South Carolina General Assembly
119th Session, 2011-2012
Journal of the House of Representatives

Tuesday, June 26, 2012
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 1:00 p.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Psalm 29:11: "May the Lord give strength to His people! May the Lord bless His people with peace."
Let us pray. Lord, direct these Representatives in taking care of the today's agenda, that would benefit the citizens of South Carolina. You alone, Lord, make everything work for the good of Your people. Sustain these women and men in the work set before them. Bless our Nation, State, and all those who labor for the benefit of others. Protect our defenders of freedom, at home and abroad, as they protect us. Heal the wounds, those seen and those hidden, of our brave warriors. Lord, in Your mercy, hear our prayer. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Thursday, June 21, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. ERICKSON moved that when the House adjourns, it adjourn in memory of Doris Fagan Brantley of Ridgeland, wife of Representative Brantley, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the family of Representative Brantley in the death of his wife, Doris Fagan Brantley.

STATEMENT FOR THE JOURNAL

On the occasion of the death of Mrs. Doris Fagan Brantley, please allow me to express my condolences and sympathy and concern for the family of Mrs. Brantley, especially her husband, Rep. Curtis Brantley, with whom I have had the privilege of serving with on the Hampton Delegation for six years. During that time I learned how devoted Representative Brantley has been to his wife during her illness.
Rep. Bill Bowers

RATIFICATION OF ACTS
FOR JUNE 22, 2012

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 22, 2012, at 4:00 P.M. and the following Acts were ratified:

(R313, S. 1088 (Word version)) -- Senators McConnell, Ford and Knotts: AN ACT TO AMEND SECTION 1-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA COMMISSION ON HUMAN AFFAIRS, SO AS TO PROVIDE FOR REPRESENTATION ON THE COMMISSION FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 1-15-10, AS AMENDED, RELATING TO THE COMMISSION ON WOMEN, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 1-31-10, RELATING TO THE STATE COMMISSION FOR MINORITY AFFAIRS, SO AS TO PROVIDE FOR REPRESENTATION ON THE COMMISSION FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 6-19-30, RELATING TO THE ADVISORY COMMITTEE FOR STATE GRANTS TO PUBLIC WATER AND SEWER AUTHORITIES, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 8-13-310, RELATING TO STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 13-1-1050, AS AMENDED, RELATING TO THE AERONAUTICS COMMISSION, SO AS TO PROVIDE FOR REPRESENTATION ON THE COMMISSION FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 13-17-40, AS AMENDED, RELATING TO THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE FOR REPRESENTATION ON THE AUTHORITY FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 24-21-10, AS AMENDED, RELATING TO THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO PROVIDE FOR REPRESENTATION ON THE BOARD FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 25-19-10, RELATING TO THE SOUTH CAROLINA PRISONER OF WAR COMMISSION, SO AS TO PROVIDE FOR REPRESENTATION ON THE COMMISSION FROM THE CREATION OF THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 40-57-40, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA REAL ESTATE COMMISSION, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 40-59-10, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 40-69-10, RELATING TO THE MEMBERSHIP OF THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS, SO AS TO PROVIDE FOR THE APPOINTMENT OF ONE ADDITIONAL MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 40-81-50, RELATING TO THE MEMBERSHIP OF THE STATE ATHLETIC COMMISSION, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 41-43-30, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA JOBS - ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 43-25-10, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA COMMISSION FOR THE BLIND, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 43-31-40, RELATING TO THE MEMBERSHIP OF THE STATE AGENCY OF VOCATIONAL REHABILITATION, SO AS TO ELIMINATE THE AT-LARGE SEAT AND REPLACE IT WITH A MEMBER FROM THE NEWLY CREATED SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 48-4-30, RELATING TO THE GOVERNING BOARD OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE FOR REPRESENTATION ON THE BOARD FROM THE SEVENTH CONGRESSIONAL DISTRICT, TO PROVIDE FOR THE APPOINTMENT OF THE BOARD CHAIRMAN, AND TO CLARIFY THE DATES UPON WHICH THE CURRENT MEMBERS' TERMS SHALL TERMINATE; TO AMEND SECTION 48-39-40, RELATING TO THE COASTAL ZONE MANAGEMENT APPELLATE PANEL, SO AS TO INCREASE THE MEMBERSHIP FROM FOURTEEN TO FIFTEEN WITH MEMBERS APPOINTED FROM EACH CONGRESSIONAL DISTRICT; TO AMEND SECTION 48-39-45, RELATING TO THE COASTAL ZONE MANAGEMENT ADVISORY COUNCIL, SO AS TO INCREASE THE MEMBERSHIP FROM FOURTEEN TO FIFTEEN WITH MEMBERS APPOINTED FROM EACH CONGRESSIONAL DISTRICT; TO AMEND SECTION 48-59-40, RELATING TO THE BOARD OF THE SOUTH CAROLINA CONSERVATION BANK, SO AS TO INCREASE THE MEMBERSHIP FROM TWELVE TO FOURTEEN, INCLUDING ONE MEMBER FROM THE NEWLY CREATED SEVENTH CONGRESSIONAL DISTRICT AND ONE NEW MEMBER FROM THE STATE AT LARGE; TO AMEND SECTION 51-13-1720, RELATING TO THE BOARD OF REGENTS OF THE OLD JACKSONBOROUGH HISTORIC DISTRICT, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO TEN WITH THE ADDITIONAL MEMBER APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 51-17-50, AS AMENDED, RELATING TO THE HERITAGE TRUST ADVISORY BOARD, SO AS TO INCREASE THE MEMBERSHIP WITH THE ADDITIONAL MEMBER APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 51-18-60, AS AMENDED, RELATING TO THE WAR BETWEEN THE STATES ADVISORY BOARD, SO AS TO INCREASE THE MEMBERSHIP FROM ELEVEN TO THIRTEEN WITH ONE ADDITIONAL MEMBER APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT AND ONE MEMBER APPOINTED BY THE GOVERNOR AT LARGE; TO AMEND SECTION 51-22-30, RELATING TO THE LEGACY TRUST FUND BOARD, SO AS TO INCREASE THE MEMBERSHIP FROM FIFTEEN TO SEVENTEEN WITH TWO ADDITIONAL MEMBERS APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 58-3-20, AS AMENDED, RELATING TO THE COMPOSITION OF THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR REPRESENTATION ON THE COMMISSION FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 58-31-20, AS AMENDED, RELATING TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY BOARD OF DIRECTORS, SO AS TO INCREASE THE MEMBERSHIP FROM ELEVEN TO TWELVE WITH MEMBERS APPOINTED FROM EACH CONGRESSIONAL DISTRICT, AND TO IMPOSE EXPERIENCE REQUIREMENTS; TO AMEND SECTION 59-26-50, RELATING TO THE EDUCATOR IMPROVEMENT TASK FORCE, SO AS TO INCREASE THE MEMBERSHIP FROM TWELVE TO THIRTEEN WITH ONE ADDITIONAL MEMBER APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 59-53-610, RELATING TO THE DENMARK TECHNICAL COLLEGE AREA COMMISSION, SO AS TO PROVIDE THAT THE MEMBERS OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION FROM THE SIXTH CONGRESSIONAL DISTRICT INSTEAD OF THE THIRD CONGRESSIONAL DISTRICT IS A MEMBER OF THE COMMISSION EX OFFICIO; TO AMEND SECTION 63-11-700, RELATING TO THE BOARD OF THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, SO AS TO ELIMINATE THE AT-LARGE SEAT AND REPLACE IT WITH A MEMBER FROM THE NEWLY CREATED SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 63-11-920, RELATING TO THE SOUTH CAROLINA CHILDREN'S TRUST FUND BOARD OF DIRECTORS, SO AS TO ELIMINATE ONE OF THE AT-LARGE SEATS, REPLACING IT INSTEAD WITH A MEMBER FROM THE NEWLY CREATED SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 63-19-610, RELATING TO THE STATE BOARD OF JUVENILE PAROLE, SO AS TO REDUCE THE BOARD'S MEMBERSHIP FROM TEN TO SEVEN MEMBERS, AND TO CLARIFY RESOURCES THAT THE DEPARTMENT OF JUVENILE JUSTICE SHALL CONTINUE TO PROVIDE TO THE BOARD; AND TO INCLUDE LEGISLATIVE FINDINGS AND PROVISIONS REGARDING CONTINUATION OF SERVICE ON CERTAIN BOARDS, COMMISSIONS, OR COMMITTEES AFFECTED BY CONGRESSIONAL REDISTRICTING.

(R314, S. 1137 (Word version)) -- Senator Shoopman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 40-3-325 AND 40-22-295 SO AS TO ENACT THE "ARCHITECTS' AND ENGINEERS' VOLUNTEER ACT" WHICH PROVIDES SPECIFIED IMMUNITY FOR A REGISTERED ARCHITECT OR ENGINEER WHO PROVIDES CERTAIN VOLUNTARY ARCHITECTURAL OR ENGINEERING SERVICES AT THE SCENE OF A DECLARED STATE OR NATIONAL EMERGENCY AT THE REQUEST OF THE GOVERNOR, TO PROVIDE EXCEPTIONS TO THIS IMMUNITY, AND TO PROVIDE THE CONDITIONS AND CIRCUMSTANCES UNDER WHICH THIS GRANT OF IMMUNITY IS APPLICABLE.

(R315, S. 1229 (Word version)) -- Senators O'Dell and Ford: AN ACT TO AMEND SECTION 38-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF INSURANCE ADJUSTERS, SO AS TO PROVIDE SPECIFIC EXEMPTIONS FROM LICENSURE, TO DEFINE TERMS, AND TO PROVIDE AN ADJUSTER LICENSED UNDER THIS CHAPTER MUST REVIEW THE DENIAL OF A CLAIM CONTESTED BY AN INSURED.

(R316, H. 3124 (Word version)) -- Reps. Pitts and G.R. Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLES 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, AND 131 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "DISTINGUISHED SERVICE MEDAL" SPECIAL LICENSE PLATES, "SECOND AMENDMENT" SPECIAL LICENSE PLATES, "HISTORIC" SPECIAL MOTOR VEHICLE LICENSE PLATES, "DISTINGUISHED SERVICE CROSS" SPECIAL LICENSE PLATES, "DEPARTMENT OF NAVY" SPECIAL LICENSE PLATES, "PARENTS AND SPOUSES OF ACTIVE DUTY OVERSEAS VETERANS" SPECIAL LICENSE PLATES, "STATE FLAG" SPECIAL LICENSE PLATES, "SOUTH CAROLINA HIGHWAY PATROL-RETIRED" LICENSE PLATES, "I SUPPORT LIBRARIES" SPECIAL LICENSE PLATES, "SOUTH CAROLINA EDUCATOR" SPECIAL LICENSE PLATES, "BEACH MUSIC" SPECIAL LICENSE PLATES, "CITADEL ALUMNI ASSOCIATION 'BIG RED'" SPECIAL LICENSE PLATES, "LARGE MOUTH BASS" SPECIAL LICENSE PLATES, "HIGH SCHOOL" SPECIAL LICENSE PLATES, "SOUTH CAROLINA WILDLIFE FEDERATION" SPECIAL LICENSE PLATES, "DR. MARY MCLEOD BETHUNE" SPECIAL LICENSE PLATES, "GADSDEN FLAG" SPECIAL LICENSE PLATES, "ACTIVE DUTY MEMBERS OF THE UNITED STATES ARMED FORCES" SPECIAL LICENSE PLATES, "2010-11 BASEBALL NATIONAL CHAMPIONS" SPECIAL LICENSES PLATES, AND "COMBAT-RELATED DISABLED VETERAN" SPECIAL LICENSE PLATES; TO AMEND ARTICLE 65, CHAPTER 3, TITLE 56, RELATING TO THE ISSUANCE OF "BOY SCOUTS OF AMERICA" SPECIAL LICENSE PLATES, SO AS TO MAKE TECHNICAL CHANGES AND TO PROVIDE FOR THE ISSUANCE OF "EAGLE SCOUTS OF AMERICA" SPECIAL LICENSE PLATES; TO AMEND SECTION 56-3-2150, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO CERTAIN CURRENT AND FORMER ELECTED OFFICIALS AND JUDICIAL OFFICERS, SO AS TO INCREASE THE NUMBER OF SPECIAL LICENSE PLATES THAT A CORONER MAY BE ISSUED FROM ONE TO TWO; TO AMEND SECTION 56-3-1240, AS AMENDED, RELATING TO THE DISPLAY OF A LICENSE PLATE, SO AS TO PROVIDE THAT A FRAME MAY BE PLACED ON A LICENSE PLATE UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-3-10410, RELATING TO THE ISSUANCE OF "VETERAN" SPECIAL LICENSE PLATES, SO AS TO PROVIDE FOR THE PLACEMENT OF THE WHEELCHAIR SYMBOL ON CERTAIN "VETERAN" LICENSE PLATES; TO AMEND SECTION 56-3-3310, AS AMENDED, RELATING TO THE ISSUANCE OF "PURPLE HEART" SPECIAL LICENSE PLATES, SO AS TO INCREASE THE NUMBER OF LICENSE PLATES THAT MAY BE ISSUED TO A PERSON FROM ONE TO THREE AND TO PROVIDE A FEE FOR THE THIRD LICENSE PLATE; TO AMEND SECTION 56-3-8000, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES THAT CONTAIN THE EMBLEM OF A TAX EXEMPT ORGANIZATION, SO AS TO SPECIFY THEIR SIZE, GENERAL DESIGN, AND PERIOD OF VALIDITY, TO REVISE THEIR COSTS AND DISTRIBUTION OF FEES COLLECTED FROM THEIR SALE, TO ELIMINATE THE NUMBER OF PREPAID APPLICATIONS AND REVISE THE MINIMUM PAYMENT THAT THE DEPARTMENT OF MOTOR VEHICLES MUST RECEIVE BEFORE A SPECIAL LICENSE PLATE MAY BE ISSUED, TO PROVIDE THAT THE ORGANIZATION MUST GIVE ITS LEGAL AUTHORITY TO THE DEPARTMENT FOR THE DEPARTMENT'S USE OF THE ORGANIZATION'S LOGO, TRADEMARK, OR DESIGN, TO PROVIDE THAT THE FEE THAT AN ORGANIZATION MUST PROVIDE THE DEPARTMENT BEFORE A SPECIAL LICENSE PLATE IS PRODUCED MUST BE REVIEWED BY THE GENERAL ASSEMBLY ON A PERIODIC BASIS, AND A FEE INCREASE MUST BE JUSTIFIED BY THE DEPARTMENT AND APPROVED BY THE GENERAL ASSEMBLY; TO AMEND SECTION 56-3-8100, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES CREATED BY THE GENERAL ASSEMBLY, SO AS TO ELIMINATE THE NUMBER OF PREPAID APPLICATIONS AND REVISE THE MINIMUM PAYMENT THAT THE DEPARTMENT OF MOTOR VEHICLES MUST RECEIVE BEFORE A SPECIAL LICENSE PLATE MAY BE ISSUED, TO REVISE THE COSTS AND DISTRIBUTION OF FEES COLLECTED FROM THEIR SALES, TO PROVIDE THAT THE FEE THAT AN ORGANIZATION MUST SUBMIT TO THE DEPARTMENT BEFORE A SPECIAL LICENSE PLATE IS PRODUCED MUST BE REVISED BY THE GENERAL ASSEMBLY ON A PERIODIC BASIS, AND TO PROVIDE THAT A FEE INCREASE MUST BE JUSTIFIED BY THE DEPARTMENT AND APPROVED BY THE GENERAL ASSEMBLY; TO AMEND SECTION 56-3-6000, AS AMENDED, RELATING TO THE ISSUANCE OF "UNITED STATES ARMED FORCES" SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE DISTINCT AND SEPARATE LICENSE PLATES FOR THE VARIOUS BRANCHES OF THE ARMED SERVICES, AND TO REVISE THE FEE AND ITS DISTRIBUTION, AND THE PRODUCTION PROCEDURES FOR THIS SPECIAL LICENSE PLATE.

(R317, H. 3400 (Word version)) -- Rep. Weeks: AN ACT TO AMEND SECTION 63-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT IN CERTAIN MATTERS, SO AS TO PROVIDE THAT NO ARREARAGE MAY ACCRUE ON A CHILD SUPPORT OBLIGATION WHICH TERMINATES WHEN THE CHILD TURNS EIGHTEEN, GRADUATES FROM HIGH SCHOOL, OR THE LAST DAY OF THE SCHOOL YEAR WHEN THE CHILD TURNS NINETEEN AFTER THE DATE OF THE APPROPRIATE EVENT.

(R318, H. 3710 (Word version)) -- Reps. J.E. Smith, Hayes, D.C. Moss and Sandifer: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-1-77 SO AS TO PROVIDE A BOARD OR COMMISSION THAT REGULATES THE LICENSURE OF A PROFESSION OR OCCUPATION UNDER TITLE 40 MAY ISSUE A TEMPORARY LICENSE FOR A PROFESSION OR OCCUPATION IT REGULATES TO THE SPOUSE OF AN ACTIVE DUTY MEMBER OF THE UNITED STATES ARMED FORCES IN CERTAIN CIRCUMSTANCES, TO PROVIDE REQUIREMENTS FOR OBTAINING THIS LICENSE, TO PROVIDE TIME LIMITS ON THE VALIDITY OF THIS LICENSE, AND TO PROVIDE THE LICENSE MAY NOT BE RENEWED.

(R319, H. 3790 (Word version)) -- Rep. Sellers: AN ACT TO CREATE THE BAMBERG COUNTY WATER AND SEWER AUTHORITY; TO PROVIDE FOR ITS DUTIES, RESPONSIBILITIES, AND POWERS; AND TO PROVIDE FOR THE APPOINTMENT AND TERMS OF THE AUTHORITY'S MEMBERS.

(R320, H. 4008 (Word version)) -- Reps. Harrison, H.B. Brown, G.R. Smith, Knight, Atwater, Branham, Viers, Bannister, Dillard, Erickson, Hamilton, Hearn, Hosey, Limehouse, D.C. Moss, Patrick, Pinson, Sandifer, G.M. Smith, J.R. Smith, Stringer, Toole, Willis, Bingham and Clemmons: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-390 SO AS TO PROVIDE THAT THERE IS NO MONETARY LIABILITY, AND NO CAUSE OF ACTION IS CREATED, BY A HOSPITAL UNDERTAKING OR PERFORMING CERTAIN ACTS IF NOT DONE WITH MALICE; BY ADDING SECTION 44-7-392 SO AS TO PROVIDE THAT CERTAIN HOSPITAL PROCEEDINGS AND DATA, DOCUMENTS, RECORDS, AND INFORMATION RESULTING FROM THESE PROCEEDINGS ARE CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY OR SUBPOENA AND MAY NOT BE USED AS EVIDENCE IN A CIVIL ACTION UNLESS THE HOSPITAL HAS WAIVED CONFIDENTIALITY OR THE DATA, DOCUMENTS, RECORDS, OR INFORMATION ARE OTHERWISE AVAILABLE AND SUBJECT TO DISCOVERY; TO PROVIDE THAT THE OUTCOME OF A PRACTITIONER'S APPLICATION FOR HOSPITAL STAFF MEMBERSHIP OR CLINICAL PRIVILEGES, INCLUDING THE PRIVILEGES REQUESTED OR APPROVED, IS NOT CONFIDENTIAL, THAT THE APPLICATION AND SUPPORTING DOCUMENTS ARE CONFIDENTIAL, AND THAT THE APPLICATION MAY BE OBTAINED FROM THE PHYSICIAN OR FROM THE PRACTICE WHERE THE PHYSICIAN WORKS; TO PROVIDE THAT A PRACTITIONER SUBJECT TO A DISCIPLINARY PROCEEDING MAY RECEIVE DATA, DOCUMENTS, RECORDS, AND INFORMATION RELATING TO THE PRACTITIONER, EVEN IF OTHERWISE CONFIDENTIAL, TO PROVIDE THAT RELEASE OF SUCH DATA, DOCUMENTS, RECORDS, AND INFORMATION IS NOT A WAIVER OF CONFIDENTIALITY, AND TO PROHIBIT DISCLOSURE BY THE PRACTITIONER TO THIRD PARTIES, OTHER THAN COUNSEL; TO PROVIDE THAT DISCLOSURE OF CERTAIN INFORMATION BY A HOSPITAL THROUGH REPORTS TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE JOINT COMMISSION, THE BOARD OF MEDICAL EXAMINERS, OR THE NATIONAL PRACTITIONER DATA BANK IS NOT A WAIVER OF A PRIVILEGE OR CONFIDENTIALITY; AND TO PROVIDE THAT AN AFFECTED PERSON MAY FILE AN ACTION TO ASSERT A CLAIM OF CONFIDENTIALITY AND A MOTION TO ENJOIN THE HOSPITAL FROM RELEASING DATA, DOCUMENTS, RECORDS, OR INFORMATION TO THE DEPARTMENT, THE BOARD OF MEDICAL EXAMINERS, THE NATIONAL PRACTITIONER DATA BANK, OR THE JOINT COMMISSION THAT ARE NOT REQUIRED BY LAW TO BE RELEASED AND TO PROVIDE PROCEDURES TO FURTHER ADDRESS SUCH CLAIMS, INCLUDING AN AWARD OF ATTORNEYS FEES WHEN SUCH A CLAIM IS UNREASONABLY ASSERTED; BY ADDING SECTION 44-7-394 SO AS TO PROVIDE PROCEDURES WHEN A CLAIM OF CONFIDENTIALITY IS ASSERTED IN A JUDICIAL PROCEEDING, INCLUDING AN AWARD OF ATTORNEYS FEES WHEN SUCH A CLAIM IS UNREASONABLY ASSERTED; AND TO PROVIDE RESTRICTIONS ON AND PROCEDURES FOR OFFERING TESTIMONY IN A MEDICAL OR HOSPITAL MALPRACTICE CASE BY A PERSON WHO WAS A WITNESS TO THE CARE THAT IS THE SUBJECT OF THE MALPRACTICE CASE; AND TO AMEND SECTION 40-71-10, RELATING TO IMMUNITY FROM LIABILITY FOR MEMBERS OF CERTAIN PROFESSIONAL SOCIETY STANDARDS COMMITTEES, HOSPITAL MEDICAL STAFF COMMITTEES, AND COMMITTEES APPOINTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REVIEW PATIENT RECORDS, SO AS TO EXCLUDE FROM IMMUNITY MEMBERS OF A HOSPITAL MEDICAL STAFF COMMITTEE AND TO INCLUDE IMMUNITY FOR MEMBERS OF COMMITTEES APPOINTED BY THE DEPARTMENT OF MENTAL HEALTH TO STUDY PATIENT RECORDS.

(R321, H. 4550 (Word version)) -- Reps. Rutherford, Bales, Ballentine, Brady, Butler Garrick, Harrison, Hart, Howard, McEachern, J.H. Neal and J.E. Smith: AN ACT TO ABOLISH THE RICHLAND COUNTY BOARD OF ASSESSMENT CONTROL AND DEVOLVE ALL OF ITS DUTIES, POWERS, AND FUNCTIONS UPON THE RICHLAND COUNTY COUNCIL AND TO REPEAL SECTION 1 OF ACT 952 OF 1958.

(R322, H. 4801 (Word version)) -- Reps. Sandifer, Gambrell, Bowen, Whitmire, Agnew, Thayer, Putnam and White: AN ACT TO AMEND SECTION 6-13-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PIONEER RURAL WATER DISTRICT OF OCONEE AND ANDERSON COUNTIES, SO AS TO FURTHER PROVIDE FOR THE QUALIFICATIONS, TERMS, AND MANNER OF SELECTION OF MEMBERS OF THE GOVERNING BOARD OF THE DISTRICT; TO AMEND SECTION 6-13-240, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE DISTRICT ACTING THROUGH ITS GOVERNING BOARD, SO AS TO PROVIDE THAT BEFORE THE DISTRICT MAKES AN INVESTMENT IN A FACILITY OR TAKES ANY OTHER ACTION THAT WOULD OBLIGATE THE DISTRICT FOR ONE MILLION DOLLARS OR MORE, IT MUST PROVIDE FOR AN INDEPENDENT AUDIT, TO PROVIDE FOR HOW THE AUDIT MUST BE CONDUCTED AND FOR A MEETING OF THE DISTRICT'S CUSTOMERS ABOUT THE AUDIT'S FINDINGS, AND FOR SUBMISSION OF THE AUDIT TO THE OFFICE OF REGULATORY STAFF FOR COMMENT; AND TO AMEND SECTION 6-13-250, RELATING TO THE NONREGULATION OF RATES OF THE DISTRICT, SO AS TO PROVIDE THAT THE BOARD MUST PROVIDE TO THE OFFICE OF REGULATORY STAFF BY JULY FIRST EACH YEAR SCHEDULES SHOWING ALL RATES, SERVICE RULES AND REGULATIONS, AND FORMS OF SERVICE CONTRACT ESTABLISHED BY THE BOARD.

(R323, H. 4967 (Word version)) -- Ways and Means Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-1815 AND 9-1-1085 SO AS TO PROVIDE FOR ANNUAL INCREASES IN RETIREMENT ALLOWANCES PAID BY THE SOUTH CAROLINA RETIREMENT SYSTEM (SCRS) AND TO PHASE IN INCREASES IN EMPLOYER AND EMPLOYEE CONTRIBUTIONS TO SCRS AND PROVIDE FOR FURTHER CONTRIBUTION ADJUSTMENTS AFTER THE PHASE-IN PERIOD; TO AMEND SECTION 9-1-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF SCRS, SO AS TO ADD CLASS THREE EMPLOYEES AS DEFINED AS INDIVIDUALS WITH AN EFFECTIVE DATE OF SYSTEM MEMBERSHIP AFTER JUNE 30, 2012, TO ADD DEFINITIONS APPLICABLE FOR THE ELIGIBILITY AND CALCULATION OF RETIREMENT BENEFITS FOR CLASS THREE MEMBERS, TO FURTHER DEFINE "EARNABLE COMPENSATION" WITH RESPECT TO OVERTIME PAY, AND TO REVISE THE REFERENCE TO THE GOVERNANCE OF SCRS; TO AMEND SECTIONS 9-1-1020, AS AMENDED, 9-1-1050, AND 9-1-1080, RELATING TO SCRS EMPLOYEE AND EMPLOYER CONTRIBUTIONS, SO AS TO CONFORM TO THE REVISED CONTRIBUTIONS SCHEDULE; TO AMEND SECTION 9-1-1140, AS AMENDED, RELATING TO ESTABLISHING SERVICE CREDIT TO SCRS, SO AS TO PROVIDE THAT PAYMENTS FOR SERVICE CREDIT MUST BE ACTUARIALLY NEUTRAL BASED ON THE MEMBER'S CURRENT AGE AND SERVICE CREDIT SUBJECT TO A STATUTORY MINIMUM PAYMENT AND PROVIDE THAT ADDITIONAL SERVICE CREDIT AT RETIREMENT BASED ON UNUSED ACCUMULATED SICK LEAVE APPLIES ONLY TO CLASS ONE AND CLASS TWO SCRS MEMBERS; TO AMEND SECTION 9-1-1510, AS AMENDED, RELATING TO ELIGIBILITY FOR RETIREMENT UNDER SCRS, SO AS TO PROVIDE THE RETIREMENT ELIGIBILITY REQUIREMENTS FOR CLASS THREE MEMBERS; TO AMEND SECTION 9-1-1515, AS AMENDED, RELATING TO SCRS EARLY RETIREMENT, SO AS TO LIMIT ELIGIBILITY TO CLASS ONE AND CLASS TWO SCRS MEMBERS; TO AMEND SECTIONS 9-1-1540, AS AMENDED, 9-1-1560, AS AMENDED, AND 9-1-1570, RELATING TO DISABILITY RETIREMENT UNDER SCRS, SO AS TO CONFORM ELIGIBILITY REQUIREMENTS FOR CLASS THREE MEMBERS, PROVIDE THAT ELIGIBILITY DETERMINATION FOR DISABILITY RETIREMENT APPLICATIONS RECEIVED AFTER DECEMBER 31, 2013, MUST BE BASED ON THE MEMBER QUALIFYING FOR SOCIAL SECURITY DISABILITY BENEFITS, PROVIDE FOR THE CALCULATION OF DISABILITY BENEFITS, AND CONFORM THE REVIEW FOR SOUTH CAROLINA RETIREMENT SYSTEM MEMBERS ON DISABILITY RETIREMENT OF THEIR DISABLED STATUS TO THE NEW ELIGIBILITY REQUIREMENTS; TO AMEND SECTION 9-1-1550, AS AMENDED, RELATING TO THE CALCULATION OF THE SCRS RETIREMENT BENEFIT, SO AS TO PROVIDE THE CALCULATION FOR CLASS THREE MEMBERS; TO AMEND SECTIONS 9-1-1650 AND 9-1-1660, BOTH AS AMENDED, RELATING TO RETURN OF CONTRIBUTIONS AND ELIGIBILITY FOR AN ANNUITY ON TERMINATION BEFORE RETIREMENT, SO AS TO CONFIRM THOSE PROVISIONS FOR CLASS THREE MEMBERS AND TO PROVIDE THAT THE PERSON NAMED BY AN SCRS MEMBER TO RECEIVE A RETURN OF THE MEMBER'S CONTRIBUTIONS ON THE MEMBER'S DEATH MAY ELECT TO RECEIVE AN ANNUITY IF THE DECEASED MEMBER WAS ELIGIBLE TO RETIRE AT THE TIME OF DEATH WHETHER OR NOT THE MEMBER WAS IN SERVICE; TO AMEND SECTION 9-1-1790, AS AMENDED, RELATING TO RETURN TO COVERED EMPLOYMENT BY A RETIRED SCRS MEMBER, SO AS TO INCREASE FROM FIFTEEN TO THIRTY DAYS THE BREAK IN SERVICE REQUIRED FOR SUCH A RETURN TO SERVICE WITHOUT A SUSPENSION OF RETIREMENT BENEFITS, TO PROVIDE THAT AFTER EARNING TEN THOUSAND DOLLARS IN A CALENDAR YEAR FROM A COVERED EMPLOYER, THE RETIREMENT ALLOWANCE OF THE SCRS MEMBER IS SUSPENDED FOR THE REMAINDER OF THE CALENDAR YEAR AND TO PROVIDE THOSE MEMBERS EXEMPT FROM THIS LIMIT; TO AMEND SECTION 9-1-2210, AS AMENDED, RELATING TO THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM (TERI), SO AS TO END TERI PARTICIPATION AFTER JUNE 30, 2018; TO REPEAL SECTIONS 9-1-1810 AND 9-1-2210 RELATING RESPECTIVELY TO ANNUAL ADJUSTMENTS IN SCRS RETIREMENT ALLOWANCES BASED ON INCREASES IN THE CONSUMER PRICE INDEX AND TO THE PROSPECTIVE REPEAL AFTER JUNE 30, 2018, OF TERI; BY ADDING SECTION 9-9-5 SO AS TO CLOSE THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA (SCGARS) TO MEMBERS OF THE GENERAL ASSEMBLY FIRST ELECTED AT OR AFTER THE 2012 GENERAL ELECTION AND TO PROVIDE THAT THESE PERSONS INSTEAD OF ENROLLING IN SCGARS INSTEAD SHALL JOIN SCRS OR THE STATE OPTIONAL RETIREMENT PROGRAM; TO AMEND SECTION 9-9-120, RELATING TO TRANSFER SERVICE AND MEMBER CONTRIBUTIONS FOR SCGARS, SO AS TO INCREASE THE MEMBER CONTRIBUTIONS FROM TEN TO ELEVEN PERCENT OF EARNABLE COMPENSATION; BY ADDING SECTIONS 9-11-312 AND 9-11-225 SO AS TO PROVIDE FOR ANNUAL INCREASES IN RETIREMENT ALLOWANCES PAID BY THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM (SCPORS) AND TO PHASE IN INCREASES IN EMPLOYER AND EMPLOYEE CONTRIBUTIONS AND PROVIDE FOR FURTHER CONTRIBUTION ADJUSTMENTS AFTER THE PHASE-IN PERIOD; TO AMEND SECTION 9-11-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF SCPORS, SO AS TO ADD CLASS THREE EMPLOYEES DEFINED AS INDIVIDUALS WITH AN EFFECTIVE DATE OF SYSTEM MEMBERSHIP AFTER JUNE 30, 2012, TO ADD DEFINITIONS APPLICABLE FOR THE ELIGIBILITY AND CALCULATION OF BENEFITS FOR CLASS THREE MEMBERS AND TO REVISE THE REFERENCE TO THE GOVERNANCE OF SCPORS; TO AMEND SECTION 9-11-50, AS AMENDED, RELATING TO ESTABLISHING SERVICE CREDIT IN SCPORS, SO AS TO PROVIDE THAT PAYMENTS FOR SERVICE CREDIT MUST BE ACTUARIALLY NEUTRAL BASED ON THE MEMBER'S CURRENT AGE AND SERVICE CREDIT SUBJECT TO A STATUTORY MINIMUM PAYMENT AND PROVIDE THAT ADDITIONAL SERVICE CREDIT AT RETIREMENT BASED ON ACCRUED UNUSED SICK LEAVE APPLIES ONLY TO CLASS ONE AND CLASS TWO SCPORS MEMBERS; TO AMEND SECTION 9-11-60, AS AMENDED, RELATING TO ELIGIBILITY FOR RETIREMENT FOR SCPORS MEMBERS, SO AS TO CONFORM THESE REQUIREMENTS FOR CLASS THREE MEMBERS; TO AMEND SECTION 9-11-120, AS AMENDED, RELATING TO THE SCPORS PRE-RETIREMENT AND POST-RETIREMENT DEATH BENEFIT, SO AS TO CONFORM POST-RETIREMENT DEATH BENEFIT TO CLASS THREE REQUIREMENTS; TO AMEND SECTION 9-11-80, AS AMENDED, RELATING TO DISABILITY RETIREMENT UNDER THE SCPORS, SO AS TO CONFORM ELIGIBILITY REQUIREMENTS FOR CLASS THREE MEMBERS, PROVIDE THAT ELIGIBILITY DETERMINATION FOR DISABILITY RETIREMENT APPLICATIONS RECEIVED AFTER DECEMBER 31, 2013, MUST BE BASED ON THE MEMBER QUALIFYING FOR SOCIAL SECURITY DISABILITY BENEFITS, PROVIDE FOR THE CALCULATION OF DISABILITY BENEFITS, AND CONFORM THE REVIEW FOR SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM MEMBERS ON DISABILITY RETIREMENT OF THEIR DISABLED STATUS, SO AS TO CONFORM THIS REVIEW TO THE NEW ELIGIBILITY REQUIREMENTS; TO AMEND SECTION 9-11-90, AS AMENDED, RELATING TO RETURN TO COVERED EMPLOYMENT OF A RETIRED SCPORS MEMBER, SO AS TO INCREASE FROM FIFTEEN TO THIRTY DAYS THE BREAK IN SERVICE REQUIRED FOR SUCH A BREAK IN SERVICE WITHOUT A SUSPENSION OF RETIREMENT BENEFITS, TO PROVIDE THAT AFTER EARNING TEN THOUSAND DOLLARS IN A CALENDAR YEAR FROM A COVERED EMPLOYER, THE RETIREMENT ALLOWANCE OF THE SCPORS MEMBER IS SUSPENDED FOR THE REMAINDER OF THE CALENDAR YEAR AND TO PROVIDE THOSE MEMBERS ARE EXEMPT FROM THIS LIMIT; TO AMEND SECTION 9-11-130, AS AMENDED, RELATING TO RETURN OF CONTRIBUTIONS AND ELIGIBILITY FOR AN ANNUITY ON TERMINATION BEFORE RETIREMENT, SO AS TO CONFORM THESE PROVISIONS FOR CLASS THREE MEMBERS AND TO PROVIDE THAT THE PERSON NAMED BY A SCPORS MEMBER TO RECEIVE A RETURN OF THE MEMBER'S CONTRIBUTIONS ON THE MEMBER'S DEATH MAY ELECT TO RECEIVE AN ANNUITY IF THE DECEASED MEMBER WAS ELIGIBLE TO RETIRE AT THE TIME OF DEATH WHETHER OR NOT THE MEMBER WAS IN SERVICE; TO AMEND SECTIONS 9-11-210 AND 9-11-220, BOTH AS AMENDED, RELATING TO CONTRIBUTIONS OF SCPORS MEMBERS, SO AS TO CONFORM TO THE REVISED CONTRIBUTION SCHEDULE; TO REPEAL SECTIONS 9-11-70, 9-11-75, AND 9-11-310 RELATING RESPECTIVELY TO EARLY RETIREMENT, CONTRIBUTIONS, AND ANNUAL ADJUSTMENT IN SCPORS RETIREMENT ALLOWANCES BASED ON INCREASES IN THE CONSUMER PRICE INDEX; TO REPEAL SECTION 9-16-310 RELATING TO THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL; TO AMEND CHAPTER 4, TITLE 9, RELATING TO RETIREMENT LAW, SO AS TO ESTABLISH THE SOUTH CAROLINA PUBLIC EMPLOYEE BENEFIT AUTHORITY (PEBA), PROVIDE FOR ITS MEMBERSHIP AND THEIR COMPENSATION, DEVOLVE FROM THE STATE BUDGET AND CONTROL BOARD TO PEBA THE ADMINISTRATION OF THE EMPLOYEE INSURANCE PROGRAM (EIP), ADMINISTRATION OF THE RETIREMENT DIVISION, COTRUSTEESHIP OF THE STATE RETIREMENT SYSTEM, AND THE DUTIES OF THE SOUTH CAROLINA DEFERRED COMPENSATION COMMISSION (SCDCC), TO PROVIDE THOSE ACTIONS OF PEBA REQUIRING APPROVAL BY THE STATE BUDGET AND CONTROL BOARD OR ITS SUCCESSOR, TO REQUIRE PEBA TO MAINTAIN A PUBLIC TRANSACTION REGISTER, AND TO REQUIRE AN ANNUAL FIDUCIARY AUDIT OF PEBA; TO AMEND SECTIONS 1-11-703, AS AMENDED, 1-11-710, AS AMENDED, 1-11-720, AS AMENDED, 1-11-725, 1-11-730, AS AMENDED, 1-11-740, 1-11-750, 1-11-770, 8-23-20, AS AMENDED, 8-23-30, AS AMENDED, 8-23-70, 8-23-110, 9-1-20, 9-1-210, 9-1-310, AS AMENDED, 9-1-1515, AS AMENDED, 9-1-1830, 9-2-10, CHAPTER 2 OF TITLE 9, SECTIONS 9-8-10, AS AMENDED, 9-8-30, 9-8-60, AS AMENDED, 9-9-10, AS AMENDED, 9-9-30, 9-10-10, 9-10-60, AS AMENDED, 9-11-30, AS AMENDED, 9-12-10, 9-16-10 AND 9-16-55, BOTH AS AMENDED, 9-18-10, 9-20-30, AS AMENDED, 9-21-20, AS AMENDED, 59-1-470, RELATING TO VARIOUS ELEMENTS OF THE EMPLOYEE INSURANCE PROGRAM, STATE RETIREMENT SYSTEM, AND THE SOUTH CAROLINA DEFERRED COMPENSATION COMMISSION, SO AS TO CONFORM THESE PROVISIONS TO PEBA GOVERNANCE; TO AMEND SECTION 9-1-1310, AS AMENDED, RELATING TO THE TRUSTEE OF THE RETIREMENT SYSTEM AND INVESTMENTS ALLOWED FOR THE ASSETS OF THE RETIREMENT SYSTEM, SO AS TO PROVIDE THAT PEBA AND THE STATE BUDGET AND CONTROL BOARD, OR ITS SUCCESSOR, ARE COTRUSTEES OF THE RETIREMENT SYSTEM; TO AMEND SECTION 9-16-315, RELATING TO THE RETIREMENT SYSTEM INVESTMENT COMMISSION, SO AS TO ADD A NONVOTING EX OFFICIO MEMBER, REVISE THE QUALIFICATIONS FOR APPOINTMENT, AND PROVIDE AN ANNUAL SALARY FOR MEMBERS; BY ADDING SECTION 9-16-380 SO AS TO PROVIDE FOR AN ANNUAL FIDUCIARY AUDIT OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION; BY ADDING SECTION 9-16-335 SO AS TO PROVIDE THAT THE ANNUAL ASSUMED RATE OF RETURN ON RETIREMENT SYSTEM INVESTMENTS MUST BE SET BY THE GENERAL ASSEMBLY BY LAW AND TO PROVIDE THAT THE ASSUMED RATE OF RETURN EFFECTIVE JULY 1, 2012, IS SEVEN AND ONE-HALF PERCENT; TO AMEND SECTIONS 9-1-1135, 9-8-185, 9-9-175, AND 9-11-265, RELATING TO MEMBERS ACCOUNTS IN THE VARIOUS CONTRIBUTORY STATE RETIREMENT SYSTEMS, SO AS TO PROVIDE THAT INTEREST IS NOT PAID ON INACTIVE ACCOUNTS AND TO DEFINE "INACTIVE ACCOUNTS"; TO AMEND SECTION 22-1-15, RELATING TO QUALIFICATIONS FOR MAGISTRATES, SO AS TO PROVIDE AN EXEMPTION FOR CERTAIN MAGISTRATES WHO RETIRE AND ARE SUBSEQUENTLY REAPPOINTED TO THEIR OFFICE WITHIN ONE YEAR, TO PROVIDE FOR STUDIES OF LEGISLATIVE AND STATEWIDE CONSTITUTIONAL OFFICERS COMPENSATION, "SPIKING" IN THE CALCULATION OF AVERAGE FINAL COMPENSATION IN SCRS AND SCPORS, AND DISABILITY RETIREMENT ELIGIBILITY, TO PROVIDE THE AGENCIES CHARGED WITH CONDUCTING THE STUDIES AND TO PROVIDE FOR THE COMPLETION DATE OF THESE STUDIES.

HOUSE RESOLUTION

The following was introduced:

H. 5429 (Word version) -- Reps. Atwater, Ballentine, Bingham, Frye, Huggins, McLeod, Ott, Quinn, Spires, Toole, Bales, Brady, Butler Garrick, Harrison, Hart, Howard, McEachern, J. H. Neal, Rutherford, J. E. Smith, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bannister, Barfield, Battle, Bedingfield, Bikas, Bowen, Bowers, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, Merrill, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. M. Neal, Neilson, Norman, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Putnam, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. R. Smith, Sottile, Southard, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tribble, Vick, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO HONOR AND REMEMBER THE SUPREME SACRIFICE MADE BY FIRST LIEUTENANT RYAN DAVIS RAWL OF THE SOUTH CAROLINA NATIONAL GUARD WHILE HE WAS SERVING A TOUR OF MILITARY DUTY IN AFGHANISTAN, AND TO EXPRESS TO HIS FAMILY THE PROFOUND APPRECIATION OF A GRATEFUL STATE AND NATION FOR HIS LIFE, SACRIFICE, AND SERVICE.

Whereas, with deep appreciation, the members of the South Carolina House of Representatives honor, on behalf of all South Carolinians, the great sacrifice that the men and women of the United States Armed Forces make for the ideals of liberty and justice so richly enjoyed in this nation; and

Whereas, on June 20, 2012, at the age of thirty, First Lieutenant Ryan Davis Rawl gave his life in Khost, Afghanistan, at the foot of the mountains along the Pakistan border, when a bomber approached Afghan and United States soldiers in a packed marketplace and detonated the charge on a busy street during lunch time; and

Whereas, a 2000 graduate of Lexington High School and a 2004 graduate of The Citadel, Lieutenant Rawl joined the Richland County Sheriff's Department in 2005 and served as a road deputy until early 2011. At that time, he became a school resource officer at Crayton Middle School, where he had a major positive influence on the students and on the faculty; and

Whereas, in 2006, he joined the 133rd Military Police Company of the South Carolina National Guard, nicknamed the Palmetto Regulators and based in Timmonsville, and he answered his country's call, deploying with one hundred seventy soldiers of his company to train Afghan Uniformed Police in November 2011 and due to return home in August; and
Whereas, Lieutenant Rawl left behind his beloved wife, Katherine B. Rawl, and two loving children, Caleb and Callie, living in Lexington. His devoted parents, Stanley and Diane Rawl, live in Swansea; and

Whereas, there is no greater or braver sacrifice for a man to make for his country than to lay down his life; this man of honor led from the front and inspired his platoon to give their all to the best of their abilities. In the end, this remarkable young man gave the last full measure of devotion to his country; and

Whereas, the South Carolina House of Representatives is honored to remember the life and sacrifice of a brave son and hero of the Palmetto State, First Lieutenant Ryan Rawl. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, honor and remember the supreme sacrifice made by First Lieutenant Ryan Davis Rawl of the South Carolina National Guard while he was serving a tour of military duty in Afghanistan, and express to his family the profound appreciation of a grateful State and nation for his life, sacrifice, and service.

Be it further resolved that a copy of this resolution be presented to the family of First Lieutenant Ryan Rawl.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5430 (Word version) -- Reps. Cobb-Hunter, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cole, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Putnam, Quinn, Rutherford, Ryan, 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, Tribble, Vick, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR RUTH VANFAUSSIEN, EXECUTIVE ASSISTANT TO THE ORANGEBURG COUNTY ADMINISTRATOR, UPON THE OCCASION OF HER RETIREMENT, AND TO WISH HER CONTINUED SUCCESS AND FULFILLMENT IN ALL HER FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5431 (Word version) -- Rep. Bingham: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR ERIC L. FOWLER OF WEST COLUMBIA FOR HIS OUTSTANDING COMMUNITY AND PUBLIC SERVICE TO THE PEOPLE OF SOUTH CAROLINA.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5432 (Word version) -- Reps. Limehouse and Stavrinakis: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR JUDITH CLAIRE DEVINE HOLZ, EXECUTIVE ASSISTANT TO THE PRESIDENT OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, UPON THE OCCASION OF HER RETIREMENT, AND TO WISH HER CONTINUED SUCCESS AND FULFILLMENT IN ALL HER FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5433 (Word version) -- Reps. Limehouse and Stavrinakis: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR JOSEPH COLE GOOD, JR., CHIEF COUNSEL FOR THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, UPON THE OCCASION OF HIS RETIREMENT, AND TO WISH HIM CONTINUED SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5434 (Word version) -- Reps. G. M. Smith, Weeks, G. A. Brown, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Putnam, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Vick, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR ROWLAND ALSTON OF SUMTER COUNTY, HOST OF SCETV'S MAKING IT GROW!, UPON THE OCCASION OF HIS RETIREMENT, AND TO WISH HIM CONTINUED SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1609 (Word version) -- Senator Campsen: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR BROOKE MOSTELLER, AN OUTSTANDING STUDENT, ATHLETE, AND ACTIVIST, AND TO CONGRATULATE HER ON THE STATEWIDE SUCCESS AND EFFECTIVENESS OF HER COLLEGE APPLICATION DAY PROGRAM.

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

ROLL CALL

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

Alexander              Allen                  Allison
Anthony                Bales                  Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Brady
Branham                Brannon                G. A. Brown
R. L. Brown            Butler Garrick         Chumley
Clemmons               Clyburn                Cobb-Hunter
Cole                   Corbin                 Crosby
Daning                 Delleney               Dillard
Erickson               Forrester              Frye
Funderburk             Gilliard               Hamilton
Hardwick               Harrell                Harrison
Hayes                  Hearn                  Henderson
Herbkersman            Hiott                  Hixon
Hodges                 Hosey                  Howard
Huggins                Jefferson              Johnson
King                   Knight                 Limehouse
Loftis                 Long                   Lowe
Lucas                  Mack                   McCoy
McLeod                 Merrill                D. C. Moss
V. S. Moss             Munnerlyn              Nanney
J. M. Neal             Norman                 Ott
Owens                  Patrick                Pinson
Pitts                  Pope                   Putnam
Quinn                  Rutherford             Ryan
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                  Tribble
Vick                   Weeks                  Whipper
White                  Williams               Young

STATEMENT OF ATTENDANCE

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

Paul Agnew                        Nathan Ballentine
Chris Hart                        Joseph Neal
William R. "Bill" Whitmire        Mike Gambrell
William Bowers                    Anne Parks
Jerry Govan                       Mark Willis

Total Present--109

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. BRANTLEY a leave of absence for the day due to a death in the family.

LEAVE OF ABSENCE

The SPEAKER granted Rep. MURPHY a leave of absence for the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. ANDERSON a leave of absence for the day due to attending a conference.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. C. Wendell James III of Greenville was the Doctor of the Day for the General Assembly.

R. 299, H. 4497--GOVERNOR'S VETO SUSTAINED

The Veto on the following Act was taken up:

(R. 299, H. 4497 (Word version)) -- Reps. Sellers, Johnson, Brady, Gilliard, Jefferson and Knight: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-187 SO AS TO ENACT THE "CERVICAL CANCER PREVENTION ACT", TO PROVIDE THAT BEGINNING WITH THE 2012-2013 SCHOOL YEAR, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY OFFER THE CERVICAL CANCER VACCINATION SERIES TO ADOLESCENT STUDENTS ENROLLING IN THE SEVENTH GRADE OF ANY PUBLIC OR PRIVATE SCHOOL IN THIS STATE, TO PROVIDE NO STUDENT IS REQUIRED TO HAVE THE VACCINE BEFORE ENROLLING IN OR ATTENDING SCHOOL, TO PROVIDE THE DEPARTMENT MAY DEVELOP AN INFORMATIONAL PROGRAM RELATED TO THIS VACCINATION OFFERING WITH SPECIFIC CONTENT REQUIREMENTS, TO DEFINE "CERVICAL CANCER VACCINATION SERIES", AND TO MAKE IMPLEMENTATION OF VACCINE PROVISION AND INFORMATIONAL PROGRAM CONTINGENT UPON RECEIPT OF FULL FUNDING BY STATE AND FEDERAL FUNDS.

Rep. SELLERS explained the Veto.

Rep. HUGGINS spoke in favor of the Veto.
Rep. SELLERS spoke against the Veto.

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

Yeas 54; Nays 47

Those who voted in the affirmative are:

Agnew                  Alexander              Allen
Anthony                Bales                  Ballentine
Battle                 Brady                  Branham
G. A. Brown            R. L. Brown            Butler Garrick
Clyburn                Cobb-Hunter            Crosby
Daning                 Dillard                Funderburk
Gambrell               Gilliard               Harrison
Hart                   Hayes                  Hearn
Herbkersman            Hodges                 Hosey
Howard                 Jefferson              Johnson
King                   Knight                 Mack
McCoy                  McLeod                 Merrill
Munnerlyn              J. H. Neal             J. M. Neal
Ott                    Owens                  Pinson
Quinn                  Rutherford             Sabb
Sellers                Skelton                Sottile
Stavrinakis            Tribble                Vick
Weeks                  Whipper                Williams

Total--54

Those who voted in the negative are:

Allison                Bannister              Barfield
Bedingfield            Bowen                  Brannon
Chumley                Clemmons               Cole
Corbin                 Delleney               Erickson
Forrester              Frye                   Hamilton
Henderson              Hiott                  Hixon
Huggins                Limehouse              Loftis
Long                   Lowe                   Lucas
D. C. Moss             V. S. Moss             Nanney
Norman                 Patrick                Pitts
Pope                   Putnam                 Ryan
Sandifer               Simrill                G. M. Smith
G. R. Smith            J. R. Smith            Southard
Stringer               Tallon                 Taylor
Thayer                 Toole                  White
Whitmire               Young

Total--47

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

RECORD FOR VOTING

I was temporarily out of the Chamber and in the Senate during the vote to override the Governor's Veto on R. 299, H. 4497. If I had been present, I would have voted to override the Governor's Veto.

Rep. James E. Smith, Jr.

R. 299, H. 4497--MOTION TO RECONSIDER TABLED

Rep. G. R. SMITH moved to reconsider the vote whereby the Veto on the following Act was sustained:

(R. 299, H. 4497 (Word version)) -- Reps. Sellers, Johnson, Brady, Gilliard, Jefferson and Knight: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-187 SO AS TO ENACT THE "CERVICAL CANCER PREVENTION ACT", TO PROVIDE THAT BEGINNING WITH THE 2012-2013 SCHOOL YEAR, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY OFFER THE CERVICAL CANCER VACCINATION SERIES TO ADOLESCENT STUDENTS ENROLLING IN THE SEVENTH GRADE OF ANY PUBLIC OR PRIVATE SCHOOL IN THIS STATE, TO PROVIDE NO STUDENT IS REQUIRED TO HAVE THE VACCINE BEFORE ENROLLING IN OR ATTENDING SCHOOL, TO PROVIDE THE DEPARTMENT MAY DEVELOP AN INFORMATIONAL PROGRAM RELATED TO THIS VACCINATION OFFERING WITH SPECIFIC CONTENT REQUIREMENTS, TO DEFINE "CERVICAL CANCER VACCINATION SERIES", AND TO MAKE IMPLEMENTATION OF VACCINE PROVISION AND INFORMATIONAL PROGRAM CONTINGENT UPON RECEIPT OF FULL FUNDING BY STATE AND FEDERAL FUNDS.

Rep. G. R. SMITH moved to table the motion to reconsider, which was agreed to.

LEAVE OF ABSENCE

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

RECURRENCE TO THE MORNING HOUR

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

HOUSE RESOLUTION

The following was introduced:

H. 5436 (Word version) -- Reps. Huggins, Atwater, Ballentine, Bingham, Frye, McLeod, Ott, Quinn, Spires, Toole, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Bannister, Barfield, Battle, Bedingfield, Bikas, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrell, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Jefferson, Johnson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, Merrill, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Putnam, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tribble, Vick, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A HOUSE RESOLUTION TO HONOR AND REMEMBER THE SUPREME SACRIFICE MADE BY SPECIALIST JOHN DAVID MEADOR II OF THE SOUTH CAROLINA NATIONAL GUARD WHILE HE WAS SERVING A TOUR OF MILITARY DUTY IN AFGHANISTAN, AND TO EXPRESS TO HIS FAMILY THE PROFOUND APPRECIATION OF A GRATEFUL STATE AND NATION FOR HIS LIFE, SACRIFICE, AND SERVICE.

Whereas, with deep appreciation, the members of the South Carolina House of Representatives honor, on behalf of all South Carolinians, the great sacrifice that the men and women of the United States Armed Forces make for the ideals of liberty and justice so richly enjoyed in this nation; and
Whereas, on June 20, 2012, at the age of 36, Specialist John David "J. D." Meador II gave his life on a crowded market street of Khost, Afghanistan, at the foot of the mountains along the Pakistan border, when a bomber approached Afghan and United States soldiers and detonated the charge during lunch time; and

Whereas, a 1993 state wrestling champion for Lexington High School where he graduated in 1994, J. D. Meador spent time coaching wrestling at White Knoll Middle School and caring deeply for the concerns of his wrestlers; and

Whereas, assigned to the 133rd Military Police Company of the South Carolina National Guard, nicknamed the Palmetto Regulators and based in Timmonsville, Specialist Meador laid aside his own wood-working business and answered his country's call to deploy with one hundred seventy soldiers of his company to Khost Province; and

Whereas, he left behind a loving wife, Christy, and two loving daughters, Brianna and Elana, and his parents, Sharon and John Meador; and

Whereas, there is no greater or braver sacrifice for a man to make for his country than to lay down his life; and

Whereas, the South Carolina House of Representatives is honored to remember the life and sacrifice of a brave son and hero of the Palmetto State, Specialist John David Meador II. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, honor and remember the supreme sacrifice made by Specialist John David Meador II of the South Carolina National Guard while he was serving a tour of military duty in Afghanistan, and express to his family the profound appreciation of a grateful State and nation for his life, sacrifice, and service.

Be it further resolved that a copy of this resolution be presented to the family of Specialist John David Meador II.

The Resolution was adopted.

INTRODUCTION OF JOINT RESOLUTION

The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:

H. 5435 (Word version) -- Reps. Harrell and Bingham: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 2012-2013 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THAT YEAR IN EFFECT.
On motion of Rep. BINGHAM, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

HOUSE TO MEET AT 2:00 P.M. TOMORROW

Rep. GAMBRELL moved that when the House adjourns, it adjourn to meet at 2:00 p.m. tomorrow, which was agreed to.

ADJOURNMENT

At 5:03 p.m. the House, in accordance with the motion of Rep. ERICKSON, adjourned in memory of Doris Fagan Brantley of Ridgeland, wife of Representative Brantley, to meet at 2:00 p.m. tomorrow.

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This web page was last updated on Tuesday, December 18, 2012 at 4:24 P.M.