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120th Session, 2013-2014 Journal of the House of Representatives
(Statewide Session)
The House assembled at 10:00 a.m.
Our thought for today is from Psalm 5:3: "O Lord, in the morning you hear my voice." Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER. After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. BERNSTEIN moved that when the House adjourns, it adjourn in memory of Shepard Roy "Shep" Cutler of Columbia, which was agreed to.
The following was introduced: H. 5027 (Word version) -- Reps. G. M. Smith, Weeks, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Norrell, R. L. Ott, Owens, Parks, Patrick, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE WILSON HALL FOOTBALL TEAM ON ITS IMPRESSIVE WIN OF THE 2013 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE CHAMPIONSHIP TITLE. The Resolution was adopted.
The following was introduced: H. 5029 (Word version) -- Rep. Funderburk: A CONCURRENT RESOLUTION TO CONGRATULATE JACK BRANTLEY OF KERSHAW COUNTY ON RECEIVING THE NATIONAL SOCIETY DAR COMMUNITY SERVICE AWARD, PRESENTED BY THE HOBKIRK HILL CHAPTER OF THE DAUGHTERS OF THE AMERICAN REVOLUTION. The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following: S. 1183 (Word version) -- Senator Sheheen: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND CAMDEN HIGH SCHOOL FOR ITS OUTSTANDING WORK IN EDUCATING STUDENTS AND TO CONGRATULATE THE ADMINISTRATION, FACULTY, STAFF, STUDENTS, AND PARENTS FOR BEING HONORED AS A 2014 PALMETTO'S FINEST AWARD WINNER. The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5026 (Word version) -- Reps. Neal, Anderson, Robinson-Simpson, King, M. S. McLeod, Cobb-Hunter, Dillard and Norrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "HEALTH ENTERPRISE ZONE ACT" BY ADDING CHAPTER 140 TO TITLE 44 SO AS TO AUTHORIZE THE ESTABLISHMENT OF HEALTH ENTERPRISE ZONES IN CERTAIN AREAS OF THE STATE BASED ON DOCUMENTED HEALTH DISPARITIES AND POOR HEALTH OUTCOMES AND SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO ESTABLISH CRITERIA FOR CONSIDERATION AND AWARD OF THE DESIGNATION; TO PROVIDE FOR CERTAIN TAX CREDITS AND LOAN REPAYMENT ASSISTANCE FOR HEALTH ENTERPRISE ZONE PRACTITIONERS WHO PRACTICE IN HEALTH ENTERPRISE ZONES AND WHO HIRE CERTAIN STAFF; TO ESTABLISH REQUIREMENTS ADDRESSING SUBMISSION OF INFORMATION TO THE DEPARTMENT OF REVENUE CONCERNING APPLICATIONS FOR TAX CREDITS; TO LIMIT THE TOTAL TAX CREDITS AVAILABLE TO FOUR MILLION DOLLARS ANNUALLY DIVIDED EQUALLY BETWEEN AVAILABLE TAX CREDITS; TO PROVIDE FOR GRANTS TO ORGANIZATIONS RECEIVING THE DESIGNATION AS A HEALTH ENTERPRISE ZONE AND TO HEALTH ENTERPRISE ZONE PRACTITIONERS; TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS; AND TO REQUIRE THE DEPARTMENT TO SUBMIT REPORTS TO THE GOVERNOR AND GENERAL ASSEMBLY; AND BY ADDING SECTION 12-6-3775 SO AS TO REFERENCE THE AVAILABILITY OF CERTAIN TAX CREDITS AVAILABLE PURSUANT TO CHAPTER 140, TITLE 44.
H. 5028 (Word version) -- Rep. R. L. Brown: A BILL TO AMEND SECTION 11-43-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "ELIGIBLE COST" FOR PURPOSES OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK, SO AS TO ALLOW COMPENSATION TO LANDOWNERS WHOSE PROPERTY VALUE DECREASES DUE TO A RIGHT OF WAY ACQUISITION UNDER CERTAIN CIRCUMSTANCES, INCLUDING THE LOCATION OF THE PROPERTY AND LOCAL GOVERNMENT APPROVAL; AND TO AMEND SECTION 28-11-40, RELATING TO CONTRACTS BETWEEN GOVERNMENTAL AGENCIES REGARDING EMINENT DOMAIN, SO AS TO PROVIDE THAT ANY SUCH CONTRACT MUST INCLUDE ANY APPLICABLE PROVISIONS REGARDING COMPENSATION TO LANDOWNERS.
The roll call of the House of Representatives was taken resulting as follows: Alexander Allison Anderson Anthony Bales Bannister Bedingfield Bernstein Bingham Bowen Branham Brannon G. A. Brown R. L. Brown Burns Clemmons Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Dillard Douglas Erickson Felder Finlay Forrester Funderburk Gagnon George Gilliard Goldfinch Hamilton Hardee Hardwick Harrell Hayes Henderson Hiott Hixon Hodges Hosey Howard Jefferson King Knight Limehouse Loftis Long Lucas Merrill D. C. Moss V. S. Moss Nanney Newton Norman R. L. Ott Owens Parks Patrick Pitts Pope Putnam Ridgeway Riley Rivers Robinson-Simpson Sabb Sellers Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Thayer Toole Weeks Wells Whipper White Whitmire Williams Willis Wood
I came in after the roll call and was present for the Session on Wednesday, April 2. Todd Atwater Nathan Ballentine Liston Barfield William Bowers Bill Chumley William Clyburn Tracy Edge Jerry Govan Chris Hart William G. Herbkersman Chip Huggins Ralph Kennedy David Mack Peter McCoy, Jr. Joe McEachern Mia S. McLeod Walton J. McLeod Harold Mitchell Elizabeth Munnerlyn Chris Murphy Joseph Neal Mandy Powers Norrell Richard "Rick" Quinn Todd Rutherford Mike Ryhal W. E. "Bill" Sandifer James E. Smith William "Bill" Taylor Ted Vick
The SPEAKER granted Rep. GAMBRELL a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. LOWE a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. BARFIELD a temporary leave of absence.
Announcement was made that Dr. Robert R. Morgan of Greenville, was the Doctor of the Day for the General Assembly.
Rep. BURNS and STRINGER presented to the House the Blue Ridge High School Corps of Cadets Marching Band, the 2013 South Carolina Class AAA State Champions, their coaches, and other school officials.
In accordance with House Rule 5.2 below:
Bill Number: H. 4386 (Word version)
Bill Number: H. 4527 (Word version)
Bill Number: H. 4803 (Word version)
Bill Number: H. 4977 (Word version)
Bill Number: H. 4607 (Word version)
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification: S. 798 (Word version) -- Senators Malloy and Williams: A BILL TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF MARLBORO COUNTY, SO AS TO REVISE THE MANNER IN WHICH CANDIDATES FOR ELECTION TO THE SCHOOL BOARD ARE DEEMED TO BE ELECTED, TO PROVIDE THE COUNTY SCHOOL BOARD MAY DETERMINE SALARIES AND ALLOWANCES OF BOARD MEMBERS AND APPROVE LOCAL TAX FUNDS NEEDED FOR THESE SALARIES AND ALLOWANCES, AND TO DELETE PROVISIONS REQUIRING THE BOARD MEMBERS TO RECEIVE A PER DIEM AND THE CHAIRMAN TO RECEIVE ADDITIONAL COMPENSATION.
The following Bill was taken up: H. 5024 (Word version) -- Rep. Sellers: A BILL TO ALLOW THE BOARD OF TRUSTEES OF DENMARK-OLAR SCHOOL DISTRICT NO. 2 TO IMPOSE A CAPITAL MILLAGE TO PROVIDE SCHOOL BUILDINGS IN THE DISTRICT, INCLUDING ANY ASSOCIATED LEASE PAYMENTS, AND TO MAKE FINDINGS THAT ILLUSTRATE THE UNIQUE ISSUES FACING THE DISTRICT. Rep. SELLERS explained the Bill. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Alexander Allison Anthony Bales Bowen Bowers Branham G. A. Brown Clemmons K. R. Crawford Crosby Delleney Dillard Douglas Erickson Felder Finlay Funderburk Gagnon George Hardwick Hayes Herbkersman Hodges Horne Howard Huggins Kennedy King Knight Limehouse Loftis Lucas McCoy McEachern D. C. Moss V. S. Moss Munnerlyn Nanney Norman R. L. Ott Parks Patrick Pitts Pope Ridgeway Robinson-Simpson Ryhal Sandifer Sellers Simrill Skelton J. E. Smith Sottile Southard Spires Vick Weeks White Willis Wood
Those who voted in the negative are: Bedingfield Newton
So, the Bill was read the second time and ordered to third reading.
I was temporarily out of the Chamber, attending the Fallen Firefighter Ceremony at the S. C. Fire Academy and missed the vote on H. 5024. If I had been present, I would have voted in favor of the Bill. Rep. Kevin Hardee
The following Bill was taken up, read the third time, and ordered sent to the Senate: H. 4452 (Word version) -- Rep. Finlay: A BILL TO AMEND SECTION 8-13-1348, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CAMPAIGN FUNDS AND REQUIREMENTS PERTAINING TO AUTHORIZED USE, SO AS TO REVISE REQUIREMENTS REGARDING THE PAYMENT OR REIMBURSEMENT OF TRAVEL, LODGING, AND FOOD AND BEVERAGE EXPENSES, REQUIREMENTS REGARDING CAMPAIGN COMMUNICATION OR OFFICE EQUIPMENT, AND REQUIREMENTS REGARDING CAMPAIGN OR OFFICE STAFF.
The following Bill was taken up: H. 4455 (Word version) -- Rep. Finlay: A BILL TO AMEND SECTION 8-13-1312, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN BANK ACCOUNTS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CANDIDATE OR CAMPAIGN EXPENSES MUST BE PAID. Rep. FINLAY spoke in favor of the Bill. The Bill was read the third time and ordered sent to the Senate.
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 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. Reps. CLEMMONS, J. E. SMITH, HIXON, WELLS, TAYLOR, HIOTT, SKELTON, ALLISON, HARDWICK, SPIRES, KENNEDY, J. R. SMITH, ANDERSON, GILLIARD, NEAL, WILLIAMS, MCEACHERN, BRANNON, K. R. CRAWFORD, WOOD, RYHAL and V. S. MOSS requested debate on the Bill.
The following Bill was taken up: H. 4803 (Word version) -- Reps. Horne, Erickson, Gilliard, Whipper, D. C. Moss, McCoy, K. R. Crawford, Weeks, Cobb-Hunter and Knight: A BILL TO AMEND ARTICLE 4, CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH ACT OF 1980, SO AS 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 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, TO PROVIDE CRIMINAL AND CIVIL IMMUNITY FROM STATE ACTIONS OR SUITS ARISING FROM THE PROPER IMPLEMENTATION OF THIS ACT, 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 H. 4803 (COUNCIL\MS\4803C001.MS.AHB14): (1) all species or variety of the marijuana plant and all parts thereof whether growing or not; (2) the seeds of the marijuana plant; (3) the resin extracted from any part of the marijuana plant;
(4) every compound, manufacture, salt, derivative, mixture, or preparation of the marijuana plant, marijuana seeds, or marijuana resin. (1) the mature stalks of the marijuana plant or fibers produced from these stalks; (2) oil or cake made from the seeds of the marijuana plant; (3) any other compound, manufacture, salt, derivatives, mixture, or preparation of the mature stalks (except the resin extracted therefrom); (4) the sterilized seed of the marijuana plant which is incapable of germination;
(5) 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."
Julian's Law Section 44-53-1810. As used in this article: (1) 'Academic Medical Center' means a research hospital that operates a medical residency program for physicians and conducts research that involves human subjects. (2) 'Approved source' means a provider approved by the federal Food and Drug Administration which produces cannabidiol that: (a) has been manufactured and tested in a facility approved or certified by the federal Food and Drug Administration or similar national regulatory agency in another country, which has been approved by the federal Food and Drug Administration; and (b) has been tested in animals to demonstrate preliminary effectiveness and to ensure that it is safe to administer to humans. (3) 'Cannabidiol' means a finished preparation containing, of its total cannabinoid content, at least ninety-eight percent cannabidiol and no more than three-tenths of one percent tetrahydrocannabinol that has been extracted from marijuana or synthesized in a laboratory. (4) 'Physician' means a doctor of medicine or doctor of osteopathic medicine licensed by the South Carolina Board of Medical Examiners. (5) 'Qualifying Patient' means anyone who suffers from Lennox-Gastaut Syndrome, Dravet Syndrome, also known as severe myoclonic epilepsy of infancy, or any other form of refractory epilepsy that is not adequately treated by traditional medical therapies. Section 44-53-1820. (A) A statewide investigational new drug application may be established in this State, if approved by the federal Food and Drug Administration, to conduct expanded access clinical trials using cannabidiol on qualifying patients with severe forms of epilepsy. (B) Any physician who is board certified and practicing in an academic medical center in this State and treating patients with severe forms of epilepsy may serve as the principal investigator for the clinical trials if the physician:
(1) Applies to and is approved by the federal Food and Drug Administration as the (2) receives a license from the federal Drug Enforcement Administration. (C) a physician acting as principal investigator may include subinvestigators who are also board certified and who practice in an academic medical center in this State and treat patients with severe forms of epilepsy. Subinvestigators also shall comply with subsection (B)(2). (D) the principal investigator and all subinvestigators shall adhere to the rules and regulations established by the relevant institutional review board for each participating academic medical center and by the federal Food and Drug Administration, federal Drug Enforcement Administration, and the National Institute on Drug Abuse. Section 44-53-1830. (A) Expanded access clinical trials conducted pursuant to a statewide investigational new drug application established pursuant to this article only shall utilize cannabidiol that is: (1) from an approved source; and (2) approved by the federal Food and Drug Administration to be used for treatment of a condition specified in an investigational new drug application.
(B) The principal investigator and any subinvestigator may receive cannabidiol directly from an approved source or authorized distributor for an approved source for use in the Section 44-53-1840. (A) A person acting in compliance with the provisions of this article must not be subject to arrest, prosecution, or any civil or administrative penalty, including a civil penalty or disciplinary action by a professional licensing board, or be denied any right or privilege, for the use, prescription, administration, possession, manufacture, or distribution of medical cannabis.
(B) The State must defend a state employee against a federal claim or suit that arises or by virtue of their good faith performance of official duties pursuant to this article."
Rep. HORNE explained the amendment.
Rep. HORNE moved that the House recur to the morning hour, which was agreed to.
Rep. OWENS, from the Committee on Education and Public Works, submitted a favorable report on:
H. 4900 (Word version) -- Reps. Gilliard, Whipper, Mack, Kennedy, Stavrinakis, Murphy and Willis: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO CONDUCT A COST-BENEFIT STUDY TO DETERMINE THE FEASIBILITY OF ERECTING A PEDESTRIAN OVERPASS AT THE INTERSECTION OF THE SEPTIMA P. CLARK PARKWAY AND COMING STREET IN THE CITY OF CHARLESTON. Rep. OWENS, from the Committee on Education and Public Works, submitted a favorable report on:
H. 4499 (Word version) -- Reps. Cole, Spires, Sottile, D. C. Moss, Tallon, Allison, Rivers, Finlay, M. S. McLeod, Hardee, Norrell, Brannon, Atwater, Bowen, Weeks, V. S. Moss, Neal, Whipper, Nanney, Gilliard, Anderson, Bales, G. A. Brown, R. L. Brown, Forrester, Hamilton, Mack, Wells, Willis and Wood: A BILL TO AMEND SECTION 56-1-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO REMOVE THE ONE DOLLAR FEE CHARGED BY THE DEPARTMENT OF MOTOR VEHICLES FOR THE PLACEMENT OF A VETERAN DESIGNATION ON A DRIVER'S LICENSE. Rep. OWENS, from the Committee on Education and Public Works, submitted a favorable report on:
H. 4650 (Word version) -- Reps. Bannister, Bedingfield, Simrill, Burns and Henderson: A BILL TO AMEND SECTION 59-5-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE THE BOARD SHALL ESTABLISH BEFORE AUGUST 1, 2014, A PROFICIENCY-BASED SYSTEM AS AN ALTERNATIVE TO TRADITIONAL SEAT-TIME REQUIREMENTS FOR CHILDREN NOT EXEMPT FROM COMPULSORY SCHOOL ATTENDANCE REQUIREMENTS, TO PROVIDE THE SYSTEM MUST BE OPTIONAL FOR SCHOOL DISTRICTS, AND TO DEFINE NECESSARY TERMS; AND TO AMEND SECTION 59-65-90, RELATING TO RULES AND REGULATIONS CONCERNING STUDENT ATTENDANCE REQUIREMENTS, SO AS TO MAKE A CONFORMING CHANGE.
The following was introduced: H. 5030 (Word version) -- Reps. Erickson, M. S. McLeod, Spires, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, 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, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO RECOGNIZE THAT ABUSE AND NEGLECT OF CHILDREN IS A SIGNIFICANT PROBLEM AND TO DECLARE TUESDAY, APRIL 29, 2014, AS "CHILDREN'S ADVOCACY DAY" IN SOUTH CAROLINA. The Resolution was adopted.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5031 (Word version) -- Reps. Dillard, Robinson-Simpson, G. R. Smith, Burns, Bannister, Bedingfield, Hamilton, Loftis, Nanney and Stringer: A BILL TO AMEND SECTION 5-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF NOMINATING CANDIDATES IN MUNICIPAL ELECTIONS, SO AS TO PROVIDE THAT BEFORE A MUNICIPALITY MAY ADOPT AN ORDINANCE CHANGING THE METHOD OF NOMINATING CANDIDATES, THE MUNICIPALITY MUST ADOPT AN ORDINANCE REQUIRING AN ADVISORY REFERENDUM ON THE PROPOSED CHANGE, AND A MAJORITY OF THE QUALIFIED ELECTORS VOTING IN THE ADVISORY REFERENDUM MUST APPROVE THE PROPOSED CHANGE.
Debate was resumed on the following Bill, the pending question being the consideration of amendments: H. 4803 (Word version) -- Reps. Horne, Erickson, Gilliard, Whipper, D. C. Moss, McCoy, K. R. Crawford, Weeks, Cobb-Hunter and Knight: A BILL TO AMEND ARTICLE 4, CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH ACT OF 1980, SO AS 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 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, TO PROVIDE CRIMINAL AND CIVIL IMMUNITY FROM STATE ACTIONS OR SUITS ARISING FROM THE PROPER IMPLEMENTATION OF THIS ACT, 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 H. 4803 (COUNCIL\MS\4803C001.MS.AHB14), which was adopted: (1) all species or variety of the marijuana plant and all parts thereof whether growing or not; (2) the seeds of the marijuana plant; (3) the resin extracted from any part of the marijuana plant;
(4) every compound, manufacture, salt, derivative, mixture, or preparation of the marijuana plant, marijuana seeds, or marijuana resin. (1) the mature stalks of the marijuana plant or fibers produced from these stalks; (2) oil or cake made from the seeds of the marijuana plant; (3) any other compound, manufacture, salt, derivatives, mixture, or preparation of the mature stalks (except the resin extracted therefrom); (4) the sterilized seed of the marijuana plant which is incapable of germination;
(5) 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."
Julian's Law Section 44-53-1810. As used in this article: (1) 'Academic Medical Center' means a research hospital that operates a medical residency program for physicians and conducts research that involves human subjects. (2) 'Approved source' means a provider approved by the federal Food and Drug Administration which produces cannabidiol that: (a) has been manufactured and tested in a facility approved or certified by the federal Food and Drug Administration or similar national regulatory agency in another country, which has been approved by the federal Food and Drug Administration; and (b) has been tested in animals to demonstrate preliminary effectiveness and to ensure that it is safe to administer to humans. (3) 'Cannabidiol' means a finished preparation containing, of its total cannabinoid content, at least ninety-eight percent cannabidiol and no more than three-tenths of one percent tetrahydrocannabinol that has been extracted from marijuana or synthesized in a laboratory. (4) 'Physician' means a doctor of medicine or doctor of osteopathic medicine licensed by the South Carolina Board of Medical Examiners. (5) 'Qualifying Patient' means anyone who suffers from Lennox-Gastaut Syndrome, Dravet Syndrome, also known as severe myoclonic epilepsy of infancy, or any other form of refractory epilepsy that is not adequately treated by traditional medical therapies. Section 44-53-1820. (A) A statewide investigational new drug application may be established in this State, if approved by the federal Food and Drug Administration, to conduct expanded access clinical trials using cannabidiol on qualifying patients with severe forms of epilepsy. (B) Any physician who is board certified and practicing in an academic medical center in this State and treating patients with severe forms of epilepsy may serve as the principal investigator for the clinical trials if the physician:
(1) Applies to and is approved by the federal Food and Drug Administration as the (2) receives a license from the federal Drug Enforcement Administration. (C) a physician acting as principal investigator may include subinvestigators who are also board certified and who practice in an academic medical center in this State and treat patients with severe forms of epilepsy. Subinvestigators also shall comply with subsection (B)(2). (D) the principal investigator and all subinvestigators shall adhere to the rules and regulations established by the relevant institutional review board for each participating academic medical center and by the federal Food and Drug Administration, federal Drug Enforcement Administration, and the National Institute on Drug Abuse. Section 44-53-1830. (A) Expanded access clinical trials conducted pursuant to a statewide investigational new drug application established pursuant to this article only shall utilize cannabidiol that is: (1) from an approved source; and (2) approved by the federal Food and Drug Administration to be used for treatment of a condition specified in an investigational new drug application.
(B) The principal investigator and any subinvestigator may receive cannabidiol directly from an approved source or authorized distributor for an approved source for use in the Section 44-53-1840. (A) A person acting in compliance with the provisions of this article must not be subject to arrest, prosecution, or any civil or administrative penalty, including a civil penalty or disciplinary action by a professional licensing board, or be denied any right or privilege, for the use, prescription, administration, possession, manufacture, or distribution of medical cannabis.
(B) The State must defend a state employee against a federal claim or suit that arises or by virtue of their good faith performance of official duties pursuant to this article." The amendment was then adopted.
Rep. HORNE proposed the following Amendment No. 2 to H. 4803 (COUNCIL\MS\4803C002.MS.AHB14), which was adopted: "'Marijuana' means: (1) all species or variety of the marijuana plant and all parts thereof whether growing or not; (2) the seeds of the marijuana plant; (3) the resin extracted from any part of the marijuana plant; (4) every compound, manufacture, salt, derivative, mixture, or preparation of the marijuana plant, marijuana seeds, or marijuana resin. 'Marijuana' does not mean: (1) the mature stalks of the marijuana plant or fibers produced from these stalks; (2) oil or cake made from the seeds of the marijuana plant, including cannabidiol derived from the seeds of the marijuana plant; (3) 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) the sterilized seed of the marijuana plant which is incapable of germination; (5) 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; (6) 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 three-tenths of one percent or less of tetrahydrocannabinol and more than fifteen percent of cannabidiol. (a) 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.
(b) 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." /
Rep. HORNE explained the amendment.
Rep. RUTHERFORD proposed the following Amendment No. 3 to H. 4803 (COUNCIL\NBD\4803C002.NBD.VR14), which was tabled:
Put Patients First Act Section 44-53-1710. This article may be cited as the 'Put Patients First Act'. Section 44-53-1720. For purposes of this article: (1) 'Bona fide physician-patient relationship' means: (a) a physician and patient treatment or counseling relationship, in the course of which the physician has completed a full assessment of the patient's medical history and current medical condition, including an appropriate personal physical examination; (b) physician consultation with a patient with respect to the patient's debilitating medical condition before the patient applies for a registry identification card; and (c) physician availability to provide follow-up care and treatment to the patient including, but not limited to, patient examination to determine the efficacy of the use of medical marijuana as a treatment of the patient's debilitating medical condition. (2) 'Criminal record' means all information documenting an individual's contact with the criminal justice system, including data regarding identification, arrest, citation, arraignment, conviction, judicial disposition, custody, and supervision. (3) 'Debilitating medical condition' means: (a) cancer, glaucoma, positive status for human immunodeficiency virus, and acquired immune deficiency syndrome, or treatment for these conditions; (b) a chronic or debilitating disease or medical condition, or treatment of that disease or medical condition, that results in one or more of the following symptoms, and for which, in the professional opinion of that patient's physician, the use of medical marijuana would alleviate one or more of the symptoms: (i) cachexia; (ii) severe pain; (iii) severe nausea; (iv) seizures, including those that are characteristic of epilepsy; or (v) persistent muscle spasms, including those characteristic of multiple sclerosis; and (c) another disease or medical condition, or treatment of that disease or medical condition, determined by the department to be a debilitating medical condition pursuant to department regulation or department approval of a petition submitted by a patient or a patient's physician. (4) 'Department' means the Department of Health and Environmental Control. (5) 'Dispensary' means an entity registered pursuant to Section 44-53-2040. (6) 'Enclosed secured facility' means a closet, room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by a registered patient, registered caregiver, or an employee or agent of a dispensary, as applicable. (7) 'Engage in the medical use of marijuana' means the acquisition, possession, production, cultivation, use, transfer, or transportation of marijuana or paraphernalia relating to the administration of marijuana to alleviate the symptoms and side effects of a registered patient's debilitating medical condition, which is in compliance with all the limitations and restrictions of this article. (8) 'Managing the well-being of a registered patient' means performing tasks to assist a registered patient with activities of daily living, provided the assistance is not limited only to helping a patient to engage in the medical use of marijuana. (9) Marijuana has the same meaning as defined in Section 44-53-110. (10) 'Medical verification' means documentation required by the department provided by a physician to a patient in the course of a bona fide physician-patient relationship for the patient's submission to the department with an application for a registry identification card, which supports the physician's opinion that the patient has a debilitating medical condition with symptoms or side effects that might be alleviated by the medical use of marijuana and that reasonable medical efforts have been made over a reasonable amount of time without success to relieve the symptoms or side-effects. (11) Paraphernalia has the same meaning as defined in Section 44-53-10. (12) 'Parent' means: (a) a custodial mother or father of a patient under the age of eighteen years; or (b) a person with legal custody of a patient under the age of eighteen years; or (c) a person who is the legal guardian of a patient under the age of eighteen years. (13) 'Patient' means a person who qualifies as a person with a debilitating medical condition. (14) 'Physician' means a physician who is licensed in good standing to practice medicine in this State pursuant to Chapter 47, Title 40. (15) 'Registered caregiver' means a person, other than a registered patient or a registered patient's physician, who is eighteen years or older and who has been issued a registry identification card by the department, identifying the person as someone who has agreed to undertake responsibility for managing the well-being of a registered patient including, but not limited to, by assisting the registered patient with the medical use of marijuana. (16) 'Registered patient' means a person who has been issued a registry identification card by the department identifying the person as having a debilitating medical condition who is entitled to engage in the medical use of marijuana. (17) 'Registry identification card' means the nontransferable confidential registry identification card issued by the department to a patient or caregiver that identifies the patient as authorized to engage in the medical use of marijuana or a caregiver as authorized to help a particular registered patient engage in the medical use of marijuana. Section 44-53-1730. (A) A registered patient may engage in the medical use of marijuana in a quantity that is medically necessary to address a debilitating medical condition, provided the quantity does not exceed the limits provided for in subsection (B). (B) A registered patient's medical use of marijuana is lawful within the following limits: (1) up to two ounces of a usable form of marijuana; and (2) up to six marijuana plants, with three or fewer being mature, flowering plants that are producing a usable form of marijuana. (C) Registered patients and registered caregivers may: (1) cultivate or otherwise produce marijuana only in an enclosed, locked facility; and (2) may acquire marijuana only from registered dispensaries or from one another. Section 44-53-1740. In the case of medical use of marijuana in excess of the amounts allowed pursuant to Section 44-53-1730, a registered patient or registered caregiver may raise as an affirmative defense to charges of violation of this article, or violation of another provision of law relating to the regulation of marijuana, that the quantity of marijuana used in excess of those limitations is medically necessary to alleviate the symptoms or side effects of the patient's debilitating medical condition and may submit a medical verification provided to the patient by the physician pursuant to Section 44-53-1820 as proof that the quantity is medically necessary. Section 44-53-1750. (A) A registered patient or registered caregiver must not: (1) engage in the medical use of marijuana in a way that endangers the health or well-being of another person; (2) engage in the medical use of marijuana in plain view of the public or in a public place; or (3) possess medical marijuana or otherwise engage in the use of medical marijuana in or on the grounds of a public or private school or childcare facility or in a school bus. (B) A registered patient must not: (1) undertake a task while under the influence of marijuana pursuant to this article when doing so would constitute negligence or professional malpractice; or (2) operate, navigate, or otherwise be in actual physical control of a vehicle, aircraft, or motorboat while under the influence of marijuana pursuant to this article. Section 44-53-1760. In addition to other penalties provided in this article and other applicable laws of the State, the department shall revoke for a period of one year the registry identification card of a registered patient or registered caregiver found to have wilfully violated a provision of this article. Section 44-53-1770. A patient under eighteen years of age must not engage in the medical use of marijuana unless: (1) two physicians have diagnosed the patient as having a debilitating medical condition with symptoms or side effects that might be alleviated by the medical use of marijuana; (2) reasonable medical efforts have been made over a reasonable period of time without success to relieve the symptoms or side effects; (3) one of the physicians referred to in this section has explained the possible risks and benefits of medical use of marijuana to the patient and the patient's parents who reside in the State; (4) the physician referred to in item (3) has provided the patient and the patient's parents who reside in the State with the medical verification required pursuant to Section 44-53-1820; (5) the patient's parents who reside in the State consent in writing to the patient's medical use of marijuana; (6) a parent of the patient who resides in the State: (a) consents in writing to serve as the patient's registered caregiver; and (b) submits to the department: (i) an application for the patient's registry identification card; (ii) an application to serve as the registered caregiver of the patient; (iii) the written consents required by this section; (iv) the medical verification from the patient's physician required by this section; and (v) any other information required by the department; (7) the department approves the patient's and parent's applications to qualify as a registered patient and registered caregiver, respectively, and provides both registry identification cards to the parent designated as the registered caregiver; (8) the registered patient and registered caregiver collectively possess quantities of marijuana no greater than those specified in Section 44-53-1730 or 44-53-1740 at any given time; and (9) the registered caregiver controls the acquisition of the marijuana and the dosage and frequency of its use by the registered patient. Section 44-53-1780. The department shall create and maintain a confidential registry of patients who have applied for a registry identification card authorizing the medical use of marijuana pursuant to this article. Section 44-53-1790. (A) No person is permitted to gain access to information about patients or caregivers maintained in the department's confidential registry or received by the department as part of an application for a registry identification card, or information otherwise maintained by the department about applicants, except for authorized department employees in the course of performing official duties related to this article and authorized officials of state or local law enforcement agencies who have detained or arrested a person who claims to be engaged in the medical use of marijuana. (B) A state or local law enforcement official's right to access the information contained within the department's confidential registry and other information referenced in subsection (A) is limited to the purpose of verifying that an individual who has presented a registry identification card or documentation serving as the functional equivalent is lawfully in possession of the card or its functional equivalent. (C) Information maintained in the confidential registry is considered protected health information that must not be released in accordance with state and federal confidentiality statutes including, but not limited to, the Health Insurance Portability and Accountability Act, as amended. (D) Information maintained in the confidential registry is not public information subject to access under the state's Freedom of Information Act. Section 44-53-1800. (A)(1) A patient who fraudulently represents a medical condition to a physician, the department, or a state or local law enforcement official for the purpose of falsely obtaining a patient registry identification card from the department pursuant to this article, or for the purpose of avoiding arrest and prosecution for a marijuana-related offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both. (2) A caregiver who fraudulently represents the nature of the assistance provided to a registered patient with regard to the registered patient's activities of daily living to obtain a caregiver registry identification card from the department pursuant to this article, or for the purpose of avoiding arrest and prosecution for a marijuana-related offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both. (3) If a department employee or a state or local law enforcement official receives information that reasonably causes the employee or official to believe that a fraudulent representation as described in item (1) or (2) has occurred, the employee or official shall report the information to the department director and the county solicitor or Attorney General. (B) The fraudulent use or theft of a registered patient's or registered caregiver's registry identification card is a misdemeanor, punishable up to five hundred dollars or six months in prison, or both. (C) The fraudulent production or counterfeiting of, or tampering with, a registered patient's or registered caregiver's registry identification card is a misdemeanor, punishable up to five hundred dollars or six months in prison, or both. (D) A person including, but not limited to, an employee of the department or a state or local law enforcement agency official, who releases or makes public information contained in the confidential registry without the written authorization of the registered patient or registered caregiver, or as otherwise allowed by law, is guilty a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both. (E) Registered patients and registered caregivers not in possession of their registry identification card issued by the department when engaged in the medical use of marijuana are guilty of a misdemeanor, and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both. Section 44-53-1810. (A) In order to be placed on the confidential registry for the medical use of marijuana, a patient must be a resident of the State and submit an application and other information as required by the department. (B) The application must require the patient to provide, at a minimum: (1) the name, address, date of birth, and social security number of the patient; (2) the name, address, and telephone number of the patient's physician providing a medical verification; (3) the medical verification, required pursuant to Section 44-53-1820; (4) the name, address, and phone number of the patient's registered caregiver, if one is designated at the time of application; (5) an acknowledgement for the patient to sign that sets forth: (a) the penalties for providing false information; (b) definitions of: (i) 'bona fide physician-patient relationship', as defined in Section 44-53-1720; (ii) 'debilitating medical condition', as defined in Section 44-53-1720; (iii) 'engage in the medical use of marijuana', as defined in Section 44-53-1720; and (iv) 'managing the well-being of a patient', as defined in Section 44-53-1720. (C) The department may charge a patient a reasonable fee for processing an application. Section 44-53-1820. The department shall develop a medical verification form to be completed by a physician and submitted by a patient applying for a registry identification card. The form must include: (1) the physician's name, address, phone number, and medical license number; (2) an acknowledgement to be signed by the physician that sets forth: (a) the penalties for providing false information, including the department's right to notify the medical board or other similar authority established pursuant to Chapter 47, Title 40; and (b) definitions of: (i) 'bona fide physician-patient relationship', as defined in Section 44-53-1720; (ii) 'debilitating medical condition', as defined in Section 44-53-1720; and (iii) 'physician', as defined in Section 44-53-1720; and (3) an affidavit for the physician to sign with the following provisions: (a) the physician and patient have a bona fide physician-patient relationship; (b) the patient has a debilitating medical condition, identifying the patient's disease or medical condition, and that the symptoms or side-effects might benefit from the medical use of marijuana; and (c) reasonable medical efforts have been made over a reasonable period of time without success to relieve the symptoms or side-effects of the debilitating medical condition. Section 44-53-1830. (A) The department shall approve or deny the application for patient registration submitted pursuant to Section 44-53-1810 in writing within thirty days from receipt of a completed application and processing fee. If the application is approved, the department shall issue the applicant a registration card which includes: (1) the registered patient's name, address, date of birth, and photograph; (2) a unique alphanumeric identifier for department and law enforcement verification purposes; and (3) the date of issuance and expiration of the registry identification card. (B) The department shall deny and notify the patient of the denial of the application for a registry identification card if: (1) the information required pursuant to Section 44-53-1810 has not been provided or has been falsified; (2) the medical verification provided pursuant to Section 44-53-1820 fails to state there is a bona fida physician-patient relationship, that the patient has a debilitating medical condition that might benefit from the use of marijuana, and that the physician has made reasonable medical efforts over a reasonable period of time without success to relieve the symptoms or side-effects of the debilitating condition; or (3) the physician is not licensed to practice medicine in the State, or the physician's medical verification contains false information or has been falsified. Section 44-53-1840. (A) An application is considered approved if the department fails to issue a registry identification card or fails to issue written notice of denial of an application within thirty-five days of receipt of an application. The department's date of receipt of an application is the date on which the application is hand-delivered to the department or the date on which the application is placed in the mail. (B) A patient who has applied for but who has not received a registry identification card in accordance with Section 44-53-1830 and who is questioned by a state or local law enforcement official about the use of marijuana may provide a copy of the application submitted to the department, including the required medical verification, and proof of the date of mailing or delivery to the department, which has the same legal effect as a registry identification card, until the patient receives the registry identification card or notice of denial of application. Section 44-53-1850. (A) A patient whose application for a registry identification card has been denied by the department may not reapply during the six months following the date of the denial. (B) The denial of a registry identification card is a final department decision and may be contested only in accordance with the Administrative Procedures Act. Only the patient whose application is denied has standing to contest the department decision. (C) A registry card is effective only for one year. To maintain an effective registry identification card, a registered patient annually shall submit to the department, at least thirty days prior to the expiration date stated on the card: (1) an updated medical verification from the patient's physician; (2) changes to the registered patient's name or address, if any; (3) the name and address of the patient's registered caregiver, if one has been designated; and (4) other information required by the department. Section 44-53-1860. (A) When there is a change in the name or address of the registered patient or the name or address of the patient's registered caregiver, the registered patient shall provide the updated information to the department within ten days. (B) A registered patient who has not designated a registered caregiver at the time of submitting an application to the department may designate one during the period of the registry identification card's effectiveness by submitting to the department the name and address of the registered caregiver. A person designated as the registered caregiver may act in that capacity only after the patient sends written notification to the department of the designation. Section 44-53-1870. (A) In order to be placed on the confidential registry as a registered caregiver, a caregiver must be a resident of the State and submit an application and other information as required by the department. (B) The application must require the caregiver to provide, at a minimum: (1) the name, address, date of birth, and social security number of the caregiver; (2) the name, address, and telephone number of the registered patient; (3) a signed consent to undergo a criminal background check; (4) a signed consent to undergo checks of the Department of Social Services registry for the abuse or neglect of a vulnerable adult and the Central Registry of Child Abuse and Neglect; (5) an acknowledgement signed by the caregiver that sets forth: (a) the penalties for providing false information; (b) definitions of: (i) 'registered caregiver', as defined in Section 44-53-1720; (ii) 'engage in the medical use of marijuana', as defined in Section 44-53-1720; (iii) 'managing the well-being of a registered patient', as defined in Section 44-53-1720; and (c) an affidavit signed by the caregiver stating that the caregiver: (i) manages the well-being of the registered patient, identifying the assistance provided by the caregiver; and (ii) serves as the caregiver only for the registered patient identified on the application. (C) The department may require payment of a reasonable fee for processing an application. Section 44-53-1880. (A) Subject to subsection (B), the department shall approve or deny the application for caregiver registration submitted pursuant to Section 44-53-1870 in writing within thirty days from receipt of a completed application and processing fee. If the application is approved, the department shall issue the caregiver a registration card which includes: (1) the registered caregiver's name, address, date birth, and photograph; (2) a unique alphanumeric identifier for department and law enforcement verification purposes; (3) the name and address of the registered caregiver's registered patient; and (4) the date of issuance and expiration of the registry identification card. (B) Prior to approving a caregiver's application, the department shall verify that the caregiver: (1) is serving as the registered caregiver for only one registered patient; (2) has not been convicted of, or pled guilty or nolo contendere to, a drug-related crime; and (3) is not listed on the Department of Social Services registry for the abuse or neglect of a vulnerable adult or a child or on the Central Registry of Child Abuse and Neglect. (C) The department shall deny and notify the caregiver of the denial of the application for a registry identification card if: (1) the information required pursuant to Section 44-53-1870 has not been provided or has been falsified; or (2) the caregiver has been convicted of, or pled guilty or nolo contendere to, a drug-related crime or the caregiver's name appears on the Department of Social Services registry for the abuse or neglect of a vulnerable adult or a child or on the Central Registry of Child Abuse and Neglect. (D) If the department denies an application because the applicant has a criminal record history for a drug-related crime or has been entered into the Department of Social Services registry for the abuse or neglect of a vulnerable adult or a child or on the Central Registry of Child Abuse and Neglect, the department shall provide a copy of the record to the applicant who has the right to provide information that reflects the record is not accurate. Section 44-53-1890. (A) An application submitted pursuant to Section 44-53-1870 is considered approved if the department fails to issue a registry identification card or fails to issue written notice of denial of an application within thirty-five days of receipt of an application. The department's date of receipt of an application is the date on which the application is hand-delivered to the department or the date on which the application is placed in the mail. (B) A caregiver who has applied for, but who has not received a registry identification card, in accordance with Section 44-53-1880, and who is questioned by a state or local law enforcement official about the use of marijuana may provide a copy of the application submitted to the department and proof of the date of mailing or delivery to the department, which has the same legal effect as a registry identification card, until the caregiver receives the registry identification card or notice of denial of application. Section 44-53-1900. (A) A caregiver whose application for a registry identification card has been denied by the department may not reapply during the six months following the date of the denial. (B) The denial of a registry identification card is a final department decision and may be contested only in accordance with the Administrative Procedures Act. Only the caregiver whose application is denied has standing to contest the department decision. (C) A registry card is effective only for one year. To maintain an effective registry identification card, a registered caregiver annually shall submit to the department, at least thirty days prior to the expiration date stated on the card: (1) changes to the registered caregiver's name or address, if any; (2) the name and address of the caregiver's registered patient; and (3) other information required by the department. Section 44-53-1910. (A) A registered patient or registered caregiver charged by a state or local law enforcement official with a violation of Chapter 53, Title 44, or another provision of law related to the use of marijuana, has an affirmative defense to arrest and prosecution if: (1) the patient was previously diagnosed by a physician as having a debilitating medical condition; (2) the patient was advised by a physician, in the context of a bona fide physician-patient relationship, that the patient might benefit from the medical use of marijuana to alleviate a debilitating medical condition; (3) the patient and caregiver have a valid registration card issued by the department; and (4) the patient and the caregiver collectively were in possession of quantities of marijuana only as permitted pursuant to Sections 44-53-1730 and 44-53-1740. (B) An affirmative defense available to a registered patient or registered caregiver pursuant to this article is in addition to, and not in lieu of, any other legal defense available to that patient or caregiver. Section 44-53-1920. Notwithstanding another provision of law, a physician is not subject to arrest or prosecution, or civil or criminal penalties, in a court of law in this State or subject to discipline by a professional licensing board for: (1) providing a patient with a medical verification stating that the patient has a debilitating medical condition and might benefit from the medical use of marijuana, provided the opinion is based upon the physician's contemporaneous assessment of the patient's medical history and current medical condition as part of a bona fide physician-patient relationship; or (2) advising a patient about the risks and benefits of the medical use of marijuana, including advice as to whether the patient might benefit from the medical use of marijuana, provided the physician has diagnosed the patient as having a debilitating medical condition in the context of the physician's contemporaneous assessment of the patient's medical history and current medical condition as part of a bona fide physician-patient relationship. Section 44-53-1930. A physician must not be denied the rights or privileges for the acts authorized by this article. Section 44-53-1940. No person including, but not limited to, registered patients and registered caregivers, is entitled to the protections provided pursuant to this article for acquisition, possession, production, cultivation, use, transfer, or transportation of marijuana or paraphernalia relating to the administration of marijuana for a use other than a medical use. Section 44-53-1950. (A) State and local law enforcement officials must not harm, neglect, injure, or destroy an individual's interest in or right to property that is possessed, owned, or used in connection with the medical use of marijuana, or acts incidental to the medical use of marijuana, while the property is in the possession of the state or local law enforcement official as a result of a seizure of property in connection with the claimed medical use of marijuana. (B) A person does not forfeit a right or interest in property seized in connection with the medical use of marijuana by a state or local law enforcement official under a provision of state law providing for the forfeiture of property, unless the forfeiture is part of a sentence imposed on the person as a result of conviction of a criminal violation or entry of a plea of guilty or nolo contendere relating to a violation of this article. (C) State and local law enforcement officials immediately shall return marijuana and marijuana paraphernalia seized from a registered patient or registered caregiver in connection with the claimed medical use of marijuana upon a legal determination that the registered patient or registered caregiver is entitled to a protection contained in this article including, but not limited to, a decision not to prosecute, the dismissal of charges, or an acquittal. Section 44-53-1960. (A) A person must not be denied custody of, or visitation or parenting time with, a child for conduct allowed by this article. (B) There is no presumption of child abuse, neglect, or other endangerment of a child for conduct allowed by this article. Section 44-53-1970. A school or landlord is prohibited from refusing to enroll or lease to and may not otherwise penalize a registered patient or registered caregiver solely for the person's status as registered to engage in the medical use of marijuana, unless failing to do so would violate federal law or regulations or cause the school or landlord to lose a monetary or licensing-related benefit under federal law or regulations. Section 44-53-1980. For the purposes of medical care, including organ transplants, a registered qualifying patient's use of marijuana pursuant to Section 44-53-1730 or 44-53-1740 is considered the equivalent of the authorized use of other medication used at the discretion of a physician and does not constitute the use of an illicit substance or otherwise disqualify a qualifying patient from needed medical care. Section 44-53-1990. (A) Except as provided in subsection (B) an employer is prohibited from discriminating against: (1) a registered patient or registered caregiver in the hiring, termination, or establishment of a term or condition of employment, if the discrimination is based solely on the person's status as registered to engage in the medical use of marijuana; or (2) a registered patient with a positive drug test for marijuana components or metabolites, unless the patient used, possessed, or was impaired by marijuana on the premises of the place of employment or during the hours of employment. (B) Subsection (A) does not apply if compliance with the subsection results in the violation of federal law or regulations. Section 44-53-2000. Possession of or application for a registry identification card does not constitute probable cause or reasonable suspicion, nor may it be used to support a search of the person or property of the person possessing or applying for the registry identification card, or otherwise subject the person or property of the person to inspection by any governmental agency. Section 44-53-2010. (A) The department may operate dispensaries in accordance with Section 44-53-2080 and shall develop and facilitate processes to register and issue dispensary certificates to privately owned dispensaries. (B) A city or county may enact reasonable ordinances regulating the establishment and operation of dispensaries. Section 44-53-2020. (A) In order to register as a dispensary, the prospective dispensary must be located in the State and submit an application and other information as required by the department. (B) The application must require the prospective dispensary to provide, at a minimum: (1) the legal name of the prospective dispensary; (2) the physical address of the prospective dispensary, which must not be within one thousand feet of a public or private school or childcare facility existing before the date of the dispensary's application; (3) the name and date of birth of each principal officer and board member of the prospective dispensary; (4) the name and date of birth of each additional agent of the prospective dispensary; (5) a fee in an amount to be determined by the department; and (6) any additional information requested by the department. (C) For purposes of this article, a resident of the State who owns agricultural property taxed pursuant to Section 12-43-220(D) may register as a dispensary by complying with the provisions of this section. Section 44-53-2030. The department shall approve or deny the application for a certificate to operate a dispensary submitted pursuant to Section 44-53-2020 in writing within sixty days from receipt of a completed application and processing fee. The application must be approved as long as: (1) the information required pursuant to Section 44-53-2020 is complete and accurate; (2) none of the principal officers or board members of the prospective dispensary has served as a principal officer or board member for a dispensary that has had its registration certificate revoked; (3) none of the principal officers or board members of the prospective dispensary is under twenty-one years of age; (4) the prospective dispensary has never had a certificate that has been revoked; (5) the prospective dispensary complies with department regulations that address the operation of dispensaries within a certain proximity of each other and within a certain geographical area, which take into account, at a minimum, population density and demonstrated need; and (6) if the city or county where the prospective dispensary would be located has enacted zoning restrictions, the prospective dispensary has provided a sworn statement certifying that the prospective dispensary is in compliance with the restrictions of the city or county. Section 44-53-2040. If the application is approved, the department shall issue the applicant a dispensary certificate within sixty-five days of submitting the application that includes: (1) the dispensary's name, address, and phone number; (2) the name, address, and phone number of a principal officer or board member of the dispensary to serve as a contact for the department; (3) a unique alphanumeric identifier for department and law enforcement verification purposes; and (4) the date of issuance and expiration of the certificate. Section 44-53-2050. (A) A dispensary certificate is valid for two years. The dispensary shall submit an application for renewal of its certificate in accordance with department regulations no later than sixty days before expiration of the certificate. (B) The department shall issue a renewal certificate within thirty days of receipt of the prescribed renewal application, the processing fee, and other information required by the department, provided the dispensary's current certificate is not under suspension or has not been revoked. Section 44-53-2060. When competing applications are submitted to operate a dispensary within a single county, the department shall use an impartial and numerically scored competitive bidding process to determine the application or applications among those competing to approve. The department may conduct a criminal background check of the principal officers and board members of the prospective dispensary to carry out this provision. Section 44-53-2070. The department may register additional dispensaries at its discretion. Section 44-53-2080. A dispensary is authorized to: (1) possess, plant, propagate, cultivate, grow, harvest, produce, process, manufacture, compound, convert, prepare, pack, repack, and store marijuana for medical use; (2) deliver, transfer, and transport marijuana, marijuana paraphernalia, and related supplies that are for medical use and educational materials to and from other dispensaries; (3) acquire, accept, or otherwise obtain marijuana offered by a registered patient or a registered caregiver for medical use if nothing of value is transferred in return; (4) purchase or otherwise acquire marijuana for medical use from another dispensary; and (5) dispense, supply, and sell marijuana, marijuana paraphernalia, and related supplies that are for medical use and educational materials to registered patients, registered caregivers, and other dispensaries. Section 44-53-2090. A dispensary shall maintain operating documents and records on-site including, but not limited to, a valid registration certificate issued by the department, personnel records, and sales and purchasing documentation that reflect quantities of marijuana grown, processed, and distributed for medical use. The dispensary shall make the information available to the department upon request. Section 44-53-2100. A dispensary shall have written operating procedures approved by the department that address, at a minimum: (1) recordkeeping; and (2) security measures to deter and prevent the theft of marijuana and marijuana paraphernalia and the unauthorized entrance into areas containing marijuana and marijuana paraphernalia. Section 44-53-2110. Information kept or maintained by a dispensary must identify cardholders by the registry identification numbers and not contain names or other personal identifying information. Section 44-53-2120. (A) All activities authorized by Section 44-53-2080 including, but not limited to, planting, cultivating, harvesting, manufacturing, packaging, and storing of marijuana by a dispensary pursuant to this article must take place in an enclosed, secured facility at a physical address provided to the department during the registration process. (B) A dispensary must not: (1) share office space with or refer patients to a physician; or (2) allow a registered patient or other person to consume marijuana on its property. (C) A dispensary is subject to inspection by the department upon reasonable notice in order to provide: (1) consumer protection services for registered patients by means of laboratory sampling and testing for marijuana potency and contamination; (2) public information and training services, regarding: (a) safe and effective cultivation, harvesting, manufacturing, packaging, labeling, and distribution of marijuana; (b) security and inventory procedures; and (c) scientific and medical research findings related to the medical use of marijuana; and (3) other services as the department determines appropriate. Section 44-53-2130. (A) A dispensary must not employ or otherwise allow a person to work or serve as an agent for the dispensary who: (1) is under twenty-one years of age; (2) has been convicted of, or pled guilty or nolo contendere to, a drug-related offense; or (3) has a positive drug screen for the presence of marijuana components or metabolites. (B)(1) A prospective employee must consent in writing to undergo a criminal background check and drug screen as a condition of employment. (2) Employees and agents of a dispensary are subject to periodic criminal background checks and drug screens while employed or otherwise working for a dispensary. (C) A dispensary shall maintain the results of criminal background checks and drug screens as part of the employee's personnel records. Section 44-53-2140. (A) Before selling marijuana or marijuana paraphernalia to a person, a dispensary employee shall: (1) require the person to present the registration card issued pursuant to Section 44-53-1830 or 44-53-1880, as applicable; (2) confirm that the photograph on the registry card resembles the individual presenting the card; (3) verify that the registry card has not expired or been revoked; and (4) confirm in the dispensary's records, and the department's centralized database if one is operational, that the registered patient, or registered caregiver on behalf of the patient, has not acquired a quantity of marijuana that exceeds the quantity allowed pursuant to Sections 44-53-1730 and 44-53-1740. (B) A dispensary employee shall call the department if there is reason to believe that: (1) the person presenting the registry card is not the person to whom the card was issued; or (2) the card has been tampered with or otherwise altered. Section 44-53-2150. (A) A dispensary is not subject to search or inspection, except pursuant to Section 44-53-2090. (B)(1) A dispensary, and its employees and agents, are not subject to arrest, prosecution, civil or criminal penalties, or disciplinary action, as applicable, by a court or business licensing board or similar entity, for acting pursuant to and in compliance with the provisions of this article. (2) A dispensary, and its employees and agents, must not be denied a right or privilege of this article. Section 44-53-2160. (A) State and local law enforcement officials must not harm, neglect, injure, or destroy a dispensary's interest in or right to property possessed, owned, or used by the dispensary pursuant to this article while the property is in the possession of the state or local law enforcement officials as a result of a seizure of property in connection with the dispensary's operation. (B) A dispensary registered pursuant to this article does not forfeit a right or interest in property seized in connection with the operation of the dispensary by a state or local law enforcement official under a provision of state law providing for the forfeiture of property, unless the forfeiture is part of a sentence imposed on a dispensary or the dispensary's employees or agents as a result of conviction of a criminal violation or entry of a plea of guilty or nolo contendere relating to a violation of this article. (C) State and local law enforcement officials immediately shall return to a dispensary marijuana, related marijuana paraphernalia, and other property seized from the dispensary, or from its employees or agents, in connection with the dispensary's operation, upon a legal determination that the dispensary, or an employee or agent, is entitled to a protection contained in this article including, but not limited to, a decision not to prosecute, the dismissal of charges, or an acquittal. Section 44-53-2170. (A)(1) Subject to Section 44-53-2180, the department may suspend or revoke a dispensary's registration certificate for multiple negligent violations or an intentional violation of the requirements of this article or regulations promulgated pursuant to this article. (2) The department shall provide fifteen days' notice to the dispensary before suspending or revoking a certificate pursuant to this section. The notice must set forth the violations that are the basis for the suspension or revocation and other associated penalties and be sent to the dispensary's address provided on the registration certificate by certified mail, return receipt requested. (B) The department's decision to suspend or revoke a dispensary certificate pursuant to subsection (A) is a final department decision and may be contested only in accordance with the Administrative Procedures Act. Only the board members or principal officers of the dispensary whose registration certificate is being suspended or revoked have standing to contest the department decision. (C)(1) If the department suspends a registration certificate pursuant to this section, the suspension is effective no longer than six months, during which time the dispensary shall correct the concerns of the department that were the basis for the suspension. Upon correcting these concerns, the department shall remove the suspension. The dispensary may continue to cultivate and possess marijuana during a suspension, but may not dispense, transfer, or sell marijuana. (2) If the dispensary fails to correct the department's concerns within six months, the department may revoke the registration certificate or extend the suspension up to an additional ninety days by which time the dispensary shall correct the concerns or have its registration certificate revoked. (D) If the department revokes the registration certificate pursuant to this section, the dispensary is prohibited from operating in any capacity. A dispensary must not reapply for a registry certificate for one year from the date of revocation of its registration certificate. Section 44-53-2180. (A) A dispensary that intentionally sells or otherwise transfers marijuana in exchange for anything of value to a person other than a registered patient, a registered caregiver on behalf of a registered patient, or another dispensary is guilty of a felony and, upon conviction, must be fined not more than three thousand dollars or, its board members and principal officers must be imprisoned not more than two years, or both. (B) A person convicted pursuant to this section is prohibited from owning or operating a dispensary in the State. The dispensary's board members and principal officers are prohibited from serving as board members or principal officers for another dispensary. Section 44-53-2190. Marijuana and marijuana paraphernalia sold, purchased, or otherwise transferred pursuant to this article is tangible personal property whose retail sales are subject to the provisions of Chapter 36, Title 12. Section 44-53-2200. Not later than one year from the date of enactment of this article, the confidential registry created pursuant to this article must be operational and available statewide to patients and caregivers applying for registry identification cards and to prospective dispensaries applying for a certificate. Section 44-53-2210. Not later than one year from the date of enactment of this article, the department shall develop and make available to residents of this State an application and other forms required to apply to be listed on the confidential registry of registered patients and registered caregivers and to apply to operate a dispensary. Section 44-53-2220. Not later than one year from the date of enactment of this article, the department shall develop and make available to physicians of this State the medical verification form required by Section 44-53-1820 and information regarding the provisions of this article. Section 44-53-2230. The department may promulgate and enforce regulations to implement this article. Section 44-53-2240. Not later than one year from the date of enactment of this article, the department shall promulgate regulations that address at a minimum: (1) establishment and maintenance of a confidential registry of patients and caregivers who have applied for and who are issued or denied a registry identification card; (2) verification of medical information for patients submitting applications for issuance or renewal of a registry identification card; (3) communications with law enforcement officials about suspended registry identification cards when a patient is no longer diagnosed as having a debilitating medical condition or when a registry card is expired or has been fraudulently obtained or altered as prohibited by Section 44-53-1800; (4) receipt and review of applications for registration of a patient or caregiver on the confidential registry; (5) determining whether to include a disease or medical condition as a debilitating medical condition; (6) acceptable physician written documentation of a disease or medical condition to qualify as a debilitating medical condition; (7) the extent of assistance provided by a caregiver to be considered as managing the well-being of a registered patient, entitling the caregiver to serve as a registered caregiver; (8) receipt and review of applications for registration as a dispensary; (9) requirements to operate a dispensary including, but not limited to, security and record keeping; and (10) consumer protection requirements addressing, at a minimum, potency and purity of marijuana cultivated and harvested, packaging and labeling of marijuana, and transporting marijuana and marijuana paraphernalia. Section 44-53-2250. Not later than one year from the date of enactment of this article, the department shall develop the process for receipt and review of a physician's and patient's petition for inclusion of a disease or medical condition as a debilitating medical condition, as defined in Section 44-53-1720, and for, after a hearing as the department deems appropriate, approval or denial of a petition within one hundred eighty days of submission. Section 44-53-2260. No public, private, or other health insurance provider is liable for a reimbursement claim for the medical use of marijuana.
Section 44-53-2270. Nothing in this article requires an employer to accommodate the medical use of marijuana in the work place." Rep. RUTHERFORD explained the amendment. Rep. LOFTIS requested debate on the Bill. The question then recurred to the adoption of the amendment.
Rep. HORNE moved to table the amendment, which was agreed to. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Alexander Anderson Anthony Bales Bannister Bernstein Bingham Bowers Branham Brannon G. A. Brown Clyburn Cobb-Hunter Cole K. R. Crawford Daning Delleney Dillard Douglas Edge Erickson Felder Finlay Funderburk Gagnon George Gilliard Goldfinch Govan Hardwick Harrell Hart Henderson Herbkersman Hixon Hodges Horne Hosey Howard Huggins Jefferson King Knight Limehouse Long Lucas Mack McCoy McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Neal Newton Norman Norrell R. L. Ott Parks Patrick Pitts Pope Quinn Ridgeway Rivers Robinson-Simpson Rutherford Sabb Sandifer Simrill Skelton G. M. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Taylor Thayer Vick Weeks Wells Whipper White Whitmire Williams
Those who voted in the negative are: Allison Atwater Ballentine Bedingfield Burns Chumley Clemmons H. A. Crawford Forrester Hamilton Hayes Hiott Kennedy Loftis Nanney Owens Putnam Riley Ryhal G. R. Smith Southard Tallon Willis Wood
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber, attending the Fallen Firefighter Ceremony at the S. C. Fire Academy and missed the vote on H. 4803. If I had been present, I would have voted in favor of the Bill. Rep. Kevin Hardee
Rep. HORNE moved to reconsider the vote whereby the following Bill was read second time: H. 4803 (Word version) -- Reps. Horne, Erickson, Gilliard, Whipper, D. C. Moss, McCoy, K. R. Crawford, Weeks, Cobb-Hunter and Knight: A BILL TO AMEND ARTICLE 4, CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH ACT OF 1980, SO AS 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 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, TO PROVIDE CRIMINAL AND CIVIL IMMUNITY FROM STATE ACTIONS OR SUITS ARISING FROM THE PROPER IMPLEMENTATION OF THIS ACT, 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. Rep. HORNE moved to table the motion to reconsider, which was agreed to.
The following Bill was taken up: H. 4371 (Word version) -- Rep. Finlay: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-70 SO AS TO PROVIDE THAT NO PERSON IN THIS STATE, IN REGARD TO PATENT OWNERSHIP AND POTENTIAL PATENT INFRINGEMENT, MAY INTENTIONALLY INTERFERE WITH THE EXISTING CONTRACTUAL RELATIONS OF ANOTHER PERSON OR INTENTIONALLY INTERFERE WITH THE PROSPECTIVE CONTRACTUAL RELATIONS OF ANOTHER PERSON, TO PROVIDE THAT A PERSON AGGRIEVED BY ANOTHER PERSON'S INTENTIONAL INTERFERENCE WITH HIS EXISTING CONTRACTUAL RELATIONS OR WITH HIS PROSPECTIVE CONTRACTUAL RELATIONS HAS A CAUSE OF ACTION IN BOTH INSTANCES AGAINST THAT PERSON, AND TO PROVIDE FOR THE ELEMENTS OF EACH CAUSE OF ACTION AND THE DAMAGES WHICH MAY ENSUE.
The Committee on Judiciary proposed the following Amendment No. 1 to H. 4371 (COUNCIL\BBM\4371C001.BBM.HTC14), which was adopted: "Section 15-75-70. (A) No person in this State, in regard to patent ownership and potential patent infringement, may intentionally interfere with the existing contractual relations of another person or intentionally interfere with the prospective contractual relations of another person. A person aggrieved by another person's intentional interference with his existing contractual relations or with his prospective contractual relations has a cause of action in both instances against that person and is entitled to compensatory damages and injunctive relief, and additionally punitive damages as provided by law. (B) To successfully maintain a cause of action for intentional interference with existing contractual relations, it must be established that: (1) a contract existed that was subject to interference; (2) the act of interference was wilful and intentional; (3) the act itself was the person's disingenuous claim of ownership of intellectual property; (4) the intentional act was the proximate cause of the injured party's damage; and (5) actual damage or loss occurred. (C) To successfully maintain a cause of action for intentional interference with prospective contractual relations, which is a separate cause of action from that specified in subsection (B), it must be established that: (1) a valid expectancy of a business relationship existed; (2) the person committing the act of interference intentionally prevented a business relationship from occurring with the purpose of harming the injured party; and
(3) the act itself was the person's disingenuous claim of ownership of intellectual property." "Section 39-5-190. (A) For purposes of this section: (1) 'Demand letter' means a letter, email, or other communication asserting or claiming that the target has engaged in patent infringement. (2) 'Target' means a South Carolina person or entity: (a) who has received a demand letter or against whom an assertion or allegation of patent infringement has been made; (b) who has been threatened with litigation or against whom a lawsuit has been filed alleging patent infringement; or (c) whose customers have received a demand letter asserting that the person's product, service, or technology has infringed a patent. (B) It is an unlawful trade practice for a person or entity to make a bad faith assertion of patent infringement. This offense is a violation of Section 39-5-20. (C) A court may consider the following factors as evidence that a person has made a bad faith assertion of patent infringement: (1) the demand letter does not contain the following information: (a) the patent number; (b) the name and address of the patent owner or owners and assignee or assignees, if any; and (c) factual allegations concerning the specific areas in which the target's products, services, and technology infringe the patent or are covered by the claims in the patent; (2) prior to sending the demand letter, the person fails to conduct an analysis comparing the claims in the patent to the target's products, services, and technology, or the analysis was done but does not identify specific areas in which the products, services, and technology are covered by the claims in the patent; (3) the demand letter lacks the information described in item (1), the target requests the information, and the person fails to provide the information within a reasonable period of time; (4) the demand letter demands payment of a license fee or response within an unreasonably short period of time; (5) the person offers to license the patent for an amount that is not based on a reasonable estimate of the value of the license; (6) the claim or assertion of patent infringement is meritless, and the person knew, or should have known, that the claim or assertion is meritless; (7) the claim or assertion of patent infringement is deceptive; (8) the person or its subsidiaries or affiliates have previously filed or threatened to file one or more lawsuits based on the same or similar claim of patent infringement and: (a) those threats or lawsuits lacked the information described in item (1); or (b) the person attempted to enforce the claim of patent infringement in litigation and a court found the claim to be meritless; and (9) any other factor the court finds relevant. (D) A court may consider the following factors as evidence that a person has not made a bad faith assertion of patent infringement: (1) the demand letter contains the information described in subsection (C)(1); (2) where the demand letter lacks the information described in subsection (C)(1) and the target requests the information, the person provides the information within a reasonable period of time; (3) the person engages in a good faith effort to establish that the target has infringed the patent and to negotiate an appropriate remedy; (4) the person makes a substantial investment in the use of the patent or in the production or sale of a product or item covered by the patent; (5) the person is: (a) the inventor or joint inventor of the patent or, in the case of a patent filed by and awarded to an assignee of the original inventor or joint inventor, is the original assignee; or (b) an institution of higher education or a technology transfer organization owned or affiliated with an institution of higher education; (6) the person has: (a) demonstrated good faith business practices in previous efforts to enforce the patent, or a substantially similar patent; or (b) successfully enforced the patent, or a substantially similar patent, through litigation; and (7) any other factor the court finds relevant. (E) Upon motion by a target and a finding by the court that a target has established a reasonable likelihood that a person has made a bad faith assertion of patent infringement in violation of this section, the court shall require the person to post a bond in an amount equal to amounts reasonably likely to be recovered pursuant to Section 39-5-140, conditioned upon payment of any amounts finally determined to be due to the target. A hearing shall be held if either party so requests. A bond ordered pursuant to this section shall not exceed two hundred fifty thousand dollars. The court may waive the bond requirement if it finds the person has available assets equal to the amount of the proposed bond or for other good cause shown. (F)(1) The Attorney General has the same authority to act on a violation of this section as is provided in this chapter. (2) This section shall not be construed to limit rights and remedies available to the State or to any person under any other law and shall not alter or restrict the Attorney General's authority with regard to conduct involving assertions of patent infringement. (G) A target of conduct involving assertions of patent infringement, or a person aggrieved by a violation of this chapter may bring an action for relief. A court may award remedies to a target who prevails in an action brought pursuant to this chapter.
(H) A demand letter or assertion of patent infringement that includes a claim for relief arising under 35 U.S.C. Section 271(e)(2) or 42 U.S.C. Section 262 shall not be subject to the provisions of this chapter."
Rep. COLE explained the amendment. The question then recurred to the passage of the Bill. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Allison Anderson Anthony Atwater Bales Ballentine Bannister Bedingfield Bernstein Bingham Bowers Branham Brannon G. A. Brown Burns Chumley Clemmons Clyburn Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Dillard Edge Erickson Felder Finlay Forrester Funderburk Gagnon George Gilliard Goldfinch Govan Hamilton Hardwick Harrell Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Huggins Jefferson Kennedy King Knight Limehouse Long Lucas Mack McCoy McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Neal Newton Norman Patrick 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 Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper White Whitmire Williams Willis Wood
Those who voted in the negative are: Norrell
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber, attending the Fallen Firefighter Ceremony at the S. C. Fire Academy and missed the vote on H. 4371. If I had been present, I would have voted in favor of the Bill. Rep. Kevin Hardee
The following Bill was taken up: H. 4386 (Word version) -- Reps. Bowen, Gilliard, Felder, Southard, Kennedy, W. J. McLeod and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-5-3890 AND 56-5-3897 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE A COMMUNICATION DEVICE WHILE DRIVING A MOTOR VEHICLE UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE A PENALTY, AND TO PROVIDE FOR THE DISTRIBUTION OF MONIES COLLECTED FROM FINES ASSOCIATED WITH VIOLATIONS OF THIS PROVISION; TO AMEND SECTION 56-1-720, RELATING TO THE ASSESSMENT OF POINTS AGAINST A PERSON'S DRIVING RECORD FOR CERTAIN MOTOR VEHICLE VIOLATIONS, SO AS TO PROVIDE THAT POINTS MUST BE ASSESSED AGAINST THE DRIVING RECORD OF A PERSON CONVICTED OF TEXTING WHILE DRIVING; AND TO AMEND SECTION 56-5-2920, RELATING TO RECKLESS DRIVING, SO AS TO PROVIDE THAT RECKLESS DRIVING INCLUDES TEXTING WHILE DRIVING WHEN BODILY INJURY OCCURS. Reps. DANING, OWENS, HIOTT, WOOD, LOFTIS, BRANNON, FORRESTER, WEEKS, ANTHONY, SABB, RIVERS, WHITMIRE, SANDIFER, PUTNAM, GAGNON, PITTS, HART, WILLIAMS, MCEACHERN, DOUGLAS, WHIPPER, WELLS, G. R. SMITH and HAMILTON requested debate on the Bill.
The following Bill was taken up: H. 3994 (Word version) -- Reps. Patrick, Owens and Rivers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA READ TO SUCCEED ACT" BY ADDING CHAPTER 155 TO TITLE 59, TO ESTABLISH WITHIN THE DEPARTMENT OF EDUCATION THE SOUTH CAROLINA READ TO SUCCEED OFFICE TO IMPLEMENT A COMPREHENSIVE, SYSTEMIC APPROACH TO READING WITH SPECIFIC OBJECTIVES, TO PROVIDE OBLIGATIONS AND REQUIREMENTS OF THE PROGRAM, AND TO PROVIDE NECESSARY DEFINITIONS, AMONG OTHER THINGS.
The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 3994 (COUNCIL\AGM\3994C001. AGM.AB14):
South Carolina Read to Succeed Act Section 59-155-110. There is established within the Department of Education the South Carolina Read to Succeed Office to implement a comprehensive, systemic approach to reading which will ensure that: (1) classroom teachers, use evidence-based reading instruction in prekindergarten through grade twelve to include oral language, phonological awareness, phonics, fluency, vocabulary, and comprehension; administer and interpret valid and reliable assessments; analyze data to inform reading instruction; and provide evidence-based interventions as needed so that all students develop proficiency with literacy skills and comprehension; (2) classroom teachers periodically reassess their curriculum and instruction to determine if they are helping each student progress as a proficient reader and make modifications as appropriate; (3) each student who cannot yet comprehend grade-level texts identified and served as early as possible and at all stages of his or her educational process; (4) each student receives targeted, effective comprehension support from the classroom teacher and, if needed, supplemental support from a reading interventionist so that ultimately all students can comprehend grade-level texts; (5) each student and his parent or guardian is continuously informed in writing of: (a) the student's reading proficiency needs, progress, and ability to comprehend and write grade-level text; (b) specific actions the classroom teacher and other reading professionals have taken and will take to help the student comprehend and write grade-level texts; and (c) specific actions that the parent or guardian can take to help the student comprehend grade-level texts by providing access to books, assuring time for the student to read independently, reading to students, and talking with the student about books; (6) classroom teachers receive preservice and in-service coursework which prepares them to help all students comprehend grade-level text; (7) all students develop reading and writing proficiency to prepare them to graduate and to succeed in career and post-secondary education; and (8) each school district and each school develops and publishes annually a comprehensive research based reading plan that includes intervention options available to students and funding for these services. Section 59-155-120. As used in this chapter: (1) 'Department' means the State Department of Education. (2) 'Board' means the State Board of Education. (3) 'Readiness assessment' means assessments used to analyze students' literacy, mathematical, physical, social, and emotional behavioral competencies in prekindergarten or kindergarten. (4) 'Research based formative assessment' means assessments used within the school year to analyze the strengths and weaknesses in reading comprehension of students individually to adapt instruction to meet individual student needs, make decisions about appropriate intervention services, and inform placement and instructional planning for the next grade level. (5) 'Summative assessment' means state approved assessments administered in grades three through eight and any statewide assessment used in grades nine through twelve to determine student mastery of grade level or content standards. (6) 'Discipline specific literacy' means the ability to read, write, listen, and speak across various disciplines and content areas including, but not limited to, English/language arts, science, mathematics, social studies, physical education, health, the arts, and career and technology education. (7) 'Reading interventions' means individual or group assistance in the classroom and supplemental support based on curricular and instructional decisions made by classroom teachers who have proven effectiveness in teaching reading and an add-on literacy endorsement or reading/literacy coaches who meet the minimum qualifications established in guidelines published by the Department of Education. (8) 'Reading proficiency' means the ability of students to meet state reading standards in kindergarten through grade twelve, demonstrated by readiness, formative or summative assessments. (9) 'Reading proficiency skills' means the ability to understand how written language works at the word, sentence, paragraph, and text level and mastery of the skills, strategies, and oral and written language needed to comprehend grade appropriate texts. (10) 'Third grade reading proficiency' means the ability to read grade-level texts by the end of a student's third grade year as demonstrated by the results of state approved assessments administered to third grade students, or through other assessments as noted in this chapter and adopted by the board. (11) 'Substantially fails to demonstrate third-grade reading proficiency' means a student who does not demonstrate reading proficiency at the end of the third grade as indicated by scoring at the lowest achievement level on the statewide summative reading assessment that equates to Not Met 1 on the Palmetto Assessment of State Standards (PASS). (12) 'Summer reading camp' means an educational program offered in the summer by each local school district for students who are unable to comprehend grade-level text. (13) 'Reading portfolio' means an organized collection of evidence and assessments documenting that the student has demonstrated mastery of the state standards in reading equal to at least a level above the lowest achievement level on the state reading assessment. (14) 'Writing proficiency skills' means the ability to communicate information, analysis, and persuasive points of view effectively in writing. Section 59-155-130. The Read to Succeed Office must guide and support districts and collaborate with university teacher training programs to increase reading proficiency through the following functions including, but not limited to: (1) providing professional development to teachers, school principals, and other administrative staff on reading and writing instruction and reading assessment that informs instruction; (2) providing professional development to teachers, school principals, and other administrative staff on reading and writing in content areas; (3) working collaboratively with institutions of higher learning offering courses in reading and writing and those institutions of higher education offering accredited master's degrees in reading-literacy to design coursework leading to a literacy teacher add-on endorsement by the State; (4) providing professional development in reading coaching for already certified literacy coaches and literacy teachers; (5) developing information and resources that school districts can use to provide workshops for parents about how they can support their children as readers and writers; (6) assisting school districts in the development and implementation of their district reading proficiency plans for research-based reading instruction programs and to assist each of their schools to develop its own implementation plan aligned with the district and state plans; (7) annually designing content and questions for and review and approve the reading proficiency plan of each district; (8) monitor and report to the State Board of Education the yearly success rate of summer reading camps. Districts must provide statistical data to include the: (a) number of students enrolled in camps; (b) number of students by grade level who successfully complete the camps; (c) number of third-graders promoted to fourth grade; (d) number of third-graders retained; and (e) total expenditure made on operating the camps by source of funds to include in-kind donations; and (9) provide an annual report to the General Assembly regarding the implementation of the South Carolina Read to Succeed Act and the State's and districts' progress toward ensuring that ninety-five percent of all students are reading at grade level. Section 59-155-140. (A)(1) The department, with approval by the State Board of Education, will develop, implement, evaluate, and continuously refine a comprehensive state plan to improve reading achievement in public schools. The State Reading Proficiency Plan must be approved by the board by February 1, 2015, and must include, but not be limited to, sections addressing the following components: (a) reading process; (b) professional development to increase teacher reading expertise; (c) professional development to increase reading expertise and literacy leadership of principals and assistant principals; (d) reading instruction; (e) reading assessment; (f) discipline specific literacy; (g) writing proficiency skills; (h) support for struggling readers; (i) early childhood interventions; (j) family support of literacy development; (k) district guidance and support for reading proficiency; (l) state guidance and support for reading proficiency; (m) accountability; and (n) urgency to improve reading proficiency. (2) The plan must be based on reading research and proven effective practices, applied to the conditions prevailing in reading-literacy education in this State, with special emphasis on addressing instructional and institutional deficiencies that can be remedied through faithful implementation of research-based practices. The plan must provide standards, format, and guidance for districts to use to develop and annually update their plans as well as to present and explain the research based rationale for state level actions to be taken. The plan must be updated annually and must incorporate a state reading proficiency progress report. (3) The plan must include specific details and explanations for all substantial uses of state, local, and federal funds promoting reading literacy and best judgment estimates of the cost of research supported, thoroughly analyzed proposals for initiation, expansion, or modification of major funding programs addressing reading and writing. Analyses of funding requirements must be prepared by the department for incorporation into the plan. (B)(1) Beginning in Fiscal Year 2015-2016, each district must prepare a comprehensive annual reading proficiency plan for prekindergarten through twelfth grade consistent with the plan by responding to questions and presenting specific information and data in a format specified by the Read to Succeed Office. Each district's PK-12 reading proficiency plan must present the rationale and details of its blueprint for action and support at the district, school, and classroom levels. Each district should develop a comprehensive plan for supporting the progress of students as readers and writers, monitoring the impact of its plan, and using data to make improvements and to inform its plan for the subsequent years. The model district plan piloted in school districts in 2013-2014 and revised based on the input of districts will be used as the initial district reading plan template implemented in Fiscal Year 2015-2016. (2) Each district PK-12 reading proficiency plan shall: (a) document the reading and writing assessment and instruction planned for all prekindergarten through twelfth grade to be provided to all struggling readers who are not able to comprehend grade-level texts. Supplemental instruction should be provided by teachers who have a literacy teacher add-on endorsement or by reading/literacy coaches and offered during the school day and, as appropriate, before or after school in book clubs, through a summer reading camp, or both; (b) include a system for helping parents understand how they can support the student as a reader at home; (c) provide for the monitoring of reading achievement and growth at the classroom, school and district levels with decisions about intervention based on all available data. (d) ensure that students are provided with wide selections of texts over a wide range of genres and written on a wide range of reading levels to match the reading levels of students; (e) provide teacher training in reading and writing instruction; and (f) include strategically planned and developed partnerships with county libraries, state and local arts organizations, volunteers, social organizations and school media specialists to promote reading. (3)(a) The Read to Succeed Office shall develop the format for the plan and the deadline for districts to submit their plans to the office for approval. A school district that does not submit a plan or whose plan is not approved will receive no state funds for reading until it submits a plan that is approved. All district reading plans must be reviewed and approved by the Read to Succeed Office. The office will provide written comments to each district on its plan and to all districts on common issues raised in prior or newly submitted district reading plans. (b) The Read to Succeed Office will monitor the district and school plans and use their findings to inform the training and support the office provides to districts and schools. (c) The Read to Succeed Office may direct a district that is persistently unable to prepare an acceptable PK-12 reading proficiency plan or to help all students comprehend grade-level texts to enter into a multi district or contractual arrangement to develop an effective intervention plan. (C) Each school must prepare an implementation plan aligned with the plan of its district to enable the district to monitor and support implementation at the school level. The school plan should be a component of the school's strategic plan required by Section 59-18-1310. A school plan should be sufficiently detailed to provide practical guidance for classroom teachers. Proposed strategies for assessment, instruction, and other activities specified in the school plan must be sufficient to provide to classroom teachers and other instructional staff helpful guidance that can be related to the critical reading and writing needs of students in the school. In consultation with the School Improvement Council, each school must include in its plan the training and support that will be provided to parents as needed to maximize their promotion of reading and writing by students at home and in the community. Section 59-155-150. (A) The State Board of Education shall ensure that every student entering the public schools for the first time in prekindergarten and kindergarten will be administered a readiness assessment by the forty-fifth day of the school year. The assessment must assess each child's early language and literacy development, mathematical thinking, physical wellbeing, and social emotional development. The assessment may include multiple assessments, all of which must be approved by the board. The approved assessments of academic readiness must be aligned with first and second grade standards for English language arts and mathematics. The purpose of the assessment is to provide teachers and parents or guardians with information to address the readiness needs of each student, especially by identifying language, cognitive, social, emotional, and health problems, and concerning appropriate instruction and support for each child. The results of the assessments and the developmental intervention strategies recommended to address the child's identified needs must be provided, in writing, to the parent or guardian. Reading instructional strategies and developmental activities for children whose oral language skills are assessed to be below the norm for their peers in the State must be aligned with the district's reading proficiency plan for addressing the readiness needs of each student. The results of each assessment also must be reported to the Read to Succeed Office through an electronic information system. (B) Any student enrolled in prekindergarten, kindergarten, first grade, second grade, or third grade who is substantially not demonstrating proficiency in reading, based upon formal diagnostic assessments or through teacher observations, must be provided intensive in-class and supplemental reading intervention and immediately upon determination. The intensive interventions must be provided as individualized and small group assistance based on the analysis of assessment data. All sustained interventions must be aligned with the district's reading proficiency plan. These interventions must be at least thirty minutes in duration and be in addition to ninety minutes of daily reading and writing instruction provided to all students in kindergarten through grade three. The district must continue to provide intensive in class intervention and at least thirty minutes of supplemental intervention until the student can comprehend and write grade-level text independently. In addition, the parent or guardian of the student must be notified in writing of the child's inability to read grade-level texts during and at the end of the planned interventions. The results of the initial assessments and progress monitoring also must be provided to the Read to Succeed Office for individually identified students. (C) Programs that focus on early childhood literacy development in the State are required to promote: (1) parent training and support for parent involvement in developing children's literacy; and (2) development of oral language, print awareness, and emergent writing; and are encouraged to promote community literacy including, but not limited to, primary health care providers, faith based organizations, county libraries, and service organizations. (3) Districts that fail to provide reports on summer reading camps pursuant to Section 59-15-130(8) are ineligible to receive state funding for summer reading camps for the following fiscal year; however, districts must continue to operate summer reading camps as defined in this act. Section 59-155-160. (A) Beginning with the 2017-2018 school year, a student must be retained in the third grade if the student fails to demonstrate reading proficiency at the end of the third grade as indicated by scoring at the lowest achievement level on the state summative reading assessment that equates to Not Met 1 on the Palmetto Assessment of State Standards (PASS). A student may be exempt for good cause from the mandatory retention but shall continue to receive instructional support and services and reading intervention appropriate for their age and reading level. Good cause exemptions include students: (1) with limited English proficiency and less than two years of instruction in English as a Second Language program; (2) with disabilities whose individualized education plan indicates the use of alternative assessments or alternative reading interventions and students with disabilities whose individual education plan or Section 504 plan reflects that the student has received intensive remediation in reading for more than two years but still does not substantially demonstrate reading proficiency; (3) who demonstrate third grade reading proficiency on an alternative assessment approved by the board and which teachers may administer following the administration of the state assessment of reading and after a student's participation in a summer reading camp; (4) who have received two years of reading intervention and were previously retained; and (5) who through a reading portfolio document the student's mastery of the state standards in reading equal to at least a level above the lowest achievement level on the state reading assessment. Such evidence must be an organized collection of the student's mastery of the State's English/language arts standards that are assessed by the Grade Three state reading assessment. The student portfolio must meet the following criteria: (a) be selected by the student's English/language arts teacher or summer reading camp instructor; (b) be an accurate picture of the student's ability and include only student work that has been independently produced in the classroom; (c) include evidence that the benchmarks assessed by the Grade Three state reading assessment have been met. Evidence is to include multiple choice items and passages that are approximately sixty percent literary text and forty percent information text, and that are between one hundred and seven hundred words with an average of five hundred words. Such evidence could include chapter or unit tests from the district's or school's adopted core reading curriculum that are aligned with the State English/language arts standards or teacher-prepared assessments; (d) be an organized collection of evidence of the student's mastery of the English/language arts state standards that are assessed by the Grade Three state reading assessment. For each benchmark, there must be at least three examples of mastery as demonstrated by a grade of seventy percent or above; and (e) be signed by the teacher and the principal as an accurate assessment of the required reading skills. (B) The superintendent of the local school district must determine whether a student in the district may be exempt from the mandatory retention by taking all of the following steps: (1) The teacher of a student eligible for exemption must submit to the principal documentation on the proposed exemption and evidence that promotion of the student is appropriate. This evidence must be limited to the individual education program, alternative assessments or student reading portfolio. The Read to Succeed Office must provide districts with a standardized form to use in the process. (2) The principal must review the documentation and determine whether the student should be promoted. If the principal determines the student should be promoted, the principal must submit a written recommendation for promotion to the district superintendent for final determination. (3) The district superintendent's acceptance or rejection of the recommendation must be in writing and a copy must be provided to the parent or guardian of the child. (C) Students scoring at the lowest achievement level on the statewide summative reading assessment may enroll in a summer camp prior to being retained the following school year. Summer camps must be six to eight weeks long for four or five days each week and include at least four hours of instructional time daily. The camps must be taught by compensated teachers who have at least a Literacy Endorsement add-on and who have demonstrated substantial success in helping students comprehend grade-level texts. A parent or guardian of a student who does not substantially demonstrate proficiency in comprehending texts appropriate for his grade level must make the final decision regarding the student's participation in the summer camp. A district may offer summer reading camps for students who are not exhibiting reading proficiency in prekindergarten through second grade. The district may charge fees based on a sliding scale pursuant to Section 59-19-90. Students who demonstrate third grade reading proficiency through an alternative assessment or student reading portfolio after completing the summer reading camp qualify for good cause exemptions specified in Section 59-155-160 and promotion to the fourth grade. (D) Retained students must be provided intensive instructional services and supports including a minimum of ninety minutes of daily reading and writing instruction, supplemental instruction, and other strategies prescribed by the school district. These strategies may include, but are not limited to, instruction directly focused on improving the student's individual reading proficiency skills through small group instruction, reduced teacher-student ratios, more frequent student progress monitoring, tutoring or mentoring, transition classes containing students in multiple grade spans, and extended school day, week, or year reading support. The school must report to the Read to Succeed Office on the progress of students in the class at the end of the school year and at other times as required by the office based on the reading progression monitoring requirements of these students. (E) If the student is not demonstrating third-grade reading proficiency by the end of third grade, his parent or guardian must be notified in a timely manner and in writing, that the student will be retained unless exempted from mandatory retention for good cause. The parent or guardian may designate another person as an education advocate also to act on their behalf to receive notification and to assume the responsibility of promoting the reading success of the child. The written notification must include a description of the proposed reading interventions that will be provided to help the student comprehend grade-level texts. The parent, guardian, or other education advocate must receive written reports at least monthly on the student's progress towards being able to read grade-level texts based upon the student's classroom work, observations, tests, assessment, and other information. The parent, guardian, or other education advocate also must be provided with a plan for promoting reading at home, including participation in shared or guided reading workshops for the parent, guardian, or other family members. The parent or guardian of a retained student must be offered supplemental tutoring for the retained student in evidenced-based services outside the instructional day. (F) For students in grades four and above who are substantially not demonstrating reading proficiency, interventions will be provided in the classroom and supplementally by teachers with a Literacy Teacher add-on endorsement or reading/literacy coaches. This supplemental support will be provided during the school day and, as appropriate, before or after school in book clubs or through a summer reading camp. Section 59-155-170. (A) To help students develop and apply their reading and writing skills across the school day in all the academic disciplines, including, but not limited to, English/language arts, mathematics, science, social studies, art, career and technology education, and physical and health education, teachers of these content areas at all grade levels must focus on helping students comprehend print and non-print texts authentic to the content area. The Read to Succeed Program is intended to institutionalize in public schools a comprehensive system to promote high achievement in the content areas described in this chapter through extensive reading and writing. Research-based practices must be employed to promote comprehension skills through, but not limited to: (1) vocabulary; (2) connotation of words; (3) connotations of words in context with adjoining or prior text; (4) concepts from prior text; (5) personal background knowledge; (6) ability to interpret meaning through sentence structure features; (7) questioning; (8) visualization; and (9) discussion of text with peers. (B) These practices must be mastered by teachers through high quality training and addressed through well-designed and effectively executed assessment and instruction implemented with fidelity to research-based instructional practices presented in the state, district, and school reading plans. All teachers, administrators, and support staff must be trained adequately in reading comprehension in order to perform effectively their roles enabling each student to become proficient in content area reading and writing. (C) During the 2014-2015 school year, the Read to Succeed Office will establish a set of essential competencies that describe what certified teachers at the early childhood, elementary, middle, or secondary levels must know and be able to do so that all students can comprehend grade-level texts. These competencies, developed collaboratively with faculty of higher education institutions and based on research and national standards, must then be incorporated into the coursework required by Section 59-155-180. The Read to Succeed Office, in collaboration with South Carolina Educational Television, shall provide professional development courses to ensure that educators have access to multiple avenues of receiving endorsements. Section 59-155-180. (A) As a student progresses through school, reading comprehension in content areas such as science, mathematics, social studies, English/language arts, career and technology education, and the arts is critical to the student's academic success. Therefore, to improve the academic success of all students in prekindergarten through twelfth grade, the State will strengthen its preservice and inservice teacher education programs. (B)(1) Beginning with students entering a teacher education program in the fall semester of the 2016-2017 school year, all pre-service teacher education programs including Master of Arts in Teaching degree programs must require all candidates seeking certification at the early childhood or elementary level to complete a twelve-credit hour sequence in literacy that includes a school-based practicum and ensures that candidates grasp the theory, research and practices that support and guide the teaching of reading. The six components of the reading process that are comprehension, oral language, phonological awareness, phonics, fluency, and vocabulary will provide the focus for this sequence to ensure that all teacher candidates are skilled in diagnosing a child's reading problems and are capable of providing effective intervention. All teacher preparation programs must be approved for licensure by the State Department of Education to ensure that all teacher education candidates possess the knowledge and skills to assist effectively all children in becoming proficient readers. The General Assembly is not mandating an increase in the number of credit hours required for teacher candidates, but is requiring that pre-service teacher education programs prioritize its mission and resources so all early and elementary education teachers have the knowledge and skills to provide effective instruction in reading and numeracy to all students. (2) Beginning with students entering a teacher education program in the fall semester of the 2016-2017 school year, all pre-service teacher education programs, including Master of Arts in Teaching degree programs, must require all candidates seeking certification at the middle or secondary level to complete a six-credit hour sequence in literacy that includes a course in the foundations of literacy and a course in content-area reading. All middle and secondary teacher preparation programs are to be approved by the Read to Succeed Office to ensure that all teacher candidates possess the necessary knowledge and skills to assist effectively all adolescents in becoming proficient readers. (C)(1) To ensure that practicing professionals possess the knowledge and skills necessary to assist all children and adolescents in becoming proficient readers, multiple pathways are needed for developing this capacity. (2)(a) Reading/literacy coaches employed in schools will serve as job-embedded, stable resources for professional development through a school to foster improving in reading instruction and student reading achievement. Beginning in 2015-2016 reading/literacy coaches are required to earn the add-on certification within six years by taking the courses as required by the department for the add-on endorsement. Reading/literacy coaches will support and provide initial and ongoing professional development to teachers based on an analysis of student assessment and the provision of differentiated instruction and intensive intervention. The reading/literacy coach will: (i) model effective instructional strategies for teachers; (ii) facilitate study groups; (iii) train teachers in data analysis and using data to differentiate instruction; coaching and mentoring colleagues; (iv) work with teachers to ensure that research-based reading programs are implemented with fidelity; and (v) help lead and support reading leadership teams. (b) The reading coach must not be assigned a regular classroom teaching assignment, must not perform administrative functions that deter from the role of improving reading instruction and reading performance of students. (3) Beginning in 2015-2016, early childhood and elementary education certified classroom teachers, reading interventionists, and special education teachers who provide learning disability and speech services to students who need to improve substantially their low reading and writing proficiency skills are required to earn the literacy teacher add-on endorsement within ten years of their most recent certification by taking at least two courses or six credit hours every five years, or the equivalent professional development hours as determined by the South Carolina Read to Succeed Office, consistent with existing recertification requirements. The courses leading to the endorsement must be approved by the State Board of Education and must include classes in foundations, assessment, content area reading and writing, instructional strategies, and an embedded or stand-alone practicum. Whenever possible, these courses must be offered at a professional development rate which is lower than the certified teacher rate. Early childhood and elementary education certified classroom teachers, reading specialists, and special education teachers who provide learning disability and speech services to students who need to improve substantially their reading and writing proficiency and who already possess their add-on reading teacher certification can take a content area reading course to obtain their literacy teacher add-on endorsement. Teachers who have earned a masters degree or doctorate degree in reading, who have earned a literacy teacher add-on endorsement, or who have completed an intensive, prolonged professional development program like Reading Recovery or another program that are approved by the State Board of Education in regulation are exempt from this requirement. (4) Beginning in 2015-2016, middle and secondary certified classroom teachers are required to take at least two courses or six credit hours, or the equivalent professional development hours as determined by the South Carolina Read to Succeed Office, to improve reading instruction within five years of their most recent certification. The courses must be approved by the State Board of Education and include courses leading to the literacy teacher add-on endorsement. Coursework in reading must include a course in reading in the content areas. Whenever possible, these courses will be offered at a professional development rate which is lower than the certified teacher rate. Only certified teachers who have earned a masters degree or doctorate degree in reading, who have earned a literacy teacher add-on endorsement, or who have completed an intensive, prolonged professional development program like Reading Recovery or another program as approved by the State Board of Education in regulation are exempt from this requirement. (5) Beginning in 2015-2016, principals and administrators who are responsible for reading instruction or intervention and school psychologists in a school district or school are required to take at least one course or three credit hours within five years of their most recent certification or the equivalent professional development hours as determined by the South Carolina Read to Succeed Office. The course or professional development must include information about reading processes, instruction, and assessment or content area literacy and must be approved by the Read to Succeed Office. (6) Beginning in 2015-2016, reading/literacy coaches are required to earn the add-on certification within six years by taking the courses as required by the department for the add-on. Section 59-155-190. Local school districts are encouraged to create family school community partnerships that focus on increasing the volume of reading, in school and at home, during the year and at home and in the community over the summer. Schools and districts should partner with county libraries, community organizations, local arts organizations, faith-based institutions, pediatric and family practice medical personnel, businesses, and other groups to provide volunteers, mentors, or tutors to assist with the provision of instructional supports, services, and books that enhance reading development and proficiency. A district shall include specific actions taken to accomplish the requirements of this section in its reading proficiency plan. Section 59-155-200. The Read to Succeed Office and each school district must plan for and act decisively to engage the families of students as full participating partners in promoting the reading and writing habits and skills of their children. With support from the Read to Succeed Office, districts and individual schools shall provide families with helpful information about how they can support this progress. This family support must include providing time for their child to read as well as reading to the child. To ensure that all families have access to a considerable number and diverse range of books appealing to their children, schools should develop plans for enhancing home libraries and for accessing books from county libraries and school libraries and to inform families about their child's ability to comprehend grade-level texts and how to interpret information about reading that is sent home. The districts and schools shall help families learn about reading and writing through home visits, open houses, South Carolina ETV, video and audio tapes, websites, and school-family events and collaborations that help link home and school. The information should enable family members to understand the reading and writing skills required for graduation and essential for success in a career.
Section 59-155-210. The board and department shall translate the statutory requirements for reading and writing specified in this act into standards, practices, and procedures for school districts, boards, and their employees and for other organizations as appropriate. In this effort they will solicit the advice of education stakeholders who have a deep understanding of reading as well as school boards, administrators, and others who play key roles in facilitating support for and implementation of effective reading instruction." Rep. PATRICK explained the amendment. Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of amendments.
The SPEAKER granted Rep. ATWATER a temporary leave of absence.
At 12:00 noon the Senate appeared in the Hall of the House. The President Pro Tempore of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses. S. 914 (Word version) -- Senators Peeler, Alexander, Hayes and McGill: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 2, 2014, AT NOON, AS THE DATE AND TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES FOR THE CITADEL, CLEMSON UNIVERSITY, COASTAL CAROLINA UNIVERSITY, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF SOUTH CAROLINA, WINTHROP UNIVERSITY, AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE ON JUNE 30, 2014, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
The President Pro Tempore of the Senate recognized Sen. Peeler, on behalf of the Screening Committee for State Colleges and Universities Boards of Trustees.
TWO AT-LARGE SEATS
The President Pro Tempore announced that nominations were in order for two at-large seats.
THREE AT-LARGE SEATS
The President Pro Tempore announced that nominations were in order for three at-large seats.
SECOND CONGRESSIONAL DISTRICT, SEAT 2
The President Pro Tempore announced that nominations were in order for the Second Congressional District, Seat 2.
The President Pro Tempore announced that nominations were in order for the Fourth Congressional District, Seat 4.
The President Pro Tempore announced that nominations were in order for the At-Large District, Seat 8.
The President Pro Tempore announced that nominations were in order for the At-Large District, Seat 10.
The President Pro Tempore announced that nominations were in order for the At-Large District, Seat 14.
FIRST CONGRESSIONAL DISTRICT, SEAT 1
The President Pro Tempore announced that nominations were in order for the First Congressional District, Seat 1.
The President Pro Tempore announced that nominations were in order for the Second Congressional District, Seat 3.
The President Pro Tempore announced that nominations were in order for the Third Congressional District, Seat 5.
The President Pro Tempore announced that nominations were in order for the Fourth Congressional District, Seat 7.
The President Pro Tempore announced that nominations were in order for the Fifth Congressional District, Seat 9.
The President Pro Tempore announced that nominations were in order for the Sixth Congressional District, Seat 11.
The President Pro Tempore announced that nominations were in order for the Seventh Congressional District, Seat 13.
The President Pro Tempore announced that nominations were in order for the At-Large District, Seat 15. The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Daniel Ravenel: Alexander Allen Bennett Bright Campbell Campsen Courson Cromer Fair Hayes Hembree Hutto Johnson Kimpson Lourie Malloy Martin, Larry Massey Matthews McElveen McGill Nicholson Peeler Pinckney Reese Scott Setzler Thurmond Turner Williams Young
The following named Senators voted in the negative: Grooms
The following named Senators voted present: Cleary Corbin Leatherman O'Dell
Rep. HIXON requested unanimous consent that the House vote by electronic roll call. The yeas and nays which were taken, resulting as follows:
The following named Representatives voted for Mr. Daniel Ravenel: Allison Ballentine Bannister Bernstein Brannon Finlay Goldfinch Henderson Horne Huggins Limehouse Mack McCoy W. J. McLeod V. S. Moss Munnerlyn Murphy Norman Ridgeway G. R. Smith J. E. Smith Sottile Taylor Wells Whipper
Those who voted in the negative for Mr. Daniel Ravenel: Anderson Anthony Atwater Bales Barfield Bedingfield Bingham Bowers Branham G. A. Brown Burns Chumley Clemmons Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Dillard Douglas Edge Forrester Gagnon George Gilliard Hamilton Hardwick Harrell Hart Hayes Herbkersman Hiott Hixon Hosey Howard Jefferson Kennedy King Knight Loftis McEachern M. S. McLeod Merrill Mitchell D. C. Moss Nanney Neal Newton Norrell R. L. Ott Owens Parks Patrick Pitts Putnam Quinn Riley Rivers Robinson-Simpson Ryhal Sabb Sandifer Simrill J. R. Smith Southard Spires Stringer Tallon Thayer Toole Vick Weeks White Whitmire Williams Willis Wood
Whereupon, the President Pro Tempore announced that Daniel Ravenel was not elected for the term prescribed by law.
The President Pro Tempore announced that nominations were in order for the At-Large District, Seat 17.
FIRST CONGRESSIONAL DISTRICT, SEAT 1
The President Pro Tempore announced that nominations were in order for the First Congressional District, Seat 1.
The President Pro Tempore announced that nominations were in order for the Fifth Congressional District, Seat 5.
The President Pro Tempore announced that nominations were in order for the Sixth Congressional District, Seat 6.
The President Pro Tempore announced that nominations were in order for the At-Large District, Seat 8.
The President Pro Tempore announced that nominations were in order for the At-Large District, Seat 10.
The President Pro Tempore announced that nominations were in order for the At-Large District, Seat 12.
The President Pro Tempore announced that nominations were in order for the At-Large District, Seat 13.
The President Pro Tempore announced that nominations were in order for the At-Large District, Seat 14.
AT-LARGE DISTRICT, SEAT 8
The President Pro Tempore announced that nominations were in order for the At-Large District, Seat 8.
The President Pro Tempore announced that nominations were in order for the At-Large District, Seat 9.
The President Pro Tempore announced that nominations were in order for the At-Large District, Seat 10.
The President Pro Tempore announced that nominations were in order for the At-Large District, Seat 11.
The President Pro Tempore announced that nominations were in order for At-Large District, Seat 12.
The President Pro Tempore announced that nominations were in order for the At-Large District, Seat 13.
The President Pro Tempore announced that nominations were in order for the At-Large District, Seat 14.
The President Pro Tempore announced that nominations were in order for the At-Large District, Seat 15.
FIRST CONGRESSIONAL DISTRICT, MEDICAL SEAT
The President Pro Tempore announced that nominations were in order for the First Congressional District, Medical Seat.
The President Pro Tempore announced that nominations were in order for the Second Congressional District, Medical Seat.
The President Pro Tempore announced that nominations were in order for the Third Congressional District, Medical Seat.
The President Pro Tempore announced that nominations were in order for the Fourth Congressional District, Lay Seat.
The President Pro Tempore announced that nominations were in order for the Fifth Congressional District, Lay Seat.
The President Pro Tempore announced that nominations were in order for the Sixth Congressional District, Medical Seat.
The President Pro Tempore announced that nominations were in order for the Seventh Congressional District, Lay Seat.
THIRD CONGRESSIONAL DISTRICT, SEAT 3
The President Pro Tempore announced that nominations were in order for the Third Congressional District, Seat 3.
The President Pro Tempore announced that nominations were in order for the At-Large District, Seat 8.
FIRST JUDICIAL CIRCUIT
The President Pro Tempore announced that nominations were in order for the First Judicial Circuit. The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Charles H. Williams: Alexander Allen Bennett Campsen Coleman Courson Cromer Hayes Jackson Johnson Kimpson Lourie Malloy Martin, Larry Matthews McElveen McGill Nicholson O'Dell Peeler Pinckney Reese Scott Setzler Thurmond Turner Williams Young
The following named Senators voted in the negative: Bright Corbin Fair Grooms
The following named Senators abstained: Hutto
Rep. HIXON requested unanimous consent that the House vote by electronic roll call. The yeas and nays were taken, resulting as follows
The following named Representatives voted for Mr. Charles H. Williams: Alexander Anderson Anthony Bales Ballentine Bannister Barfield Bernstein Bingham Bowers Branham Brannon G. A. Brown Clyburn Cobb-Hunter Cole K. R. Crawford Crosby Daning Delleney Dillard Douglas Edge Erickson Felder Finlay Funderburk Gagnon George Gilliard Goldfinch Govan Hardee Hardwick Harrell Hayes Herbkersman Hiott Hodges Horne Hosey Howard Huggins Jefferson King Knight Limehouse Lucas Mack McCoy McEachern M. S. McLeod W. J. McLeod Merrill Mitchell V. S. Moss Munnerlyn Murphy Neal Newton Norman Norrell R. L. Ott Owens Parks Patrick Pitts Pope Quinn Ridgeway Riley Rivers Robinson-Simpson Sabb Sandifer Simrill Skelton G. M. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Tallon Taylor Vick Weeks Wells Whipper Whitmire Williams
Those who voted in the negative for Mr. Charles H. Williams: Allison Bedingfield Burns Chumley Forrester Hamilton Henderson Loftis D. C. Moss Nanney Putnam G. R. Smith Stringer Thayer Toole Willis Wood
Whereupon, the President Pro Tempore announced that Charles H. Williams was duly elected for the term prescribed by law.
The President Pro Tempore announced that nominations were in order for the Third Judicial Circuit.
The following named Senators voted in the affirmative: Alexander Allen Bennett Campsen Coleman Courson Cromer Hayes Hutto Jackson Johnson Kimpson Lourie Malloy Martin, Larry Matthews McElveen McGill Nicholson O'Dell Peeler Pinckney Reese Scott Setzler Thurmond Turner Williams Young
The following named Senators voted in the negative: Bright Corbin Fair Grooms
Whereupon, the President Pro Tempore announced that C. Dorn Smith III was duly elected for the term prescribed by law.
The President Pro Tempore announced that nominations were in order for the Fifth Judicial Circuit.
The following named Senators voted in the affirmative: Alexander Allen Bennett Campsen Coleman Courson Cromer Hayes Hutto Jackson Johnson Kimpson Lourie Malloy Martin, Larry Matthews McElveen McGill Nicholson O'Dell Peeler Pinckney Reese Scott Setzler Thurmond Turner Williams Young
The following named Senators voted in the negative: Bright Corbin Fair Grooms
Whereupon, the President Pro Tempore announced that William C. Hubbard was duly elected for the term prescribed by law.
The President Pro Tempore announced that nominations were in order for the Seventh Judicial Circuit.
The following named Senators voted in the affirmative: Alexander Allen Bennett Campsen Coleman Courson Cromer Hayes Hutto Jackson Johnson Kimpson Lourie Malloy Martin, Larry Matthews McElveen McGill Nicholson O'Dell Peeler Pinckney Reese Scott Setzler Thurmond Turner Williams Young
The following named Senators voted in the negative: Bright Corbin Fair Grooms
Whereupon, the President Pro Tempore announced that Toney J. Lister was duly elected for the term prescribed by law.
The President Pro Tempore announced that nominations were in order for the Ninth Judicial Circuit.
The following named Senators voted in the affirmative: Alexander Allen Bennett Campsen Coleman Courson Cromer Hayes Hutto Jackson Johnson Kimpson Lourie Malloy Martin, Larry Matthews McElveen McGill Nicholson O'Dell Peeler Pinckney Reese Scott Setzler Thurmond Turner Williams Young
The following named Senators voted in the negative: Bright Corbin Fair Grooms
Whereupon, the President Pro Tempore announced that John C. von Lehe, Jr., was duly elected for the term prescribed by law.
The President Pro Tempore announced that nominations were in order for the Eleventh Judicial Circuit.
The following named Senators voted in the affirmative: Alexander Allen Bennett Campsen Coleman Courson Cromer Hayes Hutto Jackson Johnson Kimpson Lourie Malloy Martin, Larry Matthews McElveen McGill Nicholson O'Dell Peeler Pinckney Reese Scott Setzler Thurmond Turner Williams Young
The following named Senators voted in the negative: Bright Corbin Fair Grooms
Whereupon, the President Pro Tempore announced that Thad H. Westbrook was duly elected for the term prescribed by law.
The President Pro Tempore announced that nominations were in order for the Twelfth Judicial Circuit.
The following named Senators voted in the affirmative: Alexander Allen Bennett Campsen Coleman Courson Cromer Hayes Hutto Jackson Johnson Kimpson Lourie Malloy Martin, Larry Matthews McElveen McGill Nicholson O'Dell Peeler Pinckney Reese Scott Setzler Thurmond Turner Williams Young
The following named Senators voted in the negative: Bright Corbin Fair Grooms
Whereupon, the President Pro Tempore announced that C. Edward Floyd was duly elected for the term prescribed by law.
The President Pro Tempore announced that nominations were in order for the Thirteenth Judicial Circuit.
The following named Senators voted in the affirmative: Alexander Allen Bennett Campsen Coleman Courson Cromer Hayes Hutto Jackson Johnson Kimpson Lourie Malloy Martin, Larry Matthews McElveen McGill Nicholson O'Dell Peeler Pinckney Reese Scott Setzler Thurmond Turner Williams Young
The following named Senators voted in the negative: Bright Corbin Fair Grooms
Whereupon, the President Pro Tempore announced that Mack I. Whittle, Jr., was duly elected for the term prescribed by law.
I was unaware when the recorded vote was taken on the USC Board of Trustees, that I was voting "nay" on all USC Trustees. I would like the record to reflect that I would have voted "aye" for Mr. Mack Whittle, from the 13th Judicial Circuit, if given the opportunity.
On the vote for the University of South Carolina Board of Trustees, I would like to state for the record that I would have voted for the following candidates:
I originally voted "nay" for the slate of candidates unintentionally.
SECOND CONGRESSIONAL DISTRICT, SEAT 2
The President Pro Tempore announced that nominations were in order for the Second Congressional District, Seat 2.
The President Pro Tempore announced that nominations were in order for the Sixth Congressional District, Seat 6.
The President Pro Tempore announced that nominations were in order for the At-Large District, Seat 9.
TWO AT-LARGE SEATS
The President Pro Tempore announced that nominations were in order for the two At-Large Seats. The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called. The following named Senators voted for Mr. Robert N. Collar:
The following named Senators voted for Ms. Marilyn Edwards-Taylor: Alexander Allen Bright Campsen Cleary Coleman Corbin Cromer Fair Grooms Hayes Hutto Jackson Johnson Kimpson Lourie Malloy Martin, Larry Matthews McElveen McGill Nicholson O'Dell Peeler Pinckney Reese Scott Setzler Turner Williams Young
The following named Senators voted for Mr. Thomas Hamilton: Alexander Allen Bright Campsen Cleary Coleman Corbin Cromer Fair Grooms Hayes Hutto Jackson Johnson Kimpson Lourie Malloy Martin, Larry Matthews McElveen McGill Nicholson O'Dell Peeler Pinckney Reese Scott Setzler Turner Williams Young
Rep. HIXON requested unanimous consent that the House vote by electronic roll call. The following named Representatives voted for Mr. Robert N. Collar:
The following named Representatives voted for Ms. Marilyn Edwards-Taylor: Alexander Anderson Anthony Ballentine Bannister Barfield Bedingfield Bingham Bowers Branham Brannon G. A. Brown Chumley Clemmons Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Dillard Douglas Erickson Felder Finlay Forrester Funderburk Gagnon George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Harrell Henderson Herbkersman Hodges Hosey Huggins King Knight Limehouse Lucas Mack McCoy McEachern W. J. McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Nanney Neal Newton Norman Norrell R. L. Ott Parks Patrick Pitts Pope Putnam Quinn Ridgeway Riley Rivers Ryhal Sabb Sandifer Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper Whitmire Willis Wood
The following named Representatives voted for Mr. Thomas Hamilton: Alexander Anderson Anthony Ballentine Bannister Barfield Bedingfield Bingham Bowers Branham Brannon Chumley Clemmons Cobb-Hunter Cole H. A. Crawford Crosby Delleney Dillard Felder Finlay Forrester George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Harrell Henderson Hodges Horne Hosey Huggins Jefferson King Knight Loftis Lucas Mack McCoy McEachern W. J. McLeod D. C. Moss V. S. Moss Munnerlyn Nanney Neal Norman Norrell R. L. Ott Parks Patrick Pitts Pope Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Ryhal Sabb Sandifer Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Spires Stringer Tallon Taylor Toole Wells Whipper Whitmire Williams Willis Wood
Total number of Senators voting 31 Whereupon, the President Pro Tempore announced that Ms. Marilyn Edwards-Taylor and Mr. Thomas Hamilton were duly elected for the term prescribed by law.
The Reading Clerk of the Senate read the following Concurrent Resolution adopted by both Houses: S. 914 (Word version) -- Senators Peeler, Alexander, Hayes and McGill: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 2, 2014, AT NOON, AS THE DATE AND TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES FOR THE CITADEL, CLEMSON UNIVERSITY, COASTAL CAROLINA UNIVERSITY, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF SOUTH CAROLINA, WINTHROP UNIVERSITY, AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE ON JUNE 30, 2014, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
The President Pro Tempore announced that nominations were in order for Commissioner of the South Carolina Department of Consumer Affairs.
The purposes of the Joint Assembly having been accomplished, the President Pro Tempore announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
At 1:15 p.m. the House resumed, the SPEAKER in the Chair. Rep. SKELTON moved that the House recede until 2:45 p.m., which was agreed to.
At 2:45 p.m. the House resumed, ACTING SPEAKER WOOD in the Chair.
The question of a quorum was raised.
The SPEAKER granted Rep. LONG a leave of absence for the remainder of the day.
The SPEAKER granted Rep. BARFIELD a leave of absence for the remainder of the day.
The SPEAKER granted Rep. BERNSTEIN a temporary leave of absence.
Rep. SANDIFER asked unanimous consent to recall H. 4979 (Word version) from the Committee on Labor, Commerce and Industry.
COMMITTEE ON JUDICIARY On motion of Rep. HORNE, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs and was referred to the Committee on Judiciary: 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 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.
On motion of Rep. BURNS, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Education and Public Works: H. 4802 (Word version) -- Reps. Burns, Loftis, G. R. Smith and Willis: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT INDIVIDUAL SIGNS AT TWO MILE INTERVALS ALONG INTERSTATE HIGHWAY 385 FROM MILE MARKER 22 TO MILE MARKER 34 THAT CONTAIN THE WORDS "WORLD WAR I 1917-1918", "WORLD WAR II 1941-1945", "THE KOREAN WAR 1950-1953", "THE VIETNAM WAR 1956-1975", "SECOND PERSIAN GULF WAR 'OPERATION DESERT STORM' 1991", "AFGHANISTAN WAR OCTOBER 7, 2001 TO PRESENT", AND "THIRD PERSIAN GULF WAR MARCH 19, 2003 TO PRESENT".
The Senate Amendments to the following Bill were taken up for consideration: H. 3592 (Word version) -- Reps. Sandifer and Loftis: A BILL TO AMEND ARTICLE 8, CHAPTER 52, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "ENERGY INDEPENDENCE AND SUSTAINABLE CONSTRUCTION ACT OF 2007", SO AS TO DELETE CERTAIN DEFINITIONS, TO CHANGE CERTIFICATION STANDARDS WITH WHICH MAJOR FACILITY PROJECTS MUST COMPLY, TO ELIMINATE REFERENCE TO THE LEED AND GREEN GLOBES CERTIFICATION RATING SYSTEMS, AND TO MAKE TECHNICAL CORRECTIONS. Rep. SANDIFER explained the Senate Amendments. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Allison Anthony Bales Ballentine Bannister Bedingfield Bingham Bowen Branham G. A. Brown Burns Chumley Clemmons Clyburn Cobb-Hunter H. A. Crawford Crosby Daning Delleney Douglas Edge Felder Finlay Forrester Gagnon George Gilliard Goldfinch Hamilton Hardee Hardwick Harrell Hayes Henderson Hiott Hixon Hodges Horne Hosey Huggins Jefferson King Knight Limehouse Loftis Lucas Mack McCoy McEachern W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Newton Norman Norrell R. L. Ott Owens Parks Patrick Pitts Pope Putnam Quinn Ridgeway Riley Rivers Ryhal Sabb Sandifer Simrill Skelton G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells White Whitmire Williams Willis Wood
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Concurrent Resolution was taken up: H. 4998 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF 24TH AVENUE BETWEEN CALHOUN AND DARGAN STREETS IN THE CITY OF DILLON "RUBY WOODS CARTER ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF ROADWAY THAT CONTAIN THE WORDS "RUBY WOODS CARTER ROAD". The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up: H. 5001 (Word version) -- Reps. Erickson, Newton, Herbkersman, McCoy, Patrick, Stavrinakis and Hodges: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT APPROPRIATE MARKERS OR SIGNS AT A POINT 0.34 MILES WEST OF THE INTERSECTION OF THE JUNCTION OF UNITED STATES HIGHWAYS 17 AND 21 AND OLD SHELDON CHURCH ROAD IN BEAUFORT COUNTY ALONG UNITED STATES HIGHWAYS 17 AND 21, AND AT A POINT THREE MILES SOUTH OF THE INTERSECTION OF UNITED STATES HIGHWAY 17 AND SOUTH CAROLINA HIGHWAY 165 IN CHARLESTON COUNTY ALONG UNITED STATES HIGHWAY 17 THAT CONTAIN THE WORDS: "ACE BASIN YOU ARE NOW ENTERING THE ACE BASIN. ONE OF THE LAST GREAT PLACES. PLEASE HELP PROTECT YOUR NATURAL RESOURCES". The Concurrent Resolution was adopted and sent to the Senate.
Rep. HIXON moved that the House recur to the morning hour, which was agreed to.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:
H. 4348 (Word version) -- Reps. Lucas, Clemmons, Southard, Douglas, Allison, Taylor and Felder: A BILL TO AMEND SECTION 63-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, INCLUDING JURISDICTION TO ORDER VISITATION FOR GRANDPARENTS OF MINOR CHILDREN, SO AS TO ELIMINATE CERTAIN PREREQUISITES TO ORDERING VISITATION. Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4791 (Word version) -- Reps. G. R. Smith, Rutherford, Bedingfield, Atwater, Putnam, Southard, Knight, Jefferson, Bowers, J. R. Smith, Hamilton, Bingham, McCoy, Willis, Quinn, Newton, Norrell, Bannister, Burns, Chumley, Delleney, Forrester, Harrell, Henderson, Hixon, Kennedy, Loftis, Lowe, Lucas, V. S. Moss, Owens, Pitts, Sandifer, Simrill, G. M. Smith, Stringer, White, Whitmire, Williams and Wood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "ELECTRONIC DATA PRIVACY PROTECTION ACT" BY ADDING CHAPTER 53 TO TITLE 23, SO AS TO PROVIDE THAT AN ENTITY MAY NOT SEARCH AN ELECTRONIC DEVICE WITHOUT A SEARCH WARRANT, TO Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:
S. 1034 (Word version) -- Senator L. Martin: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 5 AND 8 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2014. Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4354 (Word version) -- Reps. Harrell, Cobb-Hunter, G. M. Smith, Long, Douglas, Felder, R. L. Brown and Goldfinch: A BILL TO AMEND SECTION 44-115-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A PATIENT TO RECEIVE A COPY OF HIS MEDICAL RECORD OR HAVE IT TRANSFERRED TO ANOTHER PHYSICIAN, SO AS TO PROVIDE THE PATIENT MAY CHOOSE TO RECEIVE THE RECORD EITHER AS A PHOTOCOPY REPRODUCTION OR IN AN ELECTRONIC FORMAT STORED ON DIGITAL MEDIA; AND TO AMEND SECTION 44-115-80, RELATING TO FEES PHYSICIANS MAY CHARGE TO SEARCH AND DUPLICATE A MEDICAL RECORD, SO AS TO SPECIFY WHAT FEES MAY BE CHARGED FOR A PHOTOCOPY REPRODUCTION AND FOR AN ELECTRONIC REPRODUCTION, AND TO PROVIDE AN EXEMPTION FROM FEES FOR REPRODUCTIONS REQUESTED TO SATISFY A REQUIREMENT OF AN INSURER OR GOVERNMENTAL ENTITY THAT PROVIDES BENEFITS RELATED TO THE MEDICAL NEEDS OF THE PATIENT. Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3722 (Word version) -- Reps. Wells, Clemmons, Felder, Gagnon, Goldfinch, Hixon, Kennedy, Ridgeway, Robinson-Simpson, Ryhal, G. R. Smith, J. R. Smith, Taylor and Wood: 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. Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4673 (Word version) -- Reps. Simrill, Limehouse, Sottile and Gagnon: A BILL TO AMEND SECTION 27-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS REGARDING THE LIMITATION ON LIABILITY OF LANDOWNERS, SO AS TO INCLUDE RECREATIONAL NONCOMMERCIAL AIRSTRIPS AND ASSOCIATED AIRCRAFT OPERATIONS WITHIN THE DEFINITION OF "RECREATIONAL PURPOSE". Rep. OWENS, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3995 (Word version) -- Reps. G. M. Smith, Quinn, King, Edge, Finlay, Herbkersman and Pope: A BILL TO AMEND SECTION 57-1-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM, SO AS TO REVISE THE CRITERIA AND THE MANDATORY PRIORITY LIST FOR SELECTING CERTAIN TRANSPORTATION IMPROVEMENT PROJECTS AND NONMETROPOLITAN AREA PROJECTS. Rep. OWENS, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 4383 (Word version) -- Reps. Clemmons and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 136 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "AMERICANS STAND WITH ISRAEL" SPECIAL LICENSE PLATES. Rep. OWENS, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3905 (Word version) -- Reps. Loftis, H. A. Crawford, Brannon, Daning, Crosby, Munnerlyn, J. R. Smith, Burns, Dillard, V. S. Moss, Pope, Norrell, Ridgeway, Rivers, Simrill, Toole, Wood, W. J. McLeod and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "BACK TO BASICS IN EDUCATION ACT OF 2013" BY ADDING SECTION 59-29-15 SO AS TO ADD CURSIVE WRITING AND MEMORIZATION OF MULTIPLICATION TABLES TO THE REQUIRED SUBJECTS OF INSTRUCTION IN PUBLIC SCHOOLS, TO REQUIRE STUDENTS DEMONSTRATE COMPETENCE IN EACH SUBJECT BEFORE COMPLETION OF THE FIFTH GRADE, TO PROVIDE THE STATE DEPARTMENT OF EDUCATION TO ASSIST THE SCHOOL DISTRICTS IN IDENTIFYING THE MOST APPROPRIATE MEANS FOR INTEGRATING THIS REQUIREMENT INTO THEIR EXISTING CURRICULUMS, AND TO MAKE THE PROVISIONS OF THIS ACT APPLICABLE BEGINNING WITH THE 2013-2014 SCHOOL YEAR.
The following was introduced: H. 5033 (Word version) -- Reps. Mitchell, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, 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 EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, UPON THE PASSING OF DELORIS HAM OLIVER OF SPARTANBURG COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER LOVING FAMILY AND HER MANY FRIENDS. The Resolution was adopted.
The following was introduced: H. 5034 (Word version) -- Reps. King and Mitchell: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF CERICA DAVITTA FELDER OF ROWESVILLE AND TO EXTEND THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS. The Resolution was adopted.
The following was introduced:
H. 5032 (Word version) -- Rep. Alexander: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF OAKLAND AVENUE FROM ITS INTERSECTION WITH NORFOLK STREET TO ITS INTERSECTION WITH WILSON ROAD IN THE CITY OF FLORENCE "REVEREND DR. VANDROTH BACKUS WAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF ROADWAY THAT CONTAIN THE WORDS "REVEREND DR. VANDROTH BACKUS WAY".
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
S. 900 (Word version) -- Senator Allen: A JOINT RESOLUTION TO CREATE THE "STUDY COMMITTEE ON EXPUNGEMENT OF CRIMINAL OFFENSES" TO REVIEW THE CRIMINAL LAWS OF THE STATE AND DETERMINE CRIMINAL OFFENSES APPROPRIATE FOR EXPUNGEMENT, TO PROVIDE FOR THE MEMBERSHIP AND STAFFING OF THE STUDY COMMITTEE, AND TO PROVIDE FOR THE STUDY COMMITTEE'S TERMINATION.
H. 5035 (Word version) -- Reps. Newton, Hiott, Southard, Bowers, McCoy, Clemmons, Loftis, Crosby, Allison, J. E. Smith, Horne, Cobb-Hunter, Patrick, Tallon, Merrill, Hamilton, Erickson, Govan, Quinn, Bedingfield, Bernstein, Kennedy, Bowen, Brannon, Anthony, Sabb, Murphy, Long, Atwater, Stavrinakis, Whipper, Bannister, Bingham, Cole, Daning, Delleney, Forrester, Funderburk, Goldfinch, Harrell, Henderson, Herbkersman, Lucas, W. J. McLeod, Norrell, Pitts, Pope, Riley, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. R. Smith, Taylor, Thayer, Weeks and White: A BILL TO AMEND SECTION 12-43-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSES OF PROPERTY AND ASSESSMENT INTEREST APPLICABLE TO THESE CLASSES FOR PURPOSES OF THE IMPOSITION OF PROPERTY TAX, SO AS TO PROVIDE THAT AFTER A PARCEL OF REAL PROPERTY HAS UNDERGONE AN ASSESSABLE TRANSFER OF INTEREST DELINQUENT PROPERTY TAX AND PENALTIES ASSESSED BECAUSE THE PROPERTY WAS IMPROPERLY CLASSIFIED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY WHILE OWNED BY THE TRANSFEROR ARE SOLELY A PERSONAL LIABILITY OF THE TRANSFEROR AND DO NOT CONSTITUTE A LIEN ON THE PROPERTY ARE NOT ENFORCEABLE AGAINST THE PROPERTY AFTER THE ASSESSABLE TRANSFER OF INTEREST IF THE TRANSFEREE IS A BONA FIDE PURCHASER FOR VALUE WITHOUT NOTICE AND TO GIVE THIS PROVISION BOTH PROSPECTIVE AND RETROACTIVE EFFECT.
H. 5036 (Word version) -- Rep. Bedingfield: A BILL TO AMEND SECTION 13-1-1710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO ADD THE CHAIRMAN OF THE STATE COMMISSION OF FORESTRY.
H. 5037 (Word version) -- Rep. Quinn: A BILL TO AMEND SECTION 63-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, INCLUDING JURISDICTION TO ORDER VISITATION FOR GRANDPARENTS OF MINOR CHILDREN, SO AS TO ELIMINATE CERTAIN PREREQUISITES TO ORDERING VISITATION AND TO ADD REQUIREMENTS, INCLUDING A PROHIBITION OF VISITATION BY A GRANDPARENT WHO HAS BEEN CONVICTED OF OR PLED GUILTY OR NOLO CONTENDERE TO CERTAIN CRIMINAL OFFENSES OR WHO HAS ABUSED OR NEGLECTED A CHILD.
H. 5038 (Word version) -- Reps. Finlay and Bannister: A BILL TO AMEND SECTION 8-13-1120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTENTS OF STATEMENTS OF ECONOMIC INTERESTS, SO AS TO REVISE THE FORM AND REQUIRED CONTENTS OF STATEMENTS OF ECONOMIC INTERESTS, INCLUDING PROVISIONS TO FURTHER IDENTIFY SOURCES OF CERTAIN INCOME, THE AMOUNTS AND SOURCES OF CERTAIN OTHER INCOME, AND THE IDENTITY OF A GOVERNMENTAL ENTITY FROM WHICH A STATE OR LOCAL PUBLIC OFFICIAL DERIVES INCOME IN SPECIFIC SITUATIONS.
Debate was resumed on the following Bill, the pending question being the consideration of amendments: H. 3994 (Word version) -- Reps. Patrick, Owens and Rivers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA READ TO SUCCEED ACT" BY ADDING CHAPTER 155 TO TITLE 59, TO ESTABLISH WITHIN THE DEPARTMENT OF EDUCATION THE SOUTH CAROLINA READ TO SUCCEED OFFICE TO IMPLEMENT A COMPREHENSIVE, SYSTEMIC APPROACH TO READING WITH SPECIFIC OBJECTIVES, TO PROVIDE OBLIGATIONS AND REQUIREMENTS OF THE PROGRAM, AND TO PROVIDE NECESSARY DEFINITIONS, AMONG OTHER THINGS. Rep. PATRICK moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up: H. 3949 (Word version) -- Reps. Felder, Spires, Southard, Allison, Erickson, Gagnon, George, Hayes, Horne, Norman, Norrell, Simrill and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-93 SO AS TO DEFINE THE TERM "TOOTH WHITENING"; TO AMEND SECTION 40-15-70, RELATING TO THE PRACTICE OF DENTISTRY, SO AS TO INCLUDE TOOTH WHITENING WITHIN THE PRACTICE OF DENTISTRY; AND TO AMEND SECTION 40-15-102, RELATING TO THE FUNCTIONS A DENTAL HYGIENIST MAY PERFORM IN A PRIVATE DENTAL OFFICE, SO AS TO INCLUDE TOOTH WHITENING. Rep. DELLENEY moved to adjourn debate on the Bill, which was adopted.
The following Bill was taken up: H. 4527 (Word version) -- Reps. Felder, D. C. Moss, Brannon, Allison, Daning, Crosby, V. S. Moss, Hosey, Sottile, Clyburn, Kennedy, Spires, Quinn, R. L. Brown, Cole, Forrester, Pope, Rivers, Wood and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-195 SO AS TO ESTABLISH "A DAY OF RECOGNITION FOR VETERANS' SPOUSES AND FAMILIES" ON THE DAY AFTER THANKSGIVING DAY EACH YEAR. Rep. DELLENEY moved to adjourn debate on the Bill, which was adopted.
The following Bill was taken up: H. 4665 (Word version) -- Reps. H. A. Crawford, Erickson, Atwater, Allison, Clemmons, Gagnon, Goldfinch, Hardee, Hardwick, Harrell, Henderson, Horne, Nanney, Putnam, Quinn, Ryhal and Knight: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-13-185 SO AS TO PROHIBIT THE ADMINISTRATION OF MEDICATION TO A MINOR CHILD BY AN EMPLOYEE OR VOLUNTEER OF A CHILDCARE FACILITY WITHOUT PARENTAL PERMISSION, TO INCLUDE EXCEPTIONS IN CIRCUMSTANCES OF EMERGENCIES, TO REQUIRE CHILDCARE FACILITIES TO MAINTAIN RECORDS THAT DOCUMENT RECEIPT OF PARENTAL PERMISSION, AND TO PROVIDE CRIMINAL PENALTIES. Rep. DELLENEY moved to adjourn debate on the Bill, which was adopted.
The following Bill was taken up: S. 842 (Word version) -- Senator Cleary: A BILL TO AMEND CHAPTER 12, TITLE 25 OF THE 1976 CODE, RELATING TO VETERAN'S UNCLAIMED CREMATED REMAINS, TO PROVIDE THAT A CORONER MAY WORK WITH A VETERANS SERVICE ORGANIZATION TO PROVIDE FOR THE DISPOSITION OF UNCLAIMED CREMATED REMAINS OF A VETERAN PURSUANT TO THE PROVISIONS CONTAINED IN THIS CHAPTER. Rep. DELLENEY moved to adjourn debate on the Bill, which was adopted.
The following Bill was taken up: S. 714 (Word version) -- Senator Hutto: A BILL TO AMEND CHAPTER 15, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONGAME AND ENDANGERED SPECIES CONSERVATION ACT, SO AS TO RENAME THIS CHAPTER "NONGAME AND ENDANGERED SPECIES", TO DESIGNATE THE CHAPTER'S EXISTING SECTIONS AS "ARTICLE 1 NONGAME AND ENDANGERED WILDLIFE SPECIES", TO DELETE THE SECTION THAT REGULATES ALLIGATOR HUNTING, CONTROL, AND MANAGEMENT, AND TO ADD ARTICLE 3 TO THIS CHAPTER WHICH IS ENTITLED THE "SOUTH CAROLINA CAPTIVE ALLIGATOR PROPAGATION ACT" WHICH ALLOWS THE DEPARTMENT OF NATURAL RESOURCES TO REGULATE THE BUSINESS OF PROPAGATING ALLIGATORS FOR COMMERCIAL PURPOSES AND THE HUNTING, CONTROL, AND MANAGEMENT OF ALLIGATORS. Rep. DELLENEY moved to adjourn debate on the Bill, which was adopted.
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. DELLENEY moved to adjourn debate on the Bill, which was adopted.
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. DELLENEY moved to adjourn debate on the Bill, which was adopted.
The following Bill was taken up: S. 1010 (Word version) -- Senators McGill, Cleary and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 50 SO AS TO CREATE THE TOM YAWKEY CENTER TRUST FUND. Rep. DELLENEY moved to adjourn debate on the Bill, which was adopted.
The following Bill was taken up: S. 1028 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 50-25-1010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT ON TUGALO LAKE, SO AS TO INCREASE THE AMOUNT OF HORSEPOWER A WATERCRAFT MOTOR MAY USE ON TUGALO LAKE FROM TWENTY TO TWENTY-FIVE HORSEPOWER. Rep. DELLENEY moved to adjourn debate on the Bill, which was adopted.
The following Bill was taken up: H. 4864 (Word version) -- Rep. Gambrell: A BILL TO AMEND SECTION 46-21-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED LABELS AND TAGS FOR CONTAINERS OF AGRICULTURAL, VEGETABLE, AND FLOWER SEEDS, SO AS TO REVISE CERTAIN OF THESE LABELING AND TAGGING REQUIREMENTS. Rep. DELLENEY moved to adjourn debate on the Bill, which was adopted.
The following Bill was taken up: H. 4993 (Word version) -- Rep. Barfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-125 SO AS TO DESIGNATE THE THIRD SATURDAY IN SEPTEMBER AS "AYNOR HARVEST HOE-DOWN FESTIVAL WEEKEND". Rep. DELLENEY moved to adjourn debate on the Bill, which was adopted.
The following Joint Resolution was taken up: H. 4994 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CRITICAL CONGENITAL HEART DEFECTS SCREENING ON NEWBORNS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4429, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. Rep. DELLENEY moved to adjourn debate on the Joint Resolution, which was adopted.
The following Joint Resolution was taken up: H. 4995 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4447, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. Rep. DELLENEY moved to adjourn debate on the Joint Resolution, which was adopted.
The following Bill was taken up: S. 137 (Word version) -- Senators Lourie, L. Martin, Hayes, Fair, Davis, Ford, Cromer, Grooms and Alexander: A BILL TO AMEND SECTION 56-1-286, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE FOR HAVING AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO REVISE THE PENALTIES TO INCLUDE REQUIRING AN OFFENDER WHO OPERATES A VEHICLE TO HAVE AN IGNITION INTERLOCK DEVICE INSTALLED ON THE VEHICLE; TO AMEND SECTION 56-1-400, AS AMENDED, RELATING TO THE SUSPENSION OF A LICENSE, A LICENSE RENEWAL OR ITS RETURN, AND ISSUANCE OF A LICENSE THAT RESTRICTS THE DRIVER TO ONLY OPERATING A VEHICLE WITH AN IGNITION INTERLOCK DEVICE INSTALLED, SO AS TO PROVIDE FOR THE ISSUANCE OF AN INTERLOCK RESTRICTED LICENSE AND ITS CONTENTS, TO PROVIDE FOR THE CONTENTS OF A DRIVER'S LICENSE ISSUED TO A PERSON WHOSE VEHICLE IS INSTALLED WITH AN IGNITION INTERLOCK DEVICE AND TO PROVIDE ADDITIONAL OFFENSES THAT REQUIRE THE INSTALLATION OF AN IGNITION INTERLOCK RESTRICTED DEVICE AS A PENALTY, TO REVISE THE DRIVER'S LICENSE SUSPENSION PERIOD FOR A PERSON WHO CHOOSES TO OR NOT TO HAVE AN INTERLOCK DEVICE INSTALLED ON HIS VEHICLE, AND TO PROVIDE ADDITIONAL PENALTIES FOR CERTAIN INDIVIDUALS WHO CHOOSE NOT TO HAVE AN INTERLOCK DEVICE INSTALLED ON THEIR VEHICLES AFTER BEING CONVICTED OF CERTAIN DRIVING OFFENSES; TO AMEND SECTION 56-1-748, RELATING TO THE ISSUANCE OF A RESTRICTED DRIVER'S LICENSE TO PERSON'S WHO ARE INELIGIBLE TO OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 56-1-1320, RELATING TO THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE, SO AS TO MAKE TECHNICAL CHANGES, AND TO DELETE THE PROVISION THAT GIVES CERTAIN PERSONS AUTHORITY TO ISSUE A PROVISIONAL DRIVER'S LICENSE AND REVIEW CANCELLATIONS AND SUSPENSION OF DRIVER'S LICENSES; TO AMEND SECTION 56-5-2941, RELATING TO PENALTIES THAT MAY BE IMPOSED FOR DRIVING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO PROVIDE DURING THE OFFENSES THAT REQUIRE THE INSTALLATION OF AN IGNITION INTERLOCK DEVICE AS A PENALTY, TO PROVIDE A PENALTY FOR A PERSON WHO IS INCAPABLE OF OPERATING AN IGNITION INTERLOCK DEVICE, TO REVISE CERTAIN PENALTIES CONTAINED IN THIS SECTION; THE LENGTH OF TIME AN INTERLOCK DEVICE MUST BE AFFIXED TO A VEHICLE, TO REVISE THE PENALTY FOR AN OFFENDER WHO HAS ACCUMULATED FOUR POINTS UNDER THE INTERLOCK DEVICE POINT SYSTEM, TO PROVIDE FOR THE USE OF FUNDS REMITTED TO THE INTERLOCK DEVICE FUND, TO REVISE THE FEES THAT MUST BE COLLECTED AND REMITTED TO THE INTERLOCK DEVICE FUND, AND TO PROVIDE THAT AN INTERLOCK DEVICE MUST CAPTURE A PHOTOGRAPHIC IMAGE OF A DRIVER AS HE OPERATES THE DEVICE; TO AMEND SECTION 56-5-2942, AS AMENDED, RELATING TO THE IMMOBILIZATION OF A PERSON'S VEHICLE UPON HIS CONVICTION OF AN ALCOHOL-RELATED DRIVING OFFENSE, SO AS TO PROVIDE THAT AS LONG AS A PERSON HOLDS A VALID IGNITION INTERLOCK LICENSE, HE IS NOT REQUIRED TO SURRENDER HIS LICENSE PLATES AND VEHICLE REGISTRATIONS; TO AMEND SECTION 56-5-2945, RELATING TO THE OPERATION OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL AND GREAT BODILY INJURY OR DEATH OCCURS, SO AS TO PROVIDE THAT A PERSON CONVICTED PURSUANT TO THIS SECTION MAY ENROLL IN THE IGNITION INTERLOCK DEVICE PROGRAM UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO A PERSON WHO OPERATES A MOTOR VEHICLE GIVING IMPLIED CONSENT TO CHEMICAL TESTS TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS, SO AS TO REVISE THE PENALTY IMPOSED UPON A PERSON WHO REFUSES TO BE SUBJECTED TO A CHEMICAL TEST, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE WHO REFUSES TO SUBMIT TO BE TESTED TO DETERMINE HIS ALCOHOL CONCENTRATION, SO AS TO REVISE THE OFFENSES THAT ARE AFFECTED BY THIS SECTION, TO PROVIDE THAT A PERSON MAY ENROLL IN THE IGNITION INTERLOCK DEVICE PROGRAM AS A ALTERNATE IN LIEU OF OTHER PENALTIES PROVIDED IN THIS SECTION; AND TO AMEND SECTION 56-5-2990, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR A VIOLATION OF CERTAIN ALCOHOL AND DRUG RELATED DRIVING OFFENSES, SO AS TO REVISE THE PENALTIES, AND TO INCLUDE REQUIRING CERTAIN PERSONS TO ENROLL IN THE IGNITION INTERLOCK DEVICES PROGRAM.
The Committee on Judiciary proposed the following Amendment No. 1 to S. 137 (COUNCIL\SWB\137C001.SWB.CM14), which was adopted:
"Section 56-1-286. (A) The Department of Motor Vehicles
(B) A person under the age of twenty-one who drives a motor vehicle in this State is considered to have given consent to chemical tests of (C) A law enforcement officer who has arrested a person under the age of twenty-one for a violation of Chapter 5 of this title (Uniform Act Regulating Traffic on Highways), or any other traffic offense established by a political subdivision of this State, and has reasonable suspicion that the person under the age of twenty-one has consumed alcoholic beverages and driven a motor vehicle may order the testing of the person arrested to determine the person's alcohol concentration. A law enforcement officer may detain and order the testing of a person to determine the person's alcohol concentration if the officer has reasonable suspicion that a motor vehicle is being driven by a person under the age of twenty-one who has consumed alcoholic beverages.
(D) A test must be administered at the direction of the primary investigating law enforcement officer. At the officer's direction
The person tested or giving samples for testing may have a qualified person of
(E) A qualified person and
(F) if a person refuses upon the (1) six months; or
(2) one year, if the person, within the
(G) If a person submits to a chemical test and the test result indicates an alcohol concentration of two one-hundredths of one percent or more, the department (1) three months; or
(2) six months, if the person, within the
(H) A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension (I) A test may not be administered or samples taken unless, upon activation of the video recording equipment and prior to the commencement of the testing procedure, the person has been given a written copy of and verbally informed that:
(1)
(2)
(3)
(4)
(5)
The primary investigating officer
(J) If the test registers an alcohol concentration of two one-hundredths of one percent or more or if the person refuses to be tested, the primary investigating officer (K) Within thirty days of the issuance of the notice of suspension the person may:
(1) obtain a temporary alcohol license by filing with the Department of Motor Vehicles a form for this purpose. A one-hundred-dollar fee must be assessed for obtaining a temporary alcohol license. Twenty-five dollars of the fee collected by the Department of Motor Vehicles must be distributed to the Department of Public Safety for supplying and maintaining all necessary vehicle videotaping equipment. The remaining seventy-five dollars must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray (2) request a contested case hearing before the Office of Motor Vehicle Hearings pursuant to its rules of procedure. At the contested case hearing if:
(a) the suspension is upheld, the person
(b) the suspension is overturned, the (L) The periods of suspension provided for in subsections (F) and (G) begin on the day the notice of suspension is issued, or at the expiration of any other suspensions, and continue until the person applies for a temporary alcohol license and requests an administrative hearing.
(M) If a person does not request a contested case hearing,
(N) The notice of suspension must advise the person of the requirement to enroll in an Alcohol and Drug Safety Action Program and of (O) A contested case hearing must be held after the request for the hearing is received by the Office of Motor Vehicle Hearings. The scope of the hearing is limited to whether the person: (1) was lawfully arrested or detained; (2) was given a written copy of and verbally informed of the rights enumerated in subsection (I); (3) refused to submit to a test pursuant to this section; or (4) consented to taking a test pursuant to this section, and the: (a) reported alcohol concentration at the time of testing was two one-hundredths of one percent or more; (b) individual who administered the test or took samples was qualified pursuant to this section; (c) test administered and samples taken were conducted pursuant to this section; and (d) the machine was operating properly. Nothing in this section prohibits the introduction of evidence at the contested case hearing on the issue of the accuracy of the breath test result. The Department of Motor Vehicles and the arresting officer shall have the burden of proof in contested case hearings conducted pursuant to this section. If neither the Department of Motor Vehicles nor the arresting officer appears at the contested case hearing, the hearing officer shall rescind the suspension of the person's license, permit, or nonresident's operating privilege regardless of whether the person requesting the contested case hearing or the person's attorney appears at the contested case hearing.
A written order must be issued to all parties either reversing or upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit. If the suspension is upheld, the person must receive credit for the number of days (P) A contested case hearing is a contested proceeding under the Administrative Procedures Act, and a person has a right to appeal the decision of the hearing officer pursuant to that act to the Administrative Law Court in accordance with its appellate rules. The filing of an appeal shall stay the suspension until a final decision is issued. (Q) A person who is unconscious or otherwise in a condition rendering him incapable of refusal is considered to be informed and not to have withdrawn the consent provided for in subsection (B) of this section. (R) When a nonresident's privilege to drive a motor vehicle in this State has been suspended under the procedures of this section, the department shall give written notice of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license or permit. (S) A person required to submit to a test must be provided with a written report including the time of arrest, the time of the tests, and the results of the tests before any proceeding in which the results of the tests are used as evidence. A person who obtains additional tests shall furnish a copy of the time, method, and results of any additional tests to the officer before any trial, hearing, or other proceeding in which the person attempts to use the results of the additional tests as evidence. (T) A person whose driver's license or permit is suspended under this section is not required to file proof of financial responsibility. (U) The department shall administer the provisions of this section, not including subsection (D), and shall promulgate regulations necessary to carry out its provisions.
(V) Notwithstanding any other provision of law, no suspension imposed pursuant to this section is counted as a demerit or result in any insurance penalty for automobile insurance purposes if at the time
"Section 56-1-400. (A) The Department of Motor Vehicles, upon suspending or revoking a license, shall require that
(B)(1) A person who does not own a vehicle, as shown in the Department of Motor Vehicles' records, and who certifies that (a) cannot obtain a vehicle owner's permission to have an ignition interlock device installed on a vehicle;
(b) will not be driving
(c) (2) The form must contain: (a) identifying information about the employer's noncommercial vehicles that the person will be operating; (b) a statement that explains the circumstances in which the person will be operating the employer's vehicles; and (c) the notarized signature of the person's employer. (3) This subsection does not apply to a person who is self-employed or to a person who is employed by a business owned in whole or in part by the person or a member of the person's household or immediate family unless during the defense of a criminal charge, the court finds that the vehicle's ownership by the business serves a legitimate business purpose and that titling and registration of the vehicle by the business was not done to circumvent the intent of this section. (4) Whenever the person operates the employer's vehicle pursuant to this subsection, the person shall have with the person a copy of the form specified by this subsection.
(5) The determination of eligibility for
(C)
"Section 56-1-460. (A)(1) Except as provided in item (2), a person who drives a motor vehicle on (a) for a first offense, fined three hundred dollars or imprisoned for up to thirty days, or both; (b) for a second offense, fined six hundred dollars or imprisoned for up to sixty consecutive days, or both; and
(c) for a third (d) Notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, an offense punishable under this item may be tried in magistrates or municipal court.
(e)(i) A person convicted of a first or second offense of this item, as determined by the records of the department, and who is employed or enrolled in a college or university at any time while
(ii) When the department issues a route restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the person may operate a motor vehicle. A person holding a route restricted driver's license pursuant to this item
(iii) The fee for a route restricted driver's license issued pursuant to this item is one hundred dollars, but no additional fee is due when changes occur in the place and hours of employment, education, or residence. Of this fee, eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray
(iv) The operation of a motor vehicle outside the time limits and route imposed by a route restricted license
(2) A person who drives a motor vehicle on (a) for a first offense, fined three hundred dollars or imprisoned for not less than ten nor more than thirty days; (b) for a second offense, fined six hundred dollars or imprisoned for not less than sixty days nor more than six months;
(c) for a third
(B) The Department of Motor Vehicles, upon receiving a record of
(C) One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the Department of Public Safety for the Highway Patrol."
"Section 56-1-748. (A) No person issued a restricted driver's license under the provisions of Section
(B) A person who obtains a route restricted driver's license and who is required to attend an Alcohol and Drug Safety Action Program or a court ordered drug program as a condition of reinstatement of the person's driving privileges may use the route restricted driver's license to attend the Alcohol and Drug Safety Action Program classes or court ordered drug program in addition to the other permitted uses of the route restricted driver's license."
"Section 56-1-1320. (A) A person with a South Carolina driver's license, a person who had a South Carolina driver's license at the time of the offense referenced below, or a person exempted from the licensing requirements by Section 56-1-30, who is or has been convicted of a first offense violation of
(B) Ninety-five dollars of the collected fee must be credited to the State's General Fund
"Section 56-5-2941. (A)
The length of time that
(B) Notwithstanding the pleadings, for purposes of a second or a subsequent offense, the specified length of time that
(1) two points or more, but less than three points,
(2)
(3)
(2) Only a service provider authorized by the Department of Probation, Parole and Pardon Services to perform inspections on ignition interlock devices may conduct inspections. The service provider immediately (3) If the inspection report reflects that the person has failed to complete a running retest, the person must be assessed one ignition interlock device point.
(4) The inspection report must indicate the
(a)
(b)
(c)
(5)
(2) The person may seek relief from the Department of Probation, Parole and Pardon Services determination that a person's license is suspended due to the accumulation of four or more ignition interlock device points by filing a request for a contested case hearing with the Office of Motor Vehicle Hearings pursuant to the Administrative Procedures Act. The filing of the request for a contested case hearing will stay the driver's license suspension pending the outcome of the hearing. However, the filing of the request for a contested case hearing will not stay the requirements of the person having the ignition interlock device. (3) At the contested case hearing: (a) the assessment of driver's license suspension can be upheld; (b) the driver's license suspension can be overturned, or any or all of the contested ignition interlock points included in the device inspection report that results in the contested suspension can be overturned, and the penalties as specified pursuant to Section 56-5-2941(E) will then be imposed accordingly. (4) A contested case hearing must be held after the request for the hearing is received by the Office of Motor Vehicle Hearings. Nothing in this section prohibits the introduction of evidence at the contested case hearing on the issue of the accuracy of the ignition interlock device. However, if the ignition interlock device is found to not be in working order due to failure of regular maintenance and upkeep by the person challenging the accumulation of ignition interlock points pursuant to the requirement of the ignition interlock program, such allegation cannot serve as a basis to overturn point accumulations. (5) A written order must be issued by the Office of Motor Vehicle Hearings to all parties either reversing or upholding the assessment of ignition interlock points. (6) A contested case hearing is governed by the Administrative Procedures Act, and a person has a right to appeal the decision of the hearing officer pursuant to that act to the Administrative Law Court in accordance with its appellate rules. The filing of an appeal does not stay the ignition interlock requirement.
(J)
(a) for a first offense, is guilty of a misdemeanor, and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than one year. The person must have the length of time that the ignition interlock device is required extended by six months; (b) for a second offense, is guilty of a misdemeanor, and, upon conviction, must be fined not less than five thousand dollars or imprisoned not more than three years. The person must have the length of time that the ignition interlock device is required extended by one year; and (c) for a third or subsequent offense, is guilty of a felony, and, upon conviction, must be fined not less than ten thousand dollars or imprisoned not more than ten years. The person must have the length of time that the ignition interlock device is required extended by three years. (2) No portion of the minimum sentence imposed pursuant to this subsection may be suspended. (3) Notwithstanding any other provision of law, a first or second offense punishable pursuant to this subsection may be tried in summary court.
(2) Whenever the person operates the employer's vehicle pursuant to this subsection, the person shall have with the person a copy of the Department of Motor Vehicle's form specified by Section 56-1-400(B). (3) This subsection will be construed in parallel with the requirements of subsection 56-1-400(B). A waiver issued pursuant to this subsection will be subject to the same review and revocation as described in subsection 56-1-400(B).
(1) The Department of Probation, Parole and Pardon Services
(2) The Department of Probation, Parole and Pardon Services shall maintain a current list of certified ignition interlock devices and (3) Only ignition interlock installers certified by the Department of Probation, Parole and Pardon Services may install and service ignition interlock devices required pursuant to this section. The Department of Probation, Parole and Pardon Services shall maintain a current list of vendors that are certified to install the devices.
"Section 56-5-2942. (A) A person who is convicted of or pleads guilty or nolo contendere to a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 must have all motor vehicles owned by or registered to (B) For purposes of this section, 'immobilized' and 'immobilization' mean suspension and surrender of the registration and motor vehicle license plate.
(C) Upon receipt of a conviction by the department from the court for a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, the department
(D) Upon notification by a court in this State or (E) An immobilized motor vehicle must be released to the holder of a bona fide lien on the motor vehicle when possession of the motor vehicle is requested, as provided by law, by the lienholder for the purpose of foreclosing on and satisfying the lien. (F) An immobilized motor vehicle may be released by the department without legal or physical restraints to a person who has not been convicted of a second or subsequent violation of Section 56-5-2930, 56-5-2933, or 56-5-2945, if that person is a registered owner of the motor vehicle or a member of the household of a registered owner. The vehicle must be released if an affidavit is submitted by that person to the department stating that:
(1)
(2) the immobilized motor vehicle is necessary to (3) no other motor vehicle is available for the person's use;
(4) the person will not authorize the use of the motor vehicle by any other person known by
(5) the person will report immediately to a local law enforcement agency any unauthorized use of the motor vehicle by a person known by (G) The department may issue a determination permitting or denying the release of the vehicle based on the affidavit submitted pursuant to subsection (F). A person may seek relief from a department determination immobilizing a motor vehicle or denying the release of the motor vehicle by filing a request for a contested case hearing with the Office of Motor Vehicle Hearings pursuant to the Administrative Procedures Act and the rules of procedure for the Office of Motor Vehicle Hearings. (H) A person who drives an immobilized motor vehicle except as provided in subsections (E) and (F) is guilty of a misdemeanor, and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days. (I) A person who fails to surrender registrations and license plates pursuant to this section is guilty of a misdemeanor, and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.
(J) A fee of fifty dollars must be paid to the department for each motor vehicle that was suspended before any of the suspended registrations and license plates may be registered or before the motor vehicle may be released pursuant to subsection (F). This fee must be placed by the Comptroller General into a special restricted interest bearing account to be used by the Department of Motor Vehicles to defray
(K) For purposes of this article, a conviction of or plea of nolo contendere to Section 56-5-2933 is considered a prior offense of Section 56-5-2930."
"Section 56-5-2945. (A) A person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a motor vehicle and when driving a motor vehicle does any act forbidden by law or neglects any duty imposed by law in the driving of the motor vehicle, which act or neglect proximately causes great bodily injury or death to (1) by a mandatory fine of not less than five thousand one hundred dollars nor more than ten thousand one hundred dollars and mandatory imprisonment for not less than thirty days nor more than fifteen years when great bodily injury results; (2) by a mandatory fine of not less than ten thousand one hundred dollars nor more than twenty-five thousand one hundred dollars and mandatory imprisonment for not less than one year nor more than twenty-five years when death results. A part of the mandatory sentences required to be imposed by this section must not be suspended, and probation must not be granted for any portion. (B) As used in this section, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(C)(1) The Department of Motor Vehicles (2) After the person is released from prison, the person shall enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941, end the suspension, and obtain an ignition interlock restricted license pursuant to Section 56-1-400. The ignition interlock device is required to be affixed to the motor vehicle for three years when 'great bodily injury' results and five years when a death occurs.
"Section 56-5-2947. (A) A person eighteen years of age or
(1) the person (a) Section 56-5-750; (b) Section 56-5-2930; (c) Section 56-5-2933; or (d) Section 56-5-2945; and
(2) the person has one or more passengers
If more than one passenger
(B) Upon conviction, the person must be
(1)
(2)
(3)
(C) No portion of the penalty assessed
(D)(1) In addition to imposing the penalties for offenses (2) Upon conviction under subsection (A)(1)(b) through (d), the person shall enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941, end the suspension, and obtain an ignition interlock restricted license pursuant to Section 56-1-400. The ignition interlock device is required to be affixed to the motor vehicle for three months.
(3) Sections 56-1-1320 and 56-5-2990 as they relate to enrollment in an alcohol and drug safety action program and to the issuance of a provisional driver's license will not be effective until the
(E) A person may be convicted
(F) The court that has jurisdiction over an offense
(G) A first offense charge for a violation of this section may not be used as the only evidence for taking a child into protective custody pursuant to Sections 63-7-620(A) and 63-7-660."
"Section 56-5-2950. (A) A person who drives a motor vehicle in this State is considered to have given consent to chemical tests of (B) No tests may be administered or samples obtained unless, upon activation of the video recording equipment and prior to the commencement of the testing procedure, the person has been given a written copy of and verbally informed that:
(1)
(2)
(3)
(4)
(5) if (C) A hospital, physician, qualified technician, chemist, or registered nurse who obtains the samples or conducts the test or participates in the process of obtaining the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or another cause alleging that the drawing of blood or taking samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person obtaining the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or obtains the samples.
(D) The person tested or giving samples for testing may have a qualified person of
(E) The arresting officer
SLED (F) A qualified person who obtains samples or administers the tests or assists in obtaining samples or the administration of tests at the direction of a law enforcement officer is released from civil and criminal liability unless the obtaining of samples or tests is performed in a negligent, reckless, or fraudulent manner. No person may be required by the arresting officer, or by another law enforcement officer, to obtain or take any sample of blood or urine. (G) In the criminal prosecution for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945 the alcohol concentration at the time of the test, as shown by chemical analysis of the person's breath or other body fluids, gives rise to the following: (1) if the alcohol concentration was at that time five one-hundredths of one percent or less, it is conclusively presumed that the person was not under the influence of alcohol; (2) if the alcohol concentration was at that time in excess of five one-hundredths of one percent but less than eight one-hundredths of one percent, this fact does not give rise to any inference that the person was or was not under the influence of alcohol, but this fact may be considered with other evidence in determining the guilt or innocence of the person; or (3) if the alcohol concentration was at that time eight one-hundredths of one percent or more, it may be inferred that the person was under the influence of alcohol.
The provisions of this section must not be construed as limiting the introduction of any other evidence bearing upon the question of whether or not the person was under the influence of alcohol, drugs, or a combination of
(H) A person who is unconscious or otherwise in a condition rendering
(I) A person required to submit to tests by the arresting law enforcement officer must be provided with a written report including the time of arrest, the time of the tests, and the results of the tests before any trial or other proceeding in which the results of the tests are used as evidence. A person who obtains additional tests
(J) Policies, procedures, and regulations promulgated by SLED may be reviewed by the trial judge or hearing officer on motion of either party. The failure to follow
(K) If a state employee charged with the maintenance of breath testing devices in this State and the administration of breath testing policy is required to testify at
"Section 56-5-2951. (A) The Department of Motor Vehicles (B) Within thirty days of the issuance of the notice of suspension, the person may:
(1) obtain a temporary alcohol license
(2) request a contested case hearing before the Office of Motor Vehicle Hearings in accordance with At the contested case hearing, if:
(a) the suspension is upheld, the person's driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension period provided for in subsection (I). Within thirty days of the issuance of the notice that the suspension has been upheld, the person
(b) the suspension is overturned, the person must have The provisions of this subsection do not affect the trial for a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945. (C) The period of suspension provided for in subsection (I) begins on the day the notice of suspension is issued, or at the expiration of any other suspensions, and continues until the person applies for a temporary alcohol license and requests a contested case hearing.
(D) If a person does not request a contested case hearing, (E) The notice of suspension must advise the person:
(1) of
(2) The notice of suspension also must advise the person that, if
(3) The notice of suspension also must advise the person that, if the suspension is upheld at the contested case hearing or (F) A contested case hearing must be held after the request for the hearing is received by the Office of Motor Vehicle Hearings. The scope of the hearing is limited to whether the person: (1) was lawfully arrested or detained; (2) was given a written copy of and verbally informed of the rights enumerated in Section 56-5-2950; (3) refused to submit to a test pursuant to Section 56-5-2950; or (4) consented to taking a test pursuant to Section 56-5-2950, and the: (a) reported alcohol concentration at the time of testing was fifteen one-hundredths of one percent or more; (b) individual who administered the test or took samples was qualified pursuant to Section 56-5-2950; (c) tests administered and samples obtained were conducted pursuant to Section 56-5-2950; and (d) machine was working properly. Nothing in this section prohibits the introduction of evidence at the contested case hearing on the issue of the accuracy of the breath test result.
A written order must be issued to all parties either reversing or upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit. If the suspension is upheld, the person must receive credit for the number of days The Department of Motor Vehicles and the arresting officer shall have the burden of proof in contested case hearings conducted pursuant to this section. If neither the Department of Motor Vehicles nor the arresting officer appears at the contested case hearing, the hearing officer shall rescind the suspension of the person's license, permit, or nonresident's operating privilege regardless of whether the person requesting the contested case hearing or the person's attorney appears at the contested case hearing.
(G) A contested case hearing is governed by the Administrative Procedures Act, and a person has a right to appeal the decision of the hearing officer pursuant to that act to the Administrative Law Court in accordance with
(H)(1) If the person did not request a contested case hearing or the suspension is upheld at the contested case hearing, the person
(2) If the department issues a restricted license pursuant to this subsection,
(3) The fee for a restricted license is one hundred dollars, but no additional fee may be charged because of changes in the place and hours of employment, education, or residence. Twenty dollars of this fee must be deposited in the
(4) Driving a motor vehicle outside the time limits and route imposed by a restricted license
(I)(1) (a) six months for a person who refuses to submit to a test pursuant to Section 56-5-2950; or (b) one month for a person who takes a test pursuant to Section 56-5-2950 and has an alcohol concentration of fifteen one-hundredths of one percent or more.
(2) The period of a driver's license, permit, or nonresident operating privilege suspension for, or denial of issuance of a license or permit to,
(a) for a second offense, nine months if
(b) for a third offense, twelve months if
(c) for a fourth or subsequent offense, fifteen months if (3) In lieu of serving the remainder of a suspension or denial of the issuance of a license or permit, a person may enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941, end the suspension or denial of the issuance of a license or permit, and obtain an ignition interlock restricted license pursuant to Section 56-1-400. The ignition interlock device is required to be affixed to the motor vehicle equal to the length of time remaining on the person's suspension or denial of the issuance of a license or permit. If the length of time remaining is less than three months, the ignition interlock device is required to be affixed to the motor vehicle for three months. Once a person has enrolled in the Ignition Interlock Device Program and obtained an ignition interlock restricted license, the person is subject to Section 56-5-2941 and cannot subsequently choose to serve the suspension.
(J) A person's driver's license, permit, or nonresident operating privilege must be restored when the person's period of suspension or ignition interlock restricted license requirement
(K) When a nonresident's privilege to drive a motor vehicle in this State has been suspended
(L) The department (M) A person whose driver's license or permit is suspended pursuant to this section is not required to file proof of financial responsibility.
(N) An insurer
(O) The department
(P) If a person does not request a contested case hearing within the thirty-day period as authorized pursuant to this section, the person may file with the department a form after enrolling in a certified Alcohol and Drug Safety Action Program to apply for a restricted license. The restricted license permits him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The restricted license also permits him to drive to and from Alcohol and Drug Safety Action Program classes or a court-ordered drug program. The department may issue the restricted license at any time following the suspension upon a showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, his place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program. The department must designate reasonable restrictions on the times during which and routes on which the individual may drive a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, status of his court-ordered drug program, or residence must be reported immediately to the department by the licensee. The route restrictions, requirements, and fees imposed by the department for the issuance of the restricted license issued pursuant to this item are the same as those provided in this section had the person requested a contested case hearing. A restricted license is valid until the person successfully completes a certified Alcohol and Drug Safety Action Program, unless the person fails to complete or make satisfactory progress to complete the program."
"Section 56-5-2990. (A)(1) The Department of Motor Vehicles shall suspend the driver's license of a person who is convicted (2) For a first offense: (a) If a person is found to have refused to submit to a breath test pursuant to Section 56-5-2950 and is convicted of 56-5-2930 or 56-5-2933, the person's driver's license must be suspended six months. The person is not eligible for a provisional license pursuant to Article 7, Chapter 1, Title 56. In lieu of serving the remainder of the suspension, the person may enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941, end the suspension, and obtain an ignition interlock restricted license pursuant to Section 56-1-400. The ignition interlock device is required to be affixed to the motor vehicle equal to the length of time remaining on the person's suspension. If the length of time remaining is less than three months, the ignition interlock device is required to be affixed to the motor vehicle for three months. Once a person has enrolled in the Ignition Interlock Device Program and obtained an ignition interlock restricted license, the person is subject to Section 56-5-2941 and cannot subsequently choose to serve the suspension. (b) If a person submitted to a breath test pursuant to Section 56-5-2950 and is convicted of having an alcohol concentration of less than fifteen one hundredths of one percent, the person's driver's license must be suspended six months. The person is eligible for a provisional license pursuant to Article 7, Chapter 1, Title 56. In lieu of serving the remainder of the suspension, the person may enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941, end the suspension, and obtain an ignition interlock restricted license pursuant to Section 56-1-400. The ignition interlock device is required to be affixed to the motor vehicle equal to the length of time remaining on the person's suspension. If the length of time remaining is less than three months, the ignition interlock device is required to be affixed to the motor vehicle for three months. Once a person has enrolled in the Ignition Interlock Device Program and obtained an ignition interlock restricted license, the person is subject to Section 56-5-2941 and cannot subsequently choose to serve the suspension. (c) If a person submitted to a breath test pursuant to Section 56-5-2950 and is convicted of having an alcohol concentration of fifteen one hundredths of one percent or more, the person shall enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941, end the suspension, and obtain an ignition interlock restricted license pursuant to Section 56-1-400. The ignition interlock device is required to be affixed to the motor vehicle for six months. The person is not eligible for a provisional license pursuant to Article 7, Chapter 1, Title 56. (3) For a second offense, a person shall enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941, end the suspension, and obtain an ignition interlock restricted license pursuant to Section 56-1-400. The ignition interlock device is required to be affixed to the motor vehicle for two years. (4) For a third offense, a person shall enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941, end the suspension, and obtain an ignition interlock restricted license pursuant to Section 56-1-400. The ignition interlock device is required to be affixed to the motor vehicle for three years. If the third offense occurs within five years from the date of the first offense, the ignition interlock device is required to be affixed to the motor vehicle for four years. (5) For a fourth or subsequent offense, a person shall enroll in the Ignition Interlock Device Program pursuant to Section 56-5-2941, end the suspension, and obtain an ignition interlock restricted license pursuant to Section 56-1-400. The ignition interlock device is required to be affixed to the motor vehicle for life. (6) Except as provided in subsection (A)(4), only those offenses which occurred within ten years, including and immediately preceding the date of the last offense, shall constitute prior offenses within the meaning of this section.
(B) A person whose license is suspended
(C) The Department of Alcohol and Other Drug Abuse Services shall determine the cost of services provided by each certified Alcohol and Drug Safety Action Program. Each
(D) If the
(E) The Department of Motor Vehicles and the Department of Alcohol and Other Drug Abuse Services shall develop procedures necessary for the communication of information pertaining to relicensing, or otherwise. These procedures must be consistent with the confidentiality laws of the State and the United States. If
(F) Except as provided for in Section 56-1-365(D) and (E), the driver's license suspension periods under this section begin on the date the person is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the a violation of Section 56-5-2930, 56-5-2933, or for the violation of any other a law of this State or ordinance of a county or municipality of this State that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, or narcotics; however, a person is not prohibited from filing a notice of appeal and receiving a certificate which entitles him to operate a motor vehicle for a period of sixty days after the conviction, plea of guilty or nolo contendere, or bail forfeiture pursuant to Section 56-1-365(F)."
Rep. QUINN 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:
Those who voted in the affirmative are: Alexander Allison Anderson Anthony Atwater Bales Ballentine Bannister Bedingfield Bingham Bowen Bowers Branham Brannon G. A. 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 George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Harrell Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson King Knight Loftis Lucas Mack McCoy McEachern M. S. McLeod W. J. McLeod Merrill 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 Ryhal Sabb Sandifer 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 Wood
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
Prior to becoming a State Representative, I served as the Executive Director of the Spartanburg County Bible Education in School Time organization. Ramona Longstreet Eubanks also served and still serves on the SCBEST Board. She is the Aunt of little Emma. We all prayed for Emma. I think this is a good Bill and I fully support S. 137. Rep. Donna Wood
I was temporarily out of the Chamber on constituent business during the vote on S. 137. If I had been present, I would have voted in favor of the Bill.
Rep. QUINN moved to reconsider the vote whereby the following Bill was given second reading: S. 137 (Word version) -- Senators Lourie, L. Martin, Hayes, Fair, Davis, Ford, Cromer, Grooms and Alexander: A BILL TO AMEND SECTION 56-1-286, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE FOR HAVING AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO REVISE THE PENALTIES TO INCLUDE REQUIRING AN OFFENDER WHO OPERATES A VEHICLE TO HAVE AN IGNITION INTERLOCK DEVICE INSTALLED ON THE VEHICLE; TO AMEND SECTION 56-1-400, AS AMENDED, RELATING TO THE SUSPENSION OF A LICENSE, A LICENSE RENEWAL OR ITS RETURN, AND ISSUANCE OF A LICENSE THAT RESTRICTS THE DRIVER TO ONLY OPERATING A VEHICLE WITH AN IGNITION INTERLOCK DEVICE INSTALLED, SO AS TO PROVIDE FOR THE ISSUANCE OF AN INTERLOCK RESTRICTED LICENSE AND ITS CONTENTS, TO PROVIDE FOR THE CONTENTS OF A DRIVER'S LICENSE ISSUED TO A PERSON WHOSE VEHICLE IS INSTALLED WITH AN IGNITION INTERLOCK DEVICE AND TO PROVIDE ADDITIONAL OFFENSES THAT REQUIRE THE INSTALLATION OF AN IGNITION INTERLOCK RESTRICTED DEVICE AS A PENALTY, TO REVISE THE DRIVER'S LICENSE SUSPENSION PERIOD FOR A PERSON WHO CHOOSES TO OR NOT TO HAVE AN INTERLOCK DEVICE INSTALLED ON HIS VEHICLE, AND TO PROVIDE ADDITIONAL PENALTIES FOR CERTAIN INDIVIDUALS WHO CHOOSE NOT TO HAVE AN INTERLOCK DEVICE INSTALLED ON THEIR VEHICLES AFTER BEING CONVICTED OF CERTAIN DRIVING OFFENSES; TO AMEND SECTION 56-1-748, RELATING TO THE ISSUANCE OF A RESTRICTED DRIVER'S LICENSE TO PERSON'S WHO ARE INELIGIBLE TO OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 56-1-1320, RELATING TO THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE, SO AS TO MAKE TECHNICAL CHANGES, AND TO DELETE THE PROVISION THAT GIVES CERTAIN PERSONS AUTHORITY TO ISSUE A PROVISIONAL DRIVER'S LICENSE AND REVIEW CANCELLATIONS AND SUSPENSION OF DRIVER'S LICENSES; TO AMEND SECTION 56-5-2941, RELATING TO PENALTIES THAT MAY BE IMPOSED FOR DRIVING A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO PROVIDE DURING THE OFFENSES THAT REQUIRE THE INSTALLATION OF AN IGNITION INTERLOCK DEVICE AS A PENALTY, TO PROVIDE A PENALTY FOR A PERSON WHO IS INCAPABLE OF OPERATING AN IGNITION INTERLOCK DEVICE, TO REVISE CERTAIN PENALTIES CONTAINED IN THIS SECTION; THE LENGTH OF TIME AN INTERLOCK DEVICE MUST BE AFFIXED TO A VEHICLE, TO REVISE THE PENALTY FOR AN OFFENDER WHO HAS ACCUMULATED FOUR POINTS UNDER THE INTERLOCK DEVICE POINT SYSTEM, TO PROVIDE FOR THE USE OF FUNDS REMITTED TO THE INTERLOCK DEVICE FUND, TO REVISE THE FEES THAT MUST BE COLLECTED AND REMITTED TO THE INTERLOCK DEVICE FUND, AND TO PROVIDE THAT AN INTERLOCK DEVICE MUST CAPTURE A PHOTOGRAPHIC IMAGE OF A DRIVER AS HE OPERATES THE DEVICE; TO AMEND SECTION 56-5-2942, AS AMENDED, RELATING TO THE IMMOBILIZATION OF A PERSON'S VEHICLE UPON HIS CONVICTION OF AN ALCOHOL-RELATED DRIVING OFFENSE, SO AS TO PROVIDE THAT AS LONG AS A PERSON HOLDS A VALID IGNITION INTERLOCK LICENSE, HE IS NOT REQUIRED TO SURRENDER HIS LICENSE PLATES AND VEHICLE REGISTRATIONS; TO AMEND SECTION 56-5-2945, RELATING TO THE OPERATION OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL AND GREAT BODILY INJURY OR DEATH OCCURS, SO AS TO PROVIDE THAT A PERSON CONVICTED PURSUANT TO THIS SECTION MAY ENROLL IN THE IGNITION INTERLOCK DEVICE PROGRAM UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO A PERSON WHO OPERATES A MOTOR VEHICLE GIVING IMPLIED CONSENT TO CHEMICAL TESTS TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS, SO AS TO REVISE THE PENALTY IMPOSED UPON A PERSON WHO REFUSES TO BE SUBJECTED TO A CHEMICAL TEST, AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE WHO REFUSES TO SUBMIT TO BE TESTED TO DETERMINE HIS ALCOHOL CONCENTRATION, SO AS TO REVISE THE OFFENSES THAT ARE AFFECTED BY THIS SECTION, TO PROVIDE THAT A PERSON MAY ENROLL IN THE IGNITION INTERLOCK DEVICE PROGRAM AS A ALTERNATE IN LIEU OF OTHER PENALTIES PROVIDED IN THIS SECTION; AND TO AMEND SECTION 56-5-2990, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR A VIOLATION OF CERTAIN ALCOHOL AND DRUG RELATED DRIVING OFFENSES, SO AS TO REVISE THE PENALTIES, AND TO INCLUDE REQUIRING CERTAIN PERSONS TO ENROLL IN THE IGNITION INTERLOCK DEVICES PROGRAM. Rep. QUINN moved to table the motion to reconsider, which was agreed to.
Rep. PATRICK moved that the House recur to the morning hour, which was agreed to.
The following Bill was taken up: H. 3994 (Word version) -- Reps. Patrick, Owens and Rivers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA READ TO SUCCEED ACT" BY ADDING CHAPTER 155 TO TITLE 59, TO ESTABLISH WITHIN THE DEPARTMENT OF EDUCATION THE SOUTH CAROLINA READ TO SUCCEED OFFICE TO IMPLEMENT A COMPREHENSIVE, SYSTEMIC APPROACH TO READING WITH SPECIFIC OBJECTIVES, TO PROVIDE OBLIGATIONS AND REQUIREMENTS OF THE PROGRAM, AND TO PROVIDE NECESSARY DEFINITIONS, AMONG OTHER THINGS.
The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 3994 (COUNCIL\AGM\3994C001. AGM.AB14):
South Carolina Read to Succeed Act Section 59-155-110. There is established within the Department of Education the South Carolina Read to Succeed Office to implement a comprehensive, systemic approach to reading which will ensure that: (1) classroom teachers, use evidence-based reading instruction in prekindergarten through grade twelve to include oral language, phonological awareness, phonics, fluency, vocabulary, and comprehension; administer and interpret valid and reliable assessments; analyze data to inform reading instruction; and provide evidence-based interventions as needed so that all students develop proficiency with literacy skills and comprehension; (2) classroom teachers periodically reassess their curriculum and instruction to determine if they are helping each student progress as a proficient reader and make modifications as appropriate; (3) each student who cannot yet comprehend grade-level texts identified and served as early as possible and at all stages of his or her educational process; (4) each student receives targeted, effective comprehension support from the classroom teacher and, if needed, supplemental support from a reading interventionist so that ultimately all students can comprehend grade-level texts; (5) each student and his parent or guardian is continuously informed in writing of: (a) the student's reading proficiency needs, progress, and ability to comprehend and write grade-level text; (b) specific actions the classroom teacher and other reading professionals have taken and will take to help the student comprehend and write grade-level texts; and (c) specific actions that the parent or guardian can take to help the student comprehend grade-level texts by providing access to books, assuring time for the student to read independently, reading to students, and talking with the student about books; (6) classroom teachers receive preservice and in-service coursework which prepares them to help all students comprehend grade-level text; (7) all students develop reading and writing proficiency to prepare them to graduate and to succeed in career and post-secondary education; and (8) each school district and each school develops and publishes annually a comprehensive research based reading plan that includes intervention options available to students and funding for these services. Section 59-155-120. As used in this chapter: (1) 'Department' means the State Department of Education. (2) 'Board' means the State Board of Education. (3) 'Readiness assessment' means assessments used to analyze students' literacy, mathematical, physical, social, and emotional behavioral competencies in prekindergarten or kindergarten. (4) 'Research based formative assessment' means assessments used within the school year to analyze the strengths and weaknesses in reading comprehension of students individually to adapt instruction to meet individual student needs, make decisions about appropriate intervention services, and inform placement and instructional planning for the next grade level. (5) 'Summative assessment' means state approved assessments administered in grades three through eight and any statewide assessment used in grades nine through twelve to determine student mastery of grade level or content standards. (6) 'Discipline specific literacy' means the ability to read, write, listen, and speak across various disciplines and content areas including, but not limited to, English/language arts, science, mathematics, social studies, physical education, health, the arts, and career and technology education. (7) 'Reading interventions' means individual or group assistance in the classroom and supplemental support based on curricular and instructional decisions made by classroom teachers who have proven effectiveness in teaching reading and an add-on literacy endorsement or reading/literacy coaches who meet the minimum qualifications established in guidelines published by the Department of Education. (8) 'Reading proficiency' means the ability of students to meet state reading standards in kindergarten through grade twelve, demonstrated by readiness, formative or summative assessments. (9) 'Reading proficiency skills' means the ability to understand how written language works at the word, sentence, paragraph, and text level and mastery of the skills, strategies, and oral and written language needed to comprehend grade appropriate texts. (10) 'Third grade reading proficiency' means the ability to read grade-level texts by the end of a student's third grade year as demonstrated by the results of state approved assessments administered to third grade students, or through other assessments as noted in this chapter and adopted by the board. (11) 'Substantially fails to demonstrate third-grade reading proficiency' means a student who does not demonstrate reading proficiency at the end of the third grade as indicated by scoring at the lowest achievement level on the statewide summative reading assessment that equates to Not Met 1 on the Palmetto Assessment of State Standards (PASS). (12) 'Summer reading camp' means an educational program offered in the summer by each local school district for students who are unable to comprehend grade-level text. (13) 'Reading portfolio' means an organized collection of evidence and assessments documenting that the student has demonstrated mastery of the state standards in reading equal to at least a level above the lowest achievement level on the state reading assessment. (14) 'Writing proficiency skills' means the ability to communicate information, analysis, and persuasive points of view effectively in writing. Section 59-155-130. The Read to Succeed Office must guide and support districts and collaborate with university teacher training programs to increase reading proficiency through the following functions including, but not limited to: (1) providing professional development to teachers, school principals, and other administrative staff on reading and writing instruction and reading assessment that informs instruction; (2) providing professional development to teachers, school principals, and other administrative staff on reading and writing in content areas; (3) working collaboratively with institutions of higher learning offering courses in reading and writing and those institutions of higher education offering accredited master's degrees in reading-literacy to design coursework leading to a literacy teacher add-on endorsement by the State; (4) providing professional development in reading coaching for already certified literacy coaches and literacy teachers; (5) developing information and resources that school districts can use to provide workshops for parents about how they can support their children as readers and writers; (6) assisting school districts in the development and implementation of their district reading proficiency plans for research-based reading instruction programs and to assist each of their schools to develop its own implementation plan aligned with the district and state plans; (7) annually designing content and questions for and review and approve the reading proficiency plan of each district; (8) monitor and report to the State Board of Education the yearly success rate of summer reading camps. Districts must provide statistical data to include the: (a) number of students enrolled in camps; (b) number of students by grade level who successfully complete the camps; (c) number of third-graders promoted to fourth grade; (d) number of third-graders retained; and (e) total expenditure made on operating the camps by source of funds to include in-kind donations; and (9) provide an annual report to the General Assembly regarding the implementation of the South Carolina Read to Succeed Act and the State's and districts' progress toward ensuring that ninety-five percent of all students are reading at grade level. Section 59-155-140. (A)(1) The department, with approval by the State Board of Education, will develop, implement, evaluate, and continuously refine a comprehensive state plan to improve reading achievement in public schools. The State Reading Proficiency Plan must be approved by the board by February 1, 2015, and must include, but not be limited to, sections addressing the following components: (a) reading process; (b) professional development to increase teacher reading expertise; (c) professional development to increase reading expertise and literacy leadership of principals and assistant principals; (d) reading instruction; (e) reading assessment; (f) discipline specific literacy; (g) writing proficiency skills; (h) support for struggling readers; (i) early childhood interventions; (j) family support of literacy development; (k) district guidance and support for reading proficiency; (l) state guidance and support for reading proficiency; (m) accountability; and (n) urgency to improve reading proficiency. (2) The plan must be based on reading research and proven effective practices, applied to the conditions prevailing in reading-literacy education in this State, with special emphasis on addressing instructional and institutional deficiencies that can be remedied through faithful implementation of research-based practices. The plan must provide standards, format, and guidance for districts to use to develop and annually update their plans as well as to present and explain the research based rationale for state level actions to be taken. The plan must be updated annually and must incorporate a state reading proficiency progress report. (3) The plan must include specific details and explanations for all substantial uses of state, local, and federal funds promoting reading literacy and best judgment estimates of the cost of research supported, thoroughly analyzed proposals for initiation, expansion, or modification of major funding programs addressing reading and writing. Analyses of funding requirements must be prepared by the department for incorporation into the plan. (B)(1) Beginning in Fiscal Year 2015-2016, each district must prepare a comprehensive annual reading proficiency plan for prekindergarten through twelfth grade consistent with the plan by responding to questions and presenting specific information and data in a format specified by the Read to Succeed Office. Each district's PK-12 reading proficiency plan must present the rationale and details of its blueprint for action and support at the district, school, and classroom levels. Each district should develop a comprehensive plan for supporting the progress of students as readers and writers, monitoring the impact of its plan, and using data to make improvements and to inform its plan for the subsequent years. The model district plan piloted in school districts in 2013-2014 and revised based on the input of districts will be used as the initial district reading plan template implemented in Fiscal Year 2015-2016. (2) Each district PK-12 reading proficiency plan shall: (a) document the reading and writing assessment and instruction planned for all prekindergarten through twelfth grade to be provided to all struggling readers who are not able to comprehend grade-level texts. Supplemental instruction should be provided by teachers who have a literacy teacher add-on endorsement or by reading/literacy coaches and offered during the school day and, as appropriate, before or after school in book clubs, through a summer reading camp, or both; (b) include a system for helping parents understand how they can support the student as a reader at home; (c) provide for the monitoring of reading achievement and growth at the classroom, school and district levels with decisions about intervention based on all available data. (d) ensure that students are provided with wide selections of texts over a wide range of genres and written on a wide range of reading levels to match the reading levels of students; (e) provide teacher training in reading and writing instruction; and (f) include strategically planned and developed partnerships with county libraries, state and local arts organizations, volunteers, social organizations and school media specialists to promote reading. (3)(a) The Read to Succeed Office shall develop the format for the plan and the deadline for districts to submit their plans to the office for approval. A school district that does not submit a plan or whose plan is not approved will receive no state funds for reading until it submits a plan that is approved. All district reading plans must be reviewed and approved by the Read to Succeed Office. The office will provide written comments to each district on its plan and to all districts on common issues raised in prior or newly submitted district reading plans. (b) The Read to Succeed Office will monitor the district and school plans and use their findings to inform the training and support the office provides to districts and schools. (c) The Read to Succeed Office may direct a district that is persistently unable to prepare an acceptable PK-12 reading proficiency plan or to help all students comprehend grade-level texts to enter into a multi district or contractual arrangement to develop an effective intervention plan. (C) Each school must prepare an implementation plan aligned with the plan of its district to enable the district to monitor and support implementation at the school level. The school plan should be a component of the school's strategic plan required by Section 59-18-1310. A school plan should be sufficiently detailed to provide practical guidance for classroom teachers. Proposed strategies for assessment, instruction, and other activities specified in the school plan must be sufficient to provide to classroom teachers and other instructional staff helpful guidance that can be related to the critical reading and writing needs of students in the school. In consultation with the School Improvement Council, each school must include in its plan the training and support that will be provided to parents as needed to maximize their promotion of reading and writing by students at home and in the community. Section 59-155-150. (A) The State Board of Education shall ensure that every student entering the public schools for the first time in prekindergarten and kindergarten will be administered a readiness assessment by the forty-fifth day of the school year. The assessment must assess each child's early language and literacy development, mathematical thinking, physical wellbeing, and social emotional development. The assessment may include multiple assessments, all of which must be approved by the board. The approved assessments of academic readiness must be aligned with first and second grade standards for English language arts and mathematics. The purpose of the assessment is to provide teachers and parents or guardians with information to address the readiness needs of each student, especially by identifying language, cognitive, social, emotional, and health problems, and concerning appropriate instruction and support for each child. The results of the assessments and the developmental intervention strategies recommended to address the child's identified needs must be provided, in writing, to the parent or guardian. Reading instructional strategies and developmental activities for children whose oral language skills are assessed to be below the norm for their peers in the State must be aligned with the district's reading proficiency plan for addressing the readiness needs of each student. The results of each assessment also must be reported to the Read to Succeed Office through an electronic information system. (B) Any student enrolled in prekindergarten, kindergarten, first grade, second grade, or third grade who is substantially not demonstrating proficiency in reading, based upon formal diagnostic assessments or through teacher observations, must be provided intensive in-class and supplemental reading intervention and immediately upon determination. The intensive interventions must be provided as individualized and small group assistance based on the analysis of assessment data. All sustained interventions must be aligned with the district's reading proficiency plan. These interventions must be at least thirty minutes in duration and be in addition to ninety minutes of daily reading and writing instruction provided to all students in kindergarten through grade three. The district must continue to provide intensive in class intervention and at least thirty minutes of supplemental intervention until the student can comprehend and write grade-level text independently. In addition, the parent or guardian of the student must be notified in writing of the child's inability to read grade-level texts during and at the end of the planned interventions. The results of the initial assessments and progress monitoring also must be provided to the Read to Succeed Office for individually identified students. (C) Programs that focus on early childhood literacy development in the State are required to promote: (1) parent training and support for parent involvement in developing children's literacy; and (2) development of oral language, print awareness, and emergent writing; and are encouraged to promote community literacy including, but not limited to, primary health care providers, faith based organizations, county libraries, and service organizations. (3) Districts that fail to provide reports on summer reading camps pursuant to Section 59-15-130(8) are ineligible to receive state funding for summer reading camps for the following fiscal year; however, districts must continue to operate summer reading camps as defined in this act. Section 59-155-160. (A) Beginning with the 2017-2018 school year, a student must be retained in the third grade if the student fails to demonstrate reading proficiency at the end of the third grade as indicated by scoring at the lowest achievement level on the state summative reading assessment that equates to Not Met 1 on the Palmetto Assessment of State Standards (PASS). A student may be exempt for good cause from the mandatory retention but shall continue to receive instructional support and services and reading intervention appropriate for their age and reading level. Good cause exemptions include students: (1) with limited English proficiency and less than two years of instruction in English as a Second Language program; (2) with disabilities whose individualized education plan indicates the use of alternative assessments or alternative reading interventions and students with disabilities whose individual education plan or Section 504 plan reflects that the student has received intensive remediation in reading for more than two years but still does not substantially demonstrate reading proficiency; (3) who demonstrate third grade reading proficiency on an alternative assessment approved by the board and which teachers may administer following the administration of the state assessment of reading and after a student's participation in a summer reading camp; (4) who have received two years of reading intervention and were previously retained; and (5) who through a reading portfolio document the student's mastery of the state standards in reading equal to at least a level above the lowest achievement level on the state reading assessment. Such evidence must be an organized collection of the student's mastery of the State's English/language arts standards that are assessed by the Grade Three state reading assessment. The student portfolio must meet the following criteria: (a) be selected by the student's English/language arts teacher or summer reading camp instructor; (b) be an accurate picture of the student's ability and include only student work that has been independently produced in the classroom; (c) include evidence that the benchmarks assessed by the Grade Three state reading assessment have been met. Evidence is to include multiple choice items and passages that are approximately sixty percent literary text and forty percent information text, and that are between one hundred and seven hundred words with an average of five hundred words. Such evidence could include chapter or unit tests from the district's or school's adopted core reading curriculum that are aligned with the State English/language arts standards or teacher-prepared assessments; (d) be an organized collection of evidence of the student's mastery of the English/language arts state standards that are assessed by the Grade Three state reading assessment. For each benchmark, there must be at least three examples of mastery as demonstrated by a grade of seventy percent or above; and (e) be signed by the teacher and the principal as an accurate assessment of the required reading skills. (B) The superintendent of the local school district must determine whether a student in the district may be exempt from the mandatory retention by taking all of the following steps: (1) The teacher of a student eligible for exemption must submit to the principal documentation on the proposed exemption and evidence that promotion of the student is appropriate. This evidence must be limited to the individual education program, alternative assessments or student reading portfolio. The Read to Succeed Office must provide districts with a standardized form to use in the process. (2) The principal must review the documentation and determine whether the student should be promoted. If the principal determines the student should be promoted, the principal must submit a written recommendation for promotion to the district superintendent for final determination. (3) The district superintendent's acceptance or rejection of the recommendation must be in writing and a copy must be provided to the parent or guardian of the child. (C) Students scoring at the lowest achievement level on the statewide summative reading assessment may enroll in a summer camp prior to being retained the following school year. Summer camps must be six to eight weeks long for four or five days each week and include at least four hours of instructional time daily. The camps must be taught by compensated teachers who have at least a Literacy Endorsement add-on and who have demonstrated substantial success in helping students comprehend grade-level texts. A parent or guardian of a student who does not substantially demonstrate proficiency in comprehending texts appropriate for his grade level must make the final decision regarding the student's participation in the summer camp. A district may offer summer reading camps for students who are not exhibiting reading proficiency in prekindergarten through second grade. The district may charge fees based on a sliding scale pursuant to Section 59-19-90. Students who demonstrate third grade reading proficiency through an alternative assessment or student reading portfolio after completing the summer reading camp qualify for good cause exemptions specified in Section 59-155-160 and promotion to the fourth grade. (D) Retained students must be provided intensive instructional services and supports including a minimum of ninety minutes of daily reading and writing instruction, supplemental instruction, and other strategies prescribed by the school district. These strategies may include, but are not limited to, instruction directly focused on improving the student's individual reading proficiency skills through small group instruction, reduced teacher-student ratios, more frequent student progress monitoring, tutoring or mentoring, transition classes containing students in multiple grade spans, and extended school day, week, or year reading support. The school must report to the Read to Succeed Office on the progress of students in the class at the end of the school year and at other times as required by the office based on the reading progression monitoring requirements of these students. (E) If the student is not demonstrating third-grade reading proficiency by the end of third grade, his parent or guardian must be notified in a timely manner and in writing, that the student will be retained unless exempted from mandatory retention for good cause. The parent or guardian may designate another person as an education advocate also to act on their behalf to receive notification and to assume the responsibility of promoting the reading success of the child. The written notification must include a description of the proposed reading interventions that will be provided to help the student comprehend grade-level texts. The parent, guardian, or other education advocate must receive written reports at least monthly on the student's progress towards being able to read grade-level texts based upon the student's classroom work, observations, tests, assessment, and other information. The parent, guardian, or other education advocate also must be provided with a plan for promoting reading at home, including participation in shared or guided reading workshops for the parent, guardian, or other family members. The parent or guardian of a retained student must be offered supplemental tutoring for the retained student in evidenced-based services outside the instructional day. (F) For students in grades four and above who are substantially not demonstrating reading proficiency, interventions will be provided in the classroom and supplementally by teachers with a Literacy Teacher add-on endorsement or reading/literacy coaches. This supplemental support will be provided during the school day and, as appropriate, before or after school in book clubs or through a summer reading camp. Section 59-155-170. (A) To help students develop and apply their reading and writing skills across the school day in all the academic disciplines, including, but not limited to, English/language arts, mathematics, science, social studies, art, career and technology education, and physical and health education, teachers of these content areas at all grade levels must focus on helping students comprehend print and non-print texts authentic to the content area. The Read to Succeed Program is intended to institutionalize in public schools a comprehensive system to promote high achievement in the content areas described in this chapter through extensive reading and writing. Research-based practices must be employed to promote comprehension skills through, but not limited to: (1) vocabulary; (2) connotation of words; (3) connotations of words in context with adjoining or prior text; (4) concepts from prior text; (5) personal background knowledge; (6) ability to interpret meaning through sentence structure features; (7) questioning; (8) visualization; and (9) discussion of text with peers. (B) These practices must be mastered by teachers through high quality training and addressed through well-designed and effectively executed assessment and instruction implemented with fidelity to research-based instructional practices presented in the state, district, and school reading plans. All teachers, administrators, and support staff must be trained adequately in reading comprehension in order to perform effectively their roles enabling each student to become proficient in content area reading and writing. (C) During the 2014-2015 school year, the Read to Succeed Office will establish a set of essential competencies that describe what certified teachers at the early childhood, elementary, middle, or secondary levels must know and be able to do so that all students can comprehend grade-level texts. These competencies, developed collaboratively with faculty of higher education institutions and based on research and national standards, must then be incorporated into the coursework required by Section 59-155-180. The Read to Succeed Office, in collaboration with South Carolina Educational Television, shall provide professional development courses to ensure that educators have access to multiple avenues of receiving endorsements. Section 59-155-180. (A) As a student progresses through school, reading comprehension in content areas such as science, mathematics, social studies, English/language arts, career and technology education, and the arts is critical to the student's academic success. Therefore, to improve the academic success of all students in prekindergarten through twelfth grade, the State will strengthen its preservice and inservice teacher education programs. (B)(1) Beginning with students entering a teacher education program in the fall semester of the 2016-2017 school year, all pre-service teacher education programs including Master of Arts in Teaching degree programs must require all candidates seeking certification at the early childhood or elementary level to complete a twelve-credit hour sequence in literacy that includes a school-based practicum and ensures that candidates grasp the theory, research and practices that support and guide the teaching of reading. The six components of the reading process that are comprehension, oral language, phonological awareness, phonics, fluency, and vocabulary will provide the focus for this sequence to ensure that all teacher candidates are skilled in diagnosing a child's reading problems and are capable of providing effective intervention. All teacher preparation programs must be approved for licensure by the State Department of Education to ensure that all teacher education candidates possess the knowledge and skills to assist effectively all children in becoming proficient readers. The General Assembly is not mandating an increase in the number of credit hours required for teacher candidates, but is requiring that pre-service teacher education programs prioritize its mission and resources so all early and elementary education teachers have the knowledge and skills to provide effective instruction in reading and numeracy to all students. (2) Beginning with students entering a teacher education program in the fall semester of the 2016-2017 school year, all pre-service teacher education programs, including Master of Arts in Teaching degree programs, must require all candidates seeking certification at the middle or secondary level to complete a six-credit hour sequence in literacy that includes a course in the foundations of literacy and a course in content-area reading. All middle and secondary teacher preparation programs are to be approved by the Read to Succeed Office to ensure that all teacher candidates possess the necessary knowledge and skills to assist effectively all adolescents in becoming proficient readers. (C)(1) To ensure that practicing professionals possess the knowledge and skills necessary to assist all children and adolescents in becoming proficient readers, multiple pathways are needed for developing this capacity. (2)(a) Reading/literacy coaches employed in schools will serve as job-embedded, stable resources for professional development through a school to foster improving in reading instruction and student reading achievement. Beginning in 2015-2016 reading/literacy coaches are required to earn the add-on certification within six years by taking the courses as required by the department for the add-on endorsement. Reading/literacy coaches will support and provide initial and ongoing professional development to teachers based on an analysis of student assessment and the provision of differentiated instruction and intensive intervention. The reading/literacy coach will: (i) model effective instructional strategies for teachers; (ii) facilitate study groups; (iii) train teachers in data analysis and using data to differentiate instruction; coaching and mentoring colleagues; (iv) work with teachers to ensure that research-based reading programs are implemented with fidelity; and (v) help lead and support reading leadership teams. (b) The reading coach must not be assigned a regular classroom teaching assignment, must not perform administrative functions that deter from the role of improving reading instruction and reading performance of students. (3) Beginning in 2015-2016, early childhood and elementary education certified classroom teachers, reading interventionists, and special education teachers who provide learning disability and speech services to students who need to improve substantially their low reading and writing proficiency skills are required to earn the literacy teacher add-on endorsement within ten years of their most recent certification by taking at least two courses or six credit hours every five years, or the equivalent professional development hours as determined by the South Carolina Read to Succeed Office, consistent with existing recertification requirements. The courses leading to the endorsement must be approved by the State Board of Education and must include classes in foundations, assessment, content area reading and writing, instructional strategies, and an embedded or stand-alone practicum. Whenever possible, these courses must be offered at a professional development rate which is lower than the certified teacher rate. Early childhood and elementary education certified classroom teachers, reading specialists, and special education teachers who provide learning disability and speech services to students who need to improve substantially their reading and writing proficiency and who already possess their add-on reading teacher certification can take a content area reading course to obtain their literacy teacher add-on endorsement. Teachers who have earned a masters degree or doctorate degree in reading, who have earned a literacy teacher add-on endorsement, or who have completed an intensive, prolonged professional development program like Reading Recovery or another program that are approved by the State Board of Education in regulation are exempt from this requirement. (4) Beginning in 2015-2016, middle and secondary certified classroom teachers are required to take at least two courses or six credit hours, or the equivalent professional development hours as determined by the South Carolina Read to Succeed Office, to improve reading instruction within five years of their most recent certification. The courses must be approved by the State Board of Education and include courses leading to the literacy teacher add-on endorsement. Coursework in reading must include a course in reading in the content areas. Whenever possible, these courses will be offered at a professional development rate which is lower than the certified teacher rate. Only certified teachers who have earned a masters degree or doctorate degree in reading, who have earned a literacy teacher add-on endorsement, or who have completed an intensive, prolonged professional development program like Reading Recovery or another program as approved by the State Board of Education in regulation are exempt from this requirement. (5) Beginning in 2015-2016, principals and administrators who are responsible for reading instruction or intervention and school psychologists in a school district or school are required to take at least one course or three credit hours within five years of their most recent certification or the equivalent professional development hours as determined by the South Carolina Read to Succeed Office. The course or professional development must include information about reading processes, instruction, and assessment or content area literacy and must be approved by the Read to Succeed Office. (6) Beginning in 2015-2016, reading/literacy coaches are required to earn the add-on certification within six years by taking the courses as required by the department for the add-on. Section 59-155-190. Local school districts are encouraged to create family school community partnerships that focus on increasing the volume of reading, in school and at home, during the year and at home and in the community over the summer. Schools and districts should partner with county libraries, community organizations, local arts organizations, faith-based institutions, pediatric and family practice medical personnel, businesses, and other groups to provide volunteers, mentors, or tutors to assist with the provision of instructional supports, services, and books that enhance reading development and proficiency. A district shall include specific actions taken to accomplish the requirements of this section in its reading proficiency plan. Section 59-155-200. The Read to Succeed Office and each school district must plan for and act decisively to engage the families of students as full participating partners in promoting the reading and writing habits and skills of their children. With support from the Read to Succeed Office, districts and individual schools shall provide families with helpful information about how they can support this progress. This family support must include providing time for their child to read as well as reading to the child. To ensure that all families have access to a considerable number and diverse range of books appealing to their children, schools should develop plans for enhancing home libraries and for accessing books from county libraries and school libraries and to inform families about their child's ability to comprehend grade-level texts and how to interpret information about reading that is sent home. The districts and schools shall help families learn about reading and writing through home visits, open houses, South Carolina ETV, video and audio tapes, websites, and school-family events and collaborations that help link home and school. The information should enable family members to understand the reading and writing skills required for graduation and essential for success in a career.
Section 59-155-210. The board and department shall translate the statutory requirements for reading and writing specified in this act into standards, practices, and procedures for school districts, boards, and their employees and for other organizations as appropriate. In this effort they will solicit the advice of education stakeholders who have a deep understanding of reading as well as school boards, administrators, and others who play key roles in facilitating support for and implementation of effective reading instruction." Rep. PATRICK spoke in favor of the amendment. Reps. J. E. SMITH, SOUTHARD, JEFFERSON, WILLIAMS, KING, R. L. OTT, PUTNAM, THAYER, WHITMIRE, SANDIFER, WHITE, GOVAN, NEAL, PATRICK, KNIGHT, COBB-HUNTER, DOUGLAS, HIOTT, HOSEY, CLYBURN, ANDERSON, WOOD, GILLIARD, OWENS, TAYLOR, J. R. SMITH, ROBINSON-SIMPSON, DILLARD, HUGGINS, BALLENTINE, HIXON, NORRELL and ANTHONY requested debate on the Bill.
The SPEAKER granted Rep. KING a leave of absence for the remainder of the day.
The following Bill was taken up: H. 3949 (Word version) -- Reps. Felder, Spires, Southard, Allison, Erickson, Gagnon, George, Hayes, Horne, Norman, Norrell, Simrill and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-93 SO AS TO DEFINE THE TERM "TOOTH WHITENING"; TO AMEND SECTION 40-15-70, RELATING TO THE PRACTICE OF DENTISTRY, SO AS TO INCLUDE TOOTH WHITENING WITHIN THE PRACTICE OF DENTISTRY; AND TO AMEND SECTION 40-15-102, RELATING TO THE FUNCTIONS A DENTAL HYGIENIST MAY PERFORM IN A PRIVATE DENTAL OFFICE, SO AS TO INCLUDE TOOTH WHITENING. Rep. PARKS explained the Bill. Rep. K. R. CRAWFORD moved to recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs. Rep. PARKS moved to table the motion. Rep. HIOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Alexander Anderson Anthony Bales Bowen Bowers Clyburn Cobb-Hunter Dillard Douglas Erickson Felder Funderburk Gilliard Govan Hardee Harrell Hayes Hodges Hosey Howard Jefferson Knight Mack McEachern M. S. McLeod W. J. McLeod Munnerlyn Neal Norrell R. L. Ott Parks Pope Ridgeway Robinson-Simpson Sabb Southard Spires Stavrinakis Vick Weeks Whipper White Williams
Those who voted in the negative are: Allison Atwater Ballentine Bannister Bedingfield Bingham Branham Brannon Burns Chumley Clemmons Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Edge Finlay Forrester Gagnon Goldfinch Hamilton Hardwick Henderson Hiott Hixon Horne Huggins Limehouse Loftis McCoy Merrill D. C. Moss V. S. Moss Murphy Nanney Newton Norman Owens Patrick Pitts Putnam Riley Rivers Ryhal Sandifer Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Stringer Tallon Taylor Thayer Toole Wells Whitmire Willis Wood
So, the House refused to table the motion to recommit. The question then recurred to the motion to recommit the Bill. Rep. BEDINGFIELD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are: Allison Atwater Ballentine Bannister Bedingfield Bingham Bowen Brannon Burns Chumley Clemmons Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Erickson Finlay Forrester Gagnon Goldfinch Hamilton Hardwick Henderson Hiott Hixon Horne Huggins Limehouse Loftis McCoy Merrill V. S. Moss Murphy Nanney Newton Norman Owens Patrick Putnam Rivers Sandifer Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Stringer Tallon Taylor Thayer Toole Wells Whitmire Willis Wood
Those who voted in the negative are: Alexander Anderson Anthony Bales Bowers Branham G. A. Brown Clyburn Cobb-Hunter Dillard Douglas Edge Felder Funderburk George Gilliard Govan Hardee Harrell Hayes Hodges Hosey Howard Jefferson Knight Mack McEachern M. S. McLeod W. J. McLeod D. C. Moss Munnerlyn Neal Norrell R. L. Ott Parks Pitts Pope Ridgeway Riley Robinson-Simpson Rutherford Ryhal Sabb J. E. Smith Southard Spires Stavrinakis Vick Weeks Whipper White Williams
So, the motion to recommit the Bill was agreed to.
The following Bill was taken up: H. 4527 (Word version) -- Reps. Felder, D. C. Moss, Brannon, Allison, Daning, Crosby, V. S. Moss, Hosey, Sottile, Clyburn, Kennedy, Spires, Quinn, R. L. Brown, Cole, Forrester, Pope, Rivers, Wood and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-195 SO AS TO ESTABLISH "A DAY OF RECOGNITION FOR VETERANS' SPOUSES AND FAMILIES" ON THE DAY AFTER THANKSGIVING DAY EACH YEAR. Rep. WILLIAMS explained the Bill. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Alexander Allison Anderson Anthony Atwater Bales Ballentine Bannister Bedingfield Bingham Bowen Bowers Branham Brannon G. A. Brown Burns Chumley Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Dillard Douglas Edge Erickson Felder Finlay Forrester Funderburk Gagnon George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Harrell Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Knight Limehouse Mack McCoy McEachern M. S. McLeod W. J. McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Nanney Neal Newton Norman Norrell R. L. Ott Owens Parks Patrick Pitts 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 Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper White Whitmire Williams Willis Wood
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up: H. 4665 (Word version) -- Reps. H. A. Crawford, Erickson, Atwater, Allison, Clemmons, Gagnon, Goldfinch, Hardee, Hardwick, Harrell, Henderson, Horne, Nanney, Putnam, Quinn, Ryhal and Knight: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-13-185 SO AS TO PROHIBIT THE ADMINISTRATION OF MEDICATION TO A MINOR CHILD BY AN EMPLOYEE OR VOLUNTEER OF A CHILDCARE FACILITY WITHOUT PARENTAL PERMISSION, TO INCLUDE EXCEPTIONS IN CIRCUMSTANCES OF EMERGENCIES, TO REQUIRE CHILDCARE FACILITIES TO MAINTAIN RECORDS THAT DOCUMENT RECEIPT OF PARENTAL PERMISSION, AND TO PROVIDE CRIMINAL PENALTIES. Rep. WHITE moved to adjourn debate on the Bill until Thursday, April 3, which was agreed to.
The following Bill was taken up:
S. 842 (Word version) -- Senator Cleary: A BILL TO AMEND CHAPTER 12, TITLE 25 OF THE 1976 CODE, RELATING TO VETERAN'S UNCLAIMED CREMATED REMAINS, TO PROVIDE THAT A CORONER MAY WORK WITH A VETERANS SERVICE ORGANIZATION TO PROVIDE FOR THE DISPOSITION OF UNCLAIMED CREMATED REMAINS OF A VETERAN PURSUANT TO THE PROVISIONS CONTAINED IN THIS CHAPTER. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Allison Anderson Anthony Atwater Bales Ballentine Bannister Bedingfield Bingham Bowen Bowers Branham Brannon G. A. Brown Burns Chumley Clemmons Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Douglas Edge Erickson Felder Finlay Forrester Funderburk Gagnon George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Harrell Hayes Henderson Herbkersman Hiott Hixon Hodges Hosey Howard Huggins Jefferson Knight Limehouse Loftis Lucas Mack McCoy McEachern M. S. McLeod W. J. McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Neal Newton Norman Norrell R. L. Ott Owens Parks Patrick Pitts Pope Putnam Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Sandifer Sellers Simrill G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Southard Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper White Whitmire Williams Willis Wood
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up: S. 714 (Word version) -- Senator Hutto: A BILL TO AMEND CHAPTER 15, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONGAME AND ENDANGERED SPECIES CONSERVATION ACT, SO AS TO RENAME THIS CHAPTER "NONGAME AND ENDANGERED SPECIES", TO DESIGNATE THE CHAPTER'S EXISTING SECTIONS AS "ARTICLE 1 NONGAME AND ENDANGERED WILDLIFE SPECIES", TO DELETE THE SECTION THAT REGULATES ALLIGATOR HUNTING, CONTROL, AND MANAGEMENT, AND TO ADD ARTICLE 3 TO THIS CHAPTER WHICH IS ENTITLED THE "SOUTH CAROLINA CAPTIVE ALLIGATOR PROPAGATION ACT" WHICH ALLOWS THE DEPARTMENT OF NATURAL RESOURCES TO REGULATE THE BUSINESS OF PROPAGATING ALLIGATORS FOR COMMERCIAL PURPOSES AND THE HUNTING, CONTROL, AND MANAGEMENT OF ALLIGATORS. Rep. V. S. MOSS explained the Bill. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Allison Anderson Anthony Atwater Bales Ballentine Bannister Bedingfield Bingham Bowen Bowers Branham Brannon G. A. Brown Burns Chumley Clemmons Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Delleney Dillard Douglas Edge Erickson Finlay Forrester Funderburk Gagnon George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Hayes Henderson Herbkersman Hiott Hixon Hodges Hosey Howard Huggins Jefferson Knight Limehouse Loftis Lucas Mack McCoy McEachern M. S. McLeod W. J. McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Neal Newton Norman Norrell R. L. Ott Owens Parks Patrick Pitts Pope Putnam Ridgeway Riley Rivers Robinson-Simpson Ryhal Sandifer Sellers Simrill 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 Wood
Those who voted in the negative are:
So, the Bill was read the second time and 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. Reps. BEDINGFIELD, SANDIFER, WHITMIRE, DANING, RIVERS, SOUTHARD, RILEY, FORRESTER, ALLISON, WOOD, CHUMLEY, BRANNON, HIOTT, WELLS, HARDWICK, J. R. SMITH, HIXON, RYHAL, NANNEY, G. R. SMITH, H. A. CRAWFORD, G. A. BROWN, ANDERSON and GEORGE requested debate on the Bill.
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. VICK explained the Bill.
Reps. THAYER, GAGNON, PUTNAM, WHITE, SANDIFER, MURPHY, WHITMIRE, BOWEN, JEFFERSON, R. L. OTT, SABB, GEORGE, ERICKSON, VICK, ANTHONY, TALLON, FORRESTER, ANDERSON, HOSEY, HIOTT, G. A. BROWN, HARDWICK, RYHAL, WOOD, HIXON, J. R. SMITH, H. A. CRAWFORD, G. R. SMITH, BEDINGFIELD and EDGE requested debate on the Bill.
Rep. HARDWICK moved that the House recur to the morning hour, which was agreed to.
The following was received:
Columbia, S.C., April 2, 2014 The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at a mutually convenient time for the purpose of ratifying Acts.
Very respectfully, On motion of Rep. HARDWICK the invitation was accepted.
The following Bill was taken up: S. 1010 (Word version) -- Senators McGill, Cleary and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 50 SO AS TO CREATE THE TOM YAWKEY CENTER TRUST FUND. Rep. WHITE moved to adjourn debate on the Bill until Tuesday, April 8, which was agreed to.
The following Bill was taken up:
S. 1028 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 50-25-1010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT ON TUGALO LAKE, SO AS TO INCREASE THE AMOUNT OF HORSEPOWER A WATERCRAFT Rep. VICK explained the Bill. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Allison Anderson Anthony Atwater Bales Bannister Bedingfield Bingham Bowen Bowers Branham Brannon G. A. 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 George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Knight Limehouse Loftis Lucas Mack McCoy McEachern M. S. McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Neal Newton Norman Norrell R. L. Ott Owens Parks Patrick Pitts Pope Putnam Ridgeway Riley Rivers Rutherford Ryhal Sabb Sandifer Simrill Skelton G. R. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells White Whitmire Williams Willis Wood
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up: H. 4864 (Word version) -- Rep. Gambrell: A BILL TO AMEND SECTION 46-21-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED LABELS AND TAGS FOR CONTAINERS OF AGRICULTURAL, VEGETABLE, AND FLOWER SEEDS, SO AS TO REVISE CERTAIN OF THESE LABELING AND TAGGING REQUIREMENTS. Rep. HODGES explained the Bill. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Allison Anderson Anthony Atwater Bales Ballentine Bannister Bedingfield Bingham Bowen Bowers Branham Brannon G. A. Brown Burns Chumley Clemmons Clyburn Cobb-Hunter Cole K. R. Crawford Crosby Daning Delleney Dillard Douglas Edge Erickson Felder Finlay Forrester Funderburk Gagnon George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Hayes Henderson Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Knight Limehouse Loftis Lucas Mack McCoy McEachern M. S. McLeod W. J. McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Newton Norman Norrell R. L. Ott Owens Parks Patrick Pitts Pope Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Ryhal Sabb Sandifer Simrill Skelton G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper White Whitmire Williams Willis Wood
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The SPEAKER granted Rep. FINLAY a leave of absence for the remainder of the day.
The following Bill was taken up: H. 4993 (Word version) -- Rep. Barfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-125 SO AS TO DESIGNATE THE THIRD SATURDAY IN SEPTEMBER AS "AYNOR HARVEST HOE-DOWN FESTIVAL WEEKEND". Rep. CLEMMONS explained the Bill. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Allison Anderson Anthony Bales Ballentine Bannister Bedingfield Bingham Bowen Bowers Branham Brannon G. A. Brown Burns Chumley Clemmons Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Dillard Douglas Erickson Felder Forrester Funderburk Gagnon George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Knight Limehouse Loftis Lucas McCoy McEachern M. S. McLeod W. J. McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Newton Norman Norrell R. L. Ott Owens Parks Patrick Pitts Pope Putnam Ridgeway Riley Rivers Ryhal Sabb Sandifer Simrill Skelton J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Vick Weeks Wells White Whitmire Williams Willis Wood
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Joint Resolution was taken up: H. 4994 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CRITICAL CONGENITAL HEART DEFECTS SCREENING ON NEWBORNS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4429, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. Rep. RYHAL explained the Joint Resolution. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Allison Anderson Anthony Atwater Bales Ballentine Bannister Bedingfield Bingham Bowen Bowers Branham Brannon G. A. Brown Burns Chumley Clemmons Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Dillard Douglas Edge Erickson Felder Forrester Funderburk Gagnon George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Knight Limehouse Loftis Lucas McCoy McEachern M. S. McLeod W. J. McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Newton Norman Norrell R. L. Ott Owens Parks Patrick Pitts Pope Putnam Ridgeway Riley Rivers Ryhal Sabb Sandifer Simrill Skelton G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper White Whitmire Williams Willis Wood
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
The following Joint Resolution was taken up: H. 4995 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4447, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. Rep. PARKS explained the Joint Resolution. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Allison Anderson Anthony Atwater Bales Ballentine Bannister Bedingfield Bowen Bowers Branham Brannon G. A. Brown Burns Chumley Clemmons Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Dillard Douglas Edge Erickson Felder Forrester Funderburk Gagnon George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Knight Limehouse Loftis Lucas Mack McCoy McEachern M. S. McLeod W. J. McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Neal Newton Norman Norrell R. L. Ott Owens Parks Patrick Pitts Pope Putnam Quinn Ridgeway Rivers Robinson-Simpson Ryhal Sabb Sandifer Sellers Simrill Skelton G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper White Whitmire Williams Willis Wood
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
The following Bill was taken up: H. 4476 (Word version) -- Rep. Weeks: A BILL TO AMEND SECTION 56-5-2953, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING OF AN INCIDENT SITE AND BREATH TEST SITE WHEN A PERSON IS CHARGED WITH A TRAFFIC OFFENSE RELATED TO THE UNLAWFUL USE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE, SO AS TO PROVIDE THAT THE VIDEO RECORDING TAKEN AT THE BREATH TEST SITE ALSO MUST INCLUDE AN AUDIBLE RECORDING.
The Committee on Judiciary proposed the following Amendment No. 1 to H. 4476 (COUNCIL\GGS\4476C001.GGS.AHB14): Section 56-5-2953. (A) A person who violates Section 56-5-2930, 56-5-2933, or 56-5-2945 must have his conduct at the incident site and the breath test site video recorded. (1)(a) The video recording at the incident site must: (i) not begin later than the activation of the officer's blue lights; (ii) include an audio recording; (iii) include any field sobriety tests administered; and
(b) A refusal to take a field sobriety test does not constitute disobeying a police command. (2) The video recording at the breath test site must: (a) include the entire breath test procedure, the person being informed that he is being video recorded, and that he has the right to refuse the test; (b) include the person taking or refusing the breath test and the actions of the breath test operator while conducting the test; and (c) also include the person's conduct during the required twenty-minute pretest waiting period, unless the officer submits a sworn affidavit certifying that it was physically impossible to video record this waiting period. (3) The video recordings of the incident site and of the breath test site are admissible pursuant to the South Carolina Rules of Evidence in a criminal, administrative, or civil proceeding by any party to the action.
(B) Nothing in this section may be construed as prohibiting the introduction of other relevant evidence in the trial of a violation of Section 56-5-2930, 56-5-2933, or 56-5-2945. Failure by the arresting officer to produce the video or audio recording required by this section is not alone a ground for dismissal of any charge made pursuant to Section 56-5-2930, 56-5-2933, or 56-5-2945 if the arresting officer submits a sworn affidavit certifying that the video or audio recording equipment at the time of the arrest or probable cause determination, or video equipment at the breath test facility was in an inoperable condition, stating which reasonable efforts have been made to maintain the equipment in an operable condition, and certifying that there was no other operable breath test facility available in the county or, in the alternative, submits a sworn affidavit certifying that it was physically impossible to produce the video or audio recording because the person needed emergency medical treatment, or exigent circumstances existed. In circumstances including, but not limited to, road blocks, traffic accident investigations, and citizens' arrests, where an arrest has been made and the video and audio recording equipment (C) A video or audio recording must not be disposed of in any manner except for its transfer to a master recording for consolidation purposes until the results of any legal proceeding in which it may be involved are finally determined. (D) SLED is responsible for purchasing, maintaining, and supplying all necessary video recording equipment for use at the breath test sites. SLED also is responsible for monitoring all breath test sites to ensure the proper maintenance of video recording equipment. The Department of Public Safety is responsible for purchasing, maintaining, and supplying all videotaping and audio equipment for use in all law enforcement vehicles used for traffic enforcement. The Department of Public Safety also is responsible for monitoring all law enforcement vehicles used for traffic enforcement to ensure proper maintenance of video and audio recording equipment. (E) Beginning one month from the effective date of this section, all of the funds received in accordance with Section 14-1-208(C)(9) must be expended by SLED to equip all breath test sites with video recording devices and supplies. Once all breath test sites have been equipped fully with video recording devices and supplies, eighty-seven and one-half percent of the funds received in accordance with Section 14-1-208(C)(9) must be expended by the Department of Public Safety to purchase, maintain, and supply video recording equipment for vehicles used for traffic enforcement. The remaining twelve and one-half percent of the funds received in accordance with Section 14-1-208(C)(9) must be expended by SLED to purchase, maintain, and supply video recording equipment for the breath test sites. Funds must be distributed by the State Treasurer to the Department of Public Safety and SLED on a monthly basis. The Department of Public Safety and SLED are authorized to carry forward any unexpended funds received in accordance with Section 14-1-208(C)(9) as of June thirtieth of each year and to expend these carried forward funds for the purchase, maintenance, and supply of video recording equipment. The Department of Public Safety and SLED must report the revenue received under this section and the expenditures for which the revenue was used as required in the department's and SLED's annual appropriation request to the General Assembly. (F) The Department of Public Safety and SLED must promulgate regulations necessary to implement the provisions of this section.
(G) The provisions contained in Section 56-5-2953(A), (B), and (C) take effect for each law enforcement vehicle used for traffic enforcement once the law enforcement vehicle is equipped with a video recording device. The provisions contained in Section 56-5-2953(A), (B), and (C) take effect for a breath test site once the breath test site is equipped with a video recording device." Rep. WEEKS explained the amendment. Rep. ATWATER moved to adjourn debate on the Bill until Tuesday, April 8, which was agreed to.
The following Bill was taken up: H. 3959 (Word version) -- Reps. Kennedy, Quinn, Spires, Huggins, Atwater, Bingham, Delleney, Felder, Finlay, D. C. Moss, Norman, Pope, Sellers, Simrill, Tallon, Weeks, Wood and Whipper: A BILL TO AMEND SECTION 16-15-395, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIRST DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCLUDE THE APPEARANCE OF A MINOR IN A STATE OF SEXUALLY EXPLICIT NUDITY IN THE PURVIEW OF THE OFFENSE; TO AMEND SECTION 16-15-405, AS AMENDED, RELATING TO SECOND DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCLUDE THE APPEARANCE OF A MINOR IN A STATE OF SEXUALLY EXPLICIT NUDITY IN THE PURVIEW OF THE OFFENSE AND INCREASE THE MAXIMUM PENALTY FROM TEN TO FIFTEEN YEARS; AND TO AMEND SECTION 16-15-410, AS AMENDED, RELATING TO THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCLUDE THE APPEARANCE OF A MINOR IN A STATE OF SEXUALLY EXPLICIT NUDITY IN THE PURVIEW OF THE OFFENSE. Rep. WEEKS moved to adjourn debate on the Bill until Thursday, April 3, which was agreed to. Rep. CLEMMONS moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following: H. 5019 (Word version) -- Reps. Pitts, Willis, Anthony, Alexander, Allison, Anderson, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Norrell, R. L. Ott, Owens, Parks, Patrick, 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 and Wood: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR HUNTER BOND OF LAURENS COUNTY FOR HIS SUCCESS AND SKILL AS A BASS FISHERMAN AND TO CONGRATULATE HIM FOR WINNING THE 2014 SOUTH CAROLINA STATE CHAMPIONSHIP OF THE BASS FEDERATION/FORREST L. WOOD HIGH SCHOOL OPEN. H. 5020 (Word version) -- Reps. 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, 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, 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 COMMEND FORESTBROOK MIDDLE SCHOOL IN MYRTLE BEACH FOR OUTSTANDING WORK IN EDUCATING STUDENTS AND TO CONGRATULATE THE ADMINISTRATION, FACULTY, STAFF, STUDENTS, AND PARENTS FOR BEING HONORED AS A 2014 PALMETTO'S FINEST AWARD WINNER. H. 5021 (Word version) -- Reps. 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, 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, 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 COMMEND MIDLAND ELEMENTARY SCHOOL IN GALIVANTS FERRY FOR OUTSTANDING WORK IN EDUCATING STUDENTS AND TO CONGRATULATE THE ADMINISTRATION, FACULTY, STAFF, STUDENTS, AND PARENTS FOR BEING HONORED AS A 2014 PALMETTO'S FINEST AWARD WINNER. H. 5025 (Word version) -- Reps. Pitts, Willis, Anthony, Alexander, Allison, Anderson, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Norrell, R. L. Ott, Owens, Parks, Patrick, 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 and Wood: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR GEORGE LEWIS COMPTON OF LAURENS COUNTY FOR HIS SUCCESS AND SKILL AS A BASS FISHERMAN AND TO CONGRATULATE HIM FOR WINNING THE 2014 SOUTH CAROLINA STATE CHAMPIONSHIP OF THE BASS FEDERATION/FORREST L. WOOD HIGH SCHOOL OPEN. H. 5029 (Word version) -- Rep. Funderburk: A CONCURRENT RESOLUTION TO CONGRATULATE JACK BRANTLEY OF KERSHAW COUNTY ON RECEIVING THE NATIONAL SOCIETY DAR COMMUNITY SERVICE AWARD, PRESENTED BY THE HOBKIRK HILL CHAPTER OF THE DAUGHTERS OF THE AMERICAN REVOLUTION.
At 4:52 p.m. the House, in accordance with the motion of Rep. BERNSTEIN, adjourned in memory of Shepard Roy "Shep" Cutler of Columbia, to meet at 10:00 a.m. tomorrow.
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