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

Wednesday, May 14, 2014
(Statewide Session)


Printed Page 3485 . . . . . Wednesday, May 14, 2014

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Job 42:5: "I had heard of you by the hearing of the ear, but now my eyes see you."
Let us pray. God of grace, help us recognize Your presence with us as these Representatives and staff continue to do the work of Your people. Bless them with wisdom and integrity. Look in favor upon our Nation, President, State, Governor, Speaker, staff, and all who contribute to the success of this Assembly. Protect our defenders of freedom, at home and abroad, as they protect us. Heal the wounds, those seen and those hidden, of our brave warriors. 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. RIDGEWAY moved that when the House adjourns, it adjourn in memory of William Kirby "W. K." Harrington of Manning, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:

S. 446 (Word version) -- Senators Massey and L. Martin: A BILL TO RATIFY AN AMENDMENT TO SECTION 8, ARTICLE IV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION, QUALIFICATIONS, AND TERM OF THE LIEUTENANT GOVERNOR, TO PROVIDE THAT THE LIEUTENANT GOVERNOR MUST BE ELECTED JOINTLY WITH


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THE GOVERNOR IN A MANNER PRESCRIBED BY LAW; TO ADD SECTION 37 TO ARTICLE III OF THE CONSTITUTION OF THIS STATE, TO PROVIDE THAT THE SENATE SHALL ELECT FROM AMONG ITS MEMBERS A PRESIDENT TO PRESIDE OVER THE SENATE AND TO PERFORM OTHER DUTIES AS PROVIDED BY LAW; TO DELETE SECTIONS 9 AND 10 OF ARTICLE IV OF THE CONSTITUTION OF THIS STATE, RELATING TO THE LIEUTENANT GOVERNOR BEING PRESIDENT OF THE SENATE AND, WHILE PRESIDING IN THE SENATE, HAVING NO VOTE, UNLESS THE SENATE IS EQUALLY DIVIDED, TO REMOVE INCONSISTENT PROVISIONS; TO AMEND SECTION 11 OF ARTICLE IV OF THE CONSTITUTION OF THIS STATE, RELATING TO THE REMOVAL OF THE LIEUTENANT GOVERNOR FROM OFFICE BY IMPEACHMENT, DEATH, RESIGNATION, DISQUALIFICATION, DISABILITY OR REMOVAL FROM THE STATE, TO PROVIDE THAT THE GOVERNOR SHALL APPOINT, WITH THE ADVICE AND CONSENT OF THE SENATE, A SUCCESSOR TO FULFILL THE UNEXPIRED TERM; AND TO AMEND SECTION 12 OF ARTICLE IV OF THE CONSTITUTION OF THIS STATE, RELATING TO THE DISABILITY OF THE GOVERNOR, TO CONFORM APPROPRIATE REFERENCES.
Ordered for consideration tomorrow.

Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:

S. 561 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 16-17-680 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASING, SELLING, AND TRANSPORTING OF NONFERROUS METALS, SO AS TO DEFINE THE TERM "COIL" AND PROVIDE THAT A SECONDARY METALS RECYCLER MUST NOT PURCHASE OR OTHERWISE ACQUIRE A COIL.
Ordered for consideration tomorrow.

Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:

S. 813 (Word version) -- Senators Hayes, Peeler, O'Dell, Alexander, McElveen, McGill, Pinckney, Johnson, Williams and Verdin: A BILL TO


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AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-625 SO AS TO PROVIDE A PERSON WHO, WITHOUT LEGAL CAUSE OR GOOD EXCUSE, ENTERS A PUBLIC LIBRARY AFTER HAVING BEEN WARNED BY AN EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE LIBRARY NOT TO DO SO OR WITHOUT HAVING BEEN WARNED FAILS AND REFUSES, WITHOUT GOOD CAUSE OR GOOD EXCUSE, TO LEAVE IMMEDIATELY UPON BEING ORDERED OR REQUESTED TO DO SO IS GUILTY OF A MISDEMEANOR TRIABLE IN A MUNICIPAL OR MAGISTRATES COURT, AND TO PROVIDE THE PROVISIONS OF THIS SECTION MUST BE CONSTRUED AS IN ADDITION TO, AND NOT AS SUPERSEDING, ANOTHER STATUTE RELATING TO TRESPASS OR UNLAWFUL ENTRY ON LANDS OF ANOTHER.
Ordered for consideration tomorrow.

Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:

S. 440 (Word version) -- Senators Fair, Hutto and Jackson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-19-1435 SO AS TO PROVIDE THAT THE USE OF RESTRAINTS ON JUVENILES APPEARING IN COURT ARE PROHIBITED UNLESS THE RESTRAINTS ARE NECESSARY TO PREVENT HARM OR IF THE JUVENILE IS A FLIGHT RISK AND THERE ARE NO LESS RESTRICTIVE ALTERNATIVES AVAILABLE; TO GIVE A JUVENILE'S ATTORNEY THE RIGHT TO BE HEARD BEFORE THE COURT ORDERS THE USE OF RESTRAINTS; AND IF RESTRAINTS ARE ORDERED, TO REQUIRE THE COURT TO MAKE FINDINGS OF FACT IN SUPPORT OF THE ORDER.
Ordered for consideration tomorrow.

Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:

S. 687 (Word version) -- Senator L. Martin: A BILL TO AMEND CHAPTER 15, TITLE 63, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO CHILD CUSTODY AND VISITATION, TO ENACT THE "SOUTH CAROLINA BLIND PERSON'S RIGHT TO PARENT ACT", BY ADDING ARTICLE 4 TO THE CHAPTER SO AS TO


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PROVIDE THAT A COURT MAY NOT MAKE A DECISION ON GUARDIANSHIP, CUSTODY, OR VISITATION BASED UPON A SOLE CONSIDERATION OF THE BLINDNESS OF A CHILD'S PARENT OR GUARDIAN, AND THAT DECISIONS CONCERNING ADOPTIONS MAY NOT BE BASED UPON THE SOLE CONSIDERATION THAT THE PERSON SEEKING TO ADOPT A CHILD IS BLIND.
Ordered for consideration tomorrow.

Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:

S. 872 (Word version) -- Senators Fair, Hutto, Jackson and L. Martin: A BILL TO AMEND SECTION 63-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT CITIZENS AND LEGISLATIVE COMMITTEE ON CHILDREN, SO AS TO ESTABLISH IT AS A PERMANENT JOINT COMMITTEE AND TO DELETE OBSOLETE PROVISIONS.
Ordered for consideration tomorrow.

Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:

S. 343 (Word version) -- Senator Hayes: A BILL TO AMEND CHAPTER 7, TITLE 36, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARTICLE 7 OF THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THE CHAPTER IN ITS ENTIRETY IN ORDER TO PROVIDE FOR THE USE OF ELECTRONIC DOCUMENTS OF TITLE AND TO MAKE CONFORMING CHANGES.
Ordered for consideration tomorrow.

Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:

S. 840 (Word version) -- Senator Bryant: A BILL TO AMEND SECTION 44-53-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUBMISSION OF CERTAIN INFORMATION BY DISPENSERS AS PART OF THE STATE PRESCRIPTION MONITORING PROGRAM, SO AS TO REVISE THE MANNER OF SUBMISSION; AND TO AMEND SECTION 44-53-1650, RELATING TO CONFIDENTIALITY AND RELEASE OF DATA


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FROM THE STATE PRESCRIPTION MONITORING PROGRAM, SO AS TO REQUIRE A COURT ORDER FOR THE RELEASE OF CERTAIN INFORMATION FOR RESEARCH AND EDUCATION PURPOSES, AND TO REQUIRE A COURT ORDER TO RELEASE INFORMATION TO CERTAIN INDIVIDUALS WHEN THE REQUEST IS FOR SYSTEM DATA MAINTAINED FOR LONGER THAN ONE YEAR.
Ordered for consideration tomorrow.

Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:

S. 779 (Word version) -- Senator Davis: A BILL TO AMEND CHAPTER 19, TITLE 16 OF THE 1976 CODE, RELATING TO GAMBLING AND LOTTERIES, BY ADDING SECTION 16-19-60, TO PROVIDE THAT CERTAIN SOCIAL CARD AND DICE GAMES ARE NOT UNLAWFUL.
Ordered for consideration tomorrow.

Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:

S. 1007 (Word version) -- Senators Campbell and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-625 SO AS TO PROVIDE A PROCESS FOR EXPEDITING MORTGAGE FORECLOSURES AND TO DEFINE NECESSARY TERMINOLOGY.
Ordered for consideration tomorrow.

Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:

S. 1076 (Word version) -- Senators Shealy and Hembree: A BILL TO AMEND ARTICLE 8, CHAPTER 31, TITLE 23 OF THE 1976 CODE, RELATING TO IDENTIFICATION CARDS ISSUED TO AND FIREARM QUALIFICATION PROVIDED FOR RETIRED LAW ENFORCEMENT PERSONNEL, BY AMENDING SECTION 23-31-600(A)(2) TO PROVIDE THAT THE DEFINED TERM IS CONSISTENT WITH FEDERAL LAW, TO AMEND SECTION 23-31-600(E) TO REMOVE THE FEE REQUIREMENT FOR


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ISSUANCE OF AN IDENTIFICATION CARD PURSUANT TO THIS ARTICLE; AND TO MAKE CONFORMING AMENDMENTS.
Ordered for consideration tomorrow.

Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:

S. 356 (Word version) -- Senators Alexander and Reese: A BILL TO AMEND CHAPTER 1, TITLE 26, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTARIES PUBLIC, SO AS TO DEFINE TERMS, TO MAKE GRAMMATICAL CORRECTIONS, TO PROVIDE THAT TO BE QUALIFIED FOR A NOTARIAL COMMISSION, A PERSON MUST BE REGISTERED TO VOTE AND READ AND WRITE IN THE ENGLISH LANGUAGE, TO AUTHORIZE AND PROHIBIT CERTAIN ACTS OF A NOTARY PUBLIC, TO PROVIDE MAXIMUM FEE A NOTARY MAY CHARGE, TO PROVIDE THE PROCESS FOR GIVING A NOTARIAL CERTIFICATE, TO SPECIFY CHANGES FOR WHICH A NOTARY MUST NOTIFY THE SECRETARY OF STATE, TO PROVIDE THE ELEMENTS AND PENALTIES OF CERTAIN CRIMES RELATING TO NOTARIAL ACTS, AND TO PROVIDE THE FORM FOR A NOTARIZED DOCUMENT SENT TO ANOTHER STATE, AMONG OTHER THINGS.
Ordered for consideration tomorrow.

Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:

S. 495 (Word version) -- Senators Lourie and Rankin: A BILL TO AMEND SECTION 23-3-115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR CRIMINAL RECORD SEARCHES, SO AS TO CLARIFY THE DEFINITION OF CHARITABLE ORGANIZATIONS WHICH PAY A REDUCED FEE TO INCLUDE LOCAL PARK AND RECREATION VOLUNTEERS THROUGH A COMMISSION, MUNICIPALITY, COUNTY, OR THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM.
Ordered for consideration tomorrow.


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Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:

S. 176 (Word version) -- Senator Young: A BILL TO AMEND SECTION 22-3-1000 OF THE 1976 CODE, RELATING TO THE TIME FOR A MOTION FOR NEW TRIAL AND APPEAL IN MAGISTRATES COURT, TO INCREASE THE TIME PERIOD IN WHICH A MOTION FOR A NEW TRIAL MAY BE MADE FROM FIVE TO TEN DAYS.
Ordered for consideration tomorrow.

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

S. 459 (Word version) -- Senators Sheheen, Rankin, Alexander and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-55, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON WHO HOLDS A BEGINNER'S PERMIT OR A RESTRICTED DRIVER'S LICENSE TO DRIVE A MOTOR VEHICLE WHILE USING A CELLULAR TELEPHONE OR TEXT MESSAGING DEVICE; AND TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO DRIVE A MOTOR VEHICLE THROUGH A SCHOOL ZONE WHILE USING A CELLULAR TELEPHONE OR TEXT MESSAGING DEVICE WHEN THE SCHOOL ZONE'S WARNING LIGHTS HAVE BEEN ACTIVATED.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 5248 (Word version) -- Reps. Bedingfield, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, 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,


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Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Norrell, R. L. Ott, Owens, Parks, Patrick, Pitts, Pope, 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 DELVIN CHOICE OF SIMPSONVILLE FOR HIS SUCCESS ON THE NBC SHOW THE VOICE, TO RECOGNIZE HIM FOR HIS FINE REPRESENTATION OF OUR STATE TO A NATIONAL AUDIENCE, AND TO WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5250 (Word version) -- Reps. Bernstein, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, 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, 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, Norrell, R. L. Ott, Owens, Parks, Patrick, Pitts, Pope, 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 CARDINAL NEWMAN HIGH SCHOOL BOYS VARSITY SOCCER TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM


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FOR WINNING THE 2014 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5251 (Word version) -- Rep. Bernstein: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CARDINAL NEWMAN HIGH SCHOOL BOYS VARSITY SOCCER TEAM OF RICHLAND COUNTY 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 2014 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA 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 Cardinal Newman High School boys varsity soccer team of Richland County 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 2014 South Carolina Independent School Association Class AAA State Championship title.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5252 (Word version) -- Reps. Ballentine, Huggins, 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,


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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, Norrell, R. L. Ott, Owens, Parks, Patrick, Pitts, Pope, 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 REVEREND JAMES COLEESTER "JIMMY" PITTS, MINISTER OF SINGLES II AND BENEVOLENCE AT RIVERLAND HILLS BAPTIST CHURCH, OF IRMO, SOUTH CAROLINA UPON THE OCCASION OF HIS RETIREMENT AFTER TWENTY-SIX YEARS OF EXEMPLARY SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1293 (Word version) -- Senator McGill: A CONCURRENT RESOLUTION TO COMMEND THE MEMBERS OF THE AMERICAN LEGION RIDERS OF SOUTH CAROLINA FOR THEIR CONDUCT AND SPONSORSHIP OF THE 2014 MOTORCYCLE BENEFIT RIDE, WHICH WAS HELD ON APRIL 26 AND 27, 2014, WHICH EACH YEAR RAISES SUBSTANTIAL FUNDS FOR SCHOLARSHIPS FOR CHILDREN WHO HAVE HAD A PARENT KILLED DURING ACTIVE MILITARY SERVICE SINCE SEPTEMBER 11, 2001.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.


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INTRODUCTION OF BILLS

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

H. 5249 (Word version) -- Reps. Funderburk and W. J. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 60-13-220 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT BEGINNING WITH FISCAL YEAR 2015-2016 SHALL APPROPRIATE SUCH FUNDS AS IT CONSIDERS APPROPRIATE, NOT TO EXCEED SEVENTY-FIVE THOUSAND DOLLARS, TO ESTABLISH THE "SOUTH CAROLINA ARCHAEOLOGICAL PRESERVATION FUND" FOR THE PURPOSE OF AWARDING GRANTS TO QUALIFIED ARCHAEOLOGISTS TO PRESERVE, EXAMINE, AND EXPLORE PUBLIC AND PRIVATE ARCHAEOLOGICAL SITES IN SOUTH CAROLINA HAVING SIGNIFICANT ARCHEOLOGICAL IMPORTANCE AND DESERVING OF SPECIAL ATTENTION, AND TO CREATE A SEVEN MEMBER COMMITTEE TO AWARD THESE GRANTS UNDER SPECIFIED CONDITIONS.
Referred to Committee on Ways and Means

H. 5253 (Word version) -- Reps. Murphy, Horne, Harrell, Mack and Knight: A JOINT RESOLUTION TO PROVIDE THAT NOTWITHSTANDING THE PROVISIONS OF A JOINT RESOLUTION OF 2014 BEARING RATIFICATION NUMBER 150 AND THE PROVISIONS OF SECTION 59-1-425, THE GOVERNING BODY OF DORCHESTER SCHOOL DISTRICT TWO MAY WAIVE THE REQUIREMENT THAT SCHOOLS MAKE UP FULL DAYS MISSED DUE TO INCLEMENT WEATHER FOR FIVE OR FEWER FULL SCHOOL DAYS THAT STUDENTS WHO ATTEND SCHOOLS OR CHARTER SCHOOLS IN THE DISTRICT MISSED DUE TO INCLEMENT WEATHER DURING THE 2013-2014 SCHOOL YEAR REGARDLESS OF WHETHER THE DISTRICT HAS EXHAUSTED ALL STATUTORILY REQUIRED MAKE-UP DAYS REMAINING ON THE 2013-2014 SCHOOL CALENDAR.
On motion of Rep. MURPHY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.


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ROLL CALL

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

Alexander              Allison                Anderson
Anthony                Bales                  Ballentine
Bannister              Barfield               Bernstein
Bingham                Bowen                  Bowers
Branham                Brannon                G. A. Brown
R. L. Brown            Burns                  Chumley
Clemmons               Clyburn                Cobb-Hunter
Cole                   H. A. Crawford         Daning
Delleney               Dillard                Douglas
Edge                   Erickson               Felder
Finlay                 Forrester              Funderburk
Gagnon                 George                 Gilliard
Goldfinch              Hamilton               Hardee
Hardwick               Harrell                Hayes
Herbkersman            Hiott                  Hixon
Hodges                 Horne                  Hosey
Howard                 Huggins                Jefferson
Kennedy                King                   Knight
Limehouse              Loftis                 Long
Lowe                   Lucas                  Mack
McCoy                  McEachern              W. J. McLeod
Merrill                Mitchell               D. C. Moss
V. S. Moss             Munnerlyn              Murphy
Nanney                 Norman                 R. L. Ott
Owens                  Parks                  Patrick
Pitts                  Pope                   Putnam
Ridgeway               Rivers                 Robinson-Simpson
Ryhal                  Sabb                   Sandifer
Simrill                Skelton                G. M. Smith
J. E. Smith            J. R. Smith            Sottile
Southard               Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Toole                  Vick                   Weeks
Wells                  Whipper                White
Whitmire               Williams               Willis
Wood


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STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, May 14.

Kris Crawford                     William E. "Bill" Crosby
Mike Gambrell                     Jerry Govan
Joseph Neal                       Mandy Powers Norrell
Richard "Rick" Quinn              Robert Riley
Todd Rutherford                   Bakari Sellers
Garry R. Smith
Chris Hart   Anne Thayer

Total Present--119

LEAVE OF ABSENCE

The SPEAKER granted Rep. HENDERSON a leave of absence for the day to attend the 2014 Emerging Leaders Summit hosted by GOPAC.

LEAVE OF ABSENCE

The SPEAKER granted Rep. ATWATER a leave of absence for the day due to medical reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. BEDINGFIELD a leave of absence for the day due to family medical reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. CROSBY a temporary leave of absence.

LEAVE OF ABSENCE

The SPEAKER granted Rep. FORRESTER a temporary leave of absence.

STATEMENT OF ATTENDANCE

Rep. MITCHELL signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 13.


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DOCTORS OF THE DAY

Announcement was made that Dr. Patricia Witherspoon and Dr. Justin Quinn of Columbia were the Doctors of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. KENNEDY presented to the House the Team Storm 14U Softball Team of Gilbert, the 2013 WFC World Series Champions, their coaches, and other officials.

SPECIAL PRESENTATION

Rep. LIMEHOUSE presented to the House the Wando Rugby Club of Charleston County, the 2014 Rugby South Carolina State Champions, their coaches, and other officials.

CO-SPONSOR ADDED

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. 5249 (Word version)
Date:   ADD:
05/14/14   W. J. MCLEOD

SPEAKER PRO TEMPORE IN CHAIR


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S. 1284--ORDERED TO THIRD READING

The following Bill was taken up:

S. 1284 (Word version) -- Senator Pinckney: A BILL TO AMEND ACT 190 OF 1991, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY, SO AS TO REAPPORTION THE SPECIFIC ELECTION DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY MUST BE ELECTED BEGINNING WITH SCHOOL DISTRICT ELECTIONS IN 2014, AND TO PROVIDE FOR DEMOGRAPHIC INFORMATION IN REGARD TO THESE NEWLY DRAWN ELECTION DISTRICTS.

Rep. HODGES explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 73; Nays 0

Those who voted in the affirmative are:

Anderson               Anthony                Bales
Barfield               Bowen                  Brannon
G. A. Brown            R. L. Brown            Burns
Chumley                Clemmons               Clyburn
Cole                   H. A. Crawford         Daning
Delleney               Dillard                Douglas
Erickson               Felder                 Finlay
Funderburk             Gagnon                 Hardee
Hardwick               Harrell                Herbkersman
Hiott                  Hixon                  Hodges
Hosey                  Howard                 Huggins
Knight                 Limehouse              Loftis
Lowe                   Lucas                  Mack
McEachern              Mitchell               D. C. Moss
V. S. Moss             Munnerlyn              Murphy
Nanney                 Neal                   Norman
Owens                  Parks                  Pope
Putnam                 Ridgeway               Rutherford
Ryhal                  Sabb                   Simrill
Skelton                G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile

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Southard               Stavrinakis            Tallon
Taylor                 Weeks                  Wells
Whipper                Williams               Willis
Wood

Total--73

Those who voted in the negative are:

Total--0

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

H. 4996--DEBATE ADJOURNED

The following Bill was taken up:

H. 4996 (Word version) -- Reps. Brannon and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-277 SO AS TO REQUIRE ACCIDENT AND HEALTH INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS TO COVER CERTAIN AMINO ACID-BASED ELEMENTAL FORMULAS FOR THE TREATMENT OF CERTAIN DISEASES OR DISORDERS, TO PROHIBIT DENIAL OF THIS COVERAGE FOR TREATMENT ORDERED AS MEDICALLY NECESSARY BY A TREATING PHYSICIAN, AND TO PROVIDE THIS COVERAGE MUST BE FAVORABLE FOR PRESCRIPTION DRUGS AND SERVICES COVERED BY THE PLAN.

Rep. BRANNON moved to adjourn debate on the Bill until Thursday, May 15, which was agreed to.

H. 4265--DEBATE ADJOURNED

The following Bill was taken up:

H. 4265 (Word version) -- Reps. McCoy, Harrell and Merrill: A BILL TO AMEND SECTION 5-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR ANNEXATION OF SPECIAL PURPOSE DISTRICTS, SO AS TO PROVIDE FOR AN ADDITIONAL METHOD OF ANNEXATION BY RESOLUTION OF A SPECIAL PURPOSE DISTRICT WHEN A PREEXISTING


Printed Page 3501 . . . . . Wednesday, May 14, 2014

MUNICIPALITY ANNEXES A MAJORITY OF THE POPULATION OF THE DISTRICT OR WHEN A MUNICIPALITY INCORPORATES A MAJORITY OF THE POPULATION OF A DISTRICT.

Rep. DELLENEY moved to adjourn debate on the Bill until Thursday, May 15, which was agreed to.

H. 3945--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3945 (Word version) -- Reps. G. M. Smith, Harrell, Lucas, Bannister, Toole, Stringer, Hamilton, Sottile, Barfield, Bingham, Spires, Hardwick, Owens, Hiott, Long, Erickson, Murphy, Horne, Willis, Gagnon, Simrill, Funderburk, Henderson and W. J. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 13, TITLE 8 SO AS TO ESTABLISH THE SOUTH CAROLINA COMMISSION ON ETHICS ENFORCEMENT AND DISCLOSURE, TO PROVIDE FOR ITS POWERS, DUTIES, PROCEDURES, AND JURISDICTION, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO REPEAL ARTICLE 3, CHAPTER 13, TITLE 8 RELATING TO THE STATE ETHICS COMMISSION; TO REPEAL ARTICLE 5, CHAPTER 13, TITLE 8 RELATING TO THE HOUSE OF REPRESENTATIVES AND SENATE ETHICS COMMITTEES; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 8-13-700, AS AMENDED, RELATING TO USE OF AN OFFICIAL POSITION OR OFFICE FOR FINANCIAL GAIN, SO AS TO PROVIDE THAT IF A MEMBER OF THE GENERAL ASSEMBLY DETERMINES THAT HE HAS A CONFLICT OF INTEREST, HE MUST COMPLY WITH CERTAIN REQUIREMENTS BEFORE ABSTAINING FROM ALL VOTES ON THE MATTER, AND TO PROVIDE FOR WHEN A PUBLIC OFFICIAL WHO IS REQUIRED TO RECUSE HIMSELF FROM A MATTER MUST DO SO; TO AMEND SECTION 8-13-740, AS AMENDED, RELATING TO REPRESENTATION OF ANOTHER PERSON BY A PUBLIC OFFICIAL BEFORE A GOVERNMENTAL ENTITY, SO AS TO FURTHER DELINEATE WHAT IS CONSIDERED A CONTESTED


Printed Page 3502 . . . . . Wednesday, May 14, 2014

CASE WHEN REPRESENTATION BY A MEMBER OF THE GENERAL ASSEMBLY IS PERMITTED; TO AMEND SECTION 8-13-745, RELATING TO PAID REPRESENTATION OF CLIENTS AND CONTRACTING BY A MEMBER OF THE GENERAL ASSEMBLY OR AN ASSOCIATE IN PARTICULAR SITUATIONS, SO AS TO DELETE A PROHIBITION AGAINST CERTAIN CONTRACTS WITH AN ENTITY FUNDED WITH GENERAL FUNDS; TO AMEND SECTION 8-13-1120, AS AMENDED, RELATING TO CONTENTS OF STATEMENTS OF ECONOMIC INTEREST, SO AS TO FURTHER PROVIDE FOR THESE CONTENTS; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO CAMPAIGN PRACTICES, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 8-13-1318, RELATING TO ACCEPTANCE OF CONTRIBUTIONS TO RETIRE CAMPAIGN DEBTS, SO AS TO REQUIRE ANY SUCH CONTRIBUTIONS TO BE USED FOR THIS PURPOSE ONLY; TO AMEND SECTION 8-13-1338, RELATING TO PERSONS WHO MAY NOT SOLICIT CONTRIBUTIONS, SO AS TO INCLUDE THE HEAD OF ANY STATE AGENCY WHO IS SELECTED BY THE GOVERNOR, THE GENERAL ASSEMBLY, OR AN APPOINTED OR ELECTED BOARD; TO AMEND SECTION 8-13-1340, AS AMENDED, RELATING TO RESTRICTIONS ON CONTRIBUTIONS BY ONE CANDIDATE TO ANOTHER OR THROUGH COMMITTEES CONTROLLED BY A CANDIDATE, SO AS TO DELETE AN EXCEPTION FOR A COMMITTEE CONTROLLED BY A CANDIDATE IF IT IS THE ONLY SUCH COMMITTEE, AND TO MAKE CONFORMING CHANGES; TO AMEND SECTIONS 8-13-1510 AND 8-13-1520, BOTH AS AMENDED, RELATING TO PENALTIES FOR ETHICAL AND OTHER VIOLATIONS, AND BY ADDING SECTION 8-13-1530 SO AS TO FURTHER PROVIDE FOR THE PENALTIES FOR VIOLATIONS AND FOR WHERE CERTAIN WILFUL VIOLATIONS MUST BE TRIED; AND TO REPEAL SECTIONS 8-13-710 AND 8-13-715 RELATING TO REPORTING OF PARTICULAR GIFTS AND AUTHORIZED REIMBURSEMENTS FOR SPEAKING ENGAGEMENTS.

Reps. DELLENEY, NORMAN, HIXON, COLE, TALLON, BRANNON, V. S. MOSS, ROBINSON-SIMPSON, HARDEE, HOSEY, ANDERSON, DOUGLAS, MCEACHERN, MITCHELL, KING and MCCOY requested debate on the Bill.


Printed Page 3503 . . . . . Wednesday, May 14, 2014

S. 764--ORDERED TO THIRD READING

The following Bill was taken up:

S. 764 (Word version) -- Senators Alexander, Cromer and Malloy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2, CHAPTER 35, TITLE 43 SO AS TO CREATE THE VULNERABLE ADULT GUARDIAN AD LITEM PROGRAM WITHIN THE OFFICE ON AGING TO RECRUIT, TRAIN, AND SUPERVISE VOLUNTEERS TO SERVE AS COURT APPOINTED GUARDIANS AD LITEM FOR VULNERABLE ADULTS IN ABUSE, NEGLECT, AND EXPLOITATION PROCEEDINGS; TO PROVIDE THE DUTIES AND RESPONSIBILITIES OF A GUARDIAN AD LITEM; TO PROVIDE THAT A GUARDIAN AD LITEM MAY BE A LAYPERSON OR AN ATTORNEY; TO PROVIDE QUALIFICATIONS TO BECOME A GUARDIAN AD LITEM; TO AUTHORIZE THE VULNERABLE ADULT GUARDIAN AD LITEM PROGRAM TO INTERVENE IN PROCEEDINGS TO PETITION FOR REMOVAL OF A GUARDIAN AD LITEM UNDER CERTAIN CONDITIONS; TO PROVIDE THAT CERTAIN INFORMATION, REPORTS, AND RECORDS MUST BE MADE AVAILABLE   TO GUARDIANS AD LITEM BY CERTAIN STATE AND FEDERAL AGENCIES, MEDICAL AND DENTAL PRACTITIONERS, AND FINANCIAL INSTITUTIONS; TO PROVIDE THAT REPORTS AND INFORMATION COLLECTED AND MAINTAINED BY THE PROGRAM ARE CONFIDENTIAL AND TO PROVIDE FOR CIVIL IMMUNITY WHEN ACTING IN GOOD FAITH AND IN THE ABSENCE OF GROSS NEGLIGENCE; AND TO AMEND SECTION 43-35-45, RELATING, AMONG OTHER THINGS, TO THE APPOINTMENT OF AN ATTORNEY AND A GUARDIAN AD LITEM FOR A VULNERABLE ADULT IN A PROCEEDING, SO AS TO FURTHER PROVIDE THAT THE COURT SHALL APPOINT AN ATTORNEY FOR A LAY GUARDIAN AD LITEM AND THAT THE GUARDIAN AD LITEM MAY BE REMOVED IF THE VULNERABLE ADULT HAS THE CAPACITY TO ASSIST IN THE CASE.

Rep. HORNE explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 90; Nays 0


Printed Page 3504 . . . . . Wednesday, May 14, 2014

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Bales                  Ballentine             Barfield
Bowen                  Bowers                 Brannon
G. A. Brown            R. L. Brown            Burns
Chumley                Clemmons               Clyburn
Cobb-Hunter            Cole                   H. A. Crawford
Delleney               Douglas                Edge
Erickson               Felder                 Finlay
Funderburk             Gagnon                 George
Gilliard               Goldfinch              Govan
Hamilton               Hardee                 Hardwick
Harrell                Hayes                  Herbkersman
Hiott                  Hixon                  Hodges
Hosey                  Howard                 Huggins
Jefferson              Kennedy                King
Knight                 Limehouse              Long
Lowe                   Lucas                  McEachern
Merrill                Mitchell               D. C. Moss
V. S. Moss             Munnerlyn              Murphy
Nanney                 Norman                 Norrell
R. L. Ott              Owens                  Pope
Putnam                 Ridgeway               Riley
Robinson-Simpson       Ryhal                  Sabb
Sandifer               Simrill                Skelton
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Vick                   Weeks
Wells                  Whipper                Whitmire
Williams               Willis                 Wood

Total--90

Those who voted in the negative are:

Total--0

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


Printed Page 3505 . . . . . Wednesday, May 14, 2014

S. 817--ORDERED TO THIRD READING

The following Bill was taken up:

S. 817 (Word version) -- Senator L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-47 SO AS TO REQUIRE PERSONS SEEKING CERTAIN POSITIONS OR WHO VOLUNTEER OR SERVE IN A POSITION SUPPORTED, SPONSORED, OR ADMINISTERED BY THE SOUTH CAROLINA COMMISSION ON NATIONAL AND COMMUNITY SERVICE TO UNDERGO A STATE AND NATIONAL CRIMINAL HISTORY BACKGROUND CHECK AND TO PROVIDE PROCEDURES TO BE FOLLOWED AND FOR THE COSTS OF THE BACKGROUND CHECKS.

Rep. HORNE explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 98; Nays 0

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Bales                  Ballentine             Barfield
Bernstein              Bowen                  Bowers
Brannon                G. A. Brown            R. L. Brown
Burns                  Chumley                Clemmons
Clyburn                Cobb-Hunter            Cole
H. A. Crawford         K. R. Crawford         Daning
Delleney               Dillard                Douglas
Erickson               Felder                 Funderburk
Gagnon                 Gilliard               Goldfinch
Govan                  Hamilton               Hardee
Hardwick               Harrell                Hayes
Herbkersman            Hiott                  Hixon
Hodges                 Horne                  Hosey
Huggins                Jefferson              Kennedy
King                   Knight                 Limehouse
Loftis                 Lowe                   Lucas
McCoy                  McEachern              M. S. McLeod
D. C. Moss             V. S. Moss             Munnerlyn
Murphy                 Nanney                 Neal
Norman                 Norrell                R. L. Ott

Printed Page 3506 . . . . . Wednesday, May 14, 2014

Owens                  Parks                  Pitts
Pope                   Putnam                 Quinn
Ridgeway               Riley                  Robinson-Simpson
Rutherford             Ryhal                  Sabb
Sandifer               Simrill                Skelton
G. M. Smith            J. E. Smith            J. R. Smith
Sottile                Southard               Spires
Stavrinakis            Stringer               Tallon
Taylor                 Thayer                 Vick
Weeks                  Wells                  Whipper
White                  Whitmire               Williams
Willis                 Wood

Total--98

Those who voted in the negative are:

Total--0

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

S. 1035--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 1035 (Word version) -- Senators Davis, Rankin, Shealy, Cleary, L. Martin, Grooms, Bright, Pinckney, Coleman, Bryant, Verdin and Campbell: A BILL TO AMEND ARTICLE 4, CHAPTER 53, TITLE 44 OF THE 1976 CODE, RELATING TO THE CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH ACT OF 1980, TO ENACT THE MEDICAL CANNABIS THERAPEUTIC TREATMENT RESEARCH ACT; TO ESTABLISH THE MEDICAL CANNABIS THERAPEUTIC TREATMENT RESEARCH PROGRAM AT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO PROVIDE FOR PATIENTS ELIGIBLE TO PARTICIPATE IN THE PROGRAM; TO PROVIDE WHO AND UNDER WHAT CIRCUMSTANCES MEDICAL CANNABIS CAN BE ADMINISTERED TO A PATIENT; TO PROVIDE FOR NOTICE TO A PARTICIPATING PATIENT THAT THE PATIENT WILL BE PARTICIPATING IN A RESEARCH STUDY AND OF THE EXPERIMENTAL NATURE OF THE MEDICAL CANNABIS PROGRAM; TO PROVIDE FOR THE PROTECTION OF A


Printed Page 3507 . . . . . Wednesday, May 14, 2014

PARTICIPATING PATIENT'S PERSONAL INFORMATION; TO PROVIDE FOR THE OPERATION OF THE PROGRAM BY THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO PROVIDE REPORTING REQUIREMENTS BY ACADEMIC MEDICAL CENTERS THAT SUPERVISE OR ADMINISTER MEDICAL CANNABIS TREATMENTS; AND TO PROVIDE CRIMINAL AND CIVIL IMMUNITY FROM STATE ACTIONS OR SUITS ARISING FROM THE PROPER IMPLEMENTATION OF THIS ACT; AND TO PROVIDE THAT THE STATE SHALL DEFEND STATE EMPLOYEES WHO, IN GOOD FAITH, CARRY OUT THE PROVISIONS OF THIS ACT; AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO COLLABORATE WITH ACADEMIC MEDICAL CENTERS TO ASSIST INTERESTED PATIENTS WITH THE APPLICATION PROCESS TO PARTICIPATE IN EXISTING UNITED STATES FOOD AND DRUG ADMINISTRATION APPROVED INVESTIGATIONAL NEW DRUG STUDIES CONCERNING MEDICAL CANNABIS.

The Committee on Judiciary proposed the following Amendment No. 1 to S. 1035 (COUNCIL\DKA\1035C002.DKA.VR14), which was adopted:
Amend the bill, as and if amended, Section 44-53-110(27), SECTION 1, page 6, beginning on line 1, by striking the item in its entirety and inserting:
/ (27)(a)   'Marijuana' means:

(1)(i)     all species or variety of the marijuana plant and all parts thereof whether growing or not;

(2)(ii)   the seeds of the marijuana plant;

(3)(iii)   the resin extracted from any part of the marijuana plant; or

(4)(iv)   every compound, manufacture, salt, derivative, mixture, or preparation of the marijuana plant, marijuana seeds, or marijuana resin.

(b)   'Marijuana' does not mean:

(1)(i)   the mature stalks of the marijuana plant or fibers produced from these stalks;

(2)(ii)   oil or cake made from the seeds of the marijuana plant, including cannabidiol derived from the seeds of the marijuana plant;


Printed Page 3508 . . . . . Wednesday, May 14, 2014

(3)(iii)   any other compound, manufacture, salt, derivatives, mixture, or preparation of the mature stalks (except the resin extracted therefrom), including cannabidiol derived from mature stalks;

(4)(iv)   the sterilized seed of the marijuana plant which is incapable of germination;

(v)   for persons participating in a clinical trial or in an expanded access program related to administering cannabidiol for the treatment of severe forms of epilepsy pursuant to Article 18, Chapter 53, Title 44, a drug or substance approved for the use of those participants by the federal Food and Drug Administration; or

(vi)   for persons, or the persons' parents, legal guardians, or other caretakers, who have received a written certification from a physician licensed in this State that the person has been diagnosed by a physician as having Lennox Gastaut Syndrome, Dravet Syndrome, also known as 'severe myoclonic epilepsy of infancy', or any other severe form of epilepsy that is not adequately treated by traditional medical therapies, the substance cannabidiol, a nonpsychoactive cannabinoid, or any compound, manufacture, salt, derivative, mixture, or preparation of any plant of the genus cannabis that contains nine-tenths of one percent or less of tetrahydrocannabinol and more than fifteen percent of cannabidiol.

(c)   For purposes of this item, written certification means a document dated and signed by a physician stating that the patient has been diagnosed with Lennox Gastaut Syndrome, Dravet Syndrome, also known as 'severe myoclonic epilepsy of infancy', or any other severe form of epilepsy that is not adequately treated by traditional medical therapies and the physician's conclusion that the patient might benefit from the medical use of cannabidiol.

(d)   A physician is not subject to detrimental action, including arrest, prosecution, penalty, denial of a right or privilege, civil penalty, or disciplinary action by a professional licensing board for providing written certification for the medical use of cannabidiol to a patient in accordance with this section. /
Amend further, Article 18, Chapter 53, Title 44, SECTION 2, by inserting after line 23 / Julian's Law /
Amend further, Section 44-53-1810(1), SECTION 2, page 8, beginning on line 25, by striking the item in its entirety and inserting:
/   (1)   'Academic medical center' means a research hospital that operates a medical residency program for physicians and conducts research that involves human subjects, and other hospital research


Printed Page 3509 . . . . . Wednesday, May 14, 2014

programs conducting research as a sub-recipient with the academic medical center as the prime awardee. /
Amend further, Section 44-53-1810(3), SECTION 2, page 8, beginning on line 38, by striking the item in its entirety and inserting:
/   (3)   'Cannabidiol' means a finished preparation containing, of its total cannabinoid content, at least 98 percent cannabidiol and not more than 0.90 percent tetrahydrocannabinol by volume that has been extracted from marijuana or synthesized in a laboratory. /
Renumber sections to conform.
Amend title to conform.

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

Rep. HORNE proposed the following Amendment No. 2 to S. 1035 (COUNCIL\MS\1035C001.MS.VR14), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/   SECTION   __.   (A)   There is created a study committee whose purpose is to develop a plan for the sale and use of medical marijuana in the State should the Drug Enforcement Administration declassify or reclassify marijuana as a controlled substance.

(B)(1)   Members of the study committee must include:

(a)   the Director or a designee of the Department of Agriculture;

(b)   the Director or a designee of the Department of Health and Environmental Control;

(c)   the Director or a designee of the Department of Revenue;

(d)   the Director of a designee of the State Law Enforcement Division;

(e)   two members of the House of Representatives appointed by the Speaker of the House, one of whom the Speaker shall designate as a co-chair of the study committee;

(f)   two members of the Senate appointed by the President Pro Tempore of the Senate, one of whom the President Pro Tempore shall designate as a co-chair of the study committee;

(g)   one member of the public appointed by the Speaker of the House of Representatives;

(h)   one member of the public appointed by the President Pro Tempore of the Senate;


Printed Page 3510 . . . . . Wednesday, May 14, 2014

(i)   the President or a designee of the Medical University of South Carolina; and

(j)   the President or a designee of Clemson University.

(2)   The study committee also may invite representatives of non-profit entities with expertise in the production of CBD oil to participate in the study committee process.

(3)   The House of Representatives Judiciary Committee and the Senate Medical Affairs Committee shall designate staff to assist the study committee.

(C)   The study committee shall provide a report with findings and recommendations to the House of Representatives and the Senate by March 15, 2015, at which the study committee shall dissolve. The report must address, at a minimum, methods and procedures for cultivating medical marijuana in the State, the amount of tax to impose on the sale of medical marijuana, the need for an agriculture marketing plan for the sale and use of medical marijuana, and the impact of the sale and use of medical marijuana on public health and wellness. /
Renumber sections to conform.
Amend title to conform.

Rep. HORNE explained 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 78; Nays 19

Those who voted in the affirmative are:

Alexander              Anderson               Bales
Bannister              Bernstein              Bowen
Bowers                 Branham                G. A. Brown
R. L. Brown            Clyburn                Cobb-Hunter
Cole                   K. R. Crawford         Daning
Delleney               Dillard                Douglas
Erickson               Felder                 Finlay
Funderburk             Gagnon                 George
Gilliard               Goldfinch              Hardee
Hardwick               Harrell                Herbkersman
Hixon                  Hodges                 Horne
Hosey                  Huggins                Knight

Printed Page 3511 . . . . . Wednesday, May 14, 2014

Limehouse              Long                   Lucas
Mack                   McCoy                  McEachern
M. S. McLeod           W. J. McLeod           Merrill
Mitchell               D. C. Moss             Munnerlyn
Norman                 Norrell                Parks
Pitts                  Pope                   Quinn
Ridgeway               Rivers                 Robinson-Simpson
Rutherford             Sabb                   Sandifer
Simrill                Skelton                G. M. Smith
J. E. Smith            J. R. Smith            Sottile
Southard               Spires                 Stavrinakis
Stringer               Taylor                 Thayer
Vick                   Weeks                  Wells
Whipper                White                  Wood

Total--78

Those who voted in the negative are:

Allison                Anthony                Ballentine
Barfield               Brannon                Burns
Chumley                Clemmons               H. A. Crawford
Hamilton               Hayes                  Hiott
Kennedy                Loftis                 Nanney
Putnam                 Riley                  G. R. Smith
Tallon

Total--19

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

SPEAKER IN CHAIR

S. 1089--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 1089 (Word version) -- Senators Davis, Campsen, Grooms and Pinckney: A BILL TO AMEND SECTION 54-3-700 OF THE 1976 CODE, RELATING TO THE CESSATION OF MARINE TERMINAL OPERATIONS AND THE SALE OF PROPERTY AT PORT ROYAL, TO RECOGNIZE THAT THE STATE PORTS AUTHORITY HAS


Printed Page 3512 . . . . . Wednesday, May 14, 2014

CEASED OPERATIONS AT PORT ROYAL, TO DIRECT THE STATE PORTS AUTHORITY TO SELL THE PORT ROYAL PROPERTY AS SOON AS PRACTICABLE ON OR BEFORE JUNE 30, 2015 AND TO PROVIDE FLEXIBILITY IN THE MANNER OF SALE, TO PROVIDE FOR CERTAIN CIRCUMSTANCES WHERE THE SALE MAY BE CLOSED AFTER JUNE 30, 2015, TO PROVIDE THAT IF THE PROPERTY IS NOT SOLD BY JUNE 30, 2015 SUBJECT TO THE IDENTIFIED EXCEPTIONS, THE AUTHORITY MUST IRREVOCABLY TRANSFER THE PROPERTY TO THE GENERAL SERVICES DIVISION TO BE SOLD AT AUCTION, TO PROVIDE THAT IF THE PROPERTY DOES NOT SELL AT AUCTION AS PROVIDED, GENERAL SERVICES SHALL MARKET AND SELL THE PROPERTY IN A COMMERCIALLY REASONABLE MANNER; TO PROVIDE FOR AN APPRAISAL OF THE PROPERTY PRIOR TO SALE, TO PROVIDE THAT THE PROPERTY MAY BE SOLD BY THE STATE PORTS AUTHORITY OR GENERAL SERVICES FOR EIGHTY PERCENT OR MORE OF THE APPRAISED VALUE; TO PROVIDE THAT ALL SALES MUST BE MADE ACCORDING TO STATE PROCEDURES, TO PROVIDE FOR THE DISTRIBUTION OF SALES PROCEEDS, AND TO PROVIDE THAT A SALE OF THE PROPERTY PURSUANT TO THIS ACT SATISFIES THE STATE PORTS AUTHORITY BOARD'S FIDUCIARY DUTIES TO THE AUTHORITY AND TO THE AUTHORITY'S BOND HOLDERS.

Rep. ERICKSON proposed the following Amendment No. 1 to S. 1089 (COUNCIL\BH\1089C001.BH.DG14), which was adopted:
Amend the bill, as and if amended, SECTION 2, beginning on page 4, by striking Section 54-3-700(D) and inserting:
/   (D)   Any real or personal property at Port Royal which is to be sold must be first appraised and then sold at fair market value prior to the sale. The real property appraiser must be a State Certified General Real Estate Appraiser, a member of the Appraisal Institute (MAI), and must be knowledgeable in appraisal and in appraising marine terminal facilities closed industrial sites. The appraisal of the real property should include its future development opportunities and those of the surrounding properties, and give due consideration to the possible existence of adverse environmental conditions and structurally unsound improvements. The State Ports Authority Board of Directors shall exercise its lawful discretion in the acceptance of any sales price with


Printed Page 3513 . . . . . Wednesday, May 14, 2014

due regard to its fiduciary duties to the authority and for the protection of the interests of the authority's bondholders as set forth in its bond covenants, and otherwise according to law, including conversion of a nonperforming asset into revenue in the most expeditious manner. The sale of the real property shall comply with all state laws and procedures, must be approved by the State Budget and Control Board, and must be on an open-bid basis, and no bid may be accepted which is less than the property's fair market value as shown by the appraisal. All proceeds from the sale of real and personal property at Port Royal must be retained by the State Ports Authority;, except as provided in item (C)(3), and except that the Town of Port Royal may petition the State Budget and Control Board, or its successor entity, for a portion of the net proceeds from a sale and may be allocated a portion of these net proceeds in an amount not to exceed five percent of the net proceeds upon showing the allocation is necessary to pay for infrastructure needs directly associated with and necessitated by the closing of the port as Port Royal. These funds must be expended at the direction of the Town Council of Port Royal with the approval of the State Budget and Control Board, or its successor entity, solely for infrastructure, and shall have priority over all other expenditures except usual and necessary closing costs attributable to a sales contract." /
Renumber sections to conform.
Amend title to conform.

Rep. ERICKSON explained 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 94; Nays 0

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Bales                  Ballentine             Barfield
Bernstein              Bowen                  Bowers
Branham                Brannon                G. A. Brown
Burns                  Clemmons               Cole
H. A. Crawford         K. R. Crawford         Daning
Delleney               Dillard                Douglas
Erickson               Finlay                 Funderburk

Printed Page 3514 . . . . . Wednesday, May 14, 2014

Gagnon                 Gambrell               George
Gilliard               Goldfinch              Hamilton
Hardee                 Hardwick               Harrell
Hayes                  Herbkersman            Hiott
Hixon                  Hodges                 Horne
Hosey                  Huggins                Jefferson
Kennedy                King                   Knight
Loftis                 Long                   Lowe
Lucas                  Mack                   McCoy
McEachern              M. S. McLeod           W. J. McLeod
Merrill                D. C. Moss             Nanney
Norman                 Norrell                R. L. Ott
Owens                  Parks                  Putnam
Quinn                  Ridgeway               Riley
Rivers                 Robinson-Simpson       Rutherford
Ryhal                  Sabb                   Sandifer
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Southard               Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Vick                   Weeks
Wells                  Whipper                White
Whitmire               Williams               Willis
Wood

Total--94

Those who voted in the negative are:

Total--0

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

S. 4--REQUESTS FOR DEBATE

The following Bill was taken up:

S. 4 (Word version) -- Senators Scott, Malloy, Setzler, Matthews, Allen, Coleman, Ford, Hutto, Jackson, Johnson, Lourie, McElveen, McGill, Nicholson, Pinckney, Reese, Sheheen, Williams and Bryant: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING


Printed Page 3515 . . . . . Wednesday, May 14, 2014

SECTION 7-13-25 SO AS TO ESTABLISH EARLY VOTING PROCEDURES; TO AMEND SECTION 7-3-20, AS AMENDED, RELATING TO DUTIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO FURTHER DEFINE HIS DUTIES; AND TO AMEND SECTION 7-15-320, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO INCLUDE VOTING DURING THE EARLY VOTING PERIOD.

Reps. CLEMMONS, TALLON, NANNEY, GOLDFINCH, H. A. CRAWFORD, HARDWICK, BARFIELD, RYHAL, BRANNON, WOOD, COLE, ALLISON, ANDERSON, SKELTON, G. A. BROWN and SANDIFER requested debate on the Bill.

S. 1198--ORDERED TO THIRD READING

The following Joint Resolution was taken up:

S. 1198 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER POLLUTION CONTROL PERMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4444, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. HIOTT explained the Joint Resolution.

The yeas and nays were taken resulting as follows:

Yeas 103; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Bales                  Ballentine
Barfield               Bernstein              Bowen
Bowers                 Brannon                G. A. Brown
R. L. Brown            Burns                  Chumley
Clemmons               Clyburn                Cobb-Hunter
Cole                   H. A. Crawford         K. R. Crawford
Daning                 Delleney               Dillard
Douglas                Erickson               Felder
Finlay                 Funderburk             Gagnon

Printed Page 3516 . . . . . Wednesday, May 14, 2014

Gambrell               George                 Gilliard
Goldfinch              Govan                  Hamilton
Hardee                 Hardwick               Harrell
Hayes                  Hiott                  Hixon
Hodges                 Horne                  Hosey
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                 Norman                 Norrell
R. L. Ott              Owens                  Parks
Pitts                  Pope                   Putnam
Quinn                  Ridgeway               Riley
Robinson-Simpson       Rutherford             Ryhal
Sabb                   Sandifer               Simrill
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Southard
Spires                 Stavrinakis            Tallon
Taylor                 Thayer                 Vick
Weeks                  Wells                  Whipper
Whitmire               Williams               Willis
Wood

Total--103

Those who voted in the negative are:

Total--0

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

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


Printed Page 3517 . . . . . Wednesday, May 14, 2014

H. 3512--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 3512 (Word version) -- Reps. Quinn and J. E. Smith: A BILL TO AMEND SECTION 61-6-1560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCOUNTS ON ALCOHOLIC LIQUORS OR NONALCOHOLIC ITEMS, SO AS TO ALLOW A RETAIL DEALER TO OFFER DISCOUNTS AT THE REGISTER THROUGH THE USE OF PREMIUMS, COUPONS, OR STAMPS, SO LONG AS THE COST RELATED TO THE DISCOUNT IS PROVIDED ONLY BY THE RETAIL DEALER AND IS NOT PROHIBITED BY FEDERAL LAW; AND TO AMEND SECTION 61-6-1500, RELATING TO RESTRICTIONS ON RETAIL DEALERS OF CERTAIN ALCOHOLIC PRODUCTS, SO AS TO PROHIBIT CERTAIN TRANSACTIONS TO ANOTHER RETAIL DEALER IN CERTAIN SITUATIONS, TO PROHIBIT CERTAIN TRANSACTIONS BETWEEN LOCATIONS OWNED BY THE SAME RETAIL DEALER, AND TO PROVIDE ADDITIONAL PENALTIES.

Rep. COLE proposed the following Amendment No. 1A to H. 3512 (COUNCIL\BH\3512C001.BH.DG14), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/   SECTION   ___.   A.   Section 61-2-90 of the 1976 Code is amended to read:

"Section 61-2-90.   A person desiring a license or permit under this title must file with the department an application in writing on forms provided by the department containing a statement under oath setting forth:

(1)   the name, address, date of birth, race, and nationality of the person applying for the license or permit;

(2)   the exact location where the business is proposed to be operated;

(3)   a description of the type of business to be operated;

(4)   whether the applicant or an owner of the business has been involved in the sale of alcoholic liquors, beer, or wine in this or another state and whether he the applicant or owner has had a license or permit suspended or revoked; and


Printed Page 3518 . . . . . Wednesday, May 14, 2014

(5)   whether the applicant has been a legal resident of this State for at least thirty days before the date of application, and has maintained his principal place of abode in the State for at least thirty days before the date of application;

(6)   other information required by the department to determine if the application meets all statutory requirements for the license or permit and to determine the true owners of the business seeking the license or permit."
B.   Article 17, Chapter 4, Title 61 of the 1976 Code is amended to read:

"Article 17
Brewpubs

Section   61-4-1700.   For purposes of this article:

(1)   'Brewpub' means a tavern, public house, restaurant, or hotel which produces on the permitted premises a maximum of two five hundred thousand barrels a year of beer for sale to consumers, wholesalers, or exporters on the permitted premises.

(2)   'Permitted premises' means those areas normally used by the permittee or licensee to conduct his business and includes, but is not limited to, the selling areas, brewing areas, storage areas, food preparation areas, and parking areas.

(3)   'Person' means an individual, partnership, corporation, or other form of business organization.

Section   61-4-1710.   The department may issue a brewpub permit to a person to operate a brewpub in this State subject to the requirements of this chapter and the payment of a biennial brewpub permit fee of two thousand dollars.

Section   61-4-1720.   The brewpub permit provided for in this article is in lieu of a permit required for the manufacture of beer or sale of beer and wine including, but not limited to, a brewer's and retailer's permit. The sale of alcoholic liquors for consumption on the premises by the drink requires an appropriate license which may be issued to the holder of a brewpub permit who meets all other qualifications for the license under this title.

Section   61-4-1730.   Beer brewed on a permitted premises pursuant to this article must be taxed as provided in Section 12-21-1035. The permittee shall maintain adequate records as determined by the department to ensure the collection of this tax.

Section   61-4-1740.   A brewpub permit authorizes the holder to:

(1)   produce on the permitted premises a maximum of two five hundred thousand barrels of beer a year of beer for sale:


Printed Page 3519 . . . . . Wednesday, May 14, 2014

(a)   on draft for consumption on the permitted premises;

(b)   in a sanitary container brought to the premises by the purchaser and filled at the tap by the permittee at the time of sale; and

(c)   in bottles and cans for consumption by the purchaser off the premises; and

(d)   in kegs, bottles, and cans to a wholesaler;

(2)   sell the beer of a producer which that has been purchased from a wholesaler through the normal three-tier distribution chain set forth in Section 61-4-940;

(3)   serve food or otherwise be qualified as a public eating establishment. This provision may not be construed to exempt a permittee or licensee from the requirement that food must be served in order for a license for the consumption of alcoholic liquors on the premises to be issued; and

(4)   sell beer produced on the permitted premises to wholesalers licensed under Chapter 4, Title 61; however, beer produced on the permitted premises shall be sold to exporters and nonresident wholesalers only when the purchase is not for resale in this State.

Section   61-4-1750.   No person holding a brewpub permit may shall sell beer, ale, porter, or other similar malt or fermented beverages on draft, on tap, from kegs, or from other containers unless approved by the rules and regulations of the Department of Health and Environmental Control governing eating and drinking establishments and other retail food establishments, if the brewpub permittee is subject to those rules and regulations.

Section   61-4-1760.   No brewpub permittee may sell or ship the beer produced on the permitted premises for sale in another location. Reserved.

Section   61-4-1770.   The department may suspend or revoke the permit or license of a person who violates the provisions of this article."
C.   Notwithstanding the general effective date of this act, this SECTION takes effect upon approval by the Governor.   /
Renumber sections to conform.
Amend title to conform.

Rep. COLE explained the amendment.

The yeas and nays were taken resulting as follows:

Yeas 88; Nays 4


Printed Page 3520 . . . . . Wednesday, May 14, 2014

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Bales                  Ballentine             Bernstein
Bowers                 Brannon                G. A. Brown
R. L. Brown            Clemmons               Clyburn
Cobb-Hunter            Cole                   H. A. Crawford
K. R. Crawford         Daning                 Delleney
Dillard                Douglas                Edge
Erickson               Felder                 Finlay
Funderburk             Gagnon                 Gambrell
George                 Goldfinch              Hamilton
Hardwick               Harrell                Hayes
Herbkersman            Hixon                  Hodges
Horne                  Hosey                  Howard
Huggins                Jefferson              King
Knight                 Limehouse              Long
Lowe                   Lucas                  Mack
McCoy                  McEachern              M. S. McLeod
W. J. McLeod           Merrill                Mitchell
D. C. Moss             V. S. Moss             Munnerlyn
Murphy                 Nanney                 Neal
Norman                 Pitts                  Pope
Putnam                 Ridgeway               Rivers
Robinson-Simpson       Rutherford             Ryhal
Sabb                   Sandifer               Simrill
Skelton                G. M. Smith            G. R. Smith
J. E. Smith            Sottile                Southard
Spires                 Stavrinakis            Tallon
Thayer                 Vick                   Weeks
Whipper                White                  Whitmire
Wood

Total--88

Those who voted in the negative are:

Barfield               J. R. Smith            Taylor
Wells

Total--4

The amendment was then adopted.


Printed Page 3521 . . . . . Wednesday, May 14, 2014

Rep. RUTHERFORD proposed the following Amendment No. 2A to H. 3512 (COUNCIL\MS\3512C001.MS.AHB14), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION   __. A.   Section 61-6-4160 of the 1976 Code is amended to read:

"Section 61-6-4160.   It is unlawful to sell alcoholic liquors on Sunday except as authorized by law, on statewide election days Christmas Day, or during periods proclaimed by the Governor in the interest of law and order or public morals and decorum. Full authority to proclaim these periods is conferred upon the Governor in addition to all his other powers. A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(a)   for a first offense, by a fine of two hundred dollars or imprisonment for sixty days;

(b)   for a second offense, by a fine of one thousand dollars or imprisonment for one year; and

(c)   for a third or subsequent offense, by a fine of two thousand dollars or imprisonment for two years."
B.   This SECTION takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. RUTHERFORD explained the amendment.

The yeas and nays were taken resulting as follows:

Yeas 55; Nays 33

Those who voted in the affirmative are:

Alexander              Anderson               Anthony
Bales                  Bernstein              Branham
Brannon                G. A. Brown            R. L. Brown
Clyburn                Cobb-Hunter            Cole
K. R. Crawford         Daning                 Dillard
Douglas                George                 Gilliard
Hardwick               Harrell                Herbkersman
Hodges                 Horne                  Hosey
King                   Knight                 Limehouse
McCoy                  M. S. McLeod           W. J. McLeod
Merrill                Mitchell               D. C. Moss

Printed Page 3522 . . . . . Wednesday, May 14, 2014

V. S. Moss             Munnerlyn              Murphy
Neal                   Norrell                Pitts
Pope                   Putnam                 Ridgeway
Robinson-Simpson       Rutherford             Ryhal
Sabb                   Skelton                G. M. Smith
J. E. Smith            Sottile                Spires
Stavrinakis            Thayer                 Vick
Weeks

Total--55

Those who voted in the negative are:

Ballentine             Barfield               Burns
Chumley                Clemmons               H. A. Crawford
Delleney               Felder                 Finlay
Goldfinch              Hamilton               Hayes
Hixon                  Huggins                Loftis
Lowe                   Lucas                  Nanney
Norman                 Owens                  Quinn
Riley                  Rivers                 Simrill
G. R. Smith            J. R. Smith            Southard
Stringer               Tallon                 Wells
White                  Willis                 Wood

Total--33

The amendment was then adopted.

The Senate Amendments were amended, and the Bill was ordered returned to the Senate.

H. 5225--DEBATE ADJOURNED

The following Bill was taken up:

H. 5225 (Word version) -- Reps. Lowe, K. R. Crawford, Williams and Lucas: A BILL TO AMEND CHAPTER 23, TITLE 4, CODE OF LAWS OF 1976, RELATING TO JOINT COUNTY FIRE DISTRICTS BY ADDING ARTICLE 10 SO AS TO ESTABLISH THE WEST FLORENCE FIRE DISTRICT TO BE COMPOSED OF AREAS IN FLORENCE AND DARLINGTON COUNTIES, TO PROVIDE FOR A GOVERNING COMMISSION FOR THE DISTRICT AND ITS


Printed Page 3523 . . . . . Wednesday, May 14, 2014

DUTIES, POWERS, AND FUNCTIONS, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.

Rep. BRANHAM moved to commit the Bill to the Committee on Ways and Means.

Rep. LOWE moved to table the motion.

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

Yeas 53; Nays 49

Those who voted in the affirmative are:

Ballentine             Barfield               Bingham
Burns                  Clemmons               Cole
H. A. Crawford         K. R. Crawford         Daning
Delleney               Erickson               Felder
Finlay                 Gagnon                 Gambrell
Goldfinch              Hamilton               Hardwick
Harrell                Herbkersman            Hixon
Huggins                Kennedy                Limehouse
Loftis                 Long                   Lowe
Lucas                  McCoy                  D. C. Moss
Murphy                 Nanney                 Owens
Pitts                  Pope                   Putnam
Quinn                  Riley                  Rivers
Sandifer               Simrill                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Spires                 Stringer               Thayer
Wells                  White                  Whitmire
Williams               Willis

Total--53

Those who voted in the negative are:

Alexander              Allison                Anderson
Anthony                Bales                  Bernstein
Bowers                 Branham                Brannon
G. A. Brown            R. L. Brown            Chumley
Clyburn                Cobb-Hunter            Dillard
Douglas                Funderburk             George

Printed Page 3524 . . . . . Wednesday, May 14, 2014

Govan                  Hayes                  Hodges
Hosey                  Howard                 Jefferson
King                   Knight                 Mack
McEachern              M. S. McLeod           W. J. McLeod
Merrill                Mitchell               Munnerlyn
Neal                   Norrell                R. L. Ott
Ridgeway               Robinson-Simpson       Rutherford
Sabb                   Skelton                J. E. Smith
Southard               Stavrinakis            Taylor
Vick                   Weeks                  Whipper
Wood

Total--49

So, the motion to commit the Bill was tabled.

Rep. SKELTON moved to continue the Bill.

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

Yeas 44; Nays 59

Those who voted in the affirmative are:

Alexander              Anderson               Anthony
Bales                  Bernstein              Bowers
Branham                G. A. Brown            R. L. Brown
Clyburn                Cobb-Hunter            Dillard
Douglas                Funderburk             George
Gilliard               Govan                  Hayes
Hodges                 Hosey                  Howard
Jefferson              King                   Knight
Mack                   McEachern              M. S. McLeod
W. J. McLeod           Mitchell               V. S. Moss
Munnerlyn              Neal                   Norrell
R. L. Ott              Ridgeway               Robinson-Simpson
Rutherford             Sabb                   Skelton
Southard               Taylor                 Vick
Weeks                  Whipper

Total--44


Printed Page 3525 . . . . . Wednesday, May 14, 2014

Those who voted in the negative are:

Allison                Ballentine             Bannister
Barfield               Bingham                Brannon
Burns                  Chumley                Clemmons
Cole                   H. A. Crawford         K. R. Crawford
Daning                 Delleney               Erickson
Felder                 Finlay                 Forrester
Gagnon                 Gambrell               Goldfinch
Hamilton               Hardwick               Harrell
Hixon                  Horne                  Huggins
Kennedy                Limehouse              Loftis
Long                   Lowe                   Lucas
Merrill                D. C. Moss             Murphy
Nanney                 Norman                 Owens
Pitts                  Pope                   Putnam
Riley                  Rivers                 Ryhal
Sandifer               G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Spires
Stringer               Tallon                 Wells
White                  Whitmire               Williams
Willis                 Wood

Total--59

So, the House refused to continue the Bill.

Rep. ALEXANDER moved to table the Bill.

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

Yeas 44; Nays 61

Those who voted in the affirmative are:

Alexander              Anderson               Anthony
Bales                  Bernstein              Bowers
Branham                G. A. Brown            R. L. Brown
Clyburn                Cobb-Hunter            Dillard
Douglas                Edge                   Funderburk
George                 Govan                  Hayes
Hodges                 Hosey                  Howard
Jefferson              King                   Knight

Printed Page 3526 . . . . . Wednesday, May 14, 2014

Mack                   McEachern              M. S. McLeod
W. J. McLeod           Mitchell               Munnerlyn
Neal                   Norman                 Norrell
R. L. Ott              Ridgeway               Robinson-Simpson
Rutherford             Sabb                   Skelton
Southard               Taylor                 Vick
Weeks                  Whipper

Total--44

Those who voted in the negative are:

Allison                Ballentine             Bannister
Barfield               Bingham                Brannon
Burns                  Chumley                Clemmons
Cole                   H. A. Crawford         K. R. Crawford
Daning                 Delleney               Erickson
Felder                 Finlay                 Forrester
Gagnon                 Gambrell               Gilliard
Goldfinch              Hamilton               Hardwick
Harrell                Hixon                  Horne
Huggins                Kennedy                Limehouse
Loftis                 Long                   Lowe
Lucas                  McCoy                  Merrill
D. C. Moss             Murphy                 Nanney
Owens                  Pitts                  Pope
Putnam                 Riley                  Rivers
Ryhal                  Sandifer               Simrill
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Spires                 Stringer
Tallon                 Wells                  White
Whitmire               Williams               Willis
Wood

Total--61

So, the House refused to table the Bill.

Rep. ALEXANDER spoke against the Bill.

Rep. K. R. CRAWFORD moved to adjourn debate on the Bill until Thursday May 15, which was agreed to.


Printed Page 3527 . . . . . Wednesday, May 14, 2014

H. 5228--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 5228 (Word version) -- Rep. Daning: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF UNITED STATES HIGHWAYS 52 AND 78 IN CHARLESTON COUNTY "WILLIAM E. 'BILL' CROSBY INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THE FOUR ENTRANCE POINTS TO THIS INTERCHANGE THAT CONTAIN THE WORDS "WILLIAM E. 'BILL' CROSBY INTERCHANGE".

The Concurrent Resolution was adopted and sent to the Senate.

S. 1272--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 1272 (Word version) -- Senators Cromer, Setzler, Courson, Massey and Shealy: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF UNITED STATES HIGHWAY 1 AND MORGAN DRIVE IN THE CITY OF LEXINGTON "ARMY SPECIALIST THOMAS DAY CAUGHMAN INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS THAT CONTAIN THIS DESIGNATION TO HONOR ARMY SPECIALIST THOMAS DAY CAUGHMAN WHO MADE THE ULTIMATE SACRIFICE IN DEFENSE OF HIS COUNTY WHILE ON PATROL IN BAGHDAD, IRAQ DURING OPERATION IRAQI FREEDOM.

The Concurrent Resolution was adopted and sent to the Senate.

MOTION PERIOD

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

S. 815--DEBATE ADJOURNED

The following Bill was taken up:

S. 815 (Word version) -- Senators L. Martin and Campsen: A BILL TO AMEND SECTION 7-11-30, SOUTH CAROLINA CODE OF LAWS, 1976, TO PROVIDE THAT A PARTY MAY CHOOSE TO CHANGE


Printed Page 3528 . . . . . Wednesday, May 14, 2014

NOMINATION OF CANDIDATES BY PRIMARY TO A CONVENTION IF THREE-FOURTHS OF THE CONVENTION MEMBERSHIP APPROVES OF THE CONVENTION NOMINATION PROCESS, AND A MAJORITY OF THE VOTERS IN THAT PARTY'S NEXT PRIMARY ELECTION APPROVES THE USE OF A CONVENTION.

Rep. HIOTT moved to adjourn debate on the Bill until Thursday, May 15, which was agreed to.

S. 839--ORDERED TO THIRD READING

The following Bill was taken up:

S. 839 (Word version) -- Senators Bryant, Bright and Davis: A BILL TO AMEND TITLE 46 OF THE 1976 CODE, RELATING TO AGRICULTURE, BY ADDING CHAPTER 55 CONCERNING INDUSTRIAL HEMP; TO PROVIDE THAT IT IS LAWFUL TO GROW INDUSTRIAL HEMP IN THIS STATE; TO CLARIFY THAT INDUSTRIAL HEMP IS EXCLUDED FROM THE DEFINITION OF MARIJUANA; TO PROHIBIT GROWING INDUSTRIAL HEMP AND MARIJUANA ON THE SAME PROPERTY OR OTHERWISE GROWING MARIJUANA IN CLOSE PROXIMITY TO INDUSTRIAL HEMP TO DISGUISE THE MARIJUANA GROWTH; AND TO DEFINE NECESSARY TERMS.

Rep. HODGES explained the Bill.

Rep. G. R. SMITH moved to adjourn debate on the Bill.

Rep. V. S. MOSS moved to table the motion.

Rep. G. R. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 76; Nays 25

Those who voted in the affirmative are:

Alexander              Anderson               Bales
Bannister              Bernstein              Bowers
Branham                Brannon                G. A. Brown
R. L. Brown            Clemmons               Clyburn
Cobb-Hunter            K. R. Crawford         Crosby

Printed Page 3529 . . . . . Wednesday, May 14, 2014

Daning                 Delleney               Douglas
Edge                   Erickson               Finlay
Funderburk             Gagnon                 George
Gilliard               Goldfinch              Hardwick
Harrell                Hayes                  Herbkersman
Hiott                  Hixon                  Hodges
Horne                  Hosey                  Howard
Huggins                Jefferson              King
Knight                 Limehouse              Loftis
Lucas                  Mack                   McCoy
McEachern              M. S. McLeod           W. J. McLeod
Merrill                Mitchell               D. C. Moss
V. S. Moss             Munnerlyn              Murphy
Neal                   Norrell                R. L. Ott
Pope                   Ridgeway               Robinson-Simpson
Rutherford             Ryhal                  Sabb
Simrill                Skelton                G. M. Smith
J. E. Smith            Sottile                Southard
Spires                 Stavrinakis            Taylor
Thayer                 Wells                  Whipper
Williams

Total--76

Those who voted in the negative are:

Allison                Ballentine             Barfield
Burns                  Chumley                Cole
Forrester              Gambrell               Hamilton
Kennedy                Lowe                   Nanney
Pitts                  Putnam                 Riley
Rivers                 Sandifer               G. R. Smith
J. R. Smith            Stringer               Tallon
White                  Whitmire               Willis
Wood

Total--25

So, the motion to adjourn debate was tabled.

Rep. G. R. SMITH moved that the House do now adjourn, which was not agreed to.


Printed Page 3530 . . . . . Wednesday, May 14, 2014

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 72; Nays 28

Those who voted in the affirmative are:

Alexander              Anderson               Bales
Bannister              Bernstein              Bowers
Branham                G. A. Brown            R. L. Brown
Clyburn                Cobb-Hunter            Cole
K. R. Crawford         Crosby                 Daning
Delleney               Dillard                Douglas
Edge                   Erickson               Funderburk
Gagnon                 George                 Goldfinch
Hardwick               Harrell                Hayes
Herbkersman            Hiott                  Hixon
Hodges                 Horne                  Hosey
Jefferson              King                   Knight
Limehouse              Long                   Lucas
Mack                   McCoy                  McEachern
M. S. McLeod           Merrill                Mitchell
D. C. Moss             V. S. Moss             Munnerlyn
Murphy                 Neal                   Norrell
R. L. Ott              Pitts                  Pope
Ridgeway               Robinson-Simpson       Rutherford
Ryhal                  Sabb                   Simrill
Skelton                G. M. Smith            J. E. Smith
Sottile                Southard               Spires
Stavrinakis            Taylor                 Thayer
Wells                  Whipper                Williams

Total--72

Those who voted in the negative are:

Allison                Ballentine             Barfield
Brannon                Burns                  Chumley
Clemmons               H. A. Crawford         Felder
Forrester              Gambrell               Hamilton
Huggins                Kennedy                Loftis
Lowe                   Nanney                 Putnam
Quinn                  Riley                  Rivers

Printed Page 3531 . . . . . Wednesday, May 14, 2014

G. R. Smith            J. R. Smith            Stringer
Tallon                 White                  Willis
Wood

Total--28

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

S. 986--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 986 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 50-1-90 OF THE 1976 CODE, RELATING TO HUNTING, FISHING, OR TRAPPING WITHOUT CONSENT ON THE LAND OF OTHERS, TO INCREASE THE PENALTIES FOR THESE OFFENSES.

Rep. STAVRINAKIS proposed the following Amendment No. 1 to S. 986 (COUNCIL\BH\986C001.BH.DG14), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/   SECTION   ___.   Section 56-7-10 of the 1976 Code, as last amended by Act 68 of 2005, is further amended to read:

"Section 56-7-10.   (A)   There will be a uniform traffic ticket used by all law enforcement officers in arrests for traffic offenses and for the following additional offenses:

Offense                     Citation
Interfering with Police Officer Serving

Process                               Section 16-5-50
Dumping Trash on Highway/Private Property   Section 16-11-700
Indecent Exposure                         Section 16-15-130
Disorderly Conduct                       Section 16-17-530
Damaging Highway                       Section 57-7-10
Place Glass, Nails, Etc. on Highway           Section 57-7-20
Obstruction of Highway by Railroad Cars,

Etc.                                   Section 57-7-240
Signs Permitted on Interstate                 Section 57-25-140
Brown Bagging                           Section 61-5-20
Drinking Liquors in Public Conveyance       Section 61-13-360
Poles Dragging on Highway                 Section 57-7-80
Open Container                           Section 61-9-87


Printed Page 3532 . . . . . Wednesday, May 14, 2014

Purchase or Possession of Beer or

Wine by a Person Under Age               Section 63-19-2440
Purchase or Possession of Alcoholic

Liquor by a Person Under Age

Twenty-One                           Section 63-19-2450
Unlawful Possession and Consumption

of Alcoholic Liquors                     Section 61-5-30
Sale of Beer or Wine on Which Tax Has

Not Been Paid                           Section 61-9-20
Falsification of Age to Purchase Beer

or Wine                               Section 61-9-50
Unlawful Purchase of Beer or Wine for

a Person Who Cannot Legally Buy         Section 61-9-60
Unlawful Sale or Purchase of Beer or Wine,

Giving False Information as to Age, Buying

Beer or Wine Unlawfully for Another       Section 61-9-85
Employment of a Person Under the Age

of Twenty-One as an Employee in

Retail or Wholesale or Manufacturing

Liquor Business                         Section 61-13-340
Failure to Remove Doors from

Abandoned Refrigerators                 Section 16-3-1010
Malicious Injury to Animals or Personal

Property                               Section 16-11-510
Timber, Logs, or Lumber Cutting, Removing,

Transporting Without Permission, Valued

at Less Than Fifty Dollars                 Section 16-11-580
Littering                                 Section 16-11-700
Larceny of a Bicycle Valued at Less Than

One Hundred Dollars                   Section 16-13-80
Cock Fighting                             Section 16-17-650
Ticket Scalping                           Section 16-17-710
Glue Sniffing                             Section 44-53-1110
Trespassing                               Section 16-11-755
Trespassing                               Section 16-11-600
Trespassing                               Section 16-11-610
Trespassing                               Section 16-11-620
Negligent Operation of Watercraft;

Operation of Watercraft While Under

Influence of Alcohol or Drugs             Section 50-21-110
Negligence of Boat Livery to Provide


Printed Page 3533 . . . . . Wednesday, May 14, 2014

Proper Equipment and Registration         Section 50-21-120
Interference with Aids to Navigation

or Regulatory Markers or Operation of

Watercraft in Prohibited Area             Section 50-21-170
Operation of Watercraft Without a

Certificate of Title                       Section 50-23-190
Parking on private property without

permission                             Section 16-11-760
Certificate of Veterinary Inspection;

Requirement for Out-of-State Livestock

or Poultry                             Section 47-4-60
Inhibition of Livestock Inspection             Section 47-4-120
Imported Swine                           Section 47-6-50
Operating Equine Sales Facility or

Livestock Market Without Permit           Section 47-11-20
Liability of Person Removing Livestock

for Slaughter                           Section 47-11-120
Notice to Disinfect                         Section 47-13-310
Quarantine of Livestock or Poultry           Section 47-4-70
Unlawful for Horse to Enter State Unless

Tested                                 Section 47-13-1350
Quarantine of Exposed Horses               Section 47-13-1360
Proof of Test Required for Public

Assembly of Horses                     Section 47-13-1370
False Certificates                         Section 47-13-1390
Unlawful to Feed Garbage to Swine           Section 47-15-20
Notification Required from Certain

Persons Disposing of Garbage             Section 47-15-40
Sale of Uninspected Meat and Meat Products   Section 47-17-60
Sale of Uninspected Poultry and Poultry

Products                               Section 47-19-70

(B)   No other ticket may be used for these offenses. The service of the uniform traffic ticket shall vest all traffic, recorders', and magistrates' courts with jurisdiction to hear and to dispose of the charge for which the ticket was issued and served. This ticket will be designed by the department and approved by the Attorney General within thirty days of submission by the department. A law enforcement agency may utilize computers and other electronic devices to issue uniform traffic citations and store information resulting from the issuance of a traffic citation if this method of issuing a citation has been approved by the Department of Public Safety.


Printed Page 3534 . . . . . Wednesday, May 14, 2014

(C)   Incident to a plea negotiation or agreement, a law enforcement officer or other person authorized by law to prosecute an offense for which a uniform traffic ticket is issued may invalidate the ticket and reissue a uniform traffic ticket for another offense." /
Renumber sections to conform.
Amend title to conform.

Rep. STAVRINAKIS explained the amendment.

Rep. HIOTT moved to table the amendment.

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

Yeas 15; Nays 80

Those who voted in the affirmative are:

Clemmons               Felder                 Forrester
Goldfinch              Hardwick               Hiott
Hixon                  Lucas                  V. S. Moss
Nanney                 Pitts                  Southard
Spires                 Taylor                 Wells

Total--15

Those who voted in the negative are:

Allison                Anderson               Bales
Ballentine             Bannister              Barfield
Bernstein              Bowers                 Brannon
G. A. Brown            R. L. Brown            Burns
Clyburn                Cobb-Hunter            Cole
K. R. Crawford         Crosby                 Daning
Delleney               Dillard                Douglas
Edge                   Erickson               Funderburk
Gagnon                 Gambrell               George
Hamilton               Harrell                Hayes
Hosey                  Howard                 Huggins
Jefferson              King                   Knight
Limehouse              Loftis                 Long
Lowe                   Mack                   McCoy
McEachern              M. S. McLeod           W. J. McLeod
Merrill                Mitchell               D. C. Moss

Printed Page 3535 . . . . . Wednesday, May 14, 2014

Munnerlyn              Murphy                 Neal
Norrell                R. L. Ott              Parks
Pope                   Putnam                 Ridgeway
Riley                  Rivers                 Robinson-Simpson
Rutherford             Ryhal                  Sabb
Sandifer               Simrill                G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Sottile                Stavrinakis            Stringer
Tallon                 Thayer                 Whipper
White                  Whitmire               Williams
Willis                 Wood

Total--80

So, the House refused to table the amendment.

POINT OF ORDER

Rep. HIOTT raised the Point of Order that under Rule 9.3 Amendment No. 1 to S. 986 was out of order in that it was not germane to the Bill.
Rep. STAVRINAKIS spoke against the Point.
SPEAKER HARRELL sustained the Point of Order and stated that the Bill deals with trespassing offenses but Amendment No. 1 deals with the type of tickets to be used by law enforcement officers in traffic cases. He sustained the point and ruled the amendment out of order.

Reps. LUCAS and HIOTT proposed the following Amendment No. 2 to S. 986 (COUNCIL\NL\986C001.NL.SD14), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/   SECTION   __.   Title 15 of the 1976 Code is amended by adding:

"CHAPTER 82
Limitation on Liability of Land Possessors to Trespassers
Trespasser Responsibility Act

Section 15-82-10.   (A)   As used in this section, the terms:

(1)   'Possessor of land' means the possessor of any fee, reversionary, or easement interest in real property, including an owner, lessee, or other lawful occupant;

(2)   'Trespasser' means a person who enters or remains on the land of another without permission or without legal privilege.


Printed Page 3536 . . . . . Wednesday, May 14, 2014

(B)   A possessor of land owes no duty to a trespasser except to refrain from causing a wilful or wanton injury.

(C)   Notwithstanding subsection (B), a possessor of land is subject to liability for physical harm to children trespassing thereon caused by an artificial condition upon the land if:

(1)   the place where the condition exists is one upon which the possessor knows or has reason to know that children are likely to trespass;

(2)   the condition is one of which the possessor knows or has reason to know and which he realizes or should realize will involve an unreasonable risk of death or serious bodily harm to such children;

(3)   the children because of their youth do not discover the condition or realize the risk involved in intermeddling with it or in coming within the area made dangerous by it;

(4)   the utility to the possessor of maintaining the condition and the burden of eliminating the danger are slight as compared with the risk to children involved; and

(5)   the possessor fails to exercise reasonable care to eliminate the danger or otherwise to protect the children.

(D)   This chapter does not affect any immunities from or defenses to civil liability established by another section of the South Carolina Code of Laws or available at common law to which a possessor of land may be entitled." /
Renumber sections to conform.
Amend title to conform.

Rep. LUCAS explained 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 102; Nays 0

Those who voted in the affirmative are:

Allison                Anderson               Bales
Ballentine             Bannister              Barfield
Bernstein              Bowers                 Branham
Brannon                G. A. Brown            R. L. Brown
Burns                  Chumley                Clemmons
Clyburn                Cobb-Hunter            Cole

Printed Page 3537 . . . . . Wednesday, May 14, 2014

H. A. Crawford         K. R. Crawford         Crosby
Daning                 Delleney               Dillard
Douglas                Edge                   Erickson
Felder                 Finlay                 Forrester
Funderburk             Gagnon                 Gambrell
George                 Goldfinch              Hamilton
Hardwick               Harrell                Hayes
Hiott                  Hixon                  Hodges
Hosey                  Howard                 Huggins
Jefferson              Kennedy                King
Knight                 Limehouse              Loftis
Long                   Lowe                   Lucas
Mack                   McCoy                  McEachern
M. S. McLeod           Merrill                Mitchell
D. C. Moss             V. S. Moss             Munnerlyn
Nanney                 Neal                   Norman
Norrell                R. L. Ott              Owens
Parks                  Pitts                  Pope
Putnam                 Quinn                  Ridgeway
Riley                  Rivers                 Robinson-Simpson
Rutherford             Ryhal                  Sabb
Sandifer               Simrill                Skelton
G. M. Smith            G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Southard
Spires                 Stavrinakis            Stringer
Taylor                 Thayer                 Wells
Whipper                White                  Whitmire
Williams               Willis                 Wood

Total--102

Those who voted in the negative are:

Total--0

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

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


Printed Page 3538 . . . . . Wednesday, May 14, 2014

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5207 (Word version) -- Rep. Bannister: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF AUGUSTA STREET IN THE CITY OF GREENVILLE FROM ITS INTERSECTION WITH MAULDIN ROAD TO ITS INTERSECTION WITH SOUTH CHURCH STREET "DAVID H. WILKINS BOULEVARD" AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY INDICATING THIS DESIGNATION IN RECOGNITION OF FORMER SPEAKER OF THE HOUSE OF REPRESENTATIVES AND UNITED STATES AMBASSADOR TO CANADA DAVID H. WILKINS' YEARS OF HARD WORK AND SERVICE TO HIS COMMUNITY, STATE, AND COUNTRY.

H. 5246 (Word version) -- Reps. H. A. Crawford, Hardwick, 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, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, 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, Norrell, R. L. Ott, Owens, Parks, Patrick, Pitts, Pope, 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 CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR KAYLA ASHLEY MAXWELL, SIXTH GRADE MATH TEACHER AT FORESTBROOK MIDDLE SCHOOL, AND TO CONGRATULATE HER UPON BEING NAMED THE 2014-2015 HORRY COUNTY TEACHER OF THE YEAR.


Printed Page 3539 . . . . . Wednesday, May 14, 2014

ADJOURNMENT

At 12:31 p.m. the House, in accordance with the motion of Rep. RIDGEWAY, adjourned in memory of William Kirby "W. K." Harrington of Manning, to meet at 10:00 a.m. tomorrow.

***

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