South Carolina General Assembly
120th Session, 2013-2014
Journal of the House of Representatives


Printed Page 4577 . . . . . Wednesday, May 22, 2013

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 Jeremiah 29:11: "For surely I know the plans I have for you, says the Lord, plans for your welfare and not for harm, to give you a future with hope."
Let us pray. Holy God, send us out today to do Your will, to speak the truth and practice love for each other. To this end, provide these leaders with the ability to accomplish what they have been sent here to do. Guide them every step of the way. Look in favor upon our Nation, President, State, Governor, Speaker, staff, and all who support these leaders in their work. Protect our defenders of freedom, at home and abroad, as they protect us. Heal the wounds, those seen and those hidden, of our brave warriors. Lord, in Your mercy, hear our prayer. 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. GEORGE moved that when the House adjourns, it adjourn in memory of Annie Laurie D. Cooper of Mullins, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for Deputy Timothy Causey, a first responder, who died as a result of the major fire at a condominium complex in Myrtle Beach.


Printed Page 4578 . . . . . Wednesday, May 22, 2013

COMMUNICATION

The following was received:

State of South Carolina
Office of the Governor

Columbia, S.C., May 16, 2013
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.

Local Appointment

Dorchester County Master-in Equity
Term Commencing: May 19, 2011
Term Expiring: June 3, 2016
Seat: Master-in-Equity
Vice: The Honorable Maite Murphy

Appointment
The Honorable James E. Chellis
106 Pine Grove Avenue
Summerville, South Carolina 29483

My very best,
Nikki R. Haley
Governor

CONFIRMATION OF APPOINTMENT

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 22, 2013
Mr. Speaker and Members of the House of Representatives:


Printed Page 4579 . . . . . Wednesday, May 22, 2013

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Local Appointment
Dorchester County Master-in Equity
Term Commencing: May 19, 2011
Term Expiring: June 3, 2016
Seat: Master-in-Equity
Vice: The Honorable Maite Murphy

Appointment
The Honorable James E. Chellis
106 Pine Grove Avenue
Summerville, South Carolina 29483

Respectfully,
President of the Senate

Received as information.

REPORTS OF STANDING COMMITTEE

Rep. OWENS, from the Committee on Education and Public Works, submitted a favorable report on:

S. 620 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 56-3-2335 OF THE 1976 CODE, RELATING TO RESEARCH AND DEVELOPMENT LICENSE PLATES, SO AS TO INCLUDE THE MANUFACTURE AND RESEARCH AND DEVELOPMENT OF TRANSMISSIONS IN THIS STATE IN THE DEFINITION OF "RESEARCH AND DEVELOPMENT BUSINESS", TO DEFINE THE TERM "TRANSMISSIONS", TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE RESEARCH AND DEVELOPMENT LICENSE PLATES FOR THE PURPOSE OF TESTING AND EVALUATING THE PERFORMANCE OF THE RESEARCH AND DEVELOPMENT BUSINESS' TRANSMISSIONS ON THE MOTOR VEHICLE, AND THE DEPARTMENT MAY ENTER INTO RECIPROCAL AGREEMENTS WITH OTHER STATES CONCERNING THE REGISTRATION AND OPERATION OF VEHICLES OWNED BY A RESEARCH AND DEVELOPMENT BUSINESS FOR THE PURPOSE OF TESTING AND EVALUATING THE PERFORMANCE OF THE RESEARCH AND


Printed Page 4580 . . . . . Wednesday, May 22, 2013

DEVELOPMENT BUSINESS' TRANSMISSIONS, TO PROVIDE IT IS THE SOLE RESPONSIBILITY OF THE RESEARCH AND DEVELOPMENT BUSINESS OR CONTRACTED FLEET OWNER TO TAKE ANY OTHER ACTIONS REQUIRED BY ANOTHER STATE THAT ARE NECESSARY FOR THE RESEARCH AND DEVELOPMENT BUSINESS OR CONTRACTED FLEET OWNER, AND TO LEGALLY TEST AND EVALUATE THE PERFORMANCE OF THE RESEARCH AND DEVELOPMENT BUSINESS' TRANSMISSIONS IN THAT STATE.
Ordered for consideration tomorrow.

Rep. OWENS, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 3383 (Word version) -- Reps. J. E. Smith, Gilliard, R. L. Brown and Whipper: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR ATTENDANCE IN A PUBLIC SCHOOL DISTRICT WITHOUT CHARGE, SO AS TO ELIMINATE A PROVISION ALLOWING A CHILD TO QUALIFY IF HE OWNS REAL ESTATE IN THE DISTRICT HAVING AN ASSESSED VALUE OF THREE HUNDRED DOLLARS OR MORE.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4183 (Word version) -- Reps. Erickson, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson,


Printed Page 4581 . . . . . Wednesday, May 22, 2013

Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE BEAUFORT ACADEMY GIRLS VARSITY SOCCER TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM FOR WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION CLASS AA/A STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4184 (Word version) -- Rep. Erickson: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE BEAUFORT ACADEMY GIRLS VARSITY SOCCER TEAM WITH THE TEAM COACHES AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2013 SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION AA/A STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Beaufort Academy girls varsity soccer team with the team coaches and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2013 South Carolina Independent School Athletic Association Class AA/A State Championship title.

The Resolution was adopted.


Printed Page 4582 . . . . . Wednesday, May 22, 2013

HOUSE RESOLUTION

The following was introduced:

H. 4185 (Word version) -- Reps. Bernstein, Finlay, Bales, Ballentine, Douglas, Hart, Howard, McEachern, M. S. McLeod, Neal, Rutherford, J. E. Smith, Alexander, Allison, Anderson, Anthony, Atwater, Bannister, Barfield, Bedingfield, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Felder, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE HAMMOND SKYHAWKS VARSITY BASEBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM ON CAPTURING THE 2013 SCISA CLASS 3A STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4186 (Word version) -- Reps. Bernstein, Finlay, Bales, Ballentine, Douglas, Hart, Howard, McEachern, M. S. McLeod, Neal, Rutherford, J. E. Smith, Alexander, Allison, Anderson, Anthony, Atwater, Bannister, Barfield, Bedingfield, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Felder, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hayes, Henderson, Herbkersman, Hiott,


Printed Page 4583 . . . . . Wednesday, May 22, 2013

Hixon, Hodges, Horne, Hosey, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE A.C. FLORA HIGH SCHOOL BASEBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM ON WINNING THE 2013 CLASS AAA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4187 (Word version) -- Reps. Bannister, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE CHRIST CHURCH EPISCOPAL SCHOOL BOYS VARSITY GOLF TEAM, COACHES, AND SCHOOL OFFICIALS FOR A


Printed Page 4584 . . . . . Wednesday, May 22, 2013

REMARKABLE SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2013 SOUTH CAROLINA CLASS A STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4188 (Word version) -- Rep. Henderson: A HOUSE RESOLUTION TO CONGRATULATE THE SOUTHSIDE CHRISTIAN SCHOOL GIRLS TRACK TEAM FOR WINNING THE 2013 CLASS A TRACK AND FIELD CHAMPIONSHIP TITLE AND TO COMMEND THE TEAM'S OUTSTANDING ATHLETES AND COACHES.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4189 (Word version) -- Rep. Henderson: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SOUTHSIDE CHRISTIAN SCHOOL GIRLS TRACK TEAM, COACH, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON WINNING THE 2013 CLASS A STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Southside Christian School Girls Track Team, coach, and school officials, at a date and time to be determined by the Speaker, for the purpose of recognizing and commending them on winning the 2013 Class A State Championship title.

The Resolution was adopted.


Printed Page 4585 . . . . . Wednesday, May 22, 2013

HOUSE RESOLUTION

The following was introduced:

H. 4190 (Word version) -- Reps. Finlay, Bernstein, Bales, Ballentine, Douglas, Hart, Howard, McEachern, M. S. McLeod, Neal, Rutherford and J. E. Smith: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE A. C. FLORA HIGH SCHOOL VARSITY BOYS GOLF TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON, AND TO CONGRATULATE THEM FOR WINNING THE 2013 CLASS AAA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4191 (Word version) -- Reps. Jefferson, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO CONGRATULATE FLORENCE GREEN MIDDLETON OF BERKELEY COUNTY ON THE OCCASION OF HER ONE HUNDRED FIFTH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MUCH HEALTH AND HAPPINESS IN THE DAYS AHEAD.

The Resolution was adopted.


Printed Page 4586 . . . . . Wednesday, May 22, 2013

HOUSE RESOLUTION

The following was introduced:

H. 4193 (Word version) -- Reps. G. M. Smith, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO CONGRATULATE HERMAN BURNS LIGHTSEY, JR., DEPUTY DIRECTOR OF THE SOUTH CAROLINA STATE ACCIDENT FUND, UPON THE OCCASION OF HIS RETIREMENT, TO COMMEND HIM FOR HIS MANY YEARS OF DEDICATED SERVICE, AND TO WISH HIM MUCH HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4194 (Word version) -- Reps. Hiott, Skelton and Owens: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR PICKENS COUNTY SHERIFF C. DAVID STONE, FOR HIS LONG AND DEDICATED SERVICE AND OUTSTANDING CONTRIBUTIONS


Printed Page 4587 . . . . . Wednesday, May 22, 2013

TO LAW ENFORCEMENT OVER THE PAST FORTY-FOUR YEARS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 4192 (Word version) -- Reps. Merrill, Crosby, Daning, Jefferson, Rivers and Southard: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO ADD FOUR PRECINCTS AND TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
On motion of Rep. MERRILL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4195 (Word version) -- Rep. McCoy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "PROMOTION OF ETHICAL STANDARDS AND PROFESSIONAL INTEGRITY IN PROPERTY AND CASUALTY INSURANCE SALES ACT" BY ADDING ARTICLE 9 TO CHAPTER 13, TITLE 38 SO AS TO PROVIDE THE PURPOSE OF THE ACT, TO PROVIDE NECESSARY DEFINITIONS, TO CREATE THE PROPERTY AND CASUALTY INSURANCE LICENSEE EXECUTIVE COMMITTEE, TO REQUIRE THE COMMITTEE TO ESTABLISH A CODE OF ETHICS FOR PROPERTY AND CASUALTY INSURANCE SALES AND TO INVESTIGATE VIOLATIONS OF THE CODE AND OTHER RELATED VIOLATIONS, TO PROVIDE FOR THE COMPOSITION, TERMS, AND COMPENSATION OF THE COMMITTEE, AND TO PROVIDE POWERS AND DUTIES OF THE COMMITTEE; AND TO AMEND SECTION 38-13-70, RELATING TO INVESTIGATIONS BY THE DIRECTOR OF THE DEPARTMENT


Printed Page 4588 . . . . . Wednesday, May 22, 2013

OF INSURANCE OF ALLEGED VIOLATIONS OF TITLE 38, SO AS TO MAKE CONFORMING CHANGES.
Referred to Committee on Labor, Commerce and Industry

S. 509 (Word version) -- Senators Thurmond, Hembree and Rankin: A BILL TO AMEND CHAPTER 13, TITLE 24 OF THE 1976 CODE, RELATING TO OFFENSES IN CONNECTION WITH ELECTRONIC MONITORING DEVICES, BY ADDING SECTION 24-13-425 TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO KNOWINGLY AND WITHOUT AUTHORITY TO REMOVE, DESTROY, OR CIRCUMVENT THE OPERATION OF AN ELECTRONIC MONITORING DEVICE WHICH IS BEING USED FOR THE PURPOSE OF MONITORING A PERSON, OR TO SOLICIT ANOTHER PERSON TO DO SO, AND TO PROVIDE FOR PENALTIES.
Referred to Committee on Judiciary

ROLL CALL

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

Allison                Anderson               Anthony
Atwater                Bales                  Ballentine
Bannister              Barfield               Bedingfield
Bernstein              Bingham                Bowen
Branham                Brannon                R. L. Brown
Burns                  Chumley                Clemmons
Clyburn                Cobb-Hunter            Cole
H. A. Crawford         K. R. Crawford         Crosby
Daning                 Delleney               Dillard
Douglas                Edge                   Erickson
Felder                 Finlay                 Forrester
Funderburk             Gagnon                 Gambrell
George                 Gilliard               Goldfinch
Govan                  Hamilton               Hardee
Hardwick               Harrell                Hayes
Henderson              Herbkersman            Hiott
Hixon                  Hodges                 Horne
Hosey                  Howard                 Huggins
Jefferson              Kennedy                King
Knight                 Limehouse              Loftis
Long                   Lowe                   Lucas


Printed Page 4589 . . . . . Wednesday, May 22, 2013

Mack                   McCoy                  McEachern
Merrill                Mitchell               D. C. Moss
V. S. Moss             Murphy                 Nanney
Neal                   Newton                 Norman
Ott                    Owens                  Parks
Patrick                Pitts                  Pope
Powers Norrell         Putnam                 Quinn
Ridgeway               Riley                  Rivers
Robinson-Simpson       Rutherford             Ryhal
Sabb                   Sandifer               Sellers
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Southard               Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Toole                  Vick
Weeks                  Wells                  Whipper
White                  Whitmire               Williams
Willis                 Wood

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, May 22.

William Bowers                    Grady Brown
Chris Hart                        Mia S. McLeod
Walt J. McLeod                    Elizabeth Munnerlyn
James E. Smith

Total Present--123

DOCTOR OF THE DAY

Announcement was made that Dr. H. Tim Pearce of Beaufort was the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. HARDEE presented to the House the Conway Christian School "Eagles" Varsity Boys Baseball Team, the 2013 South Carolina Association of Christian Schools Class AA Champions, their coaches and other school officials.


Printed Page 4590 . . . . . Wednesday, May 22, 2013

SPECIAL PRESENTATION

Rep. BARFIELD presented to the House the Conway Christian School "Lady Eagles" Varsity Softball Team, the 2013 South Carolina Association of Christian Schools Class AA Champions, their coaches and other school officials.

SPECIAL PRESENTATION

Rep. LUCAS presented to the House the Hartsville High School "Red Regime" Winter Guard and Indoor Percussion, the 2013 State Champions, their director and other school officials.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:

"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 3165 (Word version)
Date:   ADD:
05/22/13   BEDINGFIELD

CO-SPONSOR ADDED

Bill Number:   H. 3369 (Word version)
Date:   ADD:
05/22/13   RIVERS


Printed Page 4591 . . . . . Wednesday, May 22, 2013

CO-SPONSOR ADDED

Bill Number:   H. 3925 (Word version)
Date:   ADD:
05/22/13   LOFTIS

CO-SPONSOR REMOVED

Bill Number:   H. 4095 (Word version)
Date:   REMOVE:
05/22/13   SPIRES

ORDERED ENROLLED FOR RATIFICATION

The following Bills 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. 382 (Word version) -- Senators Grooms, Alexander, L. Martin, Campbell, Davis, McGill, Nicholson, O'Dell, Reese, Shealy, Johnson, Verdin, Williams, Cleary, Allen, Rankin, Setzler, Lourie, Scott, Ford, Turner, Bennett, Corbin, Bright, Hutto, Jackson, Sheheen, Pinckney, Cromer, Hembree, Matthews, McElveen, Young, Hayes and Malloy: A BILL TO AMEND SECTION 56-15-10, RELATING TO DEFINITIONS FOR REGULATING MANUFACTURERS, DISTRIBUTORS, AND DEALERS, TO DEFINE THE TERMS "DUE CAUSE" AND "MATERIAL BREACH"; TO AMEND SECTION 56-15-40, RELATING TO SPECIFIC ACTS DEEMED UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS OR PRACTICES, TO PROVIDE THAT A MANUFACTURER, DISTRIBUTOR, WHOLESALER, DISTRIBUTOR BRANCH OR DIVISION, FACTORY BRANCH OR DIVISION, WHOLESALE BRANCH OR DIVISION, OR FINANCIAL ARM, OFFICER, AGENT, OR OTHER REPRESENTATIVE THEREOF, MAY NOT REQUIRE OR COERCE A MOTOR VEHICLE DEALER TO OFFER TO SELL OR SELL ANY EXTENDED SERVICE CONTRACT, EXTENDED MAINTENANCE PLAN, FINANCIAL PRODUCT, OR INSURANCE PRODUCT OFFERED, SOLD, OR SPONSORED BY THE MANUFACTURER OR TO SELL, ASSIGN, OR TRANSFER ANY RETAIL INSTALLMENT SALES CONTRACT OR LEASE OBTAINED BY THE MOTOR VEHICLE DEALER IN CONNECTION WITH THE SALE OR LEASE OF A NEW MOTOR VEHICLE MANUFACTURED BY THE MANUFACTURER TO A


Printed Page 4592 . . . . . Wednesday, May 22, 2013

SPECIFIED FINANCE COMPANY, CLASS OF FINANCE COMPANIES, LEASING COMPANY, CLASS OF LEASING COMPANIES, OR TO ANY OTHER SPECIFIED PERSON; TO AMEND CHAPTER 15, TITLE 56, BY ADDING SECTION 56-15-47, TO PROVIDE THAT A MANUFACTURER MAY NOT PREVENT A MOTOR VEHICLE DEALER FROM DESIGNATING A SUCCESSOR TO THE DEALERSHIP IN THE EVENT OF DEATH OR INCAPACITY OF THE MOTOR VEHICLE DEALER; TO AMEND SECTION 56-15-60, RELATING TO MOTOR VEHICLE DEALER'S CLAIMS FOR COMPENSATION, TO PROVIDE THAT ALL WARRANTY CLAIMS, SERVICE CLAIMS, OR INCENTIVE CLAIMS NOT SPECIFICALLY DISAPPROVED IN WRITING WITHIN THIRTY DAYS OF RECEIPT SHALL BE CONSTRUED AS APPROVED AND PAYMENT MUST FOLLOW WITHIN THIRTY DAYS, AND A MANUFACTURER SHALL NOT UNREASONABLY DISAPPROVE A CLAIM THAT RESULTS IN A CLERICAL OR ADMINISTRATIVE ERROR AND THAT CLAIM DISAPPROVAL MUST BE BASED ON A MATERIAL DEFECT; TO AMEND CHAPTER 15, TITLE 56 BY ADDING SECTION 56-15-95, TO PROVIDE THAT A MANUFACTURER MAY NOT TERMINATE OR CANCEL A FRANCHISE OR SELLING AGREEMENT OF A MOTOR VEHICLE DEALER WITHOUT DUE CAUSE, AND TO DETERMINE WHETHER DUE CAUSE EXISTS, THE COURT SHALL TAKE INTO CONSIDERATION CERTAIN FACTORS PROVIDED IN THE SECTION; BY ADDING SECTION 56-15-96, TO PROVIDE THAT A PERFORMANCE STANDARD, SALES EFFECTIVENESS STANDARD, SALES OBJECTIVE, OR PROGRAM FOR MEASURING DEALERSHIP PERFORMANCE THAT MAY HAVE A MATERIAL EFFECT ON A MOTOR VEHICLE DEALER SHALL BE FAIR, REASONABLE, EQUITABLE, BASED ON ACCURATE INFORMATION, AND UNIFORMLY APPLIED TO OTHER SIMILARLY SITUATED MOTOR VEHICLE DEALERS; AND BY ADDING SECTION 56-15-98, TO PROVIDE A MANUFACTURER OR DISTRIBUTOR, OFFICER, AGENT, OR ANY REPRESENTATIVE OF A MANUFACTURER OR DISTRIBUTOR MAY NOT UNREASONABLY ALTER A NEW MOTOR VEHICLE DEALER'S AREA OF RESPONSIBILITY, AND TO PROVIDE A PROCEDURE TO ALTER A NEW MOTOR VEHICLE DEALER'S AREA OF RESPONSIBILITY.


Printed Page 4593 . . . . . Wednesday, May 22, 2013

S. 221 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 36-4A-108, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMERCIAL CODE-FUNDS TRANSFERS, SO AS TO MAKE THE CHAPTER APPLICABLE TO REMITTANCE TRANSFERS, UNLESS THE REMITTANCE TRANSFER IS AN ELECTRONIC FUND TRANSFER, AND TO PROVIDE THAT, IN THE EVENT THERE IS AN INCONSISTENCY BETWEEN THE APPLICABLE PROVISION OF THE CHAPTER AND THE APPLICABLE PROVISION OF THE ELECTRONIC FUND TRANSFER ACT, THE PROVISION OF THE ELECTRONIC FUND TRANSFER ACT GOVERNS.

S. 323 (Word version) -- Senator Hayes: A BILL TO AMEND THE OFFICIAL COMMENT TO SECTION 36-9-101, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHAPTER TITLE "UNIFORM COMMERCIAL CODE - SECURED TRANSACTIONS", SO AS TO, INTER ALIA, IDENTIFY THE SPECIFIC VERSION OF THE UNITED STATES BANKRUPTCY CODE REFERENCED THROUGHOUT THE COMMENTS TO CHAPTER 9, TITLE 36; TO AMEND SECTION 36-9-102, RELATING TO THE DEFINITIONS APPLICABLE TO CHAPTER 9, TITLE 36, SO AS TO REVISE EXISTING OR PROVIDE NEW DEFINITIONS FOR CERTAIN TERMS, AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 36-9-105, RELATING TO THE CONTROL OF ELECTRONIC CHATTEL PAPER, SO AS TO CLARIFY THE CONDITIONS UNDER WHICH A SECURED PARTY IS DEEMED TO HAVE CONTROL OF ELECTRONIC CHATTEL PAPER; TO AMEND SECTION 36-9-307, RELATING TO THE DEBTOR'S LOCATION, SO AS TO INCLUDE PROVISIONS FOR DESIGNATING A MAIN OFFICE, HOME OFFICE, OR OTHER COMPATIBLE OFFICE; TO AMEND SECTION 36-9-311, RELATING TO THE PERFECTION OF SECURITY INTERESTS IN PROPERTY SUBJECT TO CERTAIN STATUTES, REGULATIONS, AND TREATIES, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 36-9-316, RELATING TO THE CONTINUED PERFECTION OF A SECURITY INTEREST FOLLOWING A CHANGE IN THE GOVERNING LAW, SO AS TO PROVIDE RULES THAT APPLY TO COLLATERAL TO WHICH A SECURITY INTEREST ATTACHES WITHIN FOUR MONTHS AFTER A DEBTOR CHANGES LOCATION; TO AMEND SECTION 36-9-317,


Printed Page 4594 . . . . . Wednesday, May 22, 2013

RELATING TO THE PRIORITY OF INTERESTS, SO AS REVISE THE TERMINOLOGY OF CERTAIN TYPES OF INTERESTS AND PRIORITIES; TO AMEND SECTION 36-9-326, RELATING TO THE PRIORITY OF SECURITY INTERESTS CREATED BY A NEW DEBTOR, SO AS TO CLARIFY PROVISIONS REGARDING THE PERFECTION OF A SECURITY INTEREST; TO AMEND SECTION 36-9-406, RELATING TO THE DISCHARGE OF AN ACCOUNT DEBTOR, SO AS TO CLARIFY PROVISIONS REGARDING A SALE UNDER A DISPOSITION PURSUANT TO SECTION 36-9-610, OR AN ACCEPTANCE OF COLLATERAL PURSUANT TO SECTION 36-9-620; TO AMEND SECTION 36-9-408, RELATING TO RESTRICTIONS ON ASSIGNMENT OF PROMISSORY NOTES, SO AS TO CLARIFY PROVISIONS REGARDING A SALE UNDER A DISPOSITION PURSUANT TO SECTION 36-9-610, OR AN ACCEPTANCE OF COLLATERAL PURSUANT TO SECTION 36-9-620; TO AMEND SECTION 36-9-502, RELATING TO THE CONTENTS OF A FINANCING STATEMENT AND A RECORD OF MORTGAGE AS A FINANCING STATEMENT, SO AS TO CLARIFY PROVISIONS REGARDING THE NAME OF A DEBTOR ON A RECORD OF MORTGAGE AS A FINANCING STATEMENT; TO AMEND SECTION 36-9-503, RELATING TO THE NAME OF A DEBTOR AND SECURED PARTY, SO AS TO REVISE PROVISIONS REGARDING THE PROPER NAME OF A DEBTOR ON A FINANCING STATEMENT; TO AMEND SECTION 36-9-507, RELATING TO THE EFFECT OF CERTAIN EVENTS ON THE EFFECTIVENESS OF A FINANCING STATEMENT, SO AS TO REVISE PROVISIONS REGARDING THE SUFFICIENCY OF THE DEBTOR'S NAME; TO AMEND SECTION 36-9-515, RELATING TO THE DURATION AND EFFECTIVENESS OF A FINANCING STATEMENT, SO AS TO CLARIFY THE EFFECTIVENESS OF CERTAIN INITIALLY FILED FINANCING STATEMENTS; TO AMEND SECTION 36-9-516, AS AMENDED, RELATING TO WHAT CONSTITUTES FILING AND THE EFFECTIVENESS OF FILING, SO AS TO CLARIFY WHEN A DEBTOR IS AN INDIVIDUAL OR AN ORGANIZATION; TO AMEND SECTION 36-9-518, AS AMENDED, RELATING TO A CLAIM CONCERNING AN INACCURATE OR WRONGFULLY FILED RECORD, SO AS TO INCLUDE PROVISIONS REGARDING THE FILING OF AN INFORMATION STATEMENT; TO AMEND SECTION 36-9-521, REGARDING THE UNIFORM FORM OF A


Printed Page 4595 . . . . . Wednesday, May 22, 2013

WRITTEN FINANCING STATEMENT AND AMENDMENT, SO AS TO MAKE CONFORMING CHANGES; TO AMEND SECTION 36-9-607, RELATING TO COLLECTION AND ENFORCEMENT BY A SECURED PARTY, SO AS TO REVISE PROVISIONS REGARDING THE SECURED PARTY'S SWORN AFFIDAVIT; BY ADDING PART 8 TO CHAPTER 9, TITLE 36, SO AS TO ENTITLE PART 8 AS "TRANSITION"; AND TO MAKE CORRESPONDING CHANGES TO APPROPRIATE OFFICIAL COMMENTS AS NECESSARY TO REFLECT THE CHANGES TO CHAPTER 9, TITLE 36.

S. 214 (Word version) -- Senators Fair and Ford: A BILL TO AMEND SECTION 40-30-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING THE MASSAGE/BODYWORK PRACTICE ACT, SO AS TO DELETE THE DEFINITION OF THE DISCIPLINARY PANEL; TO AMEND SECTION 40-30-40, RELATING TO THE ADVISORY PANEL FOR MASSAGE/BODYWORK THERAPY UNDER THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, SO AS TO REDESIGNATE THE ADVISORY PANEL TO BE KNOWN AS THE PANEL, TO DELETE CERTAIN QUALIFICATIONS FOR PANEL MEMBERS, TO REDUCE THE TERM OF A PANEL MEMBER TO TWO YEARS, AND TO PROVIDE COMPENSATION FOR MEMBERS; TO AMEND SECTION 40-30-50, RELATING TO DUTIES OF THE PANEL, SO AS TO PROVIDE ADDITIONAL DUTIES AND POWERS; TO AMEND SECTIONS 40-30-220, RELATING TO EQUITABLE REMEDIES AVAILABLE TO THE PANEL, 40-30-230, RELATING TO GROUNDS OF MISCONDUCT, 40-30-240, RELATING TO INVESTIGATIONS OF MISCONDUCT RELATED TO SUBSTANCE ABUSE, 40-30-250, RELATING TO DISCIPLINARY ACTIONS, 40-30-260, RELATING TO VOLUNTARY SURRENDER OF A LICENSE, 40-30-270, RELATING TO APPEALS FROM DISCIPLINARY PANEL DECISIONS, 40-30-300, RELATING TO SERVICE OF PROCESS ON NONRESIDENTS, AND 40-30-310, RELATING TO CIVIL PENALTIES, ALL SO AS TO MAKE CONFORMING CHANGES; TO AMEND SECTION 40-30-60, RELATING TO USE OF EMPLOYEES OF THE DEPARTMENT AND PROMULGATION OF REGULATIONS BY THE BOARD, SO AS TO REMOVE OBSOLETE REFERENCES; TO AMEND SECTION 40-30-90, RELATING TO REPORTING REQUIREMENTS, SO AS TO


Printed Page 4596 . . . . . Wednesday, May 22, 2013

REMOVE AN OBSOLETE REFERENCE; AND TO AMEND SECTION 40-30-110, RELATING TO QUALIFICATIONS FOR LICENSURE, SO AS TO REQUIRE CLASSROOM STUDY INSTEAD OF SUPERVISED STUDY, AND TO SPECIFY PROFESSIONAL EXAMINATIONS CONSIDERED ACCEPTABLE FOR LICENSURE; AND TO REPEAL SECTION 40-30-65, RELATING TO THE CREATION AND STRUCTURE OF THE DISCIPLINARY PANEL, SECTION 40-30-70, RELATING TO DUTIES OF THE DISCIPLINARY PANEL, AND SECTION 40-30-210, RELATING TO PROCEDURES BEFORE THE DISCIPLINARY PANEL.

S. 96 (Word version) -- Senator Cleary: A BILL TO AMEND SECTION 54-15-20 OF THE 1976 CODE, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA COMMISSIONERS OF PILOTAGE FOR THE UPPER COASTAL AREA, TO INCREASE THE NUMBER OF MEMBERS ON THE COMMISSION FROM SIX TO EIGHT.

S. 438 (Word version) -- Senators L. Martin and Campbell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-15-70 SO AS TO PROVIDE FOR THE FAIR AND OPEN COMPETITION IN GOVERNMENTAL CONTRACTS BY STIPULATING THAT STATE OR LOCAL ENTITIES, OFFICIALS, AND EMPLOYEES, IN REGARD TO A PUBLIC BUILDING, MAY NOT REQUIRE OR PROHIBIT A BIDDER, OFFEROR, CONTRACTOR, OR SUBCONTRACTOR FROM ENTERING INTO OR ADHERING TO AN AGREEMENT WITH ONE OR MORE LABOR ORGANIZATIONS IN REGARD TO THE PROJECT AND MAY NOT OTHERWISE DISCRIMINATE AGAINST A BIDDER, OFFEROR, CONTRACTOR, OR SUBCONTRACTOR FOR BECOMING OR REFUSING TO BECOME A SIGNATORY TO AN AGREEMENT WITH ONE OR MORE LABOR ORGANIZATIONS IN REGARD TO THE PROJECT, TO PROVIDE THAT STATE AND LOCAL ENTITIES, OFFICIALS, AND EMPLOYEES SHALL NOT AWARD A GRANT, TAX ABATEMENT, OR TAX CREDIT CONDITIONED UPON THE INCLUSION OF SUCH AGREEMENTS IN THE AWARD, AND TO PROVIDE EXCEPTIONS TO AND EXEMPTIONS FROM THESE PROVISIONS.


Printed Page 4597 . . . . . Wednesday, May 22, 2013

S. 464 (Word version) -- Senators Hayes and Malloy: A BILL TO AMEND SECTION 38-77-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY UNINSURED MOTORIST PROVISION FOR AUTOMOBILE INSURANCE POLICIES, SO AS TO INCREASE THE MINIMUM COVERAGE TO TWENTY-FIVE THOUSAND DOLLARS.

SENT TO THE SENATE

The following Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:

H. 4133 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO REQUIREMENTS OF LICENSURE IN THE FIELD OF COSMETOLOGY (EDUCATIONAL REQUIREMENTS), DESIGNATED AS REGULATION DOCUMENT NUMBER 4336, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4134 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO REQUIREMENTS OF LICENSURE IN THE FIELD OF COSMETOLOGY (SANITATION AND SALONS), DESIGNATED AS REGULATION DOCUMENT NUMBER 4337, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

RETURNED TO THE SENATE WITH AMENDMENTS

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

S. 460 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 38-45-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTY OF DUE CARE THAT A SURPLUS LINES INSURANCE BROKER MUST EXERCISE WHEN PLACING BUSINESS WITH NONADMITTED INSURERS, SO AS TO EXEMPT THOSE BROKERS FROM THIS REQUIREMENT WHEN SEEKING TO PROCURE OR PLACE NONADMITTED


Printed Page 4598 . . . . . Wednesday, May 22, 2013

INSURANCE FOR AN EXEMPT COMMERCIAL PURCHASER IN CERTAIN CIRCUMSTANCES.

H. 3823--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3823 (Word version) -- Reps. Thayer and Clemmons: A BILL TO AMEND SECTION 44-53-190, AS AMENDED, SECTIONS 44-53-210, 44-53-230, 44-53-250, AND 44-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, RESPECTIVELY, TO DRUGS DESIGNATED AS SCHEDULE I, II, III, IV, AND V CONTROLLED SUBSTANCES AND SECTION 44-53-1510, RELATING TO DRUGS DESIGNATED AS ANABOLIC STEROIDS, ALL SO AS TO ALPHABETIZE THESE LISTINGS AND TO ADD DRUGS TO THESE DESIGNATIONS TO CONFORM TO FEDERAL DRUG DESIGNATIONS AND DESIGNATIONS OF ADJACENT STATES IN ORDER TO ENHANCE AND IMPROVE ILLICIT DRUG ENFORCEMENT.

Rep. RUTHERFORD proposed the following Amendment No. 1 to H. 3823 (COUNCIL\GGS\3823C002.GGS.VR13), which was ruled out of order:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/   SECTION   ____.   Section 44-53-620 of the 1976 Code is amended to read:

"Section 44-53-620.   As used in this article unless the context clearly indicates otherwise:

(a)   'Department' means the Department of Health and Environmental Control;

(b)   'Director' means the Director of the Department of Health and Environmental Control;

(b)(c)   'Marijuana' means marijuana, all tetrahydrocannabinols or a chemical derivative of any tetrahydrocannabinol;

(c)(d)   'practitioner' means a physician licensed to practice medicine in this State and licensed to prescribe and administer drugs which are subject to regulation under the provisions of Article 3, Chapter 53, of Title 44 of the 1976 Code."
SECTION   ____.   Section 44-53-630 of the 1976 Code is amended to read:


Printed Page 4599 . . . . . Wednesday, May 22, 2013

"Section 44-53-630.   (A)   There is established in the Department of Health and Environmental Control department a controlled substances therapeutic research program. The program shall must be administered by the director. The program shall distribute to cancer chemotherapy and radiology patients and to glaucoma patients who are certified pursuant to this article marijuana under the terms and conditions of this article for the purpose of alleviating the patient's discomfort, nausea and other painful side effects of their disease or chemotherapy treatments. The department shall promulgate regulations necessary for the proper administration of this article and in such promulgation, the department shall take into consideration those pertinent regulations promulgated by the Drug Enforcement Agency, U. S. Department of Justice; Food and Drug Administration; the National Institute on Drug Abuse, and the National Institutes of Health.

(B)   Except as provided in subsection (c) of Section 44-53-640(C), the controlled substances therapeutic research program shall be is limited to cancer chemotherapy and radiology patients and glaucoma patients, who are certified to the patient qualification review advisory board by a practitioner as being involved in facing a life-threatening or sense-threatening situation and who are not responding to conventional controlled substances or where the conventional controlled substances administered have proven to be effective but where the patient has incurred severe side effects."
SECTION   ____.   Section 44-53-640 of the 1976 Code is amended to read:

"Section 44-53-640.   (A)   The director shall appoint a Patient Qualification Review Advisory Board to serve at his pleasure. The Patient Qualification Review Advisory Board shall be is comprised of:

(1)   a physician licensed to practice medicine in South Carolina and certified by the American Board of Ophthalmology;

(2)   a physician licensed to practice medicine in South Carolina and certified by the American Board of Internal Medicine and also certified in the subspecialty of medical oncology;

(3)   a physician licensed to practice medicine in South Carolina and certified by the American Board of Psychiatry; and

(4)   a pharmacologist holding a Doctoral degree or its equivalent.

Members of the board shall must be paid the usual per diem, mileage and subsistence as provided by law for members of boards, commissions and committees.


Printed Page 4600 . . . . . Wednesday, May 22, 2013

(B)   The department shall review all applicants for patients applying to participate in the controlled substances therapeutic research program and their licensed practitioners and certify their participation these patients meet the requirements to participate in the program.

(C)   The department, in its discretion, may include other disease groups for participation in the controlled substances therapeutic research program after pertinent medical data have been presented by a practitioner to both the director and the department and after necessary approval is received by the appropriate federal agencies."
SECTION   ___.   Section 44-53-650 of the 1976 Code is amended to read:

"Section 44-53-650.   (A)   The director shall obtain purchase marijuana through whatever means he deems most appropriate consistent with federal law only from individuals who are licensed by the department and who meet the qualifications set forth in subsection (B).

(B)   The director is authorized to issue a license to grow and harvest marijuana for purposes of this article only to residents of this State who own agricultural property taxed pursuant to Section 12-43-220(d), and may impose a fee by rule that must be paid for this license, the proceeds from which must be used by the department to offset the cost of carrying out the provisions of this article.

(C)   The director shall cause such analyzed marijuana to be transferred to various locations throughout the State that which provide adequate security as set forth in federal and state regulations for the purpose of distributing such marijuana to the certified patient in such manner as is consistent with federal law. The department must not dispense marijuana to a patient unless the patient provides a valid prescription signed by a practitioner and pays a fee to be determined by the director by rule. The patient shall not be required to pay for such the marijuana. but The director may charge the patient for ancillary medical services provided by the department to compensate the department for the cost, if any, of securing such the marijuana, and providing it to the patient."
SECTION   ____.   Article 4, Chapter 53, Title 44 of the 1976 Code is amended by adding:

"Section 44-53-655. Beginning no later than 2014-2015, the general assembly shall appropriate sufficient funds in the annual general appropriations act to implement this article."
SECTION   ____.   Article 4, Chapter 53, Title 44 of the 1976 Code is amended by adding:


Printed Page 4601 . . . . . Wednesday, May 22, 2013

"Section 44-53-657.   The department shall promulgate regulations pursuant to the Administrative Procedures Act to implement this program which are consistent with other provisions of law." /
Renumber sections to conform.
Amend title to conform.

Rep. RUTHERFORD explained the amendment.

POINT OF ORDER

Rep. DELLENEY raised the Point of Order that under Rule 9.3, Amendment No. 1 to H. 3823 was out of order in that it was not germane to the Bill.
Rep. RUTHERFORD spoke against the Point of Order stating that H. 3823 dealt with controlled substances and that marijuana is a controlled substance, and that Amendment No. 1 would remove it from being a controlled substance because it would allow marijuana for medical purposes as prescribed by DHEC regulations. Therefore, he stated the Amendment was germane.
Rep. QUINN spoke in favor of the Point of Order stating that the Bill dealt with anabolic steroids and how they are classified in the statute.
Rep. RUTHERFORD spoke against the Point again stating that the Bill clearly dealt with compounds, drugs, and related controlled substances. He stated further that Amendment No. 1 removed marijuana, for medical purposes, from this listing of controlled substances.
SPEAKER HARRELL sustained the Point of Order stating that H. 3823 dealt with the listing of drugs and controlled substances in schedules and was very narrow in scope. He stated further that Amendment No. 1 went beyond the scope of the Bill and expanded an existing statutorily authorized program relating to a particular drug and was not related to the scheduling of drugs and controlled substances. Therefore, SPEAKER HARRELL stated that Amendment No. 1 was not germane, and he ruled the Amendment out of order.

Reps. RUTHERFORD, G. M. SMITH, COBB-HUNTER, KING, MITCHELL, HART, K. R. CRAWFORD, WHITE, FINLAY, M. S. MCLEOD, VICK, KNIGHT, GOLDFINCH, R. L. BROWN, WHIPPER, HOSEY, MACK, CLEMMONS, HARDWICK,


Printed Page 4602 . . . . . Wednesday, May 22, 2013

H. A. CRAWFORD, LOFTIS, G. R. SMITH and CLYBURN requested debate on the Bill.

H. 4123--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4123 (Word version) -- Rep. Howard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-175 SO AS TO PROVIDE THAT THE DEPARTMENT MAY NOT ISSUE A RETAIL DEALER LICENSE TO A BUSINESS IN RICHLAND COUNTY IF THE BUSINESS IS WITHIN FIVE MILES OF AN EXISTING BUSINESS THAT HOLDS A RETAIL DEALER LICENSE.

Rep. HOWARD explained the Bill.

Reps. SKELTON, ATWATER, NORMAN, TAYLOR, BANNISTER, BRANNON and THAYER requested debate on the Bill.

S. 417--DEBATE ADJOURNED

The following Bill was taken up:

S. 417 (Word version) -- Senators Alexander and Davis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "MILITARY SERVICE OCCUPATION, EDUCATION, AND CREDENTIALING ACT"; BY ADDING SECTION 59-101-400 SO AS TO PROVIDE A PUBLIC, POST-SECONDARY INSTITUTION OF HIGHER EDUCATION IN THIS STATE MAY AWARD EDUCATIONAL CREDIT TO AN HONORABLY DISCHARGED MEMBER OF THE ARMED FORCES FOR A COURSE THAT IS PART OF HIS MILITARY TRAINING OR SERVICE, SUBJECT TO CERTAIN CONDITIONS, AND TO REQUIRE THE INSTITUTION TO IMPLEMENT RELATED POLICIES AND REGULATIONS WITHIN A SPECIFIED TIME FRAME; BY ADDING ARTICLE 3 TO CHAPTER 1, TITLE 40 SO AS TO PROVIDE MISCELLANEOUS LICENSURE PROVISIONS FOR MILITARY PERSONNEL, TO PROVIDE A PERSON LICENSED BY BOARD OR COMMISSION UNDER THE DEPARTMENT OF LABOR, LICENSING AND REGULATION IS EXEMPT FROM CONTINUING EDUCATION REQUIREMENTS AND FEE ASSESSMENTS DURING ACTIVE


Printed Page 4603 . . . . . Wednesday, May 22, 2013

DUTY IN THE UNITED STATES ARMED FORCES, TO PROVIDE A BOARD OR COMMISSION MAY ISSUE A TEMPORARY PROFESSIONAL LICENSE TO THE SPOUSE OF AN ACTIVE DUTY MEMBER OF THE UNITED STATES ARMED FORCES IN CERTAIN CIRCUMSTANCES, AND TO PROVIDE A BOARD OR COMMISSION MAY ACCEPT CERTAIN COURSEWORK OR EXPERIENCE OBTAINED DURING THE COURSE OF MILITARY SERVICE TO SATISFY RELATED PROFESSIONAL OR OCCUPATIONAL EDUCATION OR TRAINING LICENSURE REQUIREMENTS; AND TO REPEAL SECTIONS 40-1-75 RELATING TO EXEMPTING ACTIVE DUTY MILITARY PERSONNEL FROM CONTINUING EDUCATION REQUIREMENTS, AND 40-1-77 RELATING TO TEMPORARY PROFESSIONAL OR OCCUPATIONAL LICENSES FOR MILITARY SPOUSES, THE SUBSTANCE OF WHICH ARE INCORPORATED INTO THE NEW ARTICLE ADDED BY THIS ACT.

Rep. TOOLE explained the Bill.

Rep. COBB-HUNTER moved to adjourn debate on the Bill until Thursday, May 23, which was agreed to.

S. 465--ORDERED TO THIRD READING

The following Bill was taken up:

S. 465 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 38-71-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY ACT, SO AS TO REVISE THE DEFINITION OF AN "ELIGIBLE EMPLOYEE".

Rep. K. R. CRAWFORD explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 110; Nays 0

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Atwater                Ballentine             Bannister
Barfield               Bedingfield            Bernstein


Printed Page 4604 . . . . . Wednesday, May 22, 2013

Bingham                Bowers                 Branham
Brannon                R. L. Brown            Burns
Chumley                Clemmons               Clyburn
Cobb-Hunter            H. A. Crawford         K. R. Crawford
Crosby                 Daning                 Delleney
Dillard                Edge                   Erickson
Finlay                 Forrester              Funderburk
Gagnon                 Gambrell               George
Gilliard               Goldfinch              Hamilton
Hardwick               Harrell                Hart
Hayes                  Henderson              Herbkersman
Hiott                  Hixon                  Hodges
Horne                  Hosey                  Howard
Huggins                Jefferson              Kennedy
King                   Knight                 Limehouse
Loftis                 Long                   Lowe
Lucas                  Mack                   McCoy
McEachern              M. S. McLeod           W. J. McLeod
Merrill                Mitchell               D. C. Moss
V. S. Moss             Murphy                 Nanney
Neal                   Newton                 Norman
Owens                  Patrick                Pitts
Pope                   Powers Norrell         Putnam
Quinn                  Ridgeway               Riley
Rivers                 Robinson-Simpson       Rutherford
Ryhal                  Sabb                   Sandifer
Sellers                Simrill                Skelton
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Southard               Spires
Stavrinakis            Stringer               Tallon
Taylor                 Toole                  Vick
Weeks                  Wells                  Whipper
White                  Whitmire               Williams
Willis                 Wood

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 4605 . . . . . Wednesday, May 22, 2013

S. 530--DEBATE ADJOURNED

Rep. K. R. CRAWFORD moved to adjourn debate upon the following Bill until Tuesday, May 28, which was adopted:

S. 530 (Word version) -- Senators Hayes, Campbell and L. Martin: A BILL TO AMEND SECTION 38-71-1730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLOSED PANEL HEALTH PLANS, SO AS TO REMOVE THE REQUIREMENT THAT CERTAIN EMPLOYERS THAT OFFER ONLY CLOSED PANEL HEALTH PLANS TO ITS EMPLOYEES ALSO OFFER A POINT-OF-SERVICE OPTION TO ITS EMPLOYEES, TO MAKE CONFORMING CHANGES, AND TO INCREASE THE ALLOWABLE DIFFERENCES BETWEEN COINSURANCE PERCENTAGES FOR IN-NETWORK AND OUT-OF-NETWORK COVERED SERVICES AND SUPPLIES UNDER A POINT-OF-SERVICE OPTION.

S. 191--POINT OF ORDER

The following Bill was taken up:

S. 191 (Word version) -- Senators Verdin, Sheheen, Lourie, Cromer, O'Dell, Hutto, Jackson, Alexander and McElveen: A BILL TO AMEND CHAPTER 3, TITLE 46 OF THE 1976 CODE, RELATING TO DUTIES OF THE DEPARTMENT OF AGRICULTURE, BY ADDING SECTION 46-3-25 TO REQUIRE THE DEPARTMENT TO CREATE AND MAINTAIN A PROGRAM TO ENCOURAGE SCHOOLS TO SERVE LOCALLY GROWN, MINIMALLY PROCESSED FARM FOODS.

POINT OF ORDER

Rep. WHITE 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.


Printed Page 4606 . . . . . Wednesday, May 22, 2013

H. 4073--POINT OF ORDER

The following Bill was taken up:

H. 4073 (Word version) -- Reps. G. R. Smith, Bedingfield and Willis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-7-125 SO AS TO PROVIDE THAT THE GOVERNING BODY OF A MUNICIPALITY, BY ORDINANCE, MAY PROVIDE THAT ALL MEMBERS OF A MUNICIPAL FIRE TRUCK COMPANY OR OTHER EMPLOYEES OF THE FIRE DEPARTMENT MAY DIRECT AND CONTROL TRAFFIC AT THE SCENE OF ANY FIRE IN THE MUNICIPALITY AND ENFORCE THE LAWS OF THIS STATE OR ORDINANCES OF THE MUNICIPALITY RELATING TO THE FOLLOWING OF A FIRE APPARATUS, THE CROSSING OF A FIRE HOSE, AND INTERFERING WITH FIREMEN IN THE DISCHARGE OF THEIR DUTIES IN CONNECTION WITH A FIRE IN THE SAME MANNER AS PROVIDED FOR THE ENFORCEMENT OF SUCH LAWS OR ORDINANCES BY LAW ENFORCEMENT OR CODE ENFORCEMENT OFFICERS.

Rep. G. R. SMITH explained the Bill.

POINT OF ORDER

Rep. G. R. SMITH 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.

OBJECTION TO RECALL

Rep. ATWATER asked unanimous consent to recall H. 3228 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. SANDIFER objected.

OBJECTION TO RECALL

Rep. GILLIARD asked unanimous consent to recall H. 3118 (Word version) from the Committee on Education and Public Works.
Rep. TAYLOR objected.


Printed Page 4607 . . . . . Wednesday, May 22, 2013

H. 3751--DEBATE ADJOURNED

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

H. 3751 (Word version) -- Rep. Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO CONFORM WITH FEDERAL MANDATES ENACTED BY THE UNITED STATES CONGRESS IN THE TRADE ADJUSTMENT ASSISTANCE EXTENSION ACT OF 2011; BY ADDING SECTION 41-41-45 SO AS TO PROVIDE THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE SHALL IMPOSE A PENALTY ON FRAUDULENT OVERPAYMENTS OF UNEMPLOYMENT BENEFITS; BY ADDING SECTION 41-33-910 SO AS TO CREATE THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE INTEGRITY FUND AND PROVIDE FOR ITS SOURCE AND USE; BY ADDING SECTION 41-35-135 SO AS TO PROVIDE THE DEPARTMENT SHALL CHARGE THE ACCOUNT OF AN EMPLOYER WHEN THE EMPLOYER FAILS TO RESPOND TIMELY OR ADEQUATELY TO A REQUEST BY THE DEPARTMENT FOR INFORMATION CONCERNING A CLAIM FOR UNEMPLOYMENT BENEFITS WHEN THE EMPLOYER HAS DEMONSTRATED A PATTERN OF FAILING TO TIMELY OR ADEQUATELY RESPOND TO THESE REQUESTS; AND TO AMEND SECTION 43-5-598, AS AMENDED, RELATING TO DEFINITIONS CONCERNING THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT, SO AS TO REVISE THE DEFINITION OF "NEW HIRE" TO APPLY WHERE THE SEPARATION OF AN EMPLOYEE FROM EMPLOYMENT IS FOR AT LEAST SIXTY CONSECUTIVE DAYS.

Rep. SANDIFER moved to adjourn debate upon the Senate Amendments until Tuesday, May 28, which was agreed to.

MOTION PERIOD

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

H. 3165--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3165 (Word version) -- Reps. Tallon, Henderson, G. R. Smith, Long, V. S. Moss, Atwater, Taylor, Toole, Erickson, Thayer and Bedingfield: A BILL TO


Printed Page 4608 . . . . . Wednesday, May 22, 2013

AMEND SECTION 41-35-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISQUALIFICATIONS FROM UNEMPLOYMENT BENEFITS, SO AS TO REVISE THE METHOD OF DETERMINING THE BENEFITS OF A PERSON DISCHARGED FROM EMPLOYMENT FOR ILLEGAL DRUG USE, GROSS MISCONDUCT, AND FAILURE TO ACCEPT WORK, TO DEFINE CERTAIN TERMS, TO SPECIFY CRITERIA FOR A LABORATORY QUALIFIED TO PERFORM A TEST FOR ILLEGAL DRUG USE BY A PERSON SEEKING OR RECEIVING UNEMPLOYMENT BENEFITS, TO LIMIT THE LIABILITY OF AN EMPLOYER FOR ACTS OR OMISSIONS IN THE DISCLOSURE OF A DRUG TEST PERFORMED UNDER THIS SECTION, AND TO PROVIDE THE MISUSE OF BIOLOGICAL MATERIAL OBTAINED IN THE COURSE OF THIS DRUG TESTING IS A MISDEMEANOR SUBJECT TO CERTAIN MONETARY PENALTIES.

The Committee on Judiciary proposed the following Amendment No. 1 to H. 3165 (COUNCIL\AGM\3165C002.AGM.AB13), which was adopted:
Amend the bill, as and if amended, Section 41-35-120, as contained in SECTION 1, by deleting item (9) in its entirety and inserting:
/   (9)   An employer is not liable for any acts or omissions arising out of disclosure to the department of a pre-employment drug test that is offered and refused or failed by a potential employee, provided the employer complies with the requirements of this section and any applicable law. An employer may, but is not required to, disclose to the department when a pre-employment drug test is offered and refused or failed by a potential employee. /
Amend the bill further, Section 41-35-120, as contained in SECTION 1, by inserting an appropriately numbered item at the end to read:
/   ( )   Records received by the department pursuant to this section must not be used for any purpose other than determining unemployment benefits. The department shall destroy any records of a failed or refused pre-employment drug test received pursuant to this section pertaining to a person not currently receiving unemployment benefits from the department." /
Renumber sections to conform.
Amend title to conform.


Printed Page 4609 . . . . . Wednesday, May 22, 2013

Rep. HORNE explained the amendment.

Rep. HART moved to adjourn debate on the Bill until Thursday, May 23.

Rep. TALLON moved to table the motion.

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

Yeas 77; Nays 30

Those who voted in the affirmative are:

Allison                Atwater                Ballentine
Bannister              Barfield               Bedingfield
Bingham                Bowen                  Brannon
Burns                  Chumley                Clemmons
Cole                   H. A. Crawford         K. R. Crawford
Crosby                 Daning                 Delleney
Edge                   Erickson               Felder
Finlay                 Forrester              Funderburk
Gagnon                 Gambrell               Goldfinch
Hamilton               Hardee                 Hardwick
Harrell                Henderson              Hixon
Horne                  Huggins                Kennedy
Limehouse              Loftis                 Long
Lowe                   Lucas                  McCoy
Merrill                D. C. Moss             V. S. Moss
Murphy                 Nanney                 Newton
Norman                 Owens                  Patrick
Pitts                  Pope                   Putnam
Quinn                  Riley                  Rivers
Ryhal                  Sandifer               Simrill
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Southard
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Toole
Wells                  White                  Whitmire
Willis                 Wood

Total--77


Printed Page 4610 . . . . . Wednesday, May 22, 2013

Those who voted in the negative are:

Anderson               Anthony                Bales
Bernstein              Branham                G. A. Brown
Clyburn                Dillard                Douglas
Gilliard               Hart                   Hodges
Hosey                  Howard                 Jefferson
King                   Mack                   McEachern
M. S. McLeod           W. J. McLeod           Mitchell
Neal                   Parks                  Ridgeway
Robinson-Simpson       Rutherford             Sabb
Vick                   Weeks                  Williams

Total--30

So, the motion to adjourn debate was tabled.

Rep. HART spoke against the amendment.
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 93; Nays 19

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Atwater                Ballentine             Bannister
Barfield               Bedingfield            Bernstein
Bingham                Bowen                  Branham
Brannon                G. A. Brown            Burns
Chumley                Clemmons               Cole
H. A. Crawford         K. R. Crawford         Crosby
Daning                 Delleney               Douglas
Edge                   Erickson               Felder
Finlay                 Forrester              Gagnon
Gambrell               Goldfinch              Govan
Hamilton               Hardee                 Hardwick
Harrell                Hayes                  Henderson
Herbkersman            Hixon                  Horne
Huggins                Kennedy                Knight
Limehouse              Loftis                 Long


Printed Page 4611 . . . . . Wednesday, May 22, 2013

Lowe                   Lucas                  McCoy
McEachern              M. S. McLeod           W. J. McLeod
Merrill                D. C. Moss             V. S. Moss
Murphy                 Nanney                 Newton
Norman                 Ott                    Owens
Patrick                Pitts                  Pope
Putnam                 Quinn                  Riley
Rivers                 Ryhal                  Sandifer
Sellers                Simrill                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Southard               Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Toole                  Weeks
Wells                  Whipper                White
Whitmire               Willis                 Wood

Total--93

Those who voted in the negative are:

Bales                  Dillard                Gilliard
Hart                   Hosey                  Howard
Jefferson              King                   Mack
Mitchell               Munnerlyn              Neal
Parks                  Ridgeway               Robinson-Simpson
Rutherford             Sabb                   Vick
Williams

Total--19

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

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on H. 3165. If I had been present, I would have voted in favor of the Bill.

Rep. Laurie Slade Funderburk


Printed Page 4612 . . . . . Wednesday, May 22, 2013

H. 3236--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3236 (Word version) -- Reps. Sellers, J. E. Smith, W. J. McLeod, Whipper, R. L. Brown and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-185 SO AS TO ENACT THE "CERVICAL CANCER PREVENTION ACT", TO PROVIDE THAT BEGINNING WITH THE 2013-2014 SCHOOL YEAR, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY OFFER THE CERVICAL CANCER VACCINATION SERIES TO ADOLESCENT STUDENTS ENROLLING IN THE SEVENTH GRADE OF ANY PUBLIC OR PRIVATE SCHOOL IN THIS STATE, TO PROVIDE THAT NO STUDENT IS REQUIRED TO HAVE THE VACCINE BEFORE ENROLLING IN OR ATTENDING SCHOOL, TO PROVIDE THAT THE DEPARTMENT MAY DEVELOP AN INFORMATIONAL BROCHURE RELATED TO OFFERING THIS VACCINATION WITH SPECIFIC CONTENT REQUIREMENTS, TO DEFINE "CERVICAL CANCER VACCINATION SERIES", AND TO PROVIDE THAT IMPLEMENTATION OF THIS ACT IS CONTINGENT UPON RECEIPT OF FULL FUNDING BY STATE AND FEDERAL FUNDS.

Rep. SELLERS explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 63; Nays 49

Those who voted in the affirmative are:

Anderson               Bales                  Ballentine
Barfield               Bernstein              Bowers
Branham                Brannon                G. A. Brown
R. L. Brown            Clemmons               Clyburn
Cobb-Hunter            K. R. Crawford         Daning
Dillard                Douglas                Felder
Finlay                 Funderburk             Gilliard
Govan                  Hardee                 Harrell
Hart                   Hayes                  Hodges
Horne                  Hosey                  Howard
Jefferson              King                   Knight
Lowe                   Mack                   McEachern


Printed Page 4613 . . . . . Wednesday, May 22, 2013

M. S. McLeod           W. J. McLeod           Merrill
Mitchell               V. S. Moss             Munnerlyn
Murphy                 Neal                   Norman
Ott                    Parks                  Pope
Powers Norrell         Ridgeway               Robinson-Simpson
Rutherford             Ryhal                  Sabb
Sellers                Skelton                Southard
Spires                 Stavrinakis            Vick
Weeks                  Whipper                Williams

Total--63

Those who voted in the negative are:

Allison                Atwater                Bedingfield
Bingham                Bowen                  Burns
Chumley                Cole                   H. A. Crawford
Crosby                 Delleney               Edge
Erickson               Forrester              Gagnon
Goldfinch              Hamilton               Henderson
Hiott                  Hixon                  Huggins
Kennedy                Limehouse              Loftis
Lucas                  D. C. Moss             Nanney
Newton                 Owens                  Patrick
Pitts                  Putnam                 Quinn
Riley                  Rivers                 Simrill
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Stringer               Tallon
Taylor                 Thayer                 Toole
Wells                  Whitmire               Willis
Wood

Total--49

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

H. 3236--MOTION TO RECONSIDER TABLED

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

H. 3236 (Word version) -- Reps. Sellers, J. E. Smith, W. J. McLeod, Whipper, R. L. Brown and Gilliard: A BILL TO AMEND THE CODE OF


Printed Page 4614 . . . . . Wednesday, May 22, 2013

LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-185 SO AS TO ENACT THE "CERVICAL CANCER PREVENTION ACT", TO PROVIDE THAT BEGINNING WITH THE 2013-2014 SCHOOL YEAR, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY OFFER THE CERVICAL CANCER VACCINATION SERIES TO ADOLESCENT STUDENTS ENROLLING IN THE SEVENTH GRADE OF ANY PUBLIC OR PRIVATE SCHOOL IN THIS STATE, TO PROVIDE THAT NO STUDENT IS REQUIRED TO HAVE THE VACCINE BEFORE ENROLLING IN OR ATTENDING SCHOOL, TO PROVIDE THAT THE DEPARTMENT MAY DEVELOP AN INFORMATIONAL BROCHURE RELATED TO OFFERING THIS VACCINATION WITH SPECIFIC CONTENT REQUIREMENTS, TO DEFINE "CERVICAL CANCER VACCINATION SERIES", AND TO PROVIDE THAT IMPLEMENTATION OF THIS ACT IS CONTINGENT UPON RECEIPT OF FULL FUNDING BY STATE AND FEDERAL FUNDS.

Rep. SELLERS moved to table the motion to reconsider.

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

Yeas 65; Nays 49

Those who voted in the affirmative are:

Anderson               Bales                  Ballentine
Barfield               Bernstein              Bowen
Bowers                 Branham                Brannon
G. A. Brown            R. L. Brown            Clemmons
Clyburn                Cobb-Hunter            K. R. Crawford
Daning                 Dillard                Douglas
Felder                 Finlay                 Funderburk
Gambrell               Gilliard               Govan
Hardee                 Harrell                Hart
Hayes                  Hodges                 Horne
Hosey                  Howard                 Jefferson
King                   Knight                 Limehouse
Lowe                   Mack                   McEachern
M. S. McLeod           W. J. McLeod           Mitchell
V. S. Moss             Munnerlyn              Murphy
Neal                   Norman                 Ott


Printed Page 4615 . . . . . Wednesday, May 22, 2013

Owens                  Parks                  Pope
Powers Norrell         Ridgeway               Robinson-Simpson
Rutherford             Ryhal                  Sabb
Sandifer               Sellers                Skelton
Southard               Stavrinakis            Weeks
Whipper                Williams

Total--65

Those who voted in the negative are:

Allison                Atwater                Bedingfield
Bingham                Burns                  Chumley
Cole                   H. A. Crawford         Crosby
Delleney               Edge                   Erickson
Forrester              Gagnon                 Goldfinch
Hamilton               Henderson              Herbkersman
Hiott                  Hixon                  Huggins
Kennedy                Loftis                 Long
Lucas                  D. C. Moss             Nanney
Newton                 Patrick                Pitts
Putnam                 Quinn                  Riley
Rivers                 Simrill                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stringer               Tallon
Taylor                 Thayer                 Toole
Wells                  Whitmire               Willis
Wood

Total--49

So, the motion to reconsider was tabled.

H. 3639--DEBATE ADJOURNED

Rep. SANDIFER moved to adjourn debate upon the following Bill until Tuesday, May 28, which was adopted:

H. 3639 (Word version) -- Rep. Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-15-70 SO AS TO PROVIDE FOR THE FAIR AND OPEN COMPETITION IN GOVERNMENTAL CONTRACTS BY STIPULATING THAT STATE OR LOCAL ENTITIES, OFFICIALS,


Printed Page 4616 . . . . . Wednesday, May 22, 2013

AND EMPLOYEES, IN REGARD TO A PUBLIC BUILDING, MAY NOT REQUIRE OR PROHIBIT A BIDDER, OFFEROR, CONTRACTOR, OR SUBCONTRACTOR FROM ENTERING INTO OR ADHERING TO AN AGREEMENT WITH ONE OR MORE LABOR ORGANIZATIONS IN REGARD TO THE PROJECT AND MAY NOT OTHERWISE DISCRIMINATE AGAINST A BIDDER, OFFEROR, CONTRACTOR, OR SUBCONTRACTOR FOR BECOMING OR REFUSING TO BECOME A SIGNATORY TO AN AGREEMENT WITH ONE OR MORE LABOR ORGANIZATIONS IN REGARD TO THE PROJECT, TO PROVIDE THAT STATE AND LOCAL ENTITIES, OFFICIALS, AND EMPLOYEES SHALL NOT AWARD A GRANT, TAX ABATEMENT, OR TAX CREDIT CONDITIONED UPON THE INCLUSION OF SUCH AGREEMENTS IN THE AWARD, AND TO PROVIDE EXCEPTIONS TO AND EXEMPTIONS FROM THESE PROVISIONS.

H. 3369--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3369 (Word version) -- Reps. Sandifer, Limehouse, Sottile, Clemmons, Crosby, Daning, Spires, Toole, Simrill, Putnam, Loftis, Bedingfield, Quinn, Huggins, Finlay, Kennedy, Owens, Gagnon, Gambrell, Whitmire, Herbkersman, G. R. Smith, Barfield, Hardwick, Edge, K. R. Crawford, D. C. Moss, Hiott, Forrester, Long, W. J. McLeod, Funderburk, Southard, Hixon, V. S. Moss, Anthony, Ryhal, Wells, Skelton, Taylor, Norman, Henderson, Atwater, Pitts, Lowe, Horne, Murphy, Wood and Rivers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-378 SO AS TO PROVIDE THAT AN EMPLOYEE COVERED BY THE FEDERAL EMPLOYERS' LIABILITY ACT, THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT OR ANY OF ITS EXTENSIONS, OR THE JONES ACT IS EXEMPT FROM WORKERS' COMPENSATION LAWS.

The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to H. 3369 (COUNCIL\AGM\3369C001. AGM.AB13), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:


Printed Page 4617 . . . . . Wednesday, May 22, 2013

/ SECTION   1. Article 3, Chapter 1, Title 42 of the 1976 Code is amended by adding:

"Section 42-1-378.   This title does not apply to an employee who suffers an injury on or after July 1, 2013, for which there is jurisdiction under either the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. Section 901 et seq., and its extensions, or the Merchant Marine Act of 1020, 46 U.S.C. Section 30104 et seq. However, this title must not be construed to eliminate or diminish any right that any person or, in the case of the person's death, his personal representative, may have under either the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. Section 901 et seq., and its extensions, or the Merchant Marine Act of 1020, 46 U.S.C. Section 30104 et seq."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. SANDIFER explained the amendment.
Rep. NEAL spoke against the amendment.
Rep. NEAL spoke against the amendment.
Rep. COBB-HUNTER spoke against the amendment.
Rep. COBB-HUNTER spoke against the amendment.

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

Rep. GILLIARD moved to adjourn debate on the Bill.

Rep. SANDIFER moved to table the motion.

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

Yeas 76; Nays 35

Those who voted in the affirmative are:

Allison                Atwater                Ballentine
Bannister              Barfield               Bedingfield
Bowen                  Brannon                Burns
Chumley                Clemmons               Cole
H. A. Crawford         K. R. Crawford         Crosby
Daning                 Delleney               Edge
Erickson               Felder                 Finlay


Printed Page 4618 . . . . . Wednesday, May 22, 2013

Forrester              Gagnon                 Gambrell
Goldfinch              Hamilton               Hardee
Hardwick               Harrell                Henderson
Herbkersman            Hiott                  Hixon
Horne                  Huggins                Kennedy
Limehouse              Loftis                 Long
Lowe                   Lucas                  McCoy
Merrill                D. C. Moss             V. S. Moss
Murphy                 Nanney                 Newton
Norman                 Owens                  Patrick
Pitts                  Pope                   Putnam
Quinn                  Riley                  Rivers
Ryhal                  Sandifer               Simrill
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Southard
Spires                 Stringer               Tallon
Taylor                 Thayer                 Toole
Wells                  Whitmire               Willis
Wood

Total--76

Those who voted in the negative are:

Anderson               Bales                  Bernstein
Bowers                 Branham                G. A. Brown
R. L. Brown            Clyburn                Cobb-Hunter
Dillard                Douglas                Funderburk
George                 Gilliard               Hodges
Hosey                  Howard                 Jefferson
King                   Mack                   McEachern
M. S. McLeod           W. J. McLeod           Mitchell
Munnerlyn              Neal                   Parks
Powers Norrell         Ridgeway               Robinson-Simpson
Rutherford             Sabb                   Weeks
Whipper                Williams

Total--35

So, the motion to adjourn debate was tabled.

Rep. GILLIARD moved to table the Bill, which was not agreed to.


Printed Page 4619 . . . . . Wednesday, May 22, 2013

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 78; Nays 34

Those who voted in the affirmative are:

Allison                Atwater                Ballentine
Bannister              Barfield               Bedingfield
Bingham                Bowen                  Brannon
Burns                  Chumley                Clemmons
Cole                   H. A. Crawford         Crosby
Daning                 Delleney               Edge
Erickson               Felder                 Finlay
Forrester              Funderburk             Gagnon
Gambrell               Goldfinch              Hamilton
Hardee                 Hardwick               Harrell
Hayes                  Henderson              Herbkersman
Hiott                  Hixon                  Horne
Kennedy                Limehouse              Loftis
Long                   Lowe                   Lucas
McCoy                  W. J. McLeod           Merrill
D. C. Moss             V. S. Moss             Murphy
Nanney                 Newton                 Norman
Owens                  Patrick                Pitts
Putnam                 Quinn                  Riley
Rivers                 Ryhal                  Sandifer
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Southard               Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Toole                  Wells
Whitmire               Willis                 Wood

Total--78

Those who voted in the negative are:

Anderson               Bernstein              Bowers
Branham                G. A. Brown            R. L. Brown
Clyburn                Cobb-Hunter            K. R. Crawford
Dillard                Douglas                Gilliard
Govan                  Hodges                 Hosey


Printed Page 4620 . . . . . Wednesday, May 22, 2013

Howard                 Jefferson              King
Mack                   McEachern              M. S. McLeod
Mitchell               Munnerlyn              Neal
Parks                  Powers Norrell         Ridgeway
Robinson-Simpson       Rutherford             Sabb
Vick                   Weeks                  Whipper
Williams

Total--34

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

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on H. 3369. If I had been present, I would have voted in favor of the Bill.

Rep. Chip Huggins

H. 3369--MOTION TO RECONSIDER TABLED

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

H. 3369 (Word version) -- Reps. Sandifer, Limehouse, Sottile, Clemmons, Crosby, Daning, Spires, Toole, Simrill, Putnam, Loftis, Bedingfield, Quinn, Huggins, Finlay, Kennedy, Owens, Gagnon, Gambrell, Whitmire, Herbkersman, G. R. Smith, Barfield, Hardwick, Edge, K. R. Crawford, D. C. Moss, Hiott, Forrester, Long, W. J. McLeod, Funderburk, Southard, Hixon, V. S. Moss, Anthony, Ryhal, Wells, Skelton, Taylor, Norman, Henderson, Atwater, Pitts, Lowe, Horne, Murphy, Wood and Rivers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-378 SO AS TO PROVIDE THAT AN EMPLOYEE COVERED BY THE FEDERAL EMPLOYERS' LIABILITY ACT, THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT OR ANY OF ITS EXTENSIONS, OR THE JONES ACT IS EXEMPT FROM WORKERS' COMPENSATION LAWS.

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


Printed Page 4621 . . . . . Wednesday, May 22, 2013

RECURRENCE TO THE MORNING HOUR

Rep. MCEACHERN moved that the House recur to the morning hour, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

H. 4009 (Word version) -- Reps. Jefferson, Southard, Vick, Williams and Gagnon: A JOINT RESOLUTION TO CREATE THE "FREE HEALTH CARE STUDY COMMITTEE" TO STUDY THE EXTENT TO WHICH MEDICAL PROFESSIONALS VOLUNTEER AT FREE MEDICAL CLINICS AND THE VARIETY AND EXTENT OF MEDICAL SERVICES PROVIDED BY MEDICAL PROFESSIONALS, TO PROVIDE FOR MEMBERSHIP OF THE STUDY COMMITTEE AND THE METHOD OF APPOINTMENT OF MEMBERS, TO SET FORTH THE DUTIES OF THE STUDY COMMITTEE, TO REQUIRE THE STUDY COMMITTEE TO PREPARE A REPORT WITH FINDINGS AND RECOMMENDATIONS FOR THE GOVERNOR, GENERAL ASSEMBLY, AND DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND TO INCLUDE A SUNSET PROVISION FOR THE STUDY COMMITTEE.
Ordered for consideration tomorrow.

Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

S. 117 (Word version) -- Senators Hayes, Courson, O'Dell, Verdin and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-66-75 SO AS TO REQUIRE A HEALTH CARE PROVIDER TO GIVE A PATIENT AN OPPORTUNITY TO ALLOW DISCLOSURE OF CERTAIN INFORMATION TO DESIGNATED FAMILY MEMBERS AND OTHER INDIVIDUALS AND TO AUTHORIZE THE INVOLVEMENT OF THESE FAMILY MEMBERS AND OTHER INDIVIDUALS IN THE TREATMENT OF THE PATIENT; TO SPECIFY THE CONTENTS OF THE AUTHORIZATION; AND TO PROVIDE CIVIL AND CRIMINAL IMMUNITY FOR GOOD FAITH DISCLOSURE OF INFORMATION; AND TO AMEND SECTION 44-66-20, AS AMENDED, RELATING TO DEFINITIONS IN THE ADULT HEALTH CARE CONSENT ACT, SO AS TO


Printed Page 4622 . . . . . Wednesday, May 22, 2013

DEFINE "PATIENT" AND "TREATMENT" AND TO AMEND OTHER DEFINITIONS.
Ordered for consideration tomorrow.

Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

S. 127 (Word version) -- Senators Alexander and Ford: A BILL TO AMEND ARTICLE 6, CHAPTER 38, TITLE 44 OF THE 1976 CODE, RELATING TO HEAD AND SPINAL CORD INJURIES, BY ADDING ARTICLE 6 TO CREATE THE SOUTH CAROLINA BRAIN INJURY LEADERSHIP COUNCIL, TO PROVIDE FOR THE RESPONSIBILITIES AND DUTIES OF THE COUNCIL, TO PROVIDE FOR THE COMPOSITION AND APPOINTMENT OF THE COUNCIL, AND TO PROVIDE FOR THE POWERS AND AUTHORITY OF THE COUNCIL.
Ordered for consideration tomorrow.

Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

S. 341 (Word version) -- Senators Alexander, Reese, Fair, Lourie, Cromer, L. Martin, Campbell, Shealy and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "EMERSON ROSE ACT" BY ADDING SECTION 44-37-70 SO AS TO REQUIRE EACH BIRTHING FACILITY LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PERFORM A PULSE OXIMETRY SCREENING ON EVERY NEWBORN IN ITS CARE, WHEN THE BABY IS TWENTY-FOUR TO FORTY-EIGHT HOURS OF AGE, OR AS LATE AS POSSIBLE IF THE BABY IS DISCHARGED FROM THE HOSPITAL BEFORE REACHING TWENTY-FOUR HOURS OF AGE.
Ordered for consideration tomorrow.

Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 4182 (Word version) -- Reps. Hardwick, H. A. Crawford, Clemmons, Ryhal and Hardee: A CONCURRENT RESOLUTION TO REQUEST THAT


Printed Page 4623 . . . . . Wednesday, May 22, 2013

THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 701 FROM ITS INTERSECTION WITH THE LIMITS OF THE CITY OF CONWAY TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 22 "W. D. 'BILLY' WITHERSPOON HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "W. D. 'BILLY' WITHERSPOON HIGHWAY".
Ordered for consideration tomorrow.

Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 4149 (Word version) -- Rep. Erickson: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION AND BEAUFORT COUNTY ERECT APPROPRIATE SIGNS OR MARKERS ALONG UNITED STATES HIGHWAY 21 IN BEAUFORT COUNTY AS IT ENTERS ST. HELENA ISLAND FROM BOTH LADY'S ISLAND AND HUNTING ISLAND THAT CONTAIN THE WORDS "ST. HELENA ISLAND-HOME OF THE 2013 AMERICAN IDOL WINNER CANDICE GLOVER".
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4197 (Word version) -- Reps. Bowen, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton,


Printed Page 4624 . . . . . Wednesday, May 22, 2013

G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO HONOR KELLEY SMITH O'QUINN OF ANDERSON, LONGTIME FRIEND OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, FOR THE GENEROUS SUPPORT AND SERVICE SHE HAS RENDERED TO THE SCHOOL FOR DECADES, TO CONGRATULATE HER ON BEING PRESENTED THE DEGREE OF HONORARY DOCTOR OF HUMANE LETTERS BY MUSC, AND TO WISH HER MUCH FULFILLMENT IN ALL HER FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4198 (Word version) -- Rep. Douglas: A HOUSE RESOLUTION TO CONGRATULATE LOGAN ROBINSON OF WINNSBORO ON EARNING ALL ONE HUNDRED AND THIRTY FOUR MERIT BADGES OFFERED BY THE BOY SCOUTS OF AMERICA.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4199 (Word version) -- Reps. Huggins, Ballentine, Quinn, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford,


Printed Page 4625 . . . . . Wednesday, May 22, 2013

Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE IRMO FIRE DISTRICT FOR THE VALUABLE PUBLIC SERVICE IT RENDERS TO ITS COMMUNITY EVERY DAY AND TO CONGRATULATE THE DEPARTMENT AT THE CELEBRATION OF ITS FIFTIETH ANNIVERSARY.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4208 (Word version) -- Rep. Bowers: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR LE CREUSET OF AMERICA, INC., HEADQUARTERED IN HAMPTON COUNTY, FOR ITS FINE COOKWARE PRODUCTS AND TO COMMEND OWNER PAUL VAN ZUYDAM AND HIS COMPANY FOR THE INTEGRITY AND SUPERB QUALITY THAT HAVE WON LE CREUSET INTERNATIONAL RENOWN AND PATRONAGE.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4200 (Word version) -- Rep. Howard: A CONCURRENT RESOLUTION TO RECOGNIZE THE DEVASTATING EFFECTS CAUSED BY MENINGOCOCCAL DISEASE AND RAISE PUBLIC AWARENESS OF ITS SERIOUS IMPACT ON CITIZENS AND COMMUNITIES IN THE PALMETTO STATE.

The Concurrent Resolution was agreed to and ordered sent to the Senate.


Printed Page 4626 . . . . . Wednesday, May 22, 2013

CONCURRENT RESOLUTION

The following was introduced:

H. 4201 (Word version) -- Rep. G. R. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AUGUST 20, 2013, AS DIABETIC PERIPHERAL NEUROPATHY DAY AT THE STATE CAPITOL TO RAISE AWARENESS OF THE DELETERIOUS EFFECTS OF NERVE DAMAGE DUE TO DIABETIC PERIPHERAL NEUROPATHY.
Whereas, in the United States, it is estimated that 23.6 million people, 7.8 percent of the total population, are affected by diabetes; and

Whereas, the American Diabetes Association estimates that more than half of all people with diabetes suffer from diabetic peripheral neuropathy; and

Whereas, diabetic peripheral neuropathy is a serious condition that damages nerve fibers due to prolonged exposure to high amounts of glucose in the bloodstream; and

Whereas, diabetic peripheral neuropathy often causes intense pain, frequently described as aching, tingling, burning, and numbness of the feet, which can result in serious foot problems due to nerve damage; and

Whereas, although it can hurt, diabetic nerve damage can also lessen the ability to feel pain, heat, and cold, which means that diabetic patients may not feel a foot injury or even a stone in their shoe or a nail in their foot; and

Whereas, the rate of amputees in people with diabetes is ten times higher than in people without the disease, and studies show that more than sixty percent of nontraumatic lower-extremity amputations are due to diabetic peripheral neuropathy; and

Whereas, it is vital that South Carolinians with diabetes be aware of the dangers and warning signs of diabetic peripheral neuropathy and make healthy lifestyle choices to prevent the onset of this life-changing condition. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:


Printed Page 4627 . . . . . Wednesday, May 22, 2013

That the members of the South Carolina General Assembly, by this resolution, recognize August 20, 2013, as Diabetic Peripheral Neuropathy Day at the State Capitol to raise awareness of the deleterious effects of nerve damage due to diabetic peripheral neuropathy.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina chapter of the American Diabetes Association.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 710 (Word version) -- Senators Scott, Campsen, Grooms, Hayes, Reese, Courson, Nicholson and Alexander: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF MOTOR VEHICLES BESTOW SPECIAL RECOGNITION UPON CONGRESSIONAL MEDAL OF HONOR RECIPIENTS COLONEL CHARLES MURRAY, JR., CORPORAL FREDDIE STOWERS, MAJOR GENERAL JAMES E. LIVINGSTON, SERGEANT FIRST CLASS WEBSTER ANDERSON, MASTER SERGEANT JOHN BAKER, JR., AND SEAMAN ROBERT BLAKE, AND THE WIVES OF COLONEL CHARLES MURRAY, JR., MAJOR GENERAL JAMES E. LIVINGSTON AND MASTER SERGEANT JOHN BAKER, JR., BY NAMING DEPARTMENT OF MOTOR VEHICLES' BUILDINGS IN THEIR HONOR.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 711 (Word version) -- Senators L. Martin and Alexander: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION RENAME THE L.E.C. ROAD OF S-39-90 THAT BEGINS ON SOUTH CAROLINA HIGHWAY 8 AND ENDS ON MCDANIEL AVENUE IN PICKENS, SOUTH CAROLINA AS THE "C. DAVID STONE ROAD" AND ERECT APPROPRIATE


Printed Page 4628 . . . . . Wednesday, May 22, 2013

MARKERS OR SIGNS AT THIS ROAD THAT CONTAIN THE WORDS "C. DAVID STONE ROAD".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 4196 (Word version) -- Reps. Brannon, Harrell, Patrick, Pitts, Wood, Gambrell, Pope and Tallon: A BILL TO AMEND SECTIONS 9-1-1540, 9-1-1560, 9-1-1570, AND 9-11-80, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY, CALCULATION OF BENEFITS, AND PERIODIC REVIEWS FOR DISABILITY RETIREMENT BENEFITS FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM (SCRS) AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM (SCPORS), SO AS TO DELETE PROVISIONS OTHERWISE TAKING EFFECT JANUARY 1, 2014, THAT MAKE ELIGIBILITY FOR SCRS AND SCPORS DISABILITY RETIREMENT BENEFITS CONTINGENT UPON A MEMBER BEING ELIGIBLE FOR SOCIAL SECURITY DISABILITY AND DELETE CHANGES MADE IN THE CALCULATION OF SCRS AND SCPORS DISABILITY BENEFITS AND REVIEW OF ELIGIBILITY OTHERWISE SCHEDULED TO APPLY TO PERSONS APPLYING FOR SCRS AND SCPORS DISABILITY RETIREMENT AFTER DECEMBER 31, 2013.
Referred to Committee on Ways and Means

H. 4202 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO NURSE LICENSURE COMPACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 4342, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4203 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY,


Printed Page 4629 . . . . . Wednesday, May 22, 2013

RELATING TO ADMINISTRATIVE CITATIONS AND PENALTIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4335, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4204 (Word version) -- Rep. Delleney: A BILL TO AMEND SECTION 7-7-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN CHESTER COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS, TO DESIGNATE A MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC LANGUAGE.
On motion of Rep. DELLENEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4205 (Word version) -- Reps. Munnerlyn and Hayes: A BILL TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF MARLBORO COUNTY, SO AS TO PROVIDE THE COUNTY SCHOOL BOARD MAY DETERMINE SALARIES AND ALLOWANCES OF BOARD MEMBERS AND APPROVE LOCAL TAX FUNDS NEEDED FOR THESE SALARIES AND ALLOWANCES, AND TO DELETE PROVISIONS REQUIRING THE BOARD MEMBERS TO RECEIVE A PER DIEM AND THE CHAIRMAN TO RECEIVE ADDITIONAL COMPENSATION.
Referred to Marlboro Delegation

H. 4206 (Word version) -- Reps. Atwater, Bedingfield, Toole, Owens and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-155 SO AS TO PROVIDE THAT BEGINNING WITH THE 2016-2017 SCHOOL YEAR, SUCCESSFUL COMPLETION OF THREE HIGH SCHOOL-LEVEL VIRTUAL LEARNING CREDIT UNITS DURING HIGH SCHOOL IS REQUIRED TO GRADUATE FROM AN ACCREDITED HIGH SCHOOL IN THIS STATE, SUBJECT TO THE AVAILABILITY OF COURSEWORK PROVIDING THESE VIRTUAL LEARNING CREDIT UNITS FROM IMPLEMENTATION OF THE SOUTH CAROLINA VIRTUAL SCHOOL PROGRAM UPON THE APPROPRIATION OF FUNDS BY THE GENERAL ASSEMBLY.
Referred to Committee on Education and Public Works


Printed Page 4630 . . . . . Wednesday, May 22, 2013

H. 4207 (Word version) -- Reps. Atwater, Quinn, Ballentine, Huggins, Kennedy and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 1, TITLE 59 SO AS TO PROVIDE THAT BEGINNING WITH THE 2015-2016 SCHOOL YEAR, A PARENT RESIDING IN THIS STATE MAY ENROLL HIS DISABLED CHILD IN ANY SCHOOL DISTRICT OR PRIVATE SCHOOL IN THIS STATE THAT HE CONSIDERS BEST CAPABLE OF MEETING THE UNIQUE NEEDS OF HIS CHILD'S DISABILITY; TO PROVIDE THE CHILD MUST MEET OTHER ADMISSIONS CRITERIA OF THE SCHOOL; TO REQUIRE THE TRANSMITTAL OF ONE HUNDRED PERCENT OF THE BASE STUDENT COST FROM THE DISTRICT IN WHICH THE CHILD RESIDES TO THE DISTRICT OF THE SCHOOL HE ATTENDS OR THE PRIVATE SCHOOL THAT HE ATTENDS; TO PROVIDE THAT WHEN A CHILD ENROLLED IN A SCHOOL UNDER THE PROVISIONS OF THIS ACT MOVES FROM THE DISTRICT THAT TRANSMITTED FUNDS ON HIS BEHALF TO ANOTHER DISTRICT, THE DISTRICT INTO WHICH THE CHILD MOVES SHALL REIMBURSE THE DISTRICT FROM WHICH THE CHILD MOVED ON A PRO RATA BASIS TO BE CALCULATED BY THE DEPARTMENT OF EDUCATION; AND TO PROVIDE THE DEPARTMENT SHALL DEVELOP APPLICATION PROCEDURES FOR A PARENT SEEKING TO ENROLL HIS CHILD IN A SCHOOL PURSUANT TO THE ACT.
Referred to Committee on Education and Public Works

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4051 (Word version) -- Rep. Hosey: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF EAST FLAT STREET IN THE TOWN OF ALLENDALE FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 301 TO ITS INTERSECTION WITH THE CAMPUS PERIMETER OF ALLENDALE ELEMENTARY SCHOOL "FRANK D. SOLOMON MEMORIAL WAY", AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "FRANK D. SOLOMON MEMORIAL WAY".


Printed Page 4631 . . . . . Wednesday, May 22, 2013

H. 4164 (Word version) -- Rep. Hodges: A CONCURRENT RESOLUTION TO CONGRATULATE QUINCY PRUITT KNIGHTON OF BEAUFORT COUNTY, UPON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY, AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MANY MORE YEARS OF CONTINUED HEALTH AND HAPPINESS.

H. 4176 (Word version) -- Reps. Quinn, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A CONCURRENT RESOLUTION TO HONOR AND COMMEND ONE OF THE SOUTH CAROLINA ARMY NATIONAL GUARD'S MOST DECORATED AND DISTINGUISHED UNITS, THE 122ND ENGINEER BATTALION, FOR ITS SERVICE TO OUR STATE AND NATION, AND TO EXTEND BEST WISHES AND GODSPEED TO THE MEMBERS OF THIS BATTALION FOR A SUCCESSFUL CONCLUSION TO THEIR CURRENT ASSIGNMENT IN AFGHANISTAN AND SAFE TRANSPORT HOME.

ADJOURNMENT

At 1:07 p.m. the House, in accordance with the motion of Rep. GEORGE, adjourned in memory of Annie Laurie D. Cooper of Mullins, to meet at 10:00 a.m. tomorrow.

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