in North Carolina or Georgia, and an emergency, as referenced in the regional emergency provision of 49 CFR 390.23(a)(1)(A), is declared in this State by the Governor, then a person may only operate a golf cart on a secondary highway or street within two miles of the person's residence or place of business during daylight hours only."/
Renumber sections to conform.
Amend title to conform.

Rep. RUTHERFORD explained the amendment.

Rep. PARKER moved to table the amendment.

Rep. RUTHERFORD demanded the yeas and nays which were taken, resulting as follows:

Yeas 11; Nays 99

Those who voted in the affirmative are:

Agnew                  Frye                   Gambrell
Loftis                 Parker                 M. A. Pitts
Sottile                Spires                 Toole
Umphlett               Wylie

Total--11

Those who voted in the negative are:

Alexander              Allen                  Allison
Bales                  Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               G. A. Brown
R. L. Brown            Cato                   Chalk
Clemmons               Clyburn                Cole
Cooper                 Crawford               Daning
Delleney               Dillard                Duncan
Edge                   Erickson               Forrester

Printed Page 4900 . . . . . Wednesday, May 26, 2010

Funderburk             Gilliard               Govan
Gunn                   Haley                  Hamilton
Hardwick               Harrell                Harrison
Hart                   Hearn                  Hiott
Hodges                 Horne                  Hosey
Huggins                Hutto                  Jefferson
Jennings               Kelly                  King
Kirsh                  Knight                 Limehouse
Littlejohn             Long                   Lowe
Lucas                  Mack                   McEachern
Miller                 Millwood               Mitchell
D. C. Moss             V. S. Moss             Nanney
J. H. Neal             J. M. Neal             Neilson
Norman                 Ott                    Owens
Parks                  Pinson                 Rice
Rutherford             Sandifer               Scott
Sellers                Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Stavrinakis
Stewart                Stringer               Thompson
Vick                   Weeks                  Whipper
White                  Whitmire               Williams
Willis                 A. D. Young            T. R. Young

Total--99

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

RECORD FOR VOTING

I had to leave early to take care of a business matter at home. Had I been present, I would have voted "yes" on S. 2.

Rep. Joey Millwood


Printed Page 4901 . . . . . Wednesday, May 26, 2010

R. 200, H. 4347--GOVERNOR'S VETO RECONSIDERED AND SUSTAINED

The motion of Rep. PARKER to reconsider the vote whereby the Veto on R. 200, H. 4347 was sustained was taken up and agreed to by a division vote of 63-31.

The Veto on the following Act was taken up:
(R200) H. 4347 (Word version) -- Reps. Cooper and White: AN ACT TO AMEND SECTION 2-7-71, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX BILLS AND REVENUE IMPACT STATEMENTS, SO AS TO PROVIDE THAT THE REVENUE IMPACT STATEMENT MUST BE SIGNED BY THE CHIEF ECONOMIST OF THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 2-7-78, RELATING TO THE CERTIFICATION OF A REVENUE IMPACT OF A PROVISION FOR PURPOSES OF ITS INCLUSION IN THE ANNUAL GENERAL APPROPRIATIONS BILL AND CHANGES IN THE OFFICIAL REVENUE ESTIMATE, SO AS TO PROVIDE THAT THE REVENUE IMPACTS MUST BE CERTIFIED BY THE CHIEF ECONOMIST OF THE OFFICE OF RESEARCH AND STATISTICS AND THAT THE BOARD OF ECONOMIC ADVISORS SHALL ADJUST ITS ESTIMATES TO REFLECT THESE CERTIFICATIONS AND MAKE OTHER ADJUSTMENTS IT CONSIDERS NECESSARY IN THE FINAL VERSION OF THE ANNUAL GENERAL APPROPRIATIONS BILL.

Rep. BINGHAM spoke against the Veto.

Rep. COOPER spoke against the Veto.

The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 73; Nays 37

Those who voted in the affirmative are:

Agnew                  Allen                  Allison
Bales                  Bannister              Barfield
Bedingfield            Bingham                Bowen
Bowers                 Brady                  R. L. Brown

Printed Page 4902 . . . . . Wednesday, May 26, 2010

Cato                   Chalk                  Clemmons
Cole                   Cooper                 Daning
Delleney               Duncan                 Edge
Erickson               Forrester              Frye
Gambrell               Hamilton               Hardwick
Harrell                Harrison               Hearn
Herbkersman            Hiott                  Horne
Jennings               Kelly                  Kirsh
Limehouse              Littlejohn             Loftis
Long                   Lucas                  McEachern
McLeod                 Merrill                Miller
D. C. Moss             V. S. Moss             Nanney
Neilson                Owens                  Parker
Pinson                 M. A. Pitts            Rice
Sandifer               Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Spires
Stringer               Toole                  Umphlett
Whipper                White                  Whitmire
Willis                 Wylie                  A. D. Young
T. R. Young

Total--73

Those who voted in the negative are:

Alexander              Ballentine             Branham
Brantley               G. A. Brown            Crawford
Dillard                Funderburk             Gilliard
Govan                  Gunn                   Haley
Hart                   Harvin                 Hodges
Hosey                  Hutto                  Jefferson
Kennedy                King                   Knight
Lowe                   Mack                   Millwood
J. H. Neal             J. M. Neal             Norman
Ott                    Parks                  Rutherford
Scott                  Sellers                Stavrinakis
Stewart                Vick                   Weeks
Williams

Total--37


Printed Page 4903 . . . . . Wednesday, May 26, 2010

So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

H. 3706 (Word version)--RECONSIDERED, SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The motion of Rep. A. D. YOUNG to reconsider the vote whereby Amendment No. 1 was adopted was taken up and agreed to.

Reps. FUNDERBURK, G. R. SMITH and T. R. YOUNG proposed the following Amendment No. 1 (COUNCIL\GGS\22625SD10), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/   SECTION   __.   the 1976 Code is amended by adding:

"Section 8-13-1311.   In addition to the requirements of Section 8-13-1308 and other provisions of law relating to the filing of certified campaign reports and other reports, if required, by a candidate for elective public office, the candidate's campaign report for the applicable reporting period must include any paid or unpaid invoices or bills received or paid by the candidate or a person on his behalf for communication through television, radio, telephone, print publication, including mail, or electronic means made by or on behalf of a candidate that is designed to influence the outcome of an election. These invoices or bills are considered campaign expenditures for the quarter in which the communication occurs."   /
Renumber sections to conform.
Amend title to conform.

Rep. A. D. YOUNG moved to table the amendment, which was agreed to.

The question then recurred to the concurrence in the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 106; Nays 0

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Allison                Bales                  Ballentine
Bannister              Barfield               Bedingfield

Printed Page 4904 . . . . . Wednesday, May 26, 2010

Bingham                Bowen                  Brady
Branham                G. A. Brown            R. L. Brown
Cato                   Chalk                  Clemmons
Clyburn                Cole                   Cooper
Crawford               Daning                 Delleney
Dillard                Duncan                 Edge
Erickson               Forrester              Frye
Funderburk             Gambrell               Gilliard
Govan                  Gunn                   Hamilton
Hardwick               Harrell                Harrison
Hart                   Harvin                 Hearn
Herbkersman            Hiott                  Hodges
Horne                  Hosey                  Huggins
Hutto                  Jefferson              Jennings
Kelly                  Kennedy                King
Kirsh                  Knight                 Limehouse
Loftis                 Long                   Lucas
Mack                   McEachern              Merrill
Miller                 Mitchell               D. C. Moss
V. S. Moss             Nanney                 J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parker                 Parks
Pinson                 M. A. Pitts            Rice
Rutherford             Sandifer               Scott
Sellers                Simrill                Skelton
D. C. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Spires                 Stewart                Stringer
Thompson               Toole                  Umphlett
Vick                   Weeks                  Whipper
White                  Whitmire               Williams
Willis                 Wylie                  A. D. Young
T. R. Young

Total--106

Those who voted in the negative are:

Total--0


Printed Page 4905 . . . . . Wednesday, May 26, 2010

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.

LEAVE OF ABSENCE

The SPEAKER granted Rep. G. M. SMITH a temporary leave of absence.

Rep. LIMEHOUSE moved that the House recede until 2:00 p.m., which was agreed to.

THE HOUSE RESUMES

At 2:00 p.m. the House resumed, Acting SPEAKER J. R. SMITH in the Chair.

POINT OF QUORUM

The question of a quorum was raised.
A quorum was later present.

SPEAKER IN CHAIR

H. 4572--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration:

H. 4572 (Word version) -- Reps. J. E. Smith, Bannister, Weeks and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROVISIONS THAT AFFECT BEER, BY AMENDING SECTION 61-4-940, SO AS TO ALLOW WHOLESALERS AND RETAILERS OF BEER TO TEMPORARILY STORE EQUIPMENT USED IN DELIVERY OF BEER AND TO AUTHORIZE WHOLESALERS OF BEER TO SUPPLY RETAIL DEALERS OF BEER WITH DISPLAYS THAT ARE ALLOWED BY FEDERAL REGULATIONS; BY ADDING SECTION 61-4-960, SO AS TO ALLOW HOLDERS OF RETAIL PERMITS THAT AUTHORIZE THE SALE OF BEER OR WINE FOR OFF PREMISES CONSUMPTION TO HOLD A LIMITED NUMBER OF BEER TASTINGS AT THE RETAIL LOCATION EACH YEAR UNDER CERTAIN CIRCUMSTANCES; AND BY ADDING SECTION 61-4-1515, SO AS TO ALLOW A BREWERY TO OFFER


Printed Page 4906 . . . . . Wednesday, May 26, 2010

BEER TASTINGS UNDER CERTAIN CONDITIONS AND TO PROVIDE FOR THE PAYMENT OF APPROPRIATE TAXES.

Rep. HART proposed the following Amendment No. 1A (COUNCIL\MS\7866CM10), which was tabled:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION   __.   Section 61-4-580 of the 1976 Code, as last amended by Act 52 of 1999, is further amended to read:

"Section 61-4-580.   (A)   No A holder of a permit authorizing the sale of beer or wine or a servant, agent, or employee of the permittee may not knowingly commit any of the following acts upon the licensed premises covered by the holder's permit:

(1)   sell beer or wine to a person under twenty-one years of age;

(2)   sell beer or wine to an intoxicated person;

(3)   place individual bottles, cans, or other single-serving sized receptacles containing beer or wine in a nonpermanent portable container or cooler within ten feet of a door used for ingress or egress from a licensed establishment;

(4)   permit gambling or games of chance except game promotions including contests, games of chance, or sweepstakes in which the elements of chance and prize are present and which comply with the following:

(a)   the game promotion is conducted or offered in connection with the sale, promotion, or advertisement of a consumer product or service, or to enhance the brand or image of a supplier of consumer products or services;

(b)   no purchase payment, entry fee, or proof of purchase is required as a condition of entering the game promotion or receiving a prize; and

(c)   all materials advertising the game promotion clearly disclose that no purchase or payment is necessary to enter and provide details on the free method of participation.;

(4)(5)   permit lewd, immoral, or improper entertainment, conduct, or practices. This includes including, but is not limited to, entertainment, conduct, or practices where a person is in a state of undress so as to expose the human male or female genitals, pubic area, or buttocks cavity with less than a full opaque covering;

(5)(6)   permit any an act, the commission of which tends to create a public nuisance or which constitutes a crime under the laws of this State; or


Printed Page 4907 . . . . . Wednesday, May 26, 2010

(6)(7)   sell, offer for sale, or possess any beverage or alcoholic liquors the sale or possession of which is prohibited on the licensed premises under the law laws of this State; or

(7)(8)   conduct, operate, organize, promote, advertise, run, or participate in a 'drinking contest' or 'drinking game'. For purposes of this item, 'drinking contest' or 'drinking game' includes, but is not limited to, a contest, game, event, or other endeavor which encourages or promotes the consumption of beer or wine by participants at extraordinary speed or in increased quantities or in more potent form. 'Drinking contest' or 'drinking game' does not include a contest, game, event, or endeavor in which beer or wine is not used or consumed by participants as part of the contest, game, event, or endeavor, but instead is used solely as a reward or prize. Selling beer or wine in the regular course of business is not considered a violation of this section.

(B)   A violation of any a provision of this section is a ground for the revocation or suspension of the holder's permit." /
Renumber sections to conform.
Amend title to conform.

Rep. J. E. SMITH explained the amendment.

Rep. J. E. SMITH moved to table the amendment, which was agreed to.

Rep. BANNISTER explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 79; Nays 1

Those who voted in the affirmative are:

Alexander              Allison                Bales
Ballentine             Bannister              Bedingfield
Bowen                  Bowers                 Brady
Branham                Brantley               G. A. Brown
H. B. Brown            Cato                   Chalk
Clemmons               Cole                   Crawford
Daning                 Delleney               Duncan
Forrester              Funderburk             Gambrell
Gilliard               Govan                  Gunn
Hamilton               Hardwick               Harrell
Harvin                 Hearn                  Hodges

Printed Page 4908 . . . . . Wednesday, May 26, 2010

Horne                  Hosey                  Howard
Huggins                Hutto                  Jefferson
Kelly                  King                   Knight
Littlejohn             Long                   Lucas
McEachern              McLeod                 Miller
D. C. Moss             V. S. Moss             Nanney
J. M. Neal             Neilson                Norman
Ott                    Pinson                 M. A. Pitts
Rice                   Sandifer               Sellers
Simrill                Skelton                D. C. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stewart                Stringer               Thompson
Toole                  Umphlett               White
Williams               Wylie                  A. D. Young
T. R. Young

Total--79

Those who voted in the negative are:

Parker

Total--1

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.

S. 1294--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration:

S. 1294 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 50-11-2540 OF THE 1976 CODE, RELATING TO THE TRAPPING SEASON OF FURBEARING ANIMALS, TO PROVIDE THAT IT IS LAWFUL TO TRAP COYOTES FROM NOVEMBER FIRST OF EACH YEAR TO MARCH FIRST OF THE SUCCEEDING YEAR.

Rep. DUNCAN explained the Senate Amendments.


Printed Page 4909 . . . . . Wednesday, May 26, 2010

The yeas and nays were taken resulting as follows:

Yeas 76; Nays 7

Those who voted in the affirmative are:

Allison                Bales                  Bannister
Bedingfield            Bingham                Bowen
Bowers                 Brady                  Brantley
G. A. Brown            H. B. Brown            Cato
Chalk                  Clemmons               Cole
Crawford               Delleney               Duncan
Edge                   Erickson               Forrester
Funderburk             Gambrell               Govan
Gunn                   Hamilton               Hardwick
Harrell                Harvin                 Herbkersman
Hodges                 Horne                  Hosey
Hutto                  Jefferson              Kelly
Kennedy                King                   Kirsh
Littlejohn             Loftis                 Long
Lowe                   Lucas                  Mack
McEachern              Merrill                Miller
Mitchell               D. C. Moss             V. S. Moss
Nanney                 J. H. Neal             J. M. Neal
Neilson                Norman                 Owens
Parker                 Pinson                 M. A. Pitts
Rice                   Sandifer               Sellers
Skelton                D. C. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Stewart                Stringer               Umphlett
White                  Williams               Willis
Wylie

Total--76

Those who voted in the negative are:

Ballentine             Frye                   Gilliard
Huggins                Spires                 Toole
T. R. Young

Total--7


Printed Page 4910 . . . . . Wednesday, May 26, 2010

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.

RECORD FOR VOTING

I was out of the Chamber in a meeting at the Senate when the amendments to S. 1294 were overwhelmingly adopted. Had I been present, I would have voted for these amendments, and I want to thank my constituent, Mr. Ricky Williams, who is President of the S.C. Trappers Association, for his advocacy of this legislation.

Rep. Doug Jennings

S. 1134--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration:

S. 1134 (Word version) -- Senators Peeler and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 38 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION BILL OF RIGHTS FOR CHILDREN IN FOSTER CARE ACT" TO PROVIDE THAT SCHOOL DISTRICTS SHALL TAKE CERTAIN MEASURES TO HELP ENSURE THAT THE EDUCATION NEEDS OF CHILDREN IN FOSTER CARE ARE MET BY ASSISTING WITH ENROLLMENT, SCHOOL RECORDS AND CREDIT TRANSFERS, ACCESS TO RESOURCES AND ACTIVITIES, AND EXCUSED ABSENCE MAKE-UP REQUIREMENTS; TO PROVIDE THAT SCHOOL DISTRICTS SHALL PROVIDE ACCESS TO AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT OF SOCIAL SERVICES FOR SCHOOL RECORDS OF CHILDREN IN FOSTER CARE; AND TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE AN EDUCATIONAL ADVOCATE FOR CHILDREN IN FOSTER CARE.

Rep. OWENS explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 85; Nays 0


Printed Page 4911 . . . . . Wednesday, May 26, 2010

Those who voted in the affirmative are:

Allison                Bales                  Ballentine
Bannister              Barfield               Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                G. A. Brown
H. B. Brown            Cato                   Chalk
Clyburn                Cobb-Hunter            Cole
Cooper                 Crawford               Daning
Delleney               Edge                   Erickson
Forrester              Funderburk             Gambrell
Gilliard               Govan                  Gunn
Hamilton               Harrell                Harrison
Hearn                  Herbkersman            Hodges
Horne                  Hosey                  Huggins
Hutto                  Jefferson              Kelly
King                   Kirsh                  Knight
Loftis                 Long                   Lowe
Lucas                  Mack                   Merrill
Miller                 Mitchell               D. C. Moss
V. S. Moss             Nanney                 J. H. Neal
J. M. Neal             Neilson                Norman
Ott                    Owens                  Parker
Pinson                 M. A. Pitts            Rice
Sandifer               Sellers                Skelton
D. C. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Stavrinakis
Stringer               Toole                  Umphlett
Vick                   White                  Williams
Willis                 Wylie                  A. D. Young
T. R. Young

Total--85

Those who voted in the negative are:

Total--0

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.


Printed Page 4912 . . . . . Wednesday, May 26, 2010

H. 3790--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration:

H. 3790 (Word version) -- Rep. Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA MORTGAGE LENDING ACT", BY ADDING CHAPTER 22 TO TITLE 37 SO AS TO REQUIRE THE LICENSING OF A MORTGAGE LENDER, LOAN ORIGINATOR, OR SOMEONE ACTING AS A MORTGAGE LENDER; PROVIDE DEFINITIONS; ESTABLISH QUALIFICATIONS FOR LICENSURE AND GROUNDS FOR REVOCATION, SUSPENSION, RENEWAL, AND TERMINATION; DESCRIBE PROHIBITED ACTIVITIES; PROVIDE FOR RECORD-KEEPING, TRUST AND ESCROW ACCOUNTS, AND ANNUAL REPORTS; PROVIDE FOR ENFORCEMENT THROUGH ADMINISTRATIVE ACTION BY THE COMMISSIONER OF THE CONSUMER FINANCE DIVISION OF THE BOARD OF FINANCIAL INSTITUTIONS AND THROUGH CRIMINAL PENALTIES, AND TO PROVIDE FOR PARTICIPATION IN A NATIONAL MORTGAGE REGISTRY; TO AMEND SECTIONS 37-1-301, 37-3-105, 37-3-501, AND 37-23-20, ALL RELATING TO DEFINITIONS IN CONNECTION WITH MORTGAGE LENDING AND BROKERING AND HIGH-COST AND CONSUMER HOME LOANS, SO AS TO CONFORM DEFINITIONS, AND TO ADD A DEFINITION FOR "ADJUSTABLE RATE MORTGAGE"; TO AMEND SECTIONS 37-23-40, 37-23-45, AND 37-23-75, ALL RELATING TO PROTECTIONS FOR THE BORROWER IN A HIGH-COST OR CONSUMER HOME LOAN TRANSACTION, SO AS TO REQUIRE CERTAIN DISCLOSURES IN CONNECTION WITH AN ADJUSTABLE RATE MORTGAGE; TO AMEND SECTION 29-4-20, RELATING TO THE DEFINITION OF "REVERSE MORTGAGE", SO AS TO CONFORM THE DEFINITION; AND TO AMEND CHAPTER 58, TITLE 40, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO CHANGE THE REGISTRATION REQUIREMENTS TO LICENSING REQUIREMENTS, TO CONFORM DEFINITIONS TO THOSE SET FORTH IN THE SOUTH CAROLINA MORTGAGE LENDING ACT, REQUIRE CERTAIN PROFESSIONAL COURSES, AN ADDITIONAL YEAR OF EXPERIENCE, AND A


Printed Page 4913 . . . . . Wednesday, May 26, 2010

FINGERPRINT CHECK FOR MORTGAGE BROKERS AND LOAN ORIGINATORS, REQUIRE CERTAIN RECORDS BE KEPT AND MADE ACCESSIBLE, ADD CERTAIN PROHIBITIONS IN CONNECTION WITH A REAL ESTATE APPRAISAL, REQUIRE AND PRESCRIBE MORTGAGE BROKER AGREEMENTS, AUTHORIZE ENFORCEMENT BY THE DEPARTMENT OF CONSUMER AFFAIRS AND PRESCRIBE ADMINISTRATIVE PENALTIES INCLUDING FINES AND INJUNCTIONS AND A CRIMINAL PENALTY, REQUIRE CERTAIN REPORTS AND FILINGS, AND PROVIDE FOR PARTICIPATION IN A NATIONWIDE MORTGAGE REGISTRY.

Rep. SANDIFER explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 96; Nays 0

Those who voted in the affirmative are:

Allison                Anderson               Bales
Bannister              Barfield               Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
G. A. Brown            H. B. Brown            Cato
Chalk                  Clemmons               Clyburn
Cobb-Hunter            Cole                   Crawford
Daning                 Delleney               Dillard
Duncan                 Edge                   Erickson
Forrester              Frye                   Funderburk
Gambrell               Gilliard               Govan
Gunn                   Hamilton               Hardwick
Harrell                Harrison               Hearn
Herbkersman            Hiott                  Hodges
Horne                  Hosey                  Howard
Huggins                Hutto                  Jefferson
Jennings               Kelly                  King
Kirsh                  Knight                 Littlejohn
Long                   Lowe                   Lucas
Mack                   McEachern              Merrill
Miller                 Mitchell               D. C. Moss
V. S. Moss             Nanney                 J. M. Neal
Neilson                Norman                 Ott

Printed Page 4914 . . . . . Wednesday, May 26, 2010

Owens                  Parker                 Pinson
M. A. Pitts            Rice                   Sandifer
Scott                  Sellers                Simrill
Skelton                G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Stewart                Stringer
Toole                  Umphlett               Vick
White                  Williams               Willis
Wylie                  A. D. Young            T. R. Young

Total--96

Those who voted in the negative are:

Total--0

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.

H. 4215--NONCONCURRENCE IN SENATE AMENDMENTS

The Senate Amendments to the following Bill were taken up for consideration:

H. 4215 (Word version) -- Reps. Harrison, McLeod and Weeks: A BILL TO AMEND SECTION 18-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPEAL OF A DECISION OF A MAGISTRATE, SO AS TO PROVIDE THAT AN APPELLANT MUST SERVE A NOTICE OF APPEAL OF A DECISION OF A MAGISTRATE UPON THE OFFICER OR ATTORNEY WHO PROSECUTED THE CASE IN ADDITION TO THE MAGISTRATE WHO TRIED THE CASE.

Rep. MCLEOD explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 0; Nays 93

Those who voted in the affirmative are:

Total--0


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Those who voted in the negative are:

Alexander              Allison                Anderson
Bales                  Ballentine             Bannister
Barfield               Bedingfield            Bingham
Bowen                  Bowers                 Brady
Branham                Brantley               H. B. Brown
R. L. Brown            Cato                   Chalk
Clemmons               Cole                   Cooper
Daning                 Delleney               Dillard
Duncan                 Edge                   Forrester
Funderburk             Gambrell               Gilliard
Govan                  Gunn                   Hamilton
Hardwick               Harrell                Harrison
Harvin                 Hearn                  Herbkersman
Hiott                  Hodges                 Horne
Hosey                  Huggins                Hutto
Jefferson              Jennings               Kelly
King                   Kirsh                  Knight
Littlejohn             Long                   Lowe
Lucas                  Mack                   McEachern
McLeod                 Merrill                Miller
D. C. Moss             V. S. Moss             Nanney
J. H. Neal             J. M. Neal             Neilson
Norman                 Parker                 Pinson
M. A. Pitts            Rice                   Scott
Sellers                Simrill                Skelton
D. C. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Stewart                Stringer
Toole                  Umphlett               Vick
White                  Williams               Willis
Wylie                  A. D. Young            T. R. Young

Total--93

The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.


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H. 4945--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration:

H. 4945 (Word version) -- Reps. M. A. Pitts, Duncan and Willis: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE AND REDEFINE THE SINGLE-MEMBER DISTRICTS FROM WHICH TRUSTEES ARE ELECTED; AND TO REDESIGNATE MAP NUMBERS ON WHICH THESE DISTRICTS ARE DELINEATED.

Rep. M. A. PITTS explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 4; Nays 0

Those who voted in the affirmative are:

Duncan                 Kirsh                  M. A. Pitts
Willis

Total--4

Those who voted in the negative are:

Total--0

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.

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:

S. 217 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 24-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT FOR INMATES, SO AS TO SUBSTITUTE THE TERM "REGIONAL COUNTY OR MUNICIPAL JAIL" FOR THE TERM "COUNTY


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JAIL", AND TO INCLUDE FACILITY MANAGERS OF THE COUNTY, MUNICIPAL ADMINISTRATORS, OR THEIR EQUIVALENT AS PERSONS WHO THE STATE MUST OBTAIN CONSENT FROM TO HOUSE AS AN INMATE IN A LOCAL GOVERNMENTAL FACILITY; TO AMEND SECTION 24-3-27, RELATING TO THE ESTABLISHMENT OF LOCAL REGIONAL CORRECTIONAL FACILITIES, SO AS TO PROVIDE THAT THE DECISION TO ASSIGN WORK OR DISQUALIFY A PERSON FROM WORK IN A FACILITY IS IN THE SOLE DISCRETION OF THE OFFICIAL IN CHARGE OF THE FACILITY AND MAY NOT BE CHALLENGED; TO AMEND SECTION 24-3-30, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT, SO AS TO REVISE THE LIST OF PERSONS FROM WHICH THE STATE MUST OBTAIN CONSENT BEFORE AN INMATE MAY BE PLACED IN A FACILITY MAINTAINED BY A LOCAL GOVERNMENTAL ENTITY; TO AMEND SECTION 24-3-50, RELATING TO THE PENALTY FOR A PRISONER WHO FAILS TO REMAIN WITHIN THE EXTENDED LIMITS OF HIS CONFINEMENT, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO A PRISONER CONFINED IN A LOCAL FACILITY, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-3-60, RELATING TO THE CLERKS OF COURT PROVIDING NOTICE TO THE DEPARTMENT OF CORRECTIONS OF THE NUMBER OF CONVICTS SENTENCED TO IMPRISONMENT IN THE PENITENTIARY, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-70, RELATING TO ALLOWABLE EXPENSES INCURRED FOR THE TRANSPORTATION OF CONVICTS TO THE PENITENTIARY, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-80, RELATING TO THE DETENTION OF A PRISONER BY COMMITMENT AUTHORIZED BY THE GOVERNOR, SO AS TO SUBSTITUTE THE TERM "STATE PRISON SYSTEM" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-81, RELATING TO CONJUGAL VISITS WITHIN THE STATE PRISON SYSTEM, SO AS TO PROVIDE THAT NO PRISONER IN THE STATE PRISON SYSTEM OR WHO IS BEING DETAINED IN A LOCAL GOVERNMENTAL FACILITY IS PERMITTED TO HAVE CONJUGAL VISITS; TO AMEND SECTION 24-3-130, RELATING TO THE USE OF INMATE LABOR ON PUBLIC WORKS PROJECTS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-3-131, RELATING TO THE


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SUPERVISION OF INMATES USED ON PUBLIC PROJECTS, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION 24-3-140, RELATING TO THE USE OF CONVICT LABOR AT THE STATE HOUSE, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION 24-3-160, RELATING TO THE COST OF MAINTAINING CONVICTS BY STATE INSTITUTIONS, SO AS TO SUBSTITUTE THE TERM "INMATES" FOR THE TERM "CONVICTS", AND THE TERM "PRISON SYSTEM" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-170, RELATING TO THE USE OF CONVICTS BY CLEMSON UNIVERSITY, SO AS TO SUBSTITUTE THE TERMS "FEE" FOR THE TERM "HIRE", "INMATES" FOR THE TERM "CONVICTS", "EMPLOYEES" FOR THE TERM "GUARDS", AND "PRISON" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-180, RELATING TO THE PROVISION OF TRANSPORTATION AND CLOTHING FOR CONVICTS WHO HAVE BEEN DISCHARGED, SO AS TO SUBSTITUTE THE TERMS "INMATE" FOR THE TERM "CONVICT" AND THE TERM "STATE PRISON" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-190, RELATING TO APPROPRIATION OF CLOSE OF THE YEAR BALANCES FOR THE SUPPORT OF THE PENITENTIARY, SO AS TO SUBSTITUTE THE TERM "DEPARTMENT" FOR THE TERM "PENITENTIARY" AND THE TERM "INMATES" FOR THE TERM "CONVICTS"; TO AMEND SECTION 24-3-310, RELATING TO THE GENERAL ASSEMBLY'S INTENT FOR ESTABLISHING A PRISON INDUSTRIES PROGRAM, SO AS TO SUBSTITUTE THE TERM "PRISON" FOR THE TERM "CONVICT", AND "INMATES" FOR THE TERM "CONVICTS"; TO AMEND SECTION 24-3-320, RELATING TO THE PURCHASE OF EQUIPMENT AND MATERIALS AND EMPLOYMENT OF PERSONNEL FOR THE ESTABLISHMENT AND MAINTENANCE OF PRISON INDUSTRIES, SO AS TO MAKE TECHNICAL CHANGES, SUBSTITUTE THE TERM "INMATES" FOR THE TERM "CONVICTS" AND TO DELETE THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-330, RELATING TO THE PURCHASE OF PRODUCTS PRODUCED BY CONVICT LABOR, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION 24-3-340, RELATING TO THE STATE'S PURCHASE OF PRODUCTS THAT ARE NOT PRODUCED BY CONVICT LABOR,


Printed Page 4919 . . . . . Wednesday, May 26, 2010

SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-37-370, RELATING TO THE PRIORITY OF DISTRIBUTION OF PRODUCTS PRODUCED BY CONVICT LABOR, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION 24-3-400, RELATING TO THE PRISON INDUSTRIES ACCOUNT, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION 24-3-420, RELATING TO PENALTIES FOR VIOLATIONS OF THE PROVISIONS RELATING TO THE PRISON INDUSTRIES PROGRAM, SO AS TO DELETE THE TERM "JAIL"; TO AMEND SECTION 24-3-520, RELATING TO THE TRANSPORTATION OF A PERSON SENTENCED TO DEATH, SO AS TO REVISE THIS PROVISION AND PROVIDE THAT THE FACILITY MANAGER WHO HAS CUSTODY OF THE INMATE HAS THE AUTHORITY TO TRANSFER HIM TO THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-3-540, RELATING TO THE DEATH CHAMBER AND THE TRANSPORTING OF A PERSON TO A PLACE TO BE ELECTROCUTED, SO AS TO SUBSTITUTE THE TERM "PRISON SYSTEM" FOR THE TERM "PENITENTIARY", AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-550, RELATING TO WITNESSES THAT MAY BE PRESENT DURING AN EXECUTION, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION 24-3-560, RELATING TO THE CERTIFICATION OF THE EXECUTION OF A PERSON, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-570, RELATING TO THE DISPOSITION OF THE BODY OF A PERSON WHO HAS BEEN EXECUTED, SO AS TO MAKE TECHNICAL CHANGES, TO SUBSTITUTE THE TERM "INMATES" FOR THE TERM "CONVICTS", AND "PRISON SYSTEM" FOR THE TERM "PENITENTIARY"; TO AMEND SECTION 24-3-710, RELATING TO THE INVESTIGATION OF THE MISCONDUCT THAT OCCURS IN THE PENITENTIARY, SO AS TO MAKE TECHNICAL CHANGES, SUBSTITUTE THE TERM "PRISON SYSTEM" FOR THE TERM "PENITENTIARY", AND PROVIDE THAT THE DIRECTOR OF THE STATE PRISON SYSTEM'S AUTHORITY TO INVESTIGATE MISCONDUCT IN THE STATE PRISON SYSTEM IS THE SAME AUTHORITY THAT AN OFFICIAL IN CHARGE OF A LOCAL FACILITY MAY EXERCISE; TO AMEND SECTION 24-3-720, RELATING TO


Printed Page 4920 . . . . . Wednesday, May 26, 2010

ENLISTING THE AID OF CITIZENS TO SUPPRESS PRISON RIOTS AND DISORDERS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-3-740, RELATING TO THE COMPENSATION OF A PERSON WHO ASSISTS THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-3-750, RELATING TO PROVIDING IMMUNITY TO A PERSON WHO ASSISTS THE DEPARTMENT OF CORRECTIONS IN SUPPRESSING DISORDER, RIOT, OR INSURRECTION, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-760, RELATING TO THE POWERS OF THE KEEPER WHEN THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS IS ABSENT, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-920, AS AMENDED, RELATING TO REWARDS FOR THE CAPTURE OF AN ESCAPED CONVICT, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "CONVICT"; TO AMEND SECTION 24-3-930, RELATING TO EXEMPTING CERTAIN PERSONS EMPLOYED BY THE PENITENTIARY FROM SERVING ON JURIES AND MILITARY OR STREET DUTY, SO AS TO SUBSTITUTE THE TERM "STATE PRISON SYSTEM" FOR THE TERM "PENITENTIARY" AND THE TERM "OTHER EMPLOYEES" FOR THE TERM "OTHER OFFICERS"; TO AMEND SECTION 24-3-940, RELATING TO PROHIBITING PRISONERS FROM GAMBLING, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-3-951, RELATING TO THE POSSESSION OR USE OF MONEY BY PRISONERS, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-3-965, RELATING TO THE TRIAL OF CERTAIN OFFENSES RELATED TO CONTRABAND IN MAGISTRATES COURT, SO AS TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM "PRISONER", TO PROVIDE THAT THIS PROVISION APPLIES TO REGIONAL DETENTION FACILITIES AND PRISON CAMPS, AND TO DEFINE THE TERM CONTRABAND; TO AMEND SECTION 24-5-10, RELATING TO A SHERIFF'S RESPONSIBILITIES AS THE CUSTODIAN OF A JAIL, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "JAILER" AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-5-12, RELATING TO COUNTIES THAT ASSUME CERTAIN RESPONSIBILITIES WITH REGARD TO THE CUSTODY OF COUNTY JAILS, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "JAILER", AND


Printed Page 4921 . . . . . Wednesday, May 26, 2010

TO PROVIDE THE CIRCUMSTANCES IN WHICH A COUNTY CAN DEVOLVE ITS POWER TO OPERATE A JAIL UPON A SHERIFF; TO AMEND SECTION 24-5-20, RELATING TO THE EMPLOYMENT OF A JAILER, SO AS TO DELETE THE PROVISION THAT ALLOWS A SHERIFF WHO DOES NOT LIVE IN A JAIL TO APPOINT A JAILER, TO PROVIDE THAT A SHERIFF WHO HAS CONTROL OF A JAIL SHALL APPOINT A FACILITY MANAGER WHO HAS CONTROL AND CUSTODY OF THE JAIL UNDER THE SUPERVISION OF THE SHERIFF, AND TO PROVIDE THAT IN CASES WHERE THE SHERIFF DOES NOT CONTROL A JAIL, THE COUNTY'S GOVERNING BODY SHALL APPOINT THE FACILITY MANAGER; TO AMEND SECTION 24-5-50, RELATING TO A SHERIFF'S KEEPING OF PRISONERS COMMITTED BY A CORONER, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGERS" FOR THE TERM "JAILERS", AND TO PROVIDE THIS PROVISION ALSO APPLIES TO GOVERNING BODIES THAT HAVE CUSTODY OF A JAIL TECHNICAL CHANGE; TO AMEND SECTION 24-5-60, RELATING TO SHERIFFS AND JAILERS KEEPING PRISONERS COMMITTED BY THE UNITED STATES GOVERNMENT, SO AS TO SUBSTITUTE THE TERM "GOVERNING BODIES" FOR THE TERM "JAILERS", AND TO PROVIDE THAT A SHERIFF OR FACILITY MANAGER MAY CHARGE A FEE FOR KEEPING THESE PRISONERS; TO AMEND SECTION 24-5-80, RELATING TO PROVIDING BLANKETS AND BEDDING TO PRISONERS, SO AS TO REVISE THE ITEMS THAT A PRISONER MUST BE FURNISHED TO INCLUDE SUFFICIENT FOOD, WATER, CLOTHING, HYGIENE PRODUCTS, BEDDING, AND SHELTER; TO AMEND SECTION 24-5-90, RELATING TO THE UNLAWFUL DISCRIMINATION IN THE TREATMENT OF PRISONERS, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "JAILER", AND TO REVISE THE PENALTY FOR A VIOLATION OF THIS PROVISION; TO AMEND SECTION 24-5-110, RELATING TO THE RETURN TO COURT BY A SHERIFF OF THE NAMES OF PRISONERS WHO ARE CONFINED ON THE FIRST DAY OF THE TERM OF GENERAL SESSIONS COURT, SO AS TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "SHERIFF", AND TO PROVIDE THAT THE USE OF ELECTRONIC RECORDS SATISFIES THIS REQUIREMENT; TO AMEND SECTION 24-5-120, RELATING TO A SHERIFF'S ANNUAL REPORT ON THE CONDITION OF A JAIL, SO AS TO


Printed Page 4922 . . . . . Wednesday, May 26, 2010

SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "SHERIFF"; TO AMEND SECTION 24-5-170, RELATING TO THE REMOVAL OF PRISONERS FROM A JAIL THAT MAYBE DESTROYED, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO A JAIL THAT IS RENDERED UNINHABITABLE, AND TO REVISE THE PROCEDURES TO TRANSFER THESE PRISONERS TO ANOTHER FACILITY; TO AMEND SECTIONS 24-5-300, 24-5-310, 24-5-320, AS AMENDED, 24-5-330, 24-5-350, 24-5-360, AS AMENDED, 24-5-370, 24-5-380, AND 24-5-390, ALL RELATING TO DEFINITIONS, AND THE APPOINTMENT, TRAINING, PHYSICAL COMPETENCE, DUTIES, IDENTIFICATION CARDS, UNIFORMS, AND WORKERS' COMPENSATION BENEFITS FOR RESERVE DETENTION OFFICERS, SO AS TO DELETE THE TERM "JAILER"; TO AMEND SECTION 24-7-60, RELATING TO THE CARE OF CONVICTS SENTENCED TO LABOR ON A COUNTY PUBLIC WORKS PROJECT, SO AS TO MAKE TECHNICAL CHANGES, AND TO SUBSTITUTE THE TERM "INMATES" FOR THE TERM "CONVICTS", AND THE TERM "GENERAL FUND" FOR THE TERM "ROAD FUND"; TO AMEND SECTION 24-7-110, RELATING TO THE HEALTH OF CONVICTS IN A COUNTY'S CUSTODY, SO AS TO MAKE TECHNICAL CHANGES, SUBSTITUTE THE TERM "MEDICAL PERSONNEL" FOR THE TERM "PHYSICIAN", "INMATES" FOR THE TERM "CONVICTS", "COUNTY JAIL, DETENTION FACILITY, PRISON CAMP, OR OTHER LOCAL FACILITIES" FOR THE TERM "CHAIN GANG", AND TO REVISE THE PROCEDURE TO PROVIDE AND PAY FOR HEALTH CARE SERVICES FOR INMATES IN A COUNTY'S CUSTODY; TO AMEND SECTION 24-7-120, RELATING TO THE INCARCERATION OF CONVICTS BY MUNICIPAL AUTHORITIES, SO AS TO PROVIDE STANDARDS THAT A MUNICIPAL AUTHORITY MUST MAINTAIN WHEN IT SUPERVISES PERSONS SENTENCED TO A PUBLIC WORK DETAIL, OR OPERATES A JAIL, AND TO REVISE THIS PROVISION TO ALLOW A MUNICIPALITY TO ENTER INTO AGREEMENTS TO HOUSE THEIR PRISONERS IN COUNTY FACILITIES; TO AMEND SECTION 24-7-155, RELATING TO THE PROHIBITION OF CONTRABAND IN A COUNTY OR MUNICIPAL PRISON, SO AS TO PROVIDE THAT THIS SECTION APPLIES TO MULTI-JURISDICTIONAL FACILITIES, TO SUBSTITUTE THE TERM "INMATE" FOR THE TERM


Printed Page 4923 . . . . . Wednesday, May 26, 2010

"PRISONER", TO DELETE A REFERENCE TO THE TERM "SUPERINTENDENT OF THE FACILITY", AND TO PROVIDE THAT THE FACILITY MAY DESIGNATE ADDITIONAL ITEMS OF CONTRABAND THAT ARE PROHIBITED; TO AMEND SECTION 24-9-30, RELATING TO MINIMUM STANDARDS THAT MUST BE MET BY FACILITIES THAT HOUSE PRISONERS OR PRETRIAL DETAINEES, SO AS TO DELETE THE PROVISION THAT REQUIRES A COPY OF CERTAIN INSPECTION REPORTS BE SENT TO CERTAIN JUDGES OF THE JUDICIAL CIRCUIT IN WHICH THE FACILITY IS LOCATED, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 24-9-35, RELATING TO REPORTS OF DEATHS OF INCARCERATED PERSONS, SO AS TO MAKE TECHNICAL CHANGES, PROVIDE THAT THIS PROVISION APPLIES TO MULTI-JURISDICTIONAL FACILITIES AND TO SUBSTITUTE THE TERM "FACILITY MANGER" FOR THE TERM "JAILER"; TO AMEND SECTION 24-9-40, RELATING TO THE CERTIFICATION OF ARCHITECTURAL PLANS BEFORE A CONFINEMENT FACILITY IS CONSTRUCTED, SO AS TO PROVIDE THAT THIS SECTION APPLIES TO THE RENOVATION OF CONFINEMENT FACILITIES; TO AMEND SECTIONS 24-13-10, 24-13-20, 24-13-30, 24-13-40, 24-13-50, 24-13-80, 24-13-125, 24-13-150, 24-13-210, 24-13-230, 24-13-235, 24-13-260, 24-13-410, 24-13-420, 24-13-430, 24-13-440, 24-13-450, 24-13-460, 24-13-470, 24-13-640, 24-13-660, 24-13-910, 24-13-915, 24-13-940, AND 24-13-1540, ALL RELATING TO THE INCARCERATION OF PRISONERS, THE REDUCTION IN A PRISONER'S SENTENCE, PRISONER OFFENSES, THE PRISON WORK RELEASE PROGRAM, FURLOUGHS, THE SHOCK INCARCERATION PROGRAM, AND THE HOME DETENTION PROGRAM, SO AS TO SUBSTITUTE THE TERM "LOCAL DETENTION FACILITIES" FOR THE TERM "CHAIN GANGS", SUBSTITUTE THE TERMS "INMATES" AND "CONVICTS" FOR THE TERM "PRISONERS", TO MAKE TECHNICAL CHANGES, TO SUBSTITUTE THE TERM "FACILITY MANAGER" FOR THE TERM "OFFICIAL", TO REVISE THE DEFINITION OF THE TERM "DETENTION FACILITY", TO REVISE THE TYPE AND COST OF MEDICAL SERVICES THAT MAYBE PAID FROM AN INMATE'S ACCOUNT, TO PROVIDE THAT IT IS UNLAWFUL FOR A PRISONER TO ESCAPE FROM CUSTODY OR TO POSSESS ITEMS THAT MAY BE USED TO FACILITATE AN


Printed Page 4924 . . . . . Wednesday, May 26, 2010

ESCAPE, AND TO DELETE A REFERENCE TO THE TERM "LOCAL CORRECTIONAL FACILITY"; TO AMEND SECTION 16-7-140, RELATING TO PENALTIES FOR VIOLATING PROVISIONS THAT PROHIBIT THE WEARING OF MASKS AND PLACING A BURNING CROSS ON A PROPERTY WITHOUT ITS OWNER'S PERMISSION, SO AS TO DELETE A REFERENCE TO THE TERM "COUNTY JAIL"; TO AMEND SECTION 63-3-620, AS AMENDED, RELATING TO PENALTIES FOR A PERSON'S FAILURE TO OBEY CERTAIN ORDERS OF A COURT AND STATUTES RELATING TO THE CHILDREN'S CODE OF LAW, SO AS TO SUBSTITUTE THE TERM "DETENTION FACILITY" FOR THE TERM "CORRECTIONAL FACILITY", AND TO DELETE A PROVISION THAT PLACES RESTRICTIONS ON WHO MAY PARTICIPATE IN A WORK/PUNISHMENT PROGRAM; TO REPEAL SECTIONS 24-3-150, 24-3-200, 24-5-30, 24-5-70, 24-5-100, 24-5-140, 24-5-150, 24-5-160, 24-7-70, 24-7-80, 24-7-130, 24-7-140, AND 24-7-150 RELATING TO THE TRANSFER OF CONVICTS TO A COUNTY CHAIN GANG, THE TRANSFER OF A PRISONER TO A COUNTY OTHER THAN THE COUNTY WHERE HE WAS SENTENCED, THE APPOINTMENT OF A JAILER BY A SHERIFF, THE USE OF FEDERAL PRISONERS BY A COUNTY, A SHERIFF'S IMPRESSING A SUFFICIENT NUMBER OF GUARDS TO SECURE A PRISONER WHO IS ACCUSED OF A CAPITAL OFFENSE, THE HOUSING OF FEMALE CONVICTS, THE CONFINEMENT OF PERSONS CHARGED WITH A CRIME IN A PRISON LOCATED IN AN INDUSTRIAL COMMUNITY, THE LEASE OF COUNTY CONVICTS, THE DIETING AND CLOTHING AND MAINTENANCE OF CERTAIN PRISONERS BY LOCAL GOVERNMENTAL AUTHORITIES, AND THE COLLECTION AND DISPOSITION OF MONEY BY A COUNTY FOR THE HIRING OF CONVICTS; BY ADDING ARTICLE 2 TO CHAPTER 5, TITLE 24 SO AS TO ENACT THE LOCAL DETENTION FACILITY MUTUAL AID AND ASSISTANCE ACT TO ALLOW LOCAL DETENTION FACILITIES TO ASSIST EACH OTHER IN PROVIDING SAFE AND SECURE HOUSING OF INMATES UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 24-21-560, RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES COMMUNITY SUPERVISION PROGRAM, SO AS TO REVISE THE MAXIMUM AGGREGATE AMOUNT OF TIME A PRISONER MAY BE


Printed Page 4925 . . . . . Wednesday, May 26, 2010

REQUIRED TO BE INCARCERATED WHEN SENTENCED FOR SUCCESSIVE COMMUNITY SUPERVISION PROGRAM REVOCATIONS.

S. 1154 (Word version) -- Senators Malloy, Knotts, Campsen, McConnell, Fair, Cromer, Ford, Elliott, Scott, Nicholson, Coleman, Massey, Cleary, Hutto, Peeler, Williams, Land, Rose, Campbell, L. Martin, Leventis, Leatherman, Setzler, O'Dell, Hayes and Pinckney: A BILL TO ENACT THE OMNIBUS CRIME REDUCTION AND SENTENCING REFORM ACT OF 2010, RELATING TO CRIMINAL OFFENSES, CORRECTIONS, PROBATION, AND PAROLE PROVISIONS, SO AS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT RECOMMENDATIONS PROPOSED BY THE SENTENCING REFORM COMMISSION REPORT OF FEBRUARY 2010.

S. 104 (Word version) -- Senators Verdin and Campsen: A BILL TO AMEND TITLE 46 OF THE 1976 CODE, RELATING TO AGRICULTURE, BY ADDING CHAPTER 53, TO LIMIT THE LIABILITY THAT AN AGRITOURISM PROFESSIONAL MAY INCUR DUE TO AN INJURY OR DEATH SUFFERED BY A PARTICIPANT IN AN AGRITOURISM ACTIVITY, TO PROVIDE THAT AN AGRITOURISM PROFESSIONAL MUST POST A WARNING NOTICE AT THE AGRITOURISM FACILITY, TO PROVIDE THAT WARNING NOTICES MUST BE INCLUDED IN CONTRACTS THE AGRITOURISM PROFESSIONAL ENTERS INTO WITH PARTICIPANTS, AND TO PROVIDE THAT THE AGRITOURISM PROFESSIONAL'S LIABILITY IS NOT LIMITED IF THE PROPER WARNING NOTICES ARE NOT PROVIDED TO PARTICIPANTS.

S. 452--RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up:

S. 452 (Word version) -- Senators Campbell, Leatherman, Reese, Shoopman, Williams, Mulvaney, Pinckney, O'Dell, Ford, Knotts, Bryant, Land, Grooms, Hutto, Fair, Peeler, Sheheen, Ryberg, Massey, Elliott, Alexander, McGill, Bright, L. Martin, Matthews, Setzler, Rose, Hayes and Campsen: A BILL TO AMEND CHAPTER 4, TITLE 49 OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA SURFACE


Printed Page 4926 . . . . . Wednesday, May 26, 2010

WATER WITHDRAWAL AND REPORTING ACT, TO PROVIDE THAT SUBJECT TO CERTAIN EXCEPTIONS, SURFACE WATER WITHDRAWALS MUST BE MADE PURSUANT TO A PERMIT, TO PROVIDE FOR COMPLETE EXEMPTIONS FROM THE PERMITTING REQUIREMENT, TO PROVIDE THAT REGISTERED SURFACE WATER WITHDRAWERS MAY WITHDRAW SURFACE WATER WITHOUT A PERMIT BUT SUBJECT TO CERTAIN RESTRICTIONS, TO PROVIDE FOR NONCONSUMPTIVE SURFACE WATER WITHDRAWAL PERMITS, TO PROVIDE FOR AN APPLICATION PROCEDURE FOR SURFACE WATER WITHDRAWERS THAT OWN AND OPERATE A LICENSED IMPOUNDMENT OR NEW SURFACE WATER WITHDRAWERS THAT WITHDRAW WATER FROM A LICENSED IMPOUNDMENT, TO PROVIDE FOR REPORTS TO THE DEPARTMENT OF NATURAL RESOURCES FROM PERMITTED AND REGISTERED WATER WITHDRAWERS AND THE CONTENTS OF THOSE REPORTS, TO PROVIDE THAT REGISTERED AND EXEMPT SURFACE WATER WITHDRAWERS MAY APPLY FOR A SURFACE WATER WITHDRAWAL PERMIT, TO AUTHORIZE NONRIPARIAN USE OF SURFACE WATER, TO PROVIDE FOR A PERMITTING PROCESS FOR NEW SURFACE WATER WITHDRAWERS, TO PROVIDE FOR THE CONTENTS OF THE APPLICATION, TO PROVIDE FOR THE DEPARTMENT'S DETERMINATION CONCERNING THE PERMIT, TO PROVIDE FOR PUBLIC HEARINGS CONCERNING NEW PERMIT APPLICATIONS FOR INTERBASIN TRANSFERS, TO PROVIDE FOR THE CONTENTS OF ISSUED PERMITS AND THE RIGHTS CONFERRED BY A PERMIT, TO PROVIDE FOR CIRCUMSTANCES UNDER WHICH A PERMIT MAY BE MODIFIED, SUSPENDED, OR REVOKED, TO PROVIDE FOR NOTICE TO THE DEPARTMENT CONCERNING CERTAIN NEW WATER INTAKES, TO PROVIDE FOR TEMPORARY PERMITS, TO PROVIDE AUTHORIZED WITHDRAWAL AMOUNTS, TO PROVIDE FOR OPERATIONAL AND CONTINGENCY PLANS, TO PROVIDE FOR POWERS AND DUTIES OF THE DEPARTMENT OF NATURAL RESOURCES CONCERNING IMPLEMENTATION OF THE CHAPTER, TO PROVIDE APPROPRIATE PENALTIES FOR VIOLATIONS, TO PROVIDE FOR PERMIT APPLICATION FEES; AND TO REPEAL CHAPTER 21, TITLE 49, RELATING TO THE INTERBASIN TRANSFER OF WATER, TO PROVIDE THAT CHAPTER 1, TITLE


Printed Page 4927 . . . . . Wednesday, May 26, 2010

49, RELATING TO GENERAL PROVISIONS CONCERNING WATER, WATER RESOURCES, AND DRAINAGE IS NOT AFFECTED BY AND SUPERCEDED BY CHAPTER 4, TITLE 49 AND TO PROVIDE APPROPRIATE DEFINITIONS.

The Bill, as amended, was read the third time and ordered returned to the Senate with amendments, by a division vote of 54-1.

S. 1027--RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up:

S. 1027 (Word version) -- Senator McGill: A BILL TO AMEND CHAPTER 11, TITLE 50 OF THE 1976 CODE, BY ADDING SECTION 50-11-770 TO ENACT THE "RENEGADE HUNTER ACT", TO PROHIBIT USING DOGS TO HUNT ON PROPERTY WITHOUT PERMISSION OF THE LANDOWNER, AND TO PROVIDE APPROPRIATE PENALTIES.

Rep. SELLERS demanded the yeas and nays which were taken, resulting as follows:

Yeas 59; Nays 40

Those who voted in the affirmative are:

Alexander              Allen                  Allison
Anderson               Bales                  Bingham
Brady                  Branham                Brantley
H. B. Brown            Chalk                  Clyburn
Cobb-Hunter            Cole                   Crawford
Daning                 Dillard                Duncan
Erickson               Funderburk             Govan
Gunn                   Harrell                Harvin
Hodges                 Horne                  Hosey
Jefferson              Jennings               Kennedy
Kirsh                  Knight                 Limehouse
Long                   Lowe                   Lucas
McEachern              McLeod                 Merrill
Miller                 Mitchell               D. C. Moss
V. S. Moss             Neilson                Norman
Ott                    Parker                 Pinson
M. A. Pitts            Sandifer               Scott

Printed Page 4928 . . . . . Wednesday, May 26, 2010

J. E. Smith            Spires                 Stewart
Umphlett               Vick                   Williams
Willis                 A. D. Young

Total--59

Those who voted in the negative are:

Ballentine             Bannister              Barfield
Bedingfield            Bowers                 G. A. Brown
R. L. Brown            Cato                   Clemmons
Cooper                 Delleney               Edge
Forrester              Frye                   Gambrell
Gilliard               Hamilton               Hearn
Hiott                  Huggins                Kelly
King                   Littlejohn             Loftis
Nanney                 J. H. Neal             J. M. Neal
Owens                  Rice                   Sellers
Simrill                Skelton                G. R. Smith
J. R. Smith            Sottile                Stringer
Thompson               White                  Wylie
T. R. Young

Total--40

The Bill was read the third time and ordered returned to the Senate with amendments.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. CATO.

S. 1403--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 1403 (Word version) -- Senators Rose, Grooms and Matthews: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF ORANGEBURG ROAD AND CENTRAL AVENUE IN DORCHESTER COUNTY AS "KNIGHT CROSSROADS" AND ERECT APPROPRIATE MARKERS OR


Printed Page 4929 . . . . . Wednesday, May 26, 2010

SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "KNIGHT CROSSROADS".

The Concurrent Resolution was adopted and sent to the Senate.

H. 5003--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 5003 (Word version) -- Reps. Harrell, Cato, Sandifer, Cooper, Jennings, J. E. Smith, Mack, Chalk, Toole and Rice: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT, THE CONGRESS, AND THE FEDERAL COMMUNICATIONS COMMISSION OF THE UNITED STATES TO REFRAIN FROM REGULATING INTERNET BROADBAND SERVICES AS COMMON CARRIER SERVICES UNDER TITLE II OF THE COMMUNICATIONS ACT OF 1934.

Rep. CATO spoke in favor of the Concurrent Resolution.

Rep. CATO demanded the yeas and nays which were taken, resulting as follows:

Yeas 92; Nays 6

Those who voted in the affirmative are:

Agnew                  Allen                  Allison
Anderson               Bales                  Ballentine
Bannister              Barfield               Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
H. B. Brown            Cato                   Chalk
Clemmons               Clyburn                Cobb-Hunter
Cole                   Cooper                 Daning
Delleney               Dillard                Duncan
Forrester              Frye                   Funderburk
Govan                  Hamilton               Harrell
Harvin                 Hearn                  Herbkersman
Hodges                 Horne                  Hosey
Howard                 Huggins                Hutto
Jefferson              Jennings               Kirsh
Knight                 Limehouse              Littlejohn
Loftis                 Long                   Lowe

Printed Page 4930 . . . . . Wednesday, May 26, 2010

Lucas                  Mack                   McEachern
Miller                 Mitchell               D. C. Moss
V. S. Moss             Nanney                 J. M. Neal
Neilson                Norman                 Ott
Owens                  Parker                 Pinson
M. A. Pitts            Rice                   Sandifer
Scott                  Simrill                Skelton
D. C. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Stewart                Stringer
Thompson               Toole                  Umphlett
Vick                   Viers                  White
Whitmire               Willis                 Wylie
A. D. Young            T. R. Young

Total--92

Those who voted in the negative are:

Gilliard               Gunn                   King
J. H. Neal             Sellers                Williams

Total--6

The Concurrent Resolution was adopted and sent to the Senate.

H. 4909--REJECTED

The following Bill was taken up:

H. 4909 (Word version) -- Reps. King, Gilliard, Parks, Dillard, Gunn, Howard, Mack, Hart and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-72 SO AS TO REQUIRE A STUDENT WHO PARTICIPATES ON A SCHOOL SPONSORED ATHLETIC TEAM TO BE ADMINISTERED A TEST TO DETERMINE IF THE STUDENT HAS SICKLE CELL ANEMIA DURING THE STUDENT'S PREPARTICIPATION PHYSICAL AND TO REQUIRE THE DOCTOR WHO ADMINISTERS THE TEST TO CLEAR THE STUDENT FOR PARTICIPATION ON THE TEAM BEFORE HE IS ELIGIBLE TO PARTICIPATE.


Printed Page 4931 . . . . . Wednesday, May 26, 2010

The yeas and nays were taken resulting as follows:

Yeas 48; Nays 56

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Bales                  Ballentine             Bannister
Bowers                 Brady                  Branham
Brantley               G. A. Brown            H. B. Brown
Clyburn                Cobb-Hunter            Dillard
Funderburk             Gilliard               Govan
Gunn                   Harrison               Harvin
Hodges                 Hosey                  Howard
Huggins                Hutto                  Jefferson
Jennings               King                   Knight
Mack                   McEachern              McLeod
Miller                 Mitchell               J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Sellers                J. E. Smith
Spires                 Stavrinakis            Stringer
Vick                   White                  Williams

Total--48

Those who voted in the negative are:

Allison                Barfield               Bedingfield
Bingham                Bowen                  Cato
Chalk                  Clemmons               Cole
Cooper                 Crawford               Daning
Delleney               Duncan                 Erickson
Forrester              Frye                   Hamilton
Hardwick               Hearn                  Herbkersman
Hiott                  Horne                  Kelly
Kirsh                  Limehouse              Littlejohn
Loftis                 Long                   Lowe
Lucas                  Merrill                D. C. Moss
V. S. Moss             Nanney                 Norman
Parker                 Pinson                 M. A. Pitts
Rice                   Sandifer               Scott
Simrill                Skelton                D. C. Smith
G. R. Smith            J. R. Smith            Sottile
Stewart                Thompson               Toole

Printed Page 4932 . . . . . Wednesday, May 26, 2010

Viers                  Whitmire               Wylie
A. D. Young            T. R. Young

Total--56

The Bill was then rejected.

S. 1051--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 1051 (Word version) -- Senator Davis: A BILL TO AMEND SECTION 48-39-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS, EXCEPTIONS, AND SPECIAL PERMITS CONCERNING CONSTRUCTION AND RECONSTRUCTION SEAWARD OF THE BASELINE OR BETWEEN THE BASELINE AND THE SET BACK LINE, SO AS TO REVISE THE DESCRIPTION OF A PRIVATE ISLAND WITH AN ATLANTIC SHORELINE THAT IS EXEMPT FROM THE PROVISIONS OF THIS SECTION AND THE FORTY-YEAR RETREAT POLICY.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (COUNCIL\GGS\22620SD10), which was adopted:
Amend the bill, as and if amended, by Section 48-39-290(B)(2)(e) of the 1976 Code as contained in SECTION 1 which begins on line 28 of page 1 and inserting:
/   "(e)   Subitem (a) does not apply to a private island with an Atlantic Ocean shoreline of twenty thousand, two hundred ten feet of which twenty thousand, ninety feet of shoreline is revetted with existing erosion control devices and one hundred twenty feet of shoreline is not revetted with existing erosion control devices. Nothing contained in this subitem makes this island eligible for each renourishment funds Section 48-39-280 and Section 48-39-290(B)(2)(a) do not apply to a private island with an Atlantic Ocean shoreline of twenty thousand, two hundred ten feet which is entirely revetted with existing erosion control devices. Nothing contained in this subitem makes this island eligible for beach renourishment funds. The baseline is established on this private island at the landward edge of the existing revetment and the setback line is established twenty feet landward of the baseline."   /


Printed Page 4933 . . . . . Wednesday, May 26, 2010

Renumber sections to conform.
Amend title to conform.

Rep. HIOTT explained the amendment.

Rep. SANDIFER spoke against the amendment.
Rep. VICK spoke in favor of the amendment.

The amendment was then adopted.

Rep. CHALK proposed the following Amendment No. 2 (COUNCIL\NBD\12324AC10), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION   __.   Chapter 39, Title 48 of the 1976 Code is amended by adding:

"Section 48-39-285.   In utilizing the best available historical data for the implementation of the forty-year policy of retreat from the shoreline, as provided for in Section 48-39-280(B), and as may otherwise be relied upon by the department, the department shall use historical data dating back no more than fifty years unless the department obtains the approval of the General Assembly by joint resolution authorizing the department to use earlier data. In seeking to obtain such approval, the department shall submit to the House Committee on Agriculture, Natural Resources and Environmental Affairs and the Senate Committee on Agriculture and Natural Resources the necessity and rationale for using earlier data."/
Renumber sections to conform.
Amend title to conform.

Rep. CHALK explained the amendment.
The amendment was then adopted.

POINT OF ORDER

Rep. SANDIFER raised the Point of Order that S. 1051 was out of order under Article III, Section 34 of the South Carolina Constitution.
SPEAKER HARRELL stated that the Chair of the House could not rule on substantive law, only procedural questions. He stated that the provision cited by Rep. SANDIFER was a substantive provision. Therefore, he overruled the Point of Order.


Printed Page 4934 . . . . . Wednesday, May 26, 2010

POINT OF ORDER

Rep. SANDIFER raised the Point of Order that S. 1051 was out of order in accordance with Section 2-7-410(A) since it attempted to draft a bill for legislation for private purposes.
SPEAKER HARRELL stated that the Chair of the House could not rule on substantive law, only procedural law. Therefore, he overruled the Point of Order.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 105; Nays 0

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Allison                Anderson               Ballentine
Bannister              Barfield               Bedingfield
Bingham                Bowen                  Brady
Branham                Brantley               G. A. Brown
H. B. Brown            Cato                   Chalk
Clemmons               Clyburn                Cobb-Hunter
Cole                   Cooper                 Crawford
Daning                 Delleney               Dillard
Duncan                 Edge                   Erickson
Forrester              Frye                   Funderburk
Gilliard               Govan                  Gunn
Hamilton               Hardwick               Harrell
Harrison               Harvin                 Hearn
Herbkersman            Hiott                  Hodges
Horne                  Hosey                  Howard
Huggins                Hutto                  Jefferson
Jennings               Kelly                  King
Kirsh                  Knight                 Limehouse
Littlejohn             Loftis                 Long
Lowe                   Lucas                  Mack
McEachern              McLeod                 Merrill
Miller                 Mitchell               D. C. Moss
V. S. Moss             Nanney                 J. H. Neal
J. M. Neal             Neilson                Norman
Ott                    Owens                  Parker
Parks                  Pinson                 M. A. Pitts

Printed Page 4935 . . . . . Wednesday, May 26, 2010

Rice                   Scott                  Sellers
Simrill                Skelton                D. C. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stewart
Stringer               Thompson               Umphlett
Vick                   Viers                  White
Whitmire               Williams               Willis
Wylie                  A. D. Young            T. R. Young

Total--105

Those who voted in the negative are:

Total--0

So, the Bill, as amended, was read the second time and ordered to third reading.

S. 1051--MOTION TO RECONSIDER TABLED

Rep. VICK moved to reconsider the vote whereby the following Bill was given second reading:

S. 1051 (Word version) -- Senator Davis: A BILL TO AMEND SECTION 48-39-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS, EXCEPTIONS, AND SPECIAL PERMITS CONCERNING CONSTRUCTION AND RECONSTRUCTION SEAWARD OF THE BASELINE OR BETWEEN THE BASELINE AND THE SET BACK LINE, SO AS TO REVISE THE DESCRIPTION OF A PRIVATE ISLAND WITH AN ATLANTIC SHORELINE THAT IS EXEMPT FROM THE PROVISIONS OF THIS SECTION AND THE FORTY-YEAR RETREAT POLICY.

Rep. HIOTT moved to table the motion to reconsider, which was agreed to.

SPEAKER PRO TEMPORE IN CHAIR


Printed Page 4936 . . . . . Wednesday, May 26, 2010

S. 288--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 288 (Word version) -- Senator L. Martin: A BILL TO AMEND CHAPTER 1, TITLE 56 OF THE 1976 CODE, BY ADDING SECTION 56-1-146 TO PROVIDE THAT A PERSON WHO IS CONVICTED OF A VIOLENT CRIME MUST SURRENDER HIS DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD TO THE COURT WHICH MUST TRANSMIT IT TO THE DEPARTMENT OF MOTOR VEHICLES TOGETHER WITH NOTICE OF THE CRIME AND TO PROVIDE THAT THE DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD IS CONSIDERED REVOKED AND MUST NOT BE RETURNED TO THE PERSON UNDER CERTAIN CIRCUMSTANCES; BY ADDING 56-1-148 TO PROVIDE THAT A PERSON CONVICTED OF A VIOLENT CRIME MUST HAVE A SPECIAL CODE AFFIXED TO THE REVERSE SIDE OF HIS DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD THAT IDENTIFIES THE PERSON AS HAVING BEEN CONVICTED OF A VIOLENT CRIME, TO PROVIDE A FEE TO BE CHARGED FOR AFFIXING THE CODE AND FOR ITS DISTRIBUTION, AND TO PROVIDE A PROCESS FOR REMOVING THE CODE; TO AMEND SECTION 56-1-80, RELATING TO THE CONTENTS OF A DRIVER'S LICENSE APPLICATION, TO PROVIDE THAT THE APPLICATION MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF A VIOLENT CRIME; AND TO AMEND SECTION 56-1-3350, RELATING TO THE ISSUANCE OF A SPECIAL IDENTIFICATION CARD BY THE DEPARTMENT OF MOTOR VEHICLES, TO PROVIDE THAT THE APPLICATION FOR A SPECIAL IDENTIFICATION CARD MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF A VIOLENT CRIME.

The Judiciary Committee proposed the following Amendment No. 1 (COUNCIL\SWB\8089CM10), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-146.   When a person is convicted of or pleads guilty or nolo contendere to a crime of violence as defined in Section


Printed Page 4937 . . . . . Wednesday, May 26, 2010

16-28-10(3) on or after July 1, 2011, in this State, the clerk of court must notify by mail, electronic mail, or facsimile the Department of Motor Vehicles within thirty days of the conviction of guilt or nolo contendere plea. The Department of Motor Vehicles must then notify the person who was convicted of the crime of violence as defined in Section 16-23-10(3) that he must surrender his driver's license or special identification card to the Department of Motor Vehicles by mail or in person, and the Department of Motor Vehicles shall issue to the person by mail or in person a driver's license or special identification card with the identifying code as referenced in Section 56-1-148. If the person convicted of a crime of violence as defined in Section 16-23-10(3) fails to surrender his driver's license or special identification card to the Department of Motor Vehicles, the driver's license or special identification card is considered cancelled."
SECTION   2.   Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-148. (A)   As used in this chapter 'identifying code' means a symbol, number, or letter of the alphabet developed by the department to identify a person convicted of or pleading guilty or nolo contendere to a crime of violence as defined in Section 16-23-10(3) on or after July 1, 2011. The symbol, number, or letter of the alphabet shall not be defined on the driver's license or special identification card.

(B)   In addition to the contents of a driver's license provided for in Section 56-1-140 or a special identification card provided for in Section 56-1-3350, a person who has been convicted of or pled guilty or nolo contendere to a crime of violence as defined in Section 16-23-10(3) on or after July 1, 2011, must have an identifying code determined by the department affixed to the reverse side of his driver's license or special identification card. The code must identify the person as having been convicted of a violent crime. The code must be developed by the department and made known to the appropriate law enforcement officers and judicial officials of this State.

(C)   The presence of a special identifying code on a person's driver's license or special identification card may not be used as a grounds to extend the detention of the person by a law enforcement officer or grounds for a search of the person or his vehicle.

(D)   The department shall charge a fee of fifty dollars for affixing the identifying code provided in subsection (B). This fee is in addition to the fee provided for in Section 56-1-140. This fee must be placed by


Printed Page 4938 . . . . . Wednesday, May 26, 2010

the Comptroller General into a special restricted account to be used by the department to defray expenses associated with this section.

(E)   A person whose driver's license or special identification card has been cancelled pursuant to Section 56-1-146 may apply for a new license or special identification card in a manner prescribed by the department. The department must issue by mail or in person a new license or special identification card with the identifying code required by this section after payment of the fifty-dollar fee provided in subsection (C). The department must not issue a new driver's license to a person during any period of suspension or revocation for any reason other than Section 56-1-146 and a driver's license may only be issued after the period of suspension or revocation has ended and the person is otherwise eligible to be issued a license.

(F)   The intent of placing an identifying code on a driver's license or special identification card that identifies a person who has been convicted of a crime of violence as defined in Section 16-23-10(3) is to promote the state's fundamental right to provide for the public health, welfare, and safety of its citizens and law enforcement officers. Notwithstanding this legitimate stated purpose, this provision is not intended to violate the guaranteed constitutional rights of persons who have violated our state's laws.

(G)   If a person's conviction or guilty plea for a crime of violence as defined in Section 16-23-10(3) is reversed on appeal, or if the person is subsequently pardoned, then the person may apply for a driver's license or special identification card that does not have the identifying code affixed.

(H)   A person who is not convicted of a subsequent crime of violence as defined in Section 16-23-10(3) for five years after he has completely satisfied the terms of his sentence or during the term of the person's probation or parole, whichever the sentencing judge determines is appropriate, may file an application with the department to have the identifying code affixed to his driver's license or special identification card removed.

(I)   A person must provide appropriate supporting documentation prescribed by the department to verify his eligibility to have the identifying code removed pursuant to subsections (F) or (G). Upon verification and payment of the fee provided in Section 56-1-140, the person must be issued a new driver's license or special identification card."
SECTION   3.   Section 56-1-80 of the 1976 Code is amended to read:


Printed Page 4939 . . . . . Wednesday, May 26, 2010

"Section 56-1-80.   (A)   Every An application for a driver's license or permit must:

(1)   be made upon the form furnished by the department;

(2)   be accompanied by the proper fee and acceptable proof of date and place of birth;

(3)   contain the full name, date of birth, sex, race, and residence address of the applicant and briefly describe the applicant;

(4)   state whether the applicant has been licensed as an operator or chauffeur and, if so, when and by what state or country;

(5)   state whether a license or permit has been suspended or revoked or whether an application has been refused and, if so, the date of and reason for the suspension, revocation, or refusal;

(6)   allow an applicant voluntarily to disclose a permanent medical condition, which must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record; and

(7)   allow an applicant voluntarily to disclose that he is an organ and tissue donor which must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record.

(B)   The information contained on a driver's license and in the driver's department records pertaining to a person's permanent medical condition, as provided for in item (A)(6), must be made available, upon request, to law enforcement and emergency medical services and hospital personnel; and the information and records pertaining to a person's organ and tissue donor status, as provided for in item (A)(7), must be made available, upon request, to law enforcement, emergency medical services and hospital personnel, and the South Carolina Donor Referral Network, as provided for in Section 44-43-910.

(C)   Whenever an application is received from a person previously licensed or permitted in another state, the Department of Motor Vehicles may request a copy of the applicant's record from the other state. When received, the record becomes a part of the driver's record in this State with the same effect as though entered on the operator's record in this State in the original instance. Every person who obtains a driver's license or permit for the first time in South Carolina and every person who renews his driver's license or permit in South Carolina must be furnished a written request form for completion and verification of liability insurance coverage.

The completed and verified form or an affidavit prepared by the department showing that neither he, nor a resident relative, owns a


Printed Page 4940 . . . . . Wednesday, May 26, 2010

motor vehicle subject to the provisions of this chapter, must be completed and delivered to the department at the time the license or permit is issued or renewed."
SECTION   4.   The first paragraph of Section 56-1-3350 of the 1976 Code is amended to read:

"Section 56-1-3350.   Upon application by any a person ten years of age or older who is a resident of South Carolina, the department shall issue a special identification card as long as:

(1)   the application is made on a form approved and furnished by the department; and

(2)   the applicant presents to the person issuing the identification card a birth certificate or other evidence acceptable to the department of his name and date of birth."
SECTION   5.   The requirements of Section 56-1-80 of the 1976 Code, as amended by Section 3 of this act, must be met upon the renewal of an existing driver's license or special identification card of a person convicted of a crime of violence as defined in Section 16-23-10(3) in this State on or after July 1, 2011.
SECTION   6.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION   7.   This act takes effect July 1, 2011, and applies to all persons convicted of a crime of violence as defined in Section 16-23-10(3). /
Renumber sections to conform.
Amend title to conform.

Rep. KELLY explained the amendment.
The amendment was then adopted.

Rep. PARKER moved to recommit the Bill to the Committee on Judiciary.


Printed Page 4941 . . . . . Wednesday, May 26, 2010

Rep. KELLY moved to table the motion.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 82; Nays 21

Those who voted in the affirmative are:

Allen                  Allison                Bales
Ballentine             Bannister              Barfield
Bedingfield            Bingham                Bowen
Brady                  Branham                G. A. Brown
H. B. Brown            Cato                   Chalk
Clemmons               Cole                   Crawford
Daning                 Delleney               Duncan
Edge                   Erickson               Forrester
Frye                   Funderburk             Hamilton
Hardwick               Harrell                Harrison
Harvin                 Hearn                  Herbkersman
Horne                  Huggins                Hutto
Jefferson              Jennings               Kelly
Kennedy                Kirsh                  Knight
Limehouse              Littlejohn             Long
Lowe                   Lucas                  McEachern
Merrill                Miller                 D. C. Moss
V. S. Moss             Nanney                 J. M. Neal
Neilson                Norman                 Ott
Owens                  Pinson                 M. A. Pitts
Rice                   Scott                  Sellers
Simrill                Skelton                G. R. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Stewart                Stringer
Thompson               Toole                  Umphlett
Viers                  White                  Whitmire
Willis                 Wylie                  A. D. Young
T. R. Young

Total--82

Those who voted in the negative are:

Agnew                  Anderson               Bowers
Brantley               Clyburn                Cobb-Hunter

Printed Page 4942 . . . . . Wednesday, May 26, 2010

Dillard                Gilliard               Govan
Gunn                   Hodges                 Hosey
Howard                 King                   Mack
J. H. Neal             Parker                 Parks
J. E. Smith            Vick                   Williams

Total--21

So, the motion to recommit the Bill was tabled.

The question then recurred to the adoption of the amendment.
The amendment was then adopted.

Reps. DUNCAN and COOPER proposed the following Amendment No. 2 (COUNCIL\12323CM10KRL), which was ruled out of order:
Amend the bill, as and if amended, by adding the following appropriately numbered section:
/SECTION   __.   Section 56-15-10(h) of the 1976 Code is amended to read:

"(h)   'Dealer' or 'motor vehicle dealer', any a person who sells or attempts to effect the sale of any motor vehicle. These terms do not include:

(1)   distributors or wholesalers.;

(2)   receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under the judgment or order of any court.;

(3)   public officers while performing their official duties.;

(4)   persons disposing of motor vehicles acquired for their own use and so used in good faith and not for the purpose of avoiding the provisions of law. Any person who effects or attempts to effect the sale of more than five motor vehicles in any one calendar year is considered a dealer or wholesaler, as appropriate, for purposes of this chapter.;

(5)   finance companies or other financial institutions who sell repossessed motor vehicles and insurance companies who sell motor vehicles they own as an incident to payments made under policies of insurance.;

(6)   companies not in the motor vehicle sales business or estates disposing of motor vehicles titled in the name of the company or estate if sold at public auction at the physical location of the


Printed Page 4943 . . . . . Wednesday, May 26, 2010

company or estate through an auctioneer or an auction firm licensed under Chapter 6, Title 40; and

(7)   auctioneers or auction firms licensed under Chapter 6, Title 40 while under contract with companies or estates to sell at public auction motor vehicles titled in the name of the company or estate at the physical location of the company or estate."/
Renumber sections to conform.
Amend title to conform.

Rep. DUNCAN explained the amendment.

POINT OF ORDER

Rep. SIMRILL raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
SPEAKER PRO TEMPORE CATO stated that while the Bill dealt with violent criminal offenders having their driver's licenses marked to signify their status as a violent offender, the amendment dealt with requirements of motor vehicle dealers. Therefore, he sustained the Point of Order and ruled the Amendment out of order.

Rep. RUTHERFORD proposed the following Amendment No. 4 (COUNCIL\SWB\8125CM10), which was ruled out of order:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION   __.   Section 56-3-115 of the 1976 Code is amended to read:

"Section 56-3-115.   The owner of a vehicle commonly known as a golf cart, if he has a valid driver's license, may obtain a permit from the Department of Motor Vehicles upon the payment of a fee of five dollars and proof of financial responsibility which permits his agent, employees, or him to:

(1)   operate the golf cart on a secondary highway or street within two five miles of his residence or place of business during daylight hours only. When the owner's residence is located within a gated community the five-mile limit must be measured from the community's primary entrance; and

(2)   cross a primary highway or street while traveling along a secondary highway or street within two five miles of his residence or place of business during daylight hours only; and

(3)   operate a golf cart along a secondary highway or street on a sea island whose total area is greater than seven square miles, but less


Printed Page 4944 . . . . . Wednesday, May 26, 2010

than ten square miles. As contained in this section, 'gated community' means any homeowners' community with at least one controlled access ingress and egress which includes the presence of a guard house, a mechanical barrier, or another method of controlled conveyance. A golf cart may cross a secondary highway whose maximum speed limit is at least forty-five miles an hour only at the location of a traffic control device." /
Renumber sections to conform.
Amend title to conform.

POINT OF ORDER

Rep. LUCAS raised the Point of Order that Amendment No. 4 was out of order in that it was not germane to the Bill.
SPEAKER PRO TEMPORE CATO stated that while the Bill dealt with identifying violent offenders through a designation on their driver's licenses, the amendment dealt with permits to operate golf carts. Therefore, he sustained the Point of Order and ruled the Amendment out of order.

Rep. T. R. YOUNG proposed the following Amendment No. 5 (COUNCIL\NBD\12413CM10), which was ruled out of order:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/SECTION   __.   A. Section 56-1-176 of the 1976 Code is amended to read:

"Section 56-1-176.   (A)   School attendance is a condition for the issuance or reinstatement of a beginner's permit, a conditional driver's license, and a special restricted driver's license, and a regular driver's license for a person who is less than eighteen years of age. The Department of Motor Vehicles may not issue or reinstate a beginner's permit, conditional driver's license, or a special restricted driver's license, or a regular driver's license to a person less than eighteen years of age pursuant to Section 56-1-40, Section 56-1-50, Section 56-1-175, or Section 56-1-180 unless the person:

(1)   has a high school diploma awarded by a public, private, or home school or a certificate of attendance issued by a public, private, or home school, or a General Education Development Diploma South Carolina High School Equivalency Diploma (GED); or

(2)   is enrolled in a public or private school or is home schooled under the provisions contained in Section Sections 59-65-40, 59-65-45, or 59-65-47, or is enrolled in an adult education program and


Printed Page 4945 . . . . . Wednesday, May 26, 2010

is making progress toward completion of a program leading to a South Carolina High School Equivalency Diploma (GED) or regular high school diploma; and:

(a)   the person student has conformed to the attendance laws, regulations, and policies of the school, school district, and the State Board of Education, student's public school, private school, or home school as applicable; and

(b)   the person student is not suspended or expelled from school.

(B)   Documentation At the time of application for a license described in subsection (A), documentation of enrollment status must be presented to the Department of Motor Vehicles by the applicant on a form approved by the Department. The documentation must indicate whether the student is in compliance with the requirements as provided in item (2) subsection (A).

(C)   Within fourteen days of learning that an enrolled student who is at least fifteen but less than eighteen years of age has accumulated seven or more total unexcused absences, been expelled, or dropped out of school as provided for in Section 56-1-177, the board of trustees of the school district or its designee, the governing body of a private school, or an official of a home school association shall notify the Department of Motor Vehicles. This notification must be by an electronic method as determined by the Department of Motor Vehicles. Nothing in this subsection should be construed to change the way or the frequency with which home school students or parents of home school students report a home school student's attendance in an academic year.

(D)   Upon receipt of notice of a student whose attendance to school falls in either subsection (1) or subsection (2) of Section 56-1-177, the department of motor vehicles must within ten days notify the minor of the suspension of the minor's license and driving privileges. The notice must be in the manner used by the department for similar driving suspensions.

(E)   Upon receipt of notice of suspension of the minor's license and driving privileges, the minor student's parent or guardian or in a case where the parent or guardian is unavailable an advocate for the student may appeal the decision. The notice must provide that a person aggrieved by the department's determination may file a request for a contested case hearing with the Office of Motor Vehicle Hearings in accordance with its rules of procedure. The Office of Motor Vehicle Hearings has exclusive jurisdiction to conduct these hearings. In such


Printed Page 4946 . . . . . Wednesday, May 26, 2010

appeal, the student's parent or guardian has the burden of demonstrating with clear and convincing evidence the need for a waiver as provided in this section. a waiver of the requirements of this section may be granted by the Office of Motor Vehicle Hearings if the student has a personal or family hardship that requires that the student have a driver's license. For purposes of this section, a personal or family hardship means a medical condition of the student or a member of his immediate family that requires that he maintain a driver's license to receive or transport an immediate family member for treatments, or employment requiring the student to maintain a driver's license to support himself or his immediate family. The filing of an appeal does not stay the suspension until a final decision is issued on appeal. The Office of Motor Vehicle Hearings shall notify the appropriate school district, governing body of a private school, or official of a home school association when an appeal decision results in the granting of a waiver of the provisions of Section 56-1-177. Any appeal from the determination of the Office of motor Vehicle Hearings shall be to the Administrative Law Court.

(F)   a person who has appealed a suspension of his privilege to operate a motor vehicle under this section may obtain a special route-restricted driver's license that is valid until the final disposition of his appeal. The special route-restricted driver's license allows the person to only operate a motor vehicle as transportation between his home and work, or as a part of his work duties, or relating to a medical emergency.

If the Department of Motor Vehicles issues a special route-restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the person may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the Department of Motor Vehicles by the person.

The fee for a special route-restricted driver's license is one hundred dollars. No additional fee is due because of changes in the place and hours of employment or residence. Twenty dollars of this fee must be deposited in the state general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles.

The operation of a motor vehicle outside the time limits and route imposed by a special route-restricted driver's license by the person issued that license is a violation of Section 56-1-460.


Printed Page 4947 . . . . . Wednesday, May 26, 2010

(G)   The suspension of driving privileges as provided in this section shall end upon the date of such minor's eighteenth birthday unless such minor can show that the minor complies with the requirements of subitems (A)(1) and (A)(2) of this section."
B.     Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-177.   A person's, who is less than eighteen years of age, privilege to operate a motor vehicle must be suspended if the person has:

(1)   been expelled from or dropped out of school for seven consecutive school days; or

(2)   accumulated seven or more unexcused absences in the current academic year or seven or more unexcused absences in the previous academic semester."
C.     Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-46.   Any person who drives a motor vehicle on a public highway of this state when his license to drive has been suspended, cancelled, revoked, or denied pursuant to Section 56-1-176 or 56-1-177 may be penalized pursuant to the provisions contained in Section 56-1-440, but may not be penalized pursuant to the provisions contained in Section 56-1-460."
D.     The Department of Education and the Department of Motor Vehicles may promulgate regulations to implement the provisions of this act.
E.     Notwithstanding another provision of this act this SECTION takes effect on August 1, 2011./
Renumber sections to conform.
Amend title to conform.

Rep. T. R. YOUNG explained the amendment.

POINT OF ORDER

Rep. LUCAS raised the Point of Order that Amendment No. 5 was out of order in that it was not germane to the Bill.
SPEAKER PRO TEMPORE CATO stated that the Bill dealt with identifying violent offenders through an appropriate designation on their driver's licenses, but the amendment dealt with the revocation of student licenses due to school absences. Therefore, he sustained the Point of Order and ruled the Amendment out of order.


Printed Page 4948 . . . . . Wednesday, May 26, 2010

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 83; Nays 18

Those who voted in the affirmative are:

Allen                  Allison                Bales
Ballentine             Barfield               Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                G. A. Brown
H. B. Brown            Cato                   Chalk
Clemmons               Cole                   Crawford
Daning                 Delleney               Duncan
Edge                   Erickson               Forrester
Frye                   Funderburk             Harrell
Hearn                  Herbkersman            Horne
Huggins                Hutto                  Jefferson
Jennings               Kelly                  Kirsh
Knight                 Limehouse              Loftis
Long                   Lowe                   Lucas
McEachern              McLeod                 Merrill
Miller                 D. C. Moss             V. S. Moss
Nanney                 J. M. Neal             Neilson
Norman                 Ott                    Owens
Parker                 Pinson                 M. A. Pitts
Rice                   Sandifer               Scott
Simrill                Skelton                D. C. Smith
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Stewart                Stringer
Thompson               Toole                  Umphlett
Vick                   Viers                  White
Whitmire               Willis                 Wylie
A. D. Young            T. R. Young

Total--83

Those who voted in the negative are:

Agnew                  Alexander              Anderson
Cobb-Hunter            Dillard                Gilliard
Govan                  Gunn                   Harvin

Printed Page 4949 . . . . . Wednesday, May 26, 2010

Hodges                 Hosey                  Kennedy
King                   Mack                   Mitchell
J. H. Neal             Rutherford             Sellers

Total--18

So, the Bill, as amended, was read the second time and ordered to third reading.

SPEAKER IN CHAIR

S. 1120--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 1120 (Word version) -- Senators Lourie, Pinckney, Williams, Leventis, Anderson, Land and Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1360 SO AS TO PROHIBIT HEALTH CARE PROVIDERS FROM ENGAGING IN DEBT COLLECTION ACTIVITIES RELATING TO MEDICAL TREATMENT RECEIVED IN CONNECTION WITH A CLAIM FOR COMPENSATION OF A VICTIM OF CRIME UNTIL AN AWARD IS MADE OR A CLAIM IS DENIED AND TO STAY THE STATUTE OF LIMITATIONS FOR THE COLLECTION OF THIS DEBT UNDER CERTAIN CIRCUMSTANCES.

Rep. HARRISON proposed the following Amendment No. 2 (COUNCIL\MS\7865CM10), which was adopted:
Amend the bill, as and if amended, Section 16-3-1360(A), as contained in SECTION 1, by adding / , or ninety days have passed after the health care provider first received notice of a pending claim / before the / . / on line 33, page 1.
Renumber sections to conform.
Amend title to conform.

Rep. HARRISON explained the amendment.
The amendment was then adopted.

Rep. RUTHERFORD proposed the following Amendment No. 1S (COUNCIL\AGM\18097BH10), which was tabled:


Printed Page 4950 . . . . . Wednesday, May 26, 2010

Amend the bill, as and if amended, by deleting Section 16-3-1360(A), as contained in SECTION 1, page 1, lines 28 through 36, and inserting:
/   (A)   When a person files a claim pursuant to this article, a health care provider that has received written notice of a pending claim is prohibited from all debt collection activities relating to medical and psychological treatment received by the person in connection with the claim until ninety days after the claim is approved or the claim is determined to be noncompensable and is denied. The statute of limitations for collection of the debt is suspended during the period in which the applicable health care provider is required to refrain from debt collection activities. /
Renumber sections to conform.
Amend title to conform.

Rep. HARRISON moved to table the amendment, which was agreed to.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 101; Nays 0

Those who voted in the affirmative are:

Agnew                  Alexander              Allison
Anderson               Bales                  Ballentine
Barfield               Bedingfield            Bingham
Bowen                  Bowers                 Brady
Branham                G. A. Brown            H. B. Brown
Cato                   Chalk                  Clemmons
Clyburn                Cobb-Hunter            Cole
Cooper                 Crawford               Daning
Delleney               Dillard                Duncan
Edge                   Erickson               Forrester
Frye                   Funderburk             Gilliard
Govan                  Gunn                   Harrell
Harrison               Harvin                 Hearn
Herbkersman            Hiott                  Hodges
Horne                  Hosey                  Huggins
Hutto                  Jefferson              King
Kirsh                  Knight                 Limehouse

Printed Page 4951 . . . . . Wednesday, May 26, 2010

Littlejohn             Loftis                 Long
Lowe                   Mack                   McEachern
Merrill                Miller                 D. C. Moss
V. S. Moss             Nanney                 J. H. Neal
J. M. Neal             Neilson                Norman
Ott                    Owens                  Parker
Parks                  Pinson                 M. A. Pitts
Rice                   Rutherford             Sandifer
Scott                  Sellers                Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stewart                Stringer               Thompson
Toole                  Umphlett               Vick
Viers                  White                  Whitmire
Williams               Willis                 Wylie
A. D. Young            T. R. Young

Total--101

Those who voted in the negative are:

Total--0

So, the Bill, as amended, was read the second time and ordered to third reading.

S. 2--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 2 (Word version) -- Senators McConnell, Peeler, Leatherman, Sheheen, Rose, Courson, Elliott, Massey, Hayes, Davis, Bright, L. Martin and Rankin: A BILL TO AMEND SECTION 11-11-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLEMENTATION OF THE LIMIT ON STATE SPENDING IMPOSED PURSUANT TO SECTION 7(C), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO REVISE THIS LIMIT BY IMPOSING AN ANNUAL LIMIT ON THE APPROPRIATION OF STATE GENERAL FUND REVENUES BY ADJUSTING SUCH REVENUES BY A ROLLING TEN-YEAR AVERAGE IN ANNUAL CHANGES IN GENERAL FUND REVENUES AND THE


Printed Page 4952 . . . . . Wednesday, May 26, 2010

CREATION OF A SEPARATE BUDGET STABILIZATION FUND IN THE STATE TREASURY TO WHICH MUST BE CREDITED ALL GENERAL FUND REVENUES IN EXCESS OF THE ANNUAL LIMIT, THE REVENUES OF WHICH MUCH FIRST BE USED TO STABILIZE GENERAL FUND REVENUES AVAILABLE FOR APPROPRIATION, TO DEFINE EMERGENCIES AND TO PROVIDE FOR SUSPENSION OF THIS APPROPRIATIONS LIMIT IN EMERGENCIES, TO PROVIDE THAT A CASH BALANCE IN THE BUDGET STABILIZATION FUND IN EXCESS OF FIFTEEN PERCENT OF GENERAL FUND REVENUES OF THE MOST RECENT COMPLETED FISCAL YEAR MAY BE APPROPRIATED IN SEPARATE LEGISLATION FOR VARIOUS NONRECURRING PURPOSES, AND TO DEFINE SURPLUS GENERAL FUND REVENUES.

Rep. WHITE proposed the following Amendment No. 3 (COUNCIL\BBM\9798HTC10), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Article 5, Chapter 11, Title 11 of the 1976 Code is amended by adding:

"Section 11-11-415.   (A)(1)   In addition to all other applicable constitutional and statutory limitations on general fund appropriations, notwithstanding any other provisions of law, and only to the extent that the limit on general fund appropriations for a fiscal year imposed by this subsection is lower than the annual limit imposed pursuant to Section 7(c) of the Constitution of this State and Section 11-11-410, total general fund appropriations for the fiscal year may not exceed the lesser of:

(a)   one hundred six percent of the adjusted base-year estimate; or

(b)   the adjusted base-year estimate increased by a percentage equal to the state's growth in population applied ratably over the period of the decennial United States census assuming a rate of increase equal to the rate in the most recently completed United States census for which population figures are available over the next preceding census and a percentage equal to the increase, if any, in the consumer price index in the most recently ended federal fiscal year, as determined by the Bureau of Labor Statistics of the United States Department of Labor.


Printed Page 4953 . . . . . Wednesday, May 26, 2010

(2)   As used in this subsection, the 'adjusted base-year estimate' is the general fund revenue estimate made by the Board of Economic Advisors on February 15, 2011, for fiscal year 2011-2012 from whatever source derived as adjusted annually and cumulatively as provided in item (1) of this subsection.

(3)   The Office of Research and Statistics of the State Budget and Control Board, upon approval by the State Economist and in consultation with the director of the board's Office of State Budget, shall calculate and provide the appropriate percentages for population and consumer price index growth to the Ways and Means Committee of the House of Representatives and the Senate Finance Committee no later than November tenth of each year.

(4)   Before the Governor may submit the proposed budget for these fiscal years, the proposal must include the certificate of the Director of the Office of State Budget that the proposed budget conforms to the limitation imposed by this subsection. The annual general appropriations bill may not be given third reading in the House of Representatives and Senate unless a similar certificate is received by the presiding officer in each house from the Director of the Office of State Budget before the bill is given third reading.

(B)(1)   Notwithstanding the provisions of subsection (A) of this section, the General Assembly may declare a financial emergency and suspend the spending limitation imposed pursuant to subsection (A) for any one fiscal year for a specific amount by a special vote as provided in this item by enactment of legislation which relates only to that matter. The state general fund appropriations for the fiscal year following the suspension must be determined as if the suspension had not occurred and, for purposes of determining subsequent limits, must be presumed to have been the maximum limit which could have been authorized if the limitation imposed pursuant to subsection (A) had not been suspended.

(2)   The special vote referred to in this item means an affirmative recorded roll-call vote in each branch of the General Assembly by two-thirds of the members present and voting but not less than three-fifths of the total membership in each branch.

(C)(1)   There is created in the State Treasury a fund separate and distinct from the general fund of the State, the Capital Reserve Fund, and all other funds entitled the Spending Limit Reserve Fund. Notwithstanding any other provision of law providing for the use of surplus general fund revenue, all general fund revenues accumulated in a fiscal year in excess of the limit on appropriations provided pursuant


Printed Page 4954 . . . . . Wednesday, May 26, 2010

to subsection (A) of this section must be credited to this fund. Revenues credited to this fund in a fiscal year may be appropriated by the General Assembly in its regular session in the year following the close of the applicable fiscal year. Revenues in this fund may be appropriated only for the purposes provided in item (2) of this subsection.

(2)(a)   If the balance in the general reserve fund established pursuant to Section 36, Article III of the Constitution of this State and Section 11-11-310 is less than the required balance, there must be appropriated to it all amounts in the Spending Limit Reserve Fund up to the total necessary to replenish the general reserve fund. This amount does not replace or supplant the minimum replenishment amount otherwise required to be made to the general reserve fund.

(b)   After the appropriation of amounts required pursuant to subitem (a) of this item, any remaining balance may be appropriated for or used to offset revenue reductions for:

(i)     temporary tax reductions;

(ii)   infrastructure improvements; and for purposes of this item, infrastructure includes, but is not limited to, fixed transportation facilities, to include highway, rail, water, and air, and the basic facilities, services, and installations needed for the functioning of government, to include water, sewer, and public sector communications;

(iii)   school buildings;

(iv)   school buses; and

(v)   expenses incurred by this State as a result of natural or other disasters declared by the President of the United States.

(c)   The total state share of a capital project funding for which is derived in whole or in part from the Spending Limit Reserve Fund, must be appropriated from the Spending Limit Reserve Fund in one installment.

(d)   Appropriations from the Spending Limit Reserve Fund must be made by means of a joint resolution originating in the House of Representatives."
SECTION   2.   This act takes effect upon approval by the Governor, and first applies for general fund appropriations made for and surplus general fund revenues accruing in fiscal year 2011-2012. /
Renumber sections to conform.
Amend title to conform.

Rep. WHITE spoke in favor of the amendment.


Printed Page 4955 . . . . . Wednesday, May 26, 2010

Rep. SKELTON spoke against the amendment.

The question then recurred to the adoption of the amendment.

Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:

Yeas 64; Nays 36

Those who voted in the affirmative are:

Allison                Ballentine             Barfield
Bedingfield            Bingham                Bowen
Brady                  Cato                   Chalk
Clemmons               Cole                   Cooper
Crawford               Daning                 Delleney
Duncan                 Edge                   Erickson
Forrester              Frye                   Harrell
Hearn                  Herbkersman            Hiott
Horne                  Huggins                Hutto
Kelly                  Limehouse              Littlejohn
Loftis                 Long                   Lowe
Merrill                D. C. Moss             V. S. Moss
Nanney                 J. M. Neal             Norman
Owens                  Parker                 Pinson
M. A. Pitts            Rice                   Sandifer
Scott                  Simrill                D. C. Smith
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Spires                 Stavrinakis
Stewart                Thompson               Toole
Umphlett               Viers                  White
Willis                 Wylie                  A. D. Young
T. R. Young

Total--64

Those who voted in the negative are:

Agnew                  Alexander              Anderson
Bales                  Bowers                 Branham
G. A. Brown            H. B. Brown            Cobb-Hunter
Dillard                Funderburk             Gilliard
Govan                  Gunn                   Hodges
Hosey                  Howard                 Jefferson

Printed Page 4956 . . . . . Wednesday, May 26, 2010

Kennedy                King                   Kirsh
Knight                 McEachern              Miller
Mitchell               J. H. Neal             Neilson
Ott                    Parks                  Rutherford
Sellers                Skelton                J. E. Smith
Vick                   Whipper                Williams

Total--36

The amendment was then adopted.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 73; Nays 24

Those who voted in the affirmative are:

Allison                Anderson               Ballentine
Barfield               Bedingfield            Bingham
Bowen                  Bowers                 Brady
G. A. Brown            Cato                   Chalk
Clemmons               Cole                   Cooper
Crawford               Daning                 Delleney
Duncan                 Edge                   Erickson
Forrester              Frye                   Hardwick
Harrell                Harrison               Hearn
Hiott                  Horne                  Huggins
Hutto                  Kelly                  Kirsh
Limehouse              Littlejohn             Loftis
Long                   Lowe                   McLeod
Merrill                Miller                 D. C. Moss
V. S. Moss             Nanney                 J. M. Neal
Neilson                Norman                 Owens
Parker                 Pinson                 M. A. Pitts
Rice                   Scott                  Simrill
D. C. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stewart
Thompson               Toole                  Umphlett
Viers                  White                  Whitmire

Printed Page 4957 . . . . . Wednesday, May 26, 2010

Willis                 Wylie                  A. D. Young
T. R. Young

Total--73

Those who voted in the negative are:

Agnew                  Bales                  Cobb-Hunter
Dillard                Funderburk             Gilliard
Govan                  Gunn                   Hodges
Hosey                  Howard                 Jefferson
Kennedy                King                   Knight
Mack                   McEachern              Mitchell
J. H. Neal             Rutherford             Sellers
Skelton                Vick                   Williams

Total--24

So, the Bill, as amended, was read the second time and ordered to third reading.

RECORD FOR VOTING

At the time a roll call vote was taken on S. 2, I was out of the Chamber trying to assist a constituent. Had I been present, I would have definitely voted in favor of the Bill. I feel very strongly that we need spending limitations.

Rep. Bill Sandifer

H. 4181--RECONSIDERED

Rep. BEDINGFIELD moved to reconsider the vote whereby the following Joint Resolution was recommitted to the Labor, Commerce and Industry Committee:

H. 4181 (Word version) -- Reps. Scott, Long, Haley, Duncan, Bedingfield, Horne, Erickson, A. D. Young, Millwood, Parker, Forrester and Wylie: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, SO AS TO ADD A NEW SECTION PRESERVING THE FREEDOM OF SOUTH CAROLINIANS WITH RESPECT TO THE PROVIDING OF HEALTH CARE SERVICES, BY PROHIBITING ANY LAW, REGULATION, OR RULE TO COMPEL AN INDIVIDUAL,


Printed Page 4958 . . . . . Wednesday, May 26, 2010

EMPLOYER, OR HEALTH CARE PROVIDER TO PARTICIPATE IN A HEALTH CARE SYSTEM, BY ALLOWING INDIVIDUALS AND EMPLOYERS TO PAY DIRECTLY FOR LAWFUL HEALTH CARE SERVICES WITHOUT PENALTIES OR FINES FOR THESE DIRECT PAYMENTS, BY PROVIDING THAT THE PURCHASE OR SALE OF HEALTH INSURANCE IN PRIVATE HEALTH CARE SYSTEMS MUST NOT BE PROHIBITED BY LAW, REGULATION, OR RULE, BY PROVIDING THOSE INCENTIVES IN WHICH THE RIGHTS PROVIDED BY THIS SECTION DO NOT APPLY, AND TO PROVIDE APPROPRIATE DEFINITIONS.

Rep. GUNN moved to table the motion to reconsider.

Rep. BEDINGFIELD demanded the yeas and nays which were taken, resulting as follows:

Yeas 34; Nays 67

Those who voted in the affirmative are:

Agnew                  Anderson               Bales
Bowers                 Branham                G. A. Brown
Clyburn                Cobb-Hunter            Dillard
Funderburk             Gilliard               Govan
Gunn                   Hodges                 Hosey
Howard                 Jefferson              Kennedy
King                   Kirsh                  Mack
McEachern              McLeod                 Mitchell
J. H. Neal             J. M. Neal             Neilson
Ott                    Parks                  Rutherford
Sellers                Vick                   Whipper
Williams

Total--34

Those who voted in the negative are:

Allison                Ballentine             Barfield
Bedingfield            Bingham                Bowen
Brady                  Cato                   Chalk
Clemmons               Cole                   Cooper
Crawford               Daning                 Delleney
Duncan                 Edge                   Erickson
Forrester              Frye                   Hardwick

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Harrell                Harrison               Hearn
Herbkersman            Hiott                  Horne
Huggins                Hutto                  Kelly
Knight                 Limehouse              Littlejohn
Loftis                 Long                   Lowe
Miller                 D. C. Moss             V. S. Moss
Nanney                 Norman                 Owens
Parker                 Pinson                 M. A. Pitts
Rice                   Sandifer               Scott
Simrill                Skelton                D. C. Smith
G. M. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stewart
Thompson               Toole                  Umphlett
Viers                  White                  Whitmire
Willis                 Wylie                  A. D. Young
T. R. Young

Total--67

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider.

Rep. SELLERS demanded the yeas and nays which were taken, resulting as follows:

Yeas 70; Nays 33

Those who voted in the affirmative are:

Allison                Ballentine             Barfield
Bedingfield            Bingham                Bowen
Brady                  Cato                   Chalk
Clemmons               Cole                   Cooper
Crawford               Daning                 Delleney
Duncan                 Edge                   Erickson
Forrester              Frye                   Hardwick
Harrell                Harrison               Hearn
Herbkersman            Hiott                  Horne
Huggins                Hutto                  Kelly
Kirsh                  Knight                 Limehouse
Littlejohn             Loftis                 Long
Lowe                   Merrill                Miller

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D. C. Moss             V. S. Moss             Nanney
Norman                 Owens                  Parker
Pinson                 M. A. Pitts            Rice
Sandifer               Scott                  Simrill
Skelton                D. C. Smith            G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stavrinakis            Stewart
Thompson               Toole                  Umphlett
Viers                  White                  Whitmire
Willis                 Wylie                  A. D. Young
T. R. Young

Total--70

Those who voted in the negative are:

Agnew                  Anderson               Bales
Bowers                 Branham                G. A. Brown
Clyburn                Cobb-Hunter            Dillard
Funderburk             Gilliard               Govan
Gunn                   Hodges                 Hosey
Howard                 Jefferson              Kennedy
King                   Mack                   McEachern
McLeod                 Mitchell               J. H. Neal
J. M. Neal             Neilson                Ott
Parks                  Rutherford             Sellers
Vick                   Whipper                Williams

Total--33

So, the motion to reconsider was agreed to.

H. 4181--DEBATE ADJOURNED

The following Joint Resolution was taken up:

H. 4181 (Word version) -- Reps. Scott, Long, Haley, Duncan, Bedingfield, Horne, Erickson, A. D. Young, Millwood, Parker, Forrester and Wylie: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, SO AS TO ADD A NEW SECTION PRESERVING THE FREEDOM OF SOUTH CAROLINIANS WITH RESPECT TO THE PROVIDING


Printed Page 4961 . . . . . Wednesday, May 26, 2010

OF HEALTH CARE SERVICES, BY PROHIBITING ANY LAW, REGULATION, OR RULE TO COMPEL AN INDIVIDUAL, EMPLOYER, OR HEALTH CARE PROVIDER TO PARTICIPATE IN A HEALTH CARE SYSTEM, BY ALLOWING INDIVIDUALS AND EMPLOYERS TO PAY DIRECTLY FOR LAWFUL HEALTH CARE SERVICES WITHOUT PENALTIES OR FINES FOR THESE DIRECT PAYMENTS, BY PROVIDING THAT THE PURCHASE OR SALE OF HEALTH INSURANCE IN PRIVATE HEALTH CARE SYSTEMS MUST NOT BE PROHIBITED BY LAW, REGULATION, OR RULE, BY PROVIDING THOSE INCENTIVES IN WHICH THE RIGHTS PROVIDED BY THIS SECTION DO NOT APPLY, AND TO PROVIDE APPROPRIATE DEFINITIONS.

Rep. CRAWFORD moved to adjourn debate on the Joint Resolution until Thursday, May 27, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 26, 2010
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Leatherman, Land and Fair of the Committee of Conference on the part of the Senate on H. 4657:

H. 4657 -- 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, 2010, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THIS OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.

Very respectfully,
President
Received as information.

Rep. HIOTT moved that the House do now adjourn, which was agreed to.


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ADJOURNMENT

At 4:32 p.m. the House, in accordance with the motion of Rep. GAMBRELL, adjourned in memory of Seth Craft of Honea Path, to meet at 10:00 a.m. tomorrow.

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