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


Printed Page 2576 . . . . . Wednesday, April 25, 2012

Wednesday, April 25, 2012
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Job 33:26: "Then he prays to God and is accepted by him, he comes into his presence with joy, and God repays him for his righteousness."
Let us pray. Lord of lords, King of kings, You have given us responsibility and freedom. Grant these Representatives the will to use what You have provided, with kindness and compassion for the people they serve. Bless our Nation, State, and those who are our leaders. Protect our defenders of freedom, as they protect us. Heal the wounds, those seen and those hidden, of our brave warriors. Lord, in Your mercy, hear our prayer. Amen.

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

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. G. M. SMITH moved that when the House adjourns, it adjourn in memory of Judge Mary K. Herbert of Sumter, which was agreed to.

REGULATION WITHDRAWN

Document No. 4201
Agency: State Board of Education
Statutory Authority: 1976 Code Sections 59-5-60 and 59-29-170
Gifted and Talented
Received by Speaker of the House of Representatives January 10, 2012
Referred to Education and Public Works Committee
Legislative Review Expiration: Permanently Withdrawn


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CONCURRENT RESOLUTION

The following was introduced:

H. 5165 (Word version) -- Rep. Bales: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF VETERANS ROAD IN RICHLAND COUNTY FROM ITS INTERSECTION WITH GARNERS FERRY ROAD TO ITS INTERSECTION WITH ATLAS ROAD "HOWARD R. CAMPBELL ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS ROAD THAT CONTAIN THE WORDS "HOWARD R. CAMPBELL ROAD".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1482 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION TO HONOR DR. JAMES C. "JIM" MEZICK OF HORRY COUNTY, FORMER PASTOR OF LAKESIDE BAPTIST CHURCH IN NORTH MYRTLE BEACH, FOR HIS MANY YEARS OF GOSPEL MINISTRY AND TO WISH HIM GOD'S RICHEST BLESSINGS AS HE CONTINUES TO SERVE THE LORD.

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

INTRODUCTION OF BILLS

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

H. 5164 (Word version) -- Rep. Spires: A BILL TO AMEND SECTION 44-81-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF LONG-TERM CARE FACILITY RESIDENTS, SO AS TO REQUIRE A RESIDENT OR HIS REPRESENTATIVE TO PROVIDE THE ADMINISTRATOR OF THE FACILITY CERTAIN NOTICE OF THE INTENT OF THE RESIDENT TO VOLUNTARILY RELOCATE TO ANOTHER FACILITY, AND TO PROVIDE THE FACILITY MAY CHARGE THE RESIDENT THE


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EQUIVALENT OF THIRTY DAYS OCCUPANCY FOR FAILURE TO GIVE THIS NOTICE.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 5166 (Word version) -- Reps. Willis, Pitts and Tribble: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN LAURENS COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS, TO REDESIGNATE A MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE DIVISION OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC LANGUAGE.
On motion of Rep. TRIBBLE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 947 (Word version) -- Senators Malloy and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 33 TO TITLE 49, SO AS TO CREATE THE LAKE PAUL A. WALLACE AUTHORITY.
On motion of Rep. MUNNERLYN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1044 (Word version) -- Senators Knotts, Cromer and Ford: A BILL TO AMEND SECTION 38-59-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE REQUIREMENTS FOR THE INITIATION OF OVERPAYMENT RECOVERY EFFORTS PURSUANT TO THE SOUTH CAROLINA HEALTH CARE FINANCIAL RECOVERY AND PROTECTION ACT, SO AS TO ADD REQUIREMENTS CONCERNING AN APPEAL.
Referred to Committee on Labor, Commerce and Industry

S. 1107 (Word version) -- Senators Leventis, Hayes, Rose and Knotts: A BILL 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


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CERTAIN CIRCUMSTANCES, TO PROVIDE REQUIREMENTS FOR OBTAINING THIS LICENSE, AND TO PROVIDE TIME LIMITS ON THE VALIDITY OF THIS LICENSE.
Referred to Committee on Labor, Commerce and Industry

S. 1137 (Word version) -- Senator Shoopman: A BILL 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 IMMUNITY FOR A REGISTERED ARCHITECT OR ENGINEER WHO PROVIDES CERTAIN ARCHITECTURAL OR ENGINEERING SERVICES AT THE SCENE OF A DECLARED EMERGENCY.
Referred to Committee on Labor, Commerce and Industry

S. 1231 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS CLASSIFICATIONS OF BIRDS, GAME ANIMALS, AND FISH, SO AS TO CLASSIFY COBIA RACHYCENTRON CANADUM AS A SALTWATER GAME FISH.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 1247 (Word version) -- Senators Alexander, Rankin and Hutto: A BILL TO AMEND SECTION 58-3-250 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, TO ALLOW THE PUBLIC SERVICE COMMISSION TO SERVE A FINAL ORDER OR DECISION BY ELECTRONIC SERVICE, REGISTERED MAIL, OR CERTIFIED MAIL.
Referred to Committee on Labor, Commerce and Industry

S. 1307 (Word version) -- Senators Courson, Setzler, Matthews, Hayes and Ford: A BILL TO AMEND THE 1976 CODE, RELATING TO STATUTES CREATING CERTAIN EDUCATIONAL BOARDS AND COMMISSIONS WHOSE MEMBERS ARE APPOINTED OR ELECTED BY CONGRESSIONAL DISTRICT, TO AMEND SECTION 59-7-10, RELATING TO THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION TO ADD A MEMBER TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 59-47-10,


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RELATING TO THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND BLIND BOARD OF COMMISSIONERS, TO ADD A MEMBER TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 59-48-20, RELATING TO THE SPECIAL SCHOOL OF SCIENCE AND MATHEMATICS BOARD OF TRUSTEES, TO ADD A BOARD MEMBER TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT AND TO ELIMINATE THE SEAT HELD BY THE CHAIRMAN OF THE JOINT LEGISLATIVE COMMITTEE TO STUDY THE STATE'S PUBLIC EDUCATION SYSTEM; TO AMEND SECTION 59-50-20, RELATING TO THE SOUTH CAROLINA GOVERNOR'S SCHOOL FOR ARTS AND HUMANITIES BOARD OF DIRECTORS, TO ADD A MEMBER TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 59-53-10, RELATING TO THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, TO ADD A BOARD MEMBER TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 59-103-10, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, TO ADD A MEMBER TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 59-123-40, RELATING TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA BOARD OF TRUSTEES, TO ADD TWO MEMBERS TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 59-125-20, RELATING TO THE WINTHROP UNIVERSITY BOARD OF TRUSTEES, TO ADD A MEMBER TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 59-125-30, TO DESIGNATE THE SEAT NUMBER FOR THE NEWLY ESTABLISHED BOARD MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT FOR THE WINTHROP UNIVERSITY BOARD OF TRUSTEES AND TO ADJUST THE BOARD MEMBER SEAT NUMBERS ACCORDINGLY; TO AMEND SECTION 59-127-20, RELATING TO THE SOUTH CAROLINA STATE UNIVERSITY BOARD OF TRUSTEES, TO ADD A MEMBER TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT, TO REMOVE AN AT-LARGE MEMBER, AND TO ADJUST THE BOARD MEMBER SEAT NUMBERS ACCORDINGLY; TO AMEND SECTION 59-130-10, RELATING TO THE COLLEGE OF CHARLESTON BOARD OF TRUSTEES, TO ADD TWO MEMBERS TO BE


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APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT AND TO ADJUST THE BOARD MEMBER SEAT NUMBERS ACCORDINGLY; TO AMEND SECTION 59-133-10, RELATING TO THE FRANCIS MARION COLLEGE BOARD OF TRUSTEES, TO REDUCE THE NUMBER OF BOARD MEMBERS FOR EACH CONGRESSIONAL DISTRICT FROM TWO TO ONE, TO ADD A MEMBER TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT, TO MOVE FIVE TRUSTEES TO NEWLY CREATED AT-LARGE SEATS, AND TO ADJUST THE BOARD MEMBER SEAT NUMBERS ACCORDINGLY; TO AMEND SECTION 59-135-10, RELATING TO THE LANDER UNIVERSITY BOARD OF TRUSTEES, TO REDUCE THE NUMBER OF BOARD MEMBERS FOR EACH CONGRESSIONAL DISTRICT FROM TWO TO ONE, TO ADD A MEMBER TO BE APPOINTED FROM THE NEWLY CREATED SEVENTH CONGRESSIONAL DISTRICT, TO MOVE FIVE TRUSTEES TO NEWLY CREATED AT-LARGE SEATS, AND TO ADJUST THE BOARD MEMBER SEAT NUMBERS ACCORDINGLY; TO AMEND SECTION 59-136-110, RELATING TO THE COASTAL CAROLINA UNIVERSITY BOARD OF TRUSTEES, TO REDUCE THE NUMBER OF BOARD MEMBERS FOR EACH CONGRESSIONAL DISTRICT FROM TWO TO ONE, TO ADD A MEMBER TO BE APPOINTED FROM THE NEWLY CREATED SEVENTH CONGRESSIONAL DISTRICT, TO MOVE FIVE TRUSTEES TO NEWLY CREATED AT-LARGE SEATS, AND TO ADJUST THE BOARD MEMBER SEAT NUMBERS ACCORDINGLY; TO AMEND SECTION 60-1-10, RELATING TO THE SOUTH CAROLINA STATE LIBRARY BOARD, TO ADD A MEMBER TO BE APPOINTED FROM THE NEWLY CREATED SEVENTH CONGRESSIONAL DISTRICT AND TO ELIMINATE ONE AT-LARGE SEAT; TO AMEND SECTION 60-13-10, TO INCREASE THE NUMBER OF COMMISSION MEMBERS FOR THE SOUTH CAROLINA MUSEUM COMMISSION, BY ADDING A MEMBER TO BE APPOINTED FROM THE NEWLY CREATED SEVENTH CONGRESSIONAL DISTRICT; TO PROVIDE THAT ANY PERSON ELECTED OR APPOINTED TO SERVE, OR SERVING, AS A MEMBER OF ANY BOARD OR COMMISSION TO REPRESENT A CONGRESSIONAL DISTRICT, WHOSE RESIDENCY IS TRANSFERRED TO ANOTHER DISTRICT BY A CHANGE IN THE COMPOSITION OF THE DISTRICT, MAY CONTINUE TO SERVE THE TERM OF OFFICE FOR WHICH HE


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WAS ELECTED OR APPOINTED; TO PROVIDE THAT THE APPOINTING OR ELECTING AUTHORITY SHALL APPOINT OR ELECT AN ADDITIONAL MEMBER ON THAT BOARD OR COMMISSION FROM THE DISTRICT WHICH LOSES A RESIDENT MEMBER AS A RESULT OF THE TRANSFER TO SERVE UNTIL THE TERM OF THE TRANSFERRED MEMBER EXPIRES; AND TO REQUIRE THAT WHEN A VACANCY OCCURS IN THE DISTRICT TO WHICH A MEMBER HAS BEEN TRANSFERRED, THE VACANCY MUST NOT BE FILLED UNTIL THE FULL TERM OF THE TRANSFERRED MEMBER EXPIRES.
Referred to Committee on Education and Public Works

S. 1364 (Word version) -- Senator Cromer: A BILL TO AMEND SECTIONS 50-5-1705 AND 50-5-1710, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWFUL SIZE AND CATCH LIMITS FOR CERTAIN FISH, SO AS TO PROVIDE LAWFUL SIZE AND CATCH LIMITS FOR SHEEPSHEAD (ARCHOSARGUS PROBATOCEPHALUS).
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 1445 (Word version) -- Senator Land: A JOINT RESOLUTION TO PROVIDE THAT CERTAIN NONRESIDENTS MAY OBTAIN A LIFETIME COMBINATION LICENSE FROM THE DEPARTMENT OF NATURAL RESOURCES UNDER CERTAIN CONDITIONS WHICH GRANTS THE SAME PRIVILEGES AS A STATEWIDE COMBINATION LICENSE DURING A SPECIFIED PERIOD.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 1457 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4261, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 1459 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSIONERS OF PILOTAGE, RELATING TO REQUIREMENTS OF LICENSURE


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FOR PILOTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4249, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works

S. 1460 (Word version) -- Senators Hayes and Gregory: A BILL TO AMEND ACT 270 OF 1981, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF FORT MILL SCHOOL DISTRICT NO. 4 IN YORK COUNTY, SO AS TO PROVIDE FOR THE EXPIRATION DATE OF THE TERMS OF CERTAIN MEMBERS OF THE BOARD IN ORDER TO HAVE ALL MEMBERS OF THE BOARD ELECTED IN NOVEMBER OF EVEN-NUMBERED YEARS.
On motion of Rep. NORMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1461 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 7-7-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN WILLIAMSBURG COUNTY, SO AS TO REDESIGNATE A MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE DIVISION OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC LANGUAGE.
On motion of Rep. SABB, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

ROLL CALL

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

Agnew                  Allen                  Allison
Anderson               Anthony                Atwater
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brannon
Brantley               G. A. Brown            R. L. Brown
Chumley                Clemmons               Clyburn
Cobb-Hunter            Cole                   Corbin
Crosby                 Daning                 Delleney
Dillard                Edge                   Erickson

Printed Page 2584 . . . . . Wednesday, April 25, 2012

Forrester              Frye                   Funderburk
Gambrell               Gilliard               Govan
Hamilton               Hardwick               Harrell
Hayes                  Hearn                  Henderson
Herbkersman            Hiott                  Hixon
Hodges                 Horne                  Hosey
Jefferson              Johnson                King
Limehouse              Loftis                 Long
Lowe                   Lucas                  McCoy
McEachern              D. C. Moss             V. S. Moss
Munnerlyn              Murphy                 J. M. Neal
Neilson                Norman                 Ott
Owens                  Parker                 Parks
Patrick                Pinson                 Pitts
Putnam                 Sabb                   Sandifer
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                 Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, April 25.

James Merrill                     G. Murrell Smith
Richard "Rick" Quinn              Kevin Ryan
Chris Hart                        Walton McLeod
Mia Butler Garrick                Bakari Sellers
Thomas "Tommy" Pope               Gary Simrill
Patsy Knight                      Joseph Neal
David Weeks                       Boyd Brown
Chip Huggins                      Todd Rutherford
James Harrison                    David Mack
Leon Howard

Total Present--118


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LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

STATEMENT FOR THE JOURNAL

Please allow me to speak to the rally for our Veterans on the front steps of the State House. I am on the program. I will return to the House Chamber after the event.

Rep. Bill Hixon

STATEMENT OF ATTENDANCE

Reps. VICK and RUTHERFORD signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, April 24.

DOCTOR OF THE DAY

Announcement was made that Dr. Thomas Rowland of Columbia was the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. D. C. MOSS, V. S. MOSS and TALLON presented to the House the Gaffney High School Boys "Indians" Basketball Team, the Class AAAA Champions, their coaches and other school officials.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or


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co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 4697 (Word version)
Date:   ADD:
04/25/12   NEILSON

CO-SPONSORS ADDED

Bill Number:   H. 4082 (Word version)
Date:   ADD:
04/25/12   NEILSON and CLEMMONS

CO-SPONSOR ADDED

Bill Number:   H. 4766 (Word version)
Date:   ADD:
04/25/12   FUNDERBURK

CO-SPONSOR ADDED

Bill Number:   H. 5049 (Word version)
Date:   ADD:
04/25/12   CLEMMONS

CO-SPONSOR ADDED

Bill Number:   H. 5029 (Word version)
Date:   ADD:
04/25/12   CLEMMONS

CO-SPONSOR ADDED

Bill Number:   H. 4497 (Word version)
Date:   ADD:
04/25/12   KNIGHT

CO-SPONSOR ADDED

Bill Number:   H. 5103 (Word version)
Date:   ADD:
04/25/12   BRANHAM


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CO-SPONSOR REMOVED

Bill Number:   H. 4610 (Word version)
Date:   REMOVE:
04/25/12   MURPHY

CO-SPONSOR REMOVED

Bill Number:   H. 5051 (Word version)
Date:   REMOVE:
04/25/12   STAVRINAKIS

SENT TO THE SENATE

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

H. 5146 (Word version) -- Reps. Long and Norman: A BILL TO AMEND ACT 270 OF 1981, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF FORT MILL SCHOOL DISTRICT NO. 4 IN YORK COUNTY, SO AS TO PROVIDE FOR THE EXPIRATION DATE OF THE TERMS OF CERTAIN MEMBERS OF THE BOARD IN ORDER TO HAVE ALL MEMBERS OF THE BOARD ELECTED IN NOVEMBER OF EVEN-NUMBERED YEARS.

H. 4687 (Word version) -- Reps. King, Parks, Butler Garrick, J. E. Smith and Lucas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-63-74 SO AS TO REQUIRE DEATH CERTIFICATES TO BE ELECTRONICALLY TRANSMITTED AMONG ALL PARTIES REQUIRED TO COMPLETE THE DEATH CERTIFICATE; TO REQUIRE ELECTRONIC FILING OF THE DEATH CERTIFICATE WITH THE BUREAU OF VITAL STATISTICS, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO PROVIDE THAT REQUIRED SIGNATURES MUST BE PROVIDED ELECTRONICALLY; AND TO DEFINE "ELECTRONIC SIGNATURE".

H. 4943 (Word version) -- Reps. Lowe, Crawford, Erickson, Patrick, Brannon, Ott, Bowers, G. A. Brown, Clemmons, Cole, Frye, Merrill, Pitts, Spires, Tallon, White, Knight and G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-715 SO AS TO PROVIDE FOR THE HUNTING OF


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COYOTES, ARMADILLOS, AND FERAL HOGS ON PRIVATE PROPERTY DURING NIGHTTIME HOURS.

H. 4626 (Word version) -- Reps. White, Whipper, R. L. Brown, Gilliard, Jefferson and McLeod: A BILL TO AMEND SECTION 11-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, ESTABLISHING THE SMOKING PREVENTION AND CESSATION TRUST FUND AND THE SOUTH CAROLINA MEDICAID FUND TO RECEIVE REVENUES OF THE TWO AND ONE-HALF CENT SURTAX IMPOSED ON THE SALE OF EACH CIGARETTE, SO AS ESTABLISH THE BREAST CANCER AND COLORECTAL CANCER SCREENING AND TREATMENT TRUST FUND TO WHICH MUST BE DEPOSITED ANNUALLY TWO AND ONE-HALF MILLION DOLLARS IN CIGARETTE SURTAX REVENUES WHICH MUST BE USED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR THE SOLE PURPOSE OF ESTABLISHING A STATEWIDE BREAST CANCER AND COLORECTRAL CANCER SCREENING AND TREATMENT PROGRAM; AND TO AMEND SECTION 12-21-625, RELATING TO THE IMPOSITION OF THE CIGARETTE SURTAX AND THE USE OF THE REVENUES OF THE TAX, SO AS TO PROVIDE THAT TWO AND ONE-HALF MILLION DOLLARS ANNUALLY OF THE SURTAX REVENUE MUST BE CREDITED TO THE BREAST CANCER AND COLORECTAL CANCER SCREENING AND TREATMENT TRUST FUND AND TO REDUCE FROM FIVE MILLION DOLLARS TO TWO AND ONE-HALF MILLION DOLLARS ANNUALLY THE SURTAX REVENUE THAT MUST BE CREDITED TO THE SMOKING PREVENTION AND CESSATION TRUST FUND.

H. 4957 (Word version) -- Reps. Allison, White, Parker and Forrester: A JOINT RESOLUTION TO PROVIDE THAT IN 2013 AND 2014, THE ANNUAL FEE FOR THE AUTOMOBILE MANUFACTURER STANDARD LICENSE PLATE FOR VEHICLES IN THE MANUFACTURER'S EMPLOYEE BENEFIT PROGRAM AND FOR THE TESTING, DISTRIBUTION, EVALUATION, AND PROMOTION OF ITS VEHICLES IS SEVEN HUNDRED TWO DOLLARS, TO PROVIDE THAT TWENTY DOLLARS OF EACH FEE IS CREDITED TO THE GENERAL FUND OF THE STATE AND THE BALANCE TO LOCAL GOVERNMENTS, AND TO


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PROVIDE THAT THE ENTIRE FEE AMOUNT BE CREDITED TO THE GENERAL FUND OF THE STATE FOR NONRESIDENT PARTICIPANTS IN THE EMPLOYEE BENEFIT PROGRAM.

H. 4821 (Word version) -- Reps. G. M. Smith, Pitts, Murphy, Horne, Hearn, McCoy, Stavrinakis, Bannister and Harrison: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COURT FEES AND COSTS, SO AS TO PROVIDE FOR THE FILING OF COURT DOCUMENTS BY ELECTRONIC MEANS FROM AN INTEGRATED ELECTRONIC FILING (E-FILING) SYSTEM AND TO PROVIDE THAT FEES GENERATED FROM E-FILING ARE TO BE USED IN SUPPORT OF COURT TECHNOLOGY.

H. 3987 (Word version) -- Reps. Nanney, Brantley, Spires, Loftis, J. R. Smith, Stringer, Corbin, G. R. Smith, Clemmons, Crawford, Hamilton, Long, D. C. Moss, Simrill and Weeks: A BILL TO AMEND SECTION 63-17-2310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES REQUIRED TO PROVIDE INFORMATION TO THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF ESTABLISHING, MODIFYING, AND ENFORCING CHILD SUPPORT OBLIGATIONS, SO AS TO ALSO REQUIRE THESE ENTITIES TO PROVIDE THIS INFORMATION TO CLERKS OF COURT FOR THE SAME PURPOSE IN CASES NOT BEING ADMINISTERED PURSUANT TO TITLE IV-D OF THE SOCIAL SECURITY ACT BY THE DEPARTMENT OF SOCIAL SERVICES.

H. 4758 (Word version) -- Reps. Johnson, Brantley, Sabb, Govan, Brannon, Munnerlyn, Anthony, Edge, Pope, Simrill, Whipper and Weeks: A BILL TO AMEND SECTION 14-7-110 AND SECTION 14-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY COMMISSIONERS FOR THE PURPOSE OF THE SUMMONING OF JURORS IN CIRCUIT COURT AND THE USE OF A COMPUTER FOR THE DRAWING AND SUMMONING OF JURORS IN CIRCUIT COURT, RESPECTIVELY, BOTH SO AS TO DELETE REFERENCES TO JURY COMMISSIONERS AND ALLOW THE CLERK OF COURT OR THE DEPUTY CLERK TO PERFORM THE FUNCTION OF DRAWING AND SUMMONING JURORS.


Printed Page 2590 . . . . . Wednesday, April 25, 2012

H. 4516 (Word version) -- Reps. Harrison and Weeks: A BILL TO AMEND SECTION 43-35-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INVESTIGATION OF ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS IN CERTAIN FACILITIES OPERATED BY THE STATE, SO AS TO PROVIDE THAT NONCRIMINAL REPORTS OF ABUSE, NEGLECT, AND EXPLOITATION OF PERSONS COMMITTED TO THE DEPARTMENT OF MENTAL HEALTH PURSUANT TO THE SEXUALLY VIOLENT PREDATOR ACT MUST BE REFERRED BY THE STATE LAW ENFORCEMENT DIVISION TO THE CLIENT ADVOCACY PROGRAM OF THE DEPARTMENT OF MENTAL HEALTH FOR INVESTIGATION.

H. 3274 (Word version) -- Reps. Huggins, Atwater, Hamilton, Stringer, Nanney, Henderson, G. R. Smith, Weeks, Clemmons, Whipper and R. L. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-37-5 SO AS TO DEFINE THE TERMS "MALICIOUS PROPERTY DAMAGE" AND "THREAT TO HUMAN LIFE"; TO AMEND SECTION 27-37-30, RELATING TO A RULE TO SHOW CAUSE FOR THE EJECTMENT OF A TENANT, SO AS TO PROVIDE THE RULE MAY BE SERVED BY AFFIXING A COPY OF IT ALONE TO THE MOST CONSPICUOUS PART OF THE PREMISES IF GROUNDS FOR EJECTMENT FOR A RESIDENTIAL RENTAL AGREEMENT ARE CIRCUMSTANCES THAT CONSTITUTE MALICIOUS PROPERTY DAMAGE OR A THREAT TO HUMAN LIFE; TO AMEND SECTION 27-37-40, RELATING TO TENANT EJECTMENT ON FAILURE TO SHOW CAUSE, SO AS TO PROVIDE IF GROUNDS FOR EJECTMENT CONSTITUTE MALICIOUS PROPERTY DAMAGE OR THREAT TO HUMAN LIFE AND TENANT FAILS TO APPEAR AND SHOW CAUSE WITHIN FIVE DAYS, THE MAGISTRATE IMMEDIATELY SHALL ISSUE AN EJECTMENT WARRANT AND TENANT MUST BE EJECTED BY CERTAIN LAW ENFORCEMENT OFFICERS; AND TO AMEND SECTION 27-40-720, RELATING TO LANDLORD REMEDIES FOR TENANT NONCOMPLIANCE AFFECTING HEALTH AND SAFETY, SO AS TO PROVIDE AN EMERGENCY MEANS CIRCUMSTANCES CONSIDERED TO THREATEN SIGNIFICANT PROPERTY DAMAGE OR HUMAN LIFE.


Printed Page 2591 . . . . . Wednesday, April 25, 2012

H. 5104 (Word version) -- Reps. McLeod and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 TO TITLE 2 SO AS TO REQUIRE ALL TESTIMONY GIVEN TO A COMMITTEE OR SUBCOMMITTEE OF THE GENERAL ASSEMBLY MUST BE UNDER OATH AND TO CREATE THE OFFENSES OF CONTEMPT OF THE GENERAL ASSEMBLY AND CRIMINAL CONTEMPT AND PROVIDE A PENALTY FOR A VIOLATION.

LEAVE OF ABSENCE

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

S. 1413--DEBATE ADJOURNED

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

S. 1413 (Word version) -- Senator Peeler: A BILL TO AMEND ACT 587 OF 1992, AS AMENDED, RELATING TO CHEROKEE COUNTY SCHOOL DISTRICT 1, SO AS TO REAPPORTION THE SPECIFIC ELECTION DISTRICTS FROM WHICH MEMBERS OF THE GOVERNING BODY OF CHEROKEE COUNTY SCHOOL DISTRICT 1 MUST BE ELECTED BEGINNING WITH SCHOOL TRUSTEE ELECTIONS IN 2012, AND TO PROVIDE FOR DEMOGRAPHIC INFORMATION IN REGARD TO THESE NEWLY DRAWN ELECTION DISTRICTS.

ORDERED ENROLLED FOR RATIFICATION

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

S. 1316 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 7-7-450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN PICKENS COUNTY, SO AS TO REDESIGNATE A MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE DIVISION OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO CORRECT ARCHAIC LANGUAGE.


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H. 5025--DEBATE ADJOURNED

Rep. COBB-HUNTER moved to adjourn debate upon the following Bill, which was adopted:

H. 5025 (Word version) -- Reps. Govan, Cobb-Hunter, King, Limehouse, J. H. Neal, Ott, R. L. Brown, Gilliard and Ways and Means: A BILL TO AMEND SECTION 59-127-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY, SO AS TO REVISE THE NUMBER OF BOARD MEMBERS AND THE MANNER IN WHICH MEMBERS OF THE BOARD ARE ELECTED TO ACCOUNT FOR THE NEW SEVENTH CONGRESSIONAL DISTRICT AND THREE ALUMNI MEMBERS, AND TO REVISE OTHER PROVISIONS RELATING TO TERMS OF BOARD MEMBERS, INCLUDING A PROVISION THAT THE TERMS OF ALL PRESENTLY ELECTED MEMBERS OF THE BOARD SHALL EXPIRE ON JUNE 30, 2012, AT WHICH TIME THEIR SUCCESSORS ELECTED AS PROVIDED BY THIS SECTION SHALL TAKE OFFICE.

H. 4497--DEBATE ADJOURNED

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

H. 4497 (Word version) -- Reps. Sellers, Johnson, Brady, Gilliard, Jefferson and Knight: A BILL 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 SHALL OFFER AS AN OPTION THE CERVICAL CANCER VACCINE SERIES TO FEMALE STUDENTS ENROLLING IN THE SEVENTH GRADE; TO PROVIDE THE STUDENT MAY ONLY RECEIVE THESE VACCINATIONS AT THE OPTION OF THE PARENT OR GUARDIAN OF THE CHILD; TO PROVIDE A PROCEDURE THROUGH WHICH A PARENT OR GUARDIAN MAY EXERCISE THE OPTION FOR THEIR CHILD TO RECEIVE THESE VACCINATIONS; TO REQUIRE A RELATED EDUCATION PROGRAM; AND TO PROVIDE THAT IMPLEMENTATION OF


Printed Page 2593 . . . . . Wednesday, April 25, 2012

THIS SECTION IS CONTINGENT UPON STATE AND FEDERAL FUNDING.

H. 5138--ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 5138 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO ADMINISTRATIVE CITATIONS AND PENALTIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4279, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. SPIRES explained the Joint Resolution.

The yeas and nays were taken resulting as follows:

Yeas 100; Nays 0

Those who voted in the affirmative are:

Allen                  Allison                Anderson
Anthony                Atwater                Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Bowers                 Brady
Brannon                Brantley               G. A. Brown
H. B. Brown            R. L. Brown            Butler Garrick
Chumley                Clemmons               Clyburn
Cobb-Hunter            Cole                   Corbin
Crosby                 Daning                 Delleney
Dillard                Erickson               Frye
Funderburk             Gilliard               Govan
Hamilton               Hardwick               Harrell
Hart                   Hayes                  Hearn
Henderson              Herbkersman            Hodges
Horne                  Hosey                  Huggins
Jefferson              Johnson                King
Limehouse              Loftis                 Long
Lowe                   Lucas                  McCoy
McEachern              McLeod                 Merrill
D. C. Moss             V. S. Moss             Munnerlyn

Printed Page 2594 . . . . . Wednesday, April 25, 2012

Murphy                 J. M. Neal             Neilson
Norman                 Ott                    Owens
Parker                 Patrick                Pinson
Putnam                 Quinn                  Ryan
Sabb                   Sandifer               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
Young

Total--100

Those who voted in the negative are:

Total--0

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

H. 5080--DEBATE ADJOURNED

Rep. SANDIFER moved to adjourn debate upon the following Bill until Wednesday, May 9, which was adopted:

H. 5080 (Word version) -- Reps. Mack and Sandifer: A BILL TO AMEND SECTION 34-13-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TOTAL LIABILITIES OF ANY ONE BORROWER TO A BANK, SO AS TO DEFINE "TOTAL LIABILITIES" WHICH SHALL INCLUDE "DERIVATIVE TRANSACTIONS" AND TO ALSO DEFINE "DERIVATIVE TRANSACTIONS" FOR THIS PURPOSE; AND TO AMEND SECTION 34-13-70, RELATING TO THE MAXIMUM AMOUNT OF LOANS BY A STATE BANK TO A BORROWER, SO AS TO DEFINE "LOAN" WHICH SHALL INCLUDE "DERIVATIVE TRANSACTIONS", AND TO ALSO DEFINE "DERIVATIVE TRANSACTIONS" FOR THIS PURPOSE.


Printed Page 2595 . . . . . Wednesday, April 25, 2012

H. 5029--DEBATE ADJOURNED

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

H. 5029 (Word version) -- Reps. Thayer, Owens, Simrill, Brantley, Murphy, Gambrell, McCoy, Stavrinakis, Brannon, J. M. Neal, Agnew, Atwater, Daning, Long, Putnam, Erickson, Herbkersman, Patrick, Stringer, Ryan, Hamilton, Bedingfield, Anderson, Forrester, Sellers, Brady, Bowen, G. A. Brown, Clemmons and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-15-315 SO AS TO PROVIDE FOR OFF-SITE DISPLAYS OF AUTOMOBILES AND CERTAIN TRUCKS UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS PROVISION.

RECURRENCE TO THE MORNING HOUR

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5168 (Word version) -- Reps. Limehouse, Daning, Sottile, Gilliard, Stavrinakis, Harrell, R. L. Brown, Crosby, Horne, Mack, McCoy, Merrill, Murphy, Ryan and Whipper: A CONCURRENT RESOLUTION TO REQUEST THAT, NOTWITHSTANDING THE PROVISION CONTAINED IN ACT 624 OF 1986, THE DEPARTMENT OF TRANSPORTATION SHALL NOT CLOSE THE UNPAVED PORTION OF HARBORTOWNE ROAD IN CHARLESTON COUNTY.

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

INTRODUCTION OF BILL

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

H. 5167 (Word version) -- Rep. Frye: A BILL TO REAPPORTION THE SEVEN SPECIFIC ELECTION DISTRICTS FROM WHICH CERTAIN MEMBERS OF THE GOVERNING BODY OF THE SALUDA COUNTY SCHOOL DISTRICT MUST BE ELECTED BEGINNING


Printed Page 2596 . . . . . Wednesday, April 25, 2012

WITH SCHOOL TRUSTEE ELECTIONS IN 2012, AND TO PROVIDE FOR DEMOGRAPHIC INFORMATION IN REGARD TO THESE NEWLY DRAWN ELECTION DISTRICTS, AND MAKE NECESSARY CONFORMING CHANGES.
On motion of Rep. FRYE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1413--DEBATE ADJOURNED

Rep. TALLON moved to adjourn debate upon the following Bill until Thursday, April 26, which was adopted:

S. 1413 (Word version) -- Senator Peeler: A BILL TO AMEND ACT 587 OF 1992, AS AMENDED, RELATING TO CHEROKEE COUNTY SCHOOL DISTRICT 1, SO AS TO REAPPORTION THE SPECIFIC ELECTION DISTRICTS FROM WHICH MEMBERS OF THE GOVERNING BODY OF CHEROKEE COUNTY SCHOOL DISTRICT 1 MUST BE ELECTED BEGINNING WITH SCHOOL TRUSTEE ELECTIONS IN 2012, AND TO PROVIDE FOR DEMOGRAPHIC INFORMATION IN REGARD TO THESE NEWLY DRAWN ELECTION DISTRICTS.

H. 5025--DEBATE ADJOURNED

Rep. COBB-HUNTER moved to adjourn debate upon the following Bill, which was adopted:

H. 5025 (Word version) -- Reps. Govan, Cobb-Hunter, King, Limehouse, J. H. Neal, Ott, R. L. Brown, Gilliard and Ways and Means: A BILL TO AMEND SECTION 59-127-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY, SO AS TO REVISE THE NUMBER OF BOARD MEMBERS AND THE MANNER IN WHICH MEMBERS OF THE BOARD ARE ELECTED TO ACCOUNT FOR THE NEW SEVENTH CONGRESSIONAL DISTRICT AND THREE ALUMNI MEMBERS, AND TO REVISE OTHER PROVISIONS RELATING TO TERMS OF BOARD MEMBERS, INCLUDING A PROVISION THAT THE TERMS OF ALL PRESENTLY ELECTED MEMBERS OF THE BOARD SHALL EXPIRE ON JUNE 30, 2012, AT WHICH TIME THEIR SUCCESSORS ELECTED AS PROVIDED BY THIS SECTION SHALL TAKE OFFICE.


Printed Page 2597 . . . . . Wednesday, April 25, 2012

LEAVE OF ABSENCE

The SPEAKER granted Rep. J. E. SMITH a temporary leave of absence.

H. 4497--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4497 (Word version) -- Reps. Sellers, Johnson, Brady, Gilliard, Jefferson and Knight: A BILL 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 SHALL OFFER AS AN OPTION THE CERVICAL CANCER VACCINE SERIES TO FEMALE STUDENTS ENROLLING IN THE SEVENTH GRADE; TO PROVIDE THE STUDENT MAY ONLY RECEIVE THESE VACCINATIONS AT THE OPTION OF THE PARENT OR GUARDIAN OF THE CHILD; TO PROVIDE A PROCEDURE THROUGH WHICH A PARENT OR GUARDIAN MAY EXERCISE THE OPTION FOR THEIR CHILD TO RECEIVE THESE VACCINATIONS; TO REQUIRE A RELATED EDUCATION PROGRAM; AND TO PROVIDE THAT IMPLEMENTATION OF THIS SECTION IS CONTINGENT UPON STATE AND FEDERAL FUNDING.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 to H. 4497 (COUNCIL\AGM\19555AB12), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION   1.   This act may be cited as the "Cervical Cancer Prevention Act".
SECTION   2.   Chapter 29, Title 44 of the 1976 Code is amended by adding:

"Section 44-29-187.   (A)   Beginning with the 2012-2013 school year, the Department of Health and Environmental Control shall offer the cervical cancer vaccination for adolescent students enrolling in the seventh grade in any school, public or private, in this State. No student is required to have the cervical cancer series before enrolling or attending school.


Printed Page 2598 . . . . . Wednesday, April 25, 2012

(B)(1)   The department shall develop and provide to each school whose grade levels include grade six informational brochures concerning adolescent vaccinations, including the cervical cancer vaccination series. The information shall also specifically mention the optional nature of the cancer vaccination series and shall encourage the parent or guardian of a student to take the child to their own health care provider to be vaccinated.

(2)   At the beginning of the school year each school district shall provide these informational brochures to the parents or guardians of all students in the sixth grade.

(C)   For the purposes of this section 'cervical cancer vaccination series' means the human papillomavirus vaccination series.

(D)   Implementation of this section is contingent upon the appropriation of state and federal funding to the department to fully cover the costs of providing this vaccine to eligible students as well as the availability of funds to produce the informational materials referenced in this section."
SECTION   3.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. SELLERS explained the amendment.
The amendment was then adopted, by a division vote of 49 to 21.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 63; Nays 40

Those who voted in the affirmative are:

Agnew                  Allen                  Anderson
Anthony                Bales                  Ballentine
Battle                 Bingham                Bowers
Brady                  Branham                Brannon
Brantley               G. A. Brown            H. B. Brown
R. L. Brown            Butler Garrick         Clyburn
Cobb-Hunter            Cole                   Daning
Dillard                Funderburk             Gilliard
Hardwick               Harrell                Hart
Hayes                  Hearn                  Henderson
Hiott                  Hodges                 Horne

Printed Page 2599 . . . . . Wednesday, April 25, 2012

Hosey                  Jefferson              Johnson
King                   Knight                 Long
McEachern              McLeod                 Merrill
V. S. Moss             Munnerlyn              Murphy
J. M. Neal             Neilson                Ott
Owens                  Parker                 Pinson
Pope                   Quinn                  Sabb
Sellers                Skelton                Spires
Stavrinakis            Taylor                 Tribble
Weeks                  Whipper                Williams

Total--63

Those who voted in the negative are:

Allison                Atwater                Bannister
Barfield               Bedingfield            Bowen
Chumley                Clemmons               Corbin
Crosby                 Delleney               Erickson
Forrester              Frye                   Hamilton
Huggins                Limehouse              Loftis
Lucas                  McCoy                  D. C. Moss
Norman                 Patrick                Putnam
Ryan                   Sandifer               Simrill
G. M. Smith            G. R. Smith            J. R. Smith
Sottile                Southard               Stringer
Tallon                 Thayer                 Toole
White                  Whitmire               Willis
Young

Total--40

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

STATEMENT FOR THE JOURNAL

I have no objections to citizens choosing the option to take any vaccine of their choosing to prevent a disease. I do have concerns when a governmental agency is given a mandate to promote vaccinations that are known to have serious side effects, when there is no assurance that side effects are fully explained. Many parents feel pressured to accept


Printed Page 2600 . . . . . Wednesday, April 25, 2012

these recommendations out of fear of cancer on the word of the school or agency.
These vaccines, for the most part, are given to prevent sexually transmitted diseases, which frequently result in cancer. As an example of one of these drugs, Gardasil, is a vaccine for HPV. Among this vaccine's serious side effects are autoimmune disorders and Guillain Barre Syndrome. This is but an example of my concerns and thus my vote.
Concerned support groups report numerous calls from parents who believe their daughters have been damaged by these vaccines. In addition to verified side effects, parents state they feel extreme side effects were responsible for seizures, autoimmune disorders and the over one hundred deaths that have occurred.
The above concerns are the reason for my no vote. Currently there is no restriction for a parent or a citizen asking that these vaccines be administered if they so desire.
Rep. Dwight Loftis

H. 4497--MOTION TO RECONSIDER TABLED

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

H. 4497 (Word version) -- Reps. Sellers, Johnson, Brady, Gilliard, Jefferson and Knight: A BILL 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 SHALL OFFER AS AN OPTION THE CERVICAL CANCER VACCINE SERIES TO FEMALE STUDENTS ENROLLING IN THE SEVENTH GRADE; TO PROVIDE THE STUDENT MAY ONLY RECEIVE THESE VACCINATIONS AT THE OPTION OF THE PARENT OR GUARDIAN OF THE CHILD; TO PROVIDE A PROCEDURE THROUGH WHICH A PARENT OR GUARDIAN MAY EXERCISE THE OPTION FOR THEIR CHILD TO RECEIVE THESE VACCINATIONS; TO REQUIRE A RELATED EDUCATION PROGRAM; AND TO PROVIDE THAT IMPLEMENTATION OF


Printed Page 2601 . . . . . Wednesday, April 25, 2012

THIS SECTION IS CONTINGENT UPON STATE AND FEDERAL FUNDING.

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

H. 5029--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 5029 (Word version) -- Reps. Thayer, Owens, Simrill, Brantley, Murphy, Gambrell, McCoy, Stavrinakis, Brannon, J. M. Neal, Agnew, Atwater, Daning, Long, Putnam, Erickson, Herbkersman, Patrick, Stringer, Ryan, Hamilton, Bedingfield, Anderson, Forrester, Sellers, Brady, Bowen, G. A. Brown, Clemmons and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-15-315 SO AS TO PROVIDE FOR OFF-SITE DISPLAYS OF AUTOMOBILES AND CERTAIN TRUCKS UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS PROVISION.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 to H. 5029 (COUNCIL\SWB\ 5276CM12), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION   1.   Article 3, Chapter 15, Title 56 of the 1976 Code is amended by adding:

"Section 56-15-315.   (A)   Notwithstanding another provision of law, off-site displays of automobiles or trucks are prohibited except as provided in this section. A licensed South Carolina automobile dealer or dealer of trucks may display not more than ten automobiles or trucks per licensed dealership off-site only at nonselling temporary events lasting no more than ten days hosted by a South Carolina based: charitable organization as defined in the South Carolina Solicitation of Charitable Funds Act for fundraising purposes; school fundraising event; church fundraising event; town fair, town festival; or any other similar festival or event.

(B)   Used automobile or truck dealers may display used automobiles or trucks off-site as provided in this section in the county in which their dealership is located.


Printed Page 2602 . . . . . Wednesday, April 25, 2012

(C)   Displays may be conducted only by South Carolina licensed dealers. Any automobile or truck displayed must be owned by the dealer. Any person or automobile or truck dealer who violates these provisions is subject to a five hundred dollar fine.

(D)   Off-site displays are for display purposes only. Sales or attempts to sell as defined in Section 56-15-10(L), or both, are not permitted off-site. An automobile or truck dealer who sells or attempts to affect the off-site sale of any automobile or truck is in violation of this section and is subject to a two thousand dollar fine. An agent of an automobile or truck dealer who sells or attempts to affect the off-site sale of an automobile or truck is subject to a five hundred dollar fine.

(E)   A motor vehicle manufacturer cannot require a franchised automobile or truck dealer to display automobiles or trucks off-site.

(F)   Nothing in this section shall prohibit an automobile or truck dealer from participating in one nonselling statewide motor vehicle show in South Carolina per year, or a manufacturer, individual automobile owner or truck owner from displaying their vehicles.

(G)   Nothing in this section shall be construe to prevent a licensed dealer from providing vehicles for demonstration or test driving purposes specified in Section 56-3-2320.

(H)   The department of Motor Vehicles shall enforce the provisions contained in this section." /
Renumber sections to conform.
Amend title to conform.

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

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 104; Nays 0

Those who voted in the affirmative are:

Agnew                  Allen                  Allison
Anderson               Anthony                Atwater
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brannon
Brantley               G. A. Brown            H. B. Brown

Printed Page 2603 . . . . . Wednesday, April 25, 2012

R. L. Brown            Butler Garrick         Chumley
Clemmons               Clyburn                Cobb-Hunter
Cole                   Corbin                 Crosby
Daning                 Delleney               Dillard
Erickson               Forrester              Frye
Funderburk             Gilliard               Hamilton
Hardwick               Harrell                Hart
Hayes                  Hearn                  Henderson
Herbkersman            Hiott                  Hodges
Horne                  Hosey                  Huggins
Jefferson              Johnson                King
Knight                 Limehouse              Loftis
Long                   Lucas                  McCoy
McEachern              McLeod                 Merrill
D. C. Moss             V. S. Moss             Munnerlyn
Murphy                 J. M. Neal             Neilson
Norman                 Ott                    Owens
Parker                 Patrick                Pinson
Pope                   Putnam                 Quinn
Ryan                   Sabb                   Sandifer
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Southard               Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Toole                  Tribble
Vick                   Weeks                  Whipper
White                  Whitmire               Williams
Willis                 Young

Total--104

Those who voted in the negative are:

Total--0

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


Printed Page 2604 . . . . . Wednesday, April 25, 2012

H. 4944--REQUEST FOR DEBATE AND DEBATE ADJOURNED

The following Bill was taken up:

H. 4944 (Word version) -- Reps. Crawford, Patrick, Herbkersman, Brady, Bedingfield, Anderson, Sandifer, Erickson, McCoy, Brannon, Bowers, Gambrell, Hayes, Limehouse, Lowe, Mack, Pinson, Spires, Edge, Stavrinakis and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA TELEMEDICINE INSURANCE REIMBURSEMENT ACT"; BY ADDING SECTION 38-71-295 SO AS TO PROVIDE RELATED DEFINITIONS, TO PROVIDE FOR A PHYSICIAN OR OTHER HEALTH CARE PROVIDER THAT PERFORMS TELEMEDICINE SERVICES IN A CERTAIN MANNER MUST BE REIMBURSED FOR THOSE SERVICES IN THE SAME MANNER AS HEALTH CARE SERVICES PROVIDED THROUGH AN IN-PERSON CONSULTATION, TO PROVIDE DELIVERY OF HEALTH CARE BY MEANS OF TELEMEDICINE MUST SATISFY CERTAIN REQUIREMENTS FOR DELIVERING THE SAME CARE IN PERSON; AND TO PROVIDE THE SOUTH CAROLINA BOARD OF MEDICAL EXAMINERS MAY AUTHORIZE THE PROVISION OF ADDITIONAL HEALTH CARE SERVICES BY CERTAIN MEANS THROUGH THE USE OF STANDARD TELEPHONE, FACSIMILE TRANSMISSIONS, UNSECURED ELECTRONIC MAIL, OR A COMBINATION OF THEM, SUBJECT TO AN EXCEPTION.

Rep. KING requested debate on the Bill.

Rep. OTT moved to adjourn debate on the Bill until Tuesday, May 1.

Rep. BEDINGFIELD moved to table the motion.

By a division vote of 33 to 35, the House refused to table the motion to adjourn debate.

The question then recurred to the motion to adjourn debate until Tuesday, May 1, which was agreed to.


Printed Page 2605 . . . . . Wednesday, April 25, 2012

H. 5103--DEBATE ADJOURNED

Rep. SANDIFER moved to adjourn debate upon the following Bill until Thursday, April 26, which was adopted:

H. 5103 (Word version) -- Reps. Sandifer, Spires, Brannon and Branham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 18 TO CHAPTER 71, TITLE 38 SO AS TO PROVIDE THE RIGHTS OF A PHARMACY WHEN UNDERGOING AN AUDIT CONDUCTED BY A MANAGED CARE COMPANY, INSURANCE COMPANY, THIRD-PARTY PAYER, OR AN ENTITY RESPONSIBLE FOR PAYMENT OF CLAIMS FOR HEALTH CARE SERVICES; TO REQUIRE THE AUDITING ENTITY TO ESTABLISH AN APPEALS PROCESS; AND TO PROVIDE FOR THE RECOUPMENT OF FUNDS UNDER CERTAIN CIRCUMSTANCES.

H. 4995--DEBATE ADJOURNED

Rep. STRINGER moved to adjourn debate upon the following Bill until Thursday, April 26, which was adopted:

H. 4995 (Word version) -- Reps. Stringer, Bingham, Harrell, Parker, Ballentine, Ryan, Bedingfield, G. R. Smith, Brady, Thayer, Patrick, Erickson, Nanney, Taylor, J. R. Smith, Allison, Bannister, Bowen, Hamilton, Henderson, Hixon, Horne, Limehouse, Loftis, Long, Owens, Tallon, Forrester, Pope, Simrill and Sottile: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE VARIOUS EXEMPTIONS; TO AMEND SECTION 12-36-2620, RELATING TO THE COMPONENTS OF THE SALES TAX, SO AS TO DELETE THE ONE PERCENT EXEMPTION TO INDIVIDUALS OVER EIGHTY-FIVE YEARS OF AGE; TO REPEAL SECTIONS 12-36-2130 AND 12-36-2610 RELATING TO THE STATE SALES TAX; TO PROVIDE THAT THE ADDITIONAL REVENUE GENERATED BY THIS ACT MUST BE USED TO REDUCE THE OVERALL SALES TAX RATE; AND TO RE-ENACT THE JOINT COMMITTEE ON TAXATION AND REQUIRE THE COMMITTEE TO REVIEW THE PROVISIONS OF SECTION 12-36-2120.


Printed Page 2606 . . . . . Wednesday, April 25, 2012

H. 5049--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 5049 (Word version) -- Reps. Merrill, Brannon and Clemmons: A BILL TO AMEND SECTION 12-43-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPEAL OF A PROPERTY ASSESSMENT VALUE, SO AS TO PROVIDE THAT THE APPEAL MUST BE BASED ON THE MARKET VALUES OF REAL PROPERTY AS OF DECEMBER THIRTY-FIRST OF THE TAX YEAR UNDER APPEAL; TO AMEND SECTION 12-60-2510, RELATING TO A PROPERTY TAX ASSESSMENT NOTICE, SO AS TO PROVIDE THAT IN A YEAR IN WHICH AN ASSESSABLE TRANSFER OF INTEREST OCCURS DUE TO A CONVEYANCE, IF THE ASSESSOR DETERMINES THAT FAIR MARKET VALUE IS MORE THAN THE PURCHASE PRICE, THE ASSESSOR SHALL STATE WITH PARTICULARITY, THE BASIS FOR THE INCREASE IN FAIR MARKET VALUE, TO PROVIDE THAT THE TAXPAYER AT LEAST HAS THIRTY DAYS OF RECEIPT OF THE TAX NOTICE TO APPEAL, AND TO REQUIRE THE ASSESSOR TO INCLUDE A PROPERTY TAX REFUND ASSIGNMENT CONTRACT IN CERTAIN CASES; TO AMEND SECTION 12-60-2530, RELATING TO AN APPEAL TO THE COUNTY BOARD OF ASSESSMENT APPEALS, SO AS TO PROVIDE THAT IN THE CASE OF A TIE VOTE, THE ASSESSOR'S DETERMINATION IS OVERTURNED; BY ADDING SECTION 12-60-2570 SO AS TO PROVIDE THAT THE COUNTY ASSESSOR SHALL HAVE THE BURDEN OF PROOF IN A PROPERTY TAX APPEAL; AND BY ADDING SECTION 12-60-2580 SO AS TO ALLOW A TAXPAYER TO APPEAL THE VALUE ONCE EVERY FIVE YEARS AND TO PROVIDE EXCEPTIONS.

The Committee on Ways and Means proposed the following Amendment No. 1 to H. 5049 (COUNCIL\NBD\12357DG12), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 3.
Renumber sections to conform.
Amend title to conform.

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


Printed Page 2607 . . . . . Wednesday, April 25, 2012

Rep. MERRILL explained the Bill.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 102; Nays 0

Those who voted in the affirmative are:

Agnew                  Allen                  Allison
Anderson               Anthony                Atwater
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brannon
Brantley               G. A. Brown            H. B. 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                Hayes
Hearn                  Henderson              Herbkersman
Hiott                  Hodges                 Horne
Hosey                  Huggins                Jefferson
Johnson                King                   Limehouse
Loftis                 Long                   Lucas
McCoy                  McEachern              McLeod
Merrill                D. C. Moss             V. S. Moss
Munnerlyn              Murphy                 J. M. Neal
Neilson                Norman                 Ott
Owens                  Parker                 Patrick
Pinson                 Pope                   Putnam
Quinn                  Rutherford             Ryan
Sabb                   Sandifer               Sellers
Simrill                Skelton                G. R. Smith
J. R. Smith            Sottile                Southard
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Toole                  Tribble                Vick

Printed Page 2608 . . . . . Wednesday, April 25, 2012

Weeks                  White                  Whitmire
Williams               Willis                 Young

Total--102

Those who voted in the negative are:

Total--0

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

H. 4484--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4484 (Word version) -- Reps. Ballentine, Clyburn, Atwater and Huggins: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATIONS FOR ASSESSMENT RATIOS, SO AS TO PROVIDE THAT, UNDER CERTAIN CIRCUMSTANCES, A TAXPAYER MAY CLAIM THE FOUR PERCENT ASSESSMENT RATIO FOR TWO RESIDENTIAL PROPERTIES LOCATED IN THE STATE SO LONG AS THE TAXPAYER IS ATTEMPTING TO SELL THE FIRST ACQUIRED RESIDENCE.

The Ways and Means Committee proposed the following Amendment No. 1 to H. 4484 (COUNCIL\NBD\12372DG12), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Section 12-43-220(c) of the 1976 Code, as last amended by Act 76 of 2009, is further amended by adding an appropriately numbered subitem at the end to read:

"( )(i)   Notwithstanding any other provision of law, a taxpayer meeting all the other requirements of this subsection, may claim the four percent assessment ratio for two residential properties located in the State so long as the taxpayer attempts to sell the first acquired residence within thirty days of acquiring the second residence. The taxpayer must continue to attempt to sell the first acquired residence in any year in which four percent assessment ratio is claimed. Also, the first acquired residence must remain vacant and unused.


Printed Page 2609 . . . . . Wednesday, April 25, 2012

(ii)   The four percent assessment ratio may not be claimed on both residences for more than one property tax year.

(iii)   This subitem does not apply unless the owner of the properties or the owner's agent applies for the four percent assessment ratio on both residences before the first penalty date for the payment of taxes for the tax year for which the owner first claims eligibility for this assessment ratio. The burden of proof for eligibility for the four percent assessment ratio on both residences is on the taxpayer. The taxpayer must provide the proof the assessor requires, including, but not limited to, a copy of the owner's most recently filed South Carolina individual income tax return, copies of South Carolina motor vehicle registrations for all motor vehicles registered in the name of the owner, and other proof required by the assessor necessary to determine eligibility for the assessment ratio allowed by this subitem.

(iv)   The special four percent assessment ratio allowed by this subitem must be construed as a property tax exemption for an amount of the fair market value of the residence sufficient to equal a four percent assessment ratio and other exemptions allowed applicable to property qualifying for the special assessment ratio."
SECTION   2.   This act takes effect upon approval by the Governor and applies for property tax years beginning after 2011. /
Renumber sections to conform.
Amend title to conform.

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

Rep. BALLENTINE explained the Bill.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 98; Nays 0

Those who voted in the affirmative are:

Agnew                  Allen                  Allison
Anderson               Anthony                Atwater
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brannon

Printed Page 2610 . . . . . Wednesday, April 25, 2012

Brantley               G. A. Brown            H. B. Brown
R. L. Brown            Butler Garrick         Chumley
Clemmons               Clyburn                Cobb-Hunter
Cole                   Corbin                 Delleney
Erickson               Forrester              Frye
Funderburk             Gambrell               Hamilton
Hardwick               Harrell                Hart
Hayes                  Hearn                  Henderson
Herbkersman            Hodges                 Horne
Hosey                  Huggins                Jefferson
Johnson                King                   Knight
Limehouse              Loftis                 Long
Lowe                   Lucas                  McCoy
McEachern              McLeod                 Merrill
D. C. Moss             V. S. Moss             Munnerlyn
Murphy                 J. H. Neal             J. M. Neal
Neilson                Norman                 Ott
Owens                  Parker                 Patrick
Pinson                 Pitts                  Pope
Putnam                 Quinn                  Ryan
Sabb                   Sandifer               Simrill
G. M. Smith            J. R. Smith            Sottile
Southard               Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Toole                  Tribble                Weeks
White                  Whitmire               Williams
Willis                 Young

Total--98

Those who voted in the negative are:

Total--0

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

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


Printed Page 2611 . . . . . Wednesday, April 25, 2012

H. 3710--REQUESTS FOR DEBATE WITHDRAWN

Reps. BEDINGFIELD, LONG, PUTNAM, THAYER, ATWATER, LOWE and TOOLE withdrew their requests for debate on the following Bill:

H. 3710 (Word version) -- Reps. J. E. Smith, Hayes, D. C. Moss and Sandifer: A BILL 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, AND TO PROVIDE TIME LIMITS ON THE VALIDITY OF THIS LICENSE.

H. 4766--REQUESTS FOR DEBATE WITHDRAWN

Reps. ALLISON, COBB-HUNTER, CLYBURN, HOSEY, BRANHAM, BALES, NEILSON, KING, JEFFERSON, SABB, WILLIAMS, R. L. BROWN, BOWEN, ANDERSON, BRANTLEY, HENDERSON, G. R. SMITH, J. R. SMITH, STRINGER, CORBIN, GILLIARD, J. H. NEAL and CLEMMONS withdrew their requests for debate on the following Bill:

H. 4766 (Word version) -- Reps. Stringer, Weeks and Funderburk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 38 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA BENEFIT CORPORATION ACT" WHICH PERMITS A CORPORATION TO ELECT AS A CORPORATE PURPOSE THE PROVIDING OF CERTAIN PUBLIC BENEFITS WITHOUT SUBJECTING THE CORPORATION OR ITS DIRECTORS TO LIABILITY OR DERIVATIVE SUIT EXCEPT FOR SPECIFIED REASONS.

H. 4672--REQUESTS FOR DEBATE WITHDRAWN

Reps. KING, COBB-HUNTER, LOWE, PARKER, JEFFERSON, J. H. NEAL, RUTHERFORD, FORRESTER, CHUMLEY, DANING, CLYBURN and YOUNG withdrew their requests for debate on H. 4672 (Word version); however, other requests for debate remained on the Joint Resolution.


Printed Page 2612 . . . . . Wednesday, April 25, 2012

S. 1085--RECALLED FROM THE YORK DELEGATION

On motion of Rep. POPE, with unanimous consent, the following Bill was ordered recalled from the York Delegation:

S. 1085 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 48-11-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION AND FUNCTIONING OF SPECIFIC WATERSHED CONSERVATION DISTRICTS UNDER THE GENERAL LAW PERTAINING TO SUCH DISTRICTS, SO AS TO PROVIDE THAT FOR PURPOSES OF CHAPTER 11, TITLE 48, INCLUDING THE CONDUCT OF ELECTIONS, THE DIGITAL HYDROLOGIC MAP PREPARED BY THE SERVICE CENTER AGENCIES OF THE UNITED STATES DEPARTMENT OF AGRICULTURE OF THE FISHING CREEK WATERSHED DISTRICT IN YORK COUNTY REPRESENTS AND IS DECLARED TO BE THE BOUNDARIES OF THE DISTRICT.

H. 4637--RECALLED FROM COMMITTEE ON MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. CLYBURN, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs:

H. 4637 (Word version) -- Reps. Clyburn, Brantley, Sabb, Johnson, King, Williams, Hodges, Hosey, Gilliard, Bowers, Brannon, G. A. Brown, R. L. Brown, Butler Garrick, Daning, Dillard, Edge, Herbkersman, Jefferson, Mack, G. R. Smith and Spires: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-25-110 SO AS TO REQUIRE REGIONAL TRANSPORTATION AUTHORITIES TO DEVELOP AND IMPLEMENT PROGRAMS WITHIN THEIR SERVICE AREAS THAT MAKE PUBLIC TRANSPORTATION AVAILABLE AT NO CHARGE FOR CERTAIN QUALIFYING VETERANS.

H. 4672--REQUESTS FOR DEBATE WITHDRAWN

Reps. PATRICK and VICK withdrew their requests for debate on H. 4672 (Word version); however, other requests for debate remained on the Joint Resolution.


Printed Page 2613 . . . . . Wednesday, April 25, 2012

H. 3066--DEBATE ADJOURNED

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

H. 3066 (Word version) -- Reps. G. R. Smith, Daning, Ballentine, Harrison, Allison, Hamilton, G. M. Smith, Bingham, Long, Henderson, Erickson, Horne, Willis, Weeks, McLeod, Pope, Simrill, Lucas, Norman, D. C. Moss, Clemmons, Harrell, Atwater, Bedingfield, Funderburk and Edge: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2011" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING CHAPTER 2 TO TITLE 2 SO AS TO PROVIDE FOR LEGISLATIVE OVERSIGHT OF EXECUTIVE DEPARTMENTS AND THE PROCESSES AND PROCEDURES TO BE FOLLOWED IN CONNECTION WITH THIS OVERSIGHT; TO AMEND SECTIONS 1-11-20, AS AMENDED, 1-11-22, 1-11-55, 1-11-56, 1-11-58, 1-11-65, 1-11-67, 1-11-70, 1-11-80, 1-11-90, 1-11-100, 1-11-110, 1-11-180, 1-11-220, 1-11-225, 1-11-250, 1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, AS AMENDED, 1-11-315, 1-11-320, 1-11-335, 1-11-340, 1-11-435; 2-13-240, CHAPTER 9, TITLE 3; 10-1-10, 10-1-30, AS AMENDED, 10-1-40, 10-1-130, 10-1-190, CHAPTER 9, TITLE 10, 10-11-50, AS AMENDED, 10-11-90, 10-11-110, 10-11-140, 10-11-330; 11-9-610, 11-9-620, 11-9-630, 11-35-3810, AS AMENDED, 11-35-3820, AS AMENDED, 11-35-3830, AS AMENDED, 11-35-3840, AS AMENDED, 13-7-30, AS AMENDED, 13-7-830, AS AMENDED; 44-53-530, AS AMENDED, AND 44-96-140; 48-46-30, 48-46-40, 48-46-50, 48-46-60, 48-46-90, 48-52-410, 48-52-440, AND 48-52-460;


Printed Page 2614 . . . . . Wednesday, April 25, 2012

AND BY ADDING SECTION 1-11-185 RELATING TO VARIOUS AGENCY OR DEPARTMENT PROVISIONS SO AS TO CONFORM THEM TO THE ABOVE PROVISIONS PERTAINING TO THE NEW DEPARTMENT OF ADMINISTRATION OR TO SUPPLEMENT SUCH PROVISIONS.

Rep. G. R. SMITH moved to adjourn debate upon the Senate Amendments until Thursday, April 26, which was agreed to.

H. 4205--DEBATE ADJOURNED

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

H. 4205 (Word version) -- Reps. Funderburk, G.A. Brown and Lucas: A BILL TO AMEND ARTICLE 8, CHAPTER 36, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOT-FOR-PROFIT CORPORATIONS PROVIDING WATER SERVICE FINANCED BY FEDERAL OR STATE LOANS BEING PERMITTED TO CONVERT TO A PUBLIC SERVICE DISTRICT, BY ADDING SECTION 33-36-1315 SO AS TO PROVIDE FOR ADDITIONAL CONVERSION PROVISIONS, TERMS, AND LIMITATIONS FOR NOT-FOR-PROFIT CORPORATIONS OF A CERTAIN SIZE THAT PROVIDE WATER SERVICE IN TWO OR MORE COUNTIES; AND TO AMEND SECTION 33-36-1330, RELATING TO THE GOVERNING BOARD AND STRUCTURE OF A CORPORATION WHICH HAS BEEN CONVERTED TO A PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE FOR THE GOVERNING STRUCTURE OF A PUBLIC SERVICE DISTRICT OF A CERTAIN SIZE THAT PROVIDES SERVICE IN TWO OR MORE COUNTIES.

Rep. LUCAS moved to adjourn debate upon the Senate Amendments until Thursday, April 26, which was agreed to.

H. 3059--DEBATE ADJOURNED

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

H. 3059 (Word version) -- Reps. Merrill, Stavrinakis, J. E. Smith and Whipper: A BILL TO AMEND SECTION 12-6-3376, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INCOME TAX CREDIT FOR PLUG-IN HYBRID VEHICLES, SO AS TO REVISE


Printed Page 2615 . . . . . Wednesday, April 25, 2012

THE DEFINITION OF "PLUG-IN HYBRID VEHICLE", TO RAISE THE AGGREGATE AMOUNT OF THE CREDIT AVAILABLE EACH FISCAL YEAR AND DELETE ITS EXPIRATION DATE, AND TO PROVIDE THAT THE CREDIT MUST BE ALLOCATED TO ELIGIBLE CLAIMANTS DURING A FISCAL YEAR ON A FIRST-COME, FIRST-SERVE BASIS.

Rep. MERRILL moved to adjourn debate upon the Senate Amendments until Thursday, April 26, which was agreed to.

H. 3720--DEBATE ADJOURNED

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

H. 3720 (Word version) -- Reps. Cooper, Henderson and Patrick: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF THE JOBS TAX CREDIT, SO AS TO REVISE THE REQUIREMENTS OF A QUALIFYING SERVICE-RELATED FACILITY AND A TECHNOLOGY INTENSIVE FACILITY; BY ADDING SECTION 12-6-3411 SO AS TO PROVIDE THAT A CORPORATION ESTABLISHING A NATIONAL CORPORATE HEADQUARTERS OR EXPANDING OR ADDING TO AN EXISTING NATIONAL CORPORATE HEADQUARTERS IN THIS STATE, WHICH IN CONNECTION THEREWITH ADDS AT LEAST FIFTY NEW FULL-TIME JOBS SHALL BE EXEMPT FROM PAYING STATE CORPORATE INCOME TAXES FOR A PERIOD OF TEN YEARS; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO TAX CREDITS FOR PROVIDING INFRASTRUCTURE, SO AS TO INCREASE THE MAXIMUM AGGREGATE CREDIT TO FOUR HUNDRED THOUSAND DOLLARS ANNUALLY; TO AMEND SECTIONS 4-12-30, 4-29-67, AND 12-44-90, ALL AS AMENDED, RELATING TO FEE IN LIEU OF TAXES, SO AS TO PROVIDE THAT A COUNTY AUDITOR OR COUNTY ASSESSOR MAY REQUEST AND OBTAIN ANY FINANCIAL BOOKS AND RECORDS FROM A SPONSOR THAT SUPPORT THE SPONSOR'S TAX FORM OR RETURN TO VERIFY THE CALCULATIONS OF THE FEE IN LIEU OF TAXES TAX FORM OR RETURN; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT COMPUTERS, COMPUTER EQUIPMENT,


Printed Page 2616 . . . . . Wednesday, April 25, 2012

COMPUTER HARDWARE AND SOFTWARE PURCHASES FOR A DATACENTER AND ELECTRICITY USED BY A DATACENTER.

Rep. WHITE moved to adjourn debate upon the Senate Amendments until Thursday, April 26, which was agreed to.

H. 3730--DEBATE ADJOURNED

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

H. 3730 (Word version) -- Reps. Munnerlyn, Sabb, Vick, Hayes, Tribble and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-450 SO AS TO PROVIDE THAT A COMMERCIAL FUR LICENSE, IN ADDITION TO A STATE HUNTING LICENSE IS REQUIRED OF ALL PERSONS WHO SELL OR TAKE FURBEARING ANIMALS BY ANY MEANS, EXCEPT A PROCESSOR, MANUFACTURER, OR RETAILER, AND TO PROVIDE THAT A PERSON UNDER THE AGE OF SIXTEEN MAY PURCHASE A COMMERCIAL FUR LICENSE WITHOUT HAVING TO PURCHASE A STATE HUNTING LICENSE AFTER COMPLETING THE TRAPPERS EDUCATION COURSE; TO AMEND SECTION 50-11-40, RELATING TO THE UNLAWFUL USE OF RECORDED SOUNDS OR AMPLIFIED IMITATIONS OF CALLS OR SOUNDS BY A PERSON TO HUNT, CATCH, TAKE, OR KILL A GAME BIRD OR GAME ANIMAL OR ATTEMPT TO HUNT, CATCH, TAKE, OR KILL A GAME BIRD OR GAME ANIMAL BY USE OF THESE MEANS, SO AS TO DELETE THE PROVISION THAT MAKES IT UNLAWFUL TO CATCH OR KILL A GAME BIRD OR GAME ANIMAL OR ATTEMPT TO CATCH OR KILL A GAME BIRD OR GAME ANIMAL BY USE OF THESE MEANS AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO THE HUNTING AND TAKING OF COYOTES; TO AMEND SECTION 50-11-1080, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES DECLARING OPEN SEASON ON COYOTES, SO AS TO PROVIDE THAT THERE IS NO CLOSED SEASON FOR HUNTING OR TAKING COYOTES WITH WEAPONS; TO AMEND SECTION 50-11-2400, RELATING TO DEFINITIONS OF CERTAIN TERMS THAT PERTAIN TO THE TRAPPING OF FURBEARING ANIMALS, SO AS TO REVISE THE DEFINITION OF THE TERMS "FURBEARING ANIMAL" AND "COMMERCIAL


Printed Page 2617 . . . . . Wednesday, April 25, 2012

PURPOSES", AND TO PROVIDE DEFINITIONS FOR THE TERMS "OWNER" AND "AGENT"; TO AMEND SECTION 50-11-2430, RELATING TO REQUIRING A FUR TRAPPER TO CARRY PROOF THAT HE IS THE OWNER OF THE PROPERTY ON WHICH HE SETS HIS TRAPS, OR HAS PERMISSION FROM THE OWNER OF THE PROPERTY UPON WHICH HIS TRAPS ARE SET, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 50-11-2440, RELATING TO REQUIRING A TRAPPER TO VISIT HIS TRAPS DAILY, SO AS TO MODIFY THE FREQUENCY THAT A TRAPPER MUST VISIT HIS TRAPS; TO AMEND SECTION 50-11-2445, RELATING TO THE REMOVAL OF TRAPPED WILDLIFE BY THE OWNERS OF TRAPS, SO AS TO ALLOW A TRAP OWNER'S DESIGNEE TO REMOVE WILDLIFE FROM HIS TRAPS, AND TO PROVIDE THAT A DESIGNEE MUST POSSESS WRITTEN PERMISSION FROM THE TRAP'S OWNER TO ACT ON HIS BEHALF AND MUST MEET ALL COMMERCIAL FUR LICENSING REQUIREMENTS OR BE LISTED ON A VALID DEPREDATION PERMIT; TO AMEND SECTION 50-11-2460, RELATING TO CERTAIN TRAPS THAT ARE ALLOWED FOR TRAPPING, SO AS TO MAKE TECHNICAL CHANGES, TO DELETE THE PROVISION THAT RESTRICTS THE TYPES OF TRAPS THAT ARE ALLOWED TO THOSE THAT ARE IN ACCORDANCE WITH APPROVED COMMERCIAL FUR LICENSES, TO ALLOW FOR THE USE OF LIVE TRAPS TO CAPTURE CERTAIN FERAL ANIMALS, TO REVISE THE SIZE OF FOOT-HOLD TRAPS THAT ARE ALLOWABLE, TO PROVIDE THAT SMALL SNAP, BOX, AND OTHER TRAPS ARE ALLOWED FOR TRAPPING; TO AMEND SECTION 50-11-2475, RELATING TO THE ISSUANCE OF A FUR PROCESSOR'S LICENSE, SO AS TO REVISE THE COST OF THE LICENSE, TO REQUIRE A TAXIDERMIST TO KEEP A DAILY REGISTER OF THE NAME AND ADDRESS OF EACH PERSON FROM WHOM A FURBEARING ANIMAL IS RECEIVED ALONG WITH OTHER INFORMATION ABOUT THE ANIMAL, AND TO MAKE TECHNICAL CHANGES; AND TO REPEAL SECTIONS 50-11-1060, 50-11-1070, AND 50-11-2420 RELATING TO THE ISSUANCE OF A COMMERCIAL FUR LICENSE, THE ISSUANCE


Printed Page 2618 . . . . . Wednesday, April 25, 2012

OF A PERMIT TO POISON PREDATORY ANIMALS, AND THE KILLING OF BOBCATS.

Rep. MUNNERLYN moved to adjourn debate upon the Senate Amendments until Thursday, April 26, which was agreed to.

SENT TO THE SENATE

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

H. 4997 (Word version) -- Reps. Stringer, Bingham, Harrell, Norman, Clemmons, Quinn, Ballentine, Spires, Brannon, McCoy, Ryan, Patrick, Bedingfield, Parker, Taylor, Brady, Murphy, Bowen, Hearn, Nanney, Sottile, Loftis, Lowe, J. R. Smith, Allison, Atwater, Bannister, Chumley, Crosby, Daning, Delleney, Erickson, Hamilton, Hardwick, Henderson, Herbkersman, Hixon, Horne, Limehouse, Long, Merrill, D. C. Moss, V. S. Moss, Owens, Pinson, Pope, Sandifer, Simrill, G. M. Smith, G. R. Smith, Tallon, Willis, Young and Forrester: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-511 SO AS TO ELIMINATE THE FOUR, FIVE, AND SIX PERCENT INCOME BRACKETS AND INSTEAD TAX THOSE INCOMES AT THREE PERCENT.

H. 4996--SENT TO THE SENATE

The following Bill was taken up:

H. 4996 (Word version) -- Reps. Stringer, Bingham, Harrell, White, McCoy, Norman, Clemmons, Quinn, Ballentine, Ryan, Brannon, Bedingfield, Spires, Thayer, Parker, Taylor, Daning, Hearn, J. R. Smith, Patrick, Murphy, Bowen, Lowe, Nanney, Hiott, Sottile, Loftis, Allison, Atwater, Bannister, Chumley, Crosby, Delleney, Erickson, Hamilton, Hardwick, Henderson, Herbkersman, Hixon, Horne, Limehouse, Long, Merrill, D. C. Moss, V. S. Moss, Owens, Pinson, Pope, Sandifer, Simrill, G. M. Smith, G. R. Smith, Tallon, Willis, Young and Forrester: A BILL TO AMEND SECTION 12-6-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX RATES FOR PASS-THROUGH TRADE AND BUSINESS INCOME, SO AS TO REDUCE THE TAX RATE FROM FIVE PERCENT TO THREE PERCENT.


Printed Page 2619 . . . . . Wednesday, April 25, 2012

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

Yeas 108; Nays 0

Those who voted in the affirmative are:

Agnew                  Allen                  Allison
Anderson               Anthony                Atwater
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brantley
G. A. Brown            H. B. Brown            R. L. Brown
Butler Garrick         Chumley                Clemmons
Clyburn                Cobb-Hunter            Cole
Corbin                 Daning                 Delleney
Dillard                Erickson               Forrester
Frye                   Funderburk             Gambrell
Gilliard               Govan                  Hamilton
Hardwick               Harrell                Hart
Hayes                  Hearn                  Henderson
Herbkersman            Hiott                  Hixon
Hodges                 Horne                  Hosey
Huggins                Jefferson              Johnson
King                   Knight                 Limehouse
Loftis                 Long                   Lowe
Lucas                  McCoy                  McEachern
McLeod                 Merrill                D. C. Moss
V. S. Moss             Munnerlyn              Murphy
J. H. Neal             J. M. Neal             Neilson
Norman                 Ott                    Owens
Parker                 Patrick                Pinson
Pitts                  Pope                   Putnam
Quinn                  Rutherford             Ryan
Sabb                   Sandifer               Sellers
Simrill                Skelton                G. M. Smith
G. R. Smith            J. R. Smith            Sottile
Southard               Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Toole                  Tribble

Printed Page 2620 . . . . . Wednesday, April 25, 2012

Weeks                  White                  Whitmire
Williams               Willis                 Young

Total--108

Those who voted in the negative are:

Total--0

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

H. 5130--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 5130 (Word version) -- Reps. Alexander, Branham and Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF TV ROAD IN FLORENCE COUNTY FROM ITS INTERSECTION WITH MCIVER ROAD TO ITS INTERSECTION WITH WILSON ROAD "DR. WILLIAM P. DIGGS ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "DR. WILLIAM P. DIGGS ROAD".

The Concurrent Resolution was adopted and sent to the Senate.

H. 5154--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 5154 (Word version) -- Reps. Norman and J. M. Neal: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 215 IN FAIRFIELD COUNTY FROM ITS INTERSECTION WITH THE FAIRFIELD/CHESTER COUNTY LINE TO ITS INTERSECTION WITH COOL BRANCH ROAD (S-20-50) "SCHP PATROLMAN RALPH W. MCCRACKEN MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY


Printed Page 2621 . . . . . Wednesday, April 25, 2012

THAT CONTAIN THE WORDS "SCHP PATROLMAN RALPH W. MCCRACKEN MEMORIAL HIGHWAY".

The Concurrent Resolution was adopted and sent to the Senate.

RECURRENCE TO THE MORNING HOUR

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

LEAVE OF ABSENCE

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

H. 5025--INTERRUPTED DEBATE

The following Bill was taken up:

H. 5025 (Word version) -- Reps. Govan, Cobb-Hunter, King, Limehouse, J. H. Neal, Ott, R. L. Brown, Gilliard and Ways and Means: A BILL TO AMEND SECTION 59-127-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY, SO AS TO REVISE THE NUMBER OF BOARD MEMBERS AND THE MANNER IN WHICH MEMBERS OF THE BOARD ARE ELECTED TO ACCOUNT FOR THE NEW SEVENTH CONGRESSIONAL DISTRICT AND THREE ALUMNI MEMBERS, AND TO REVISE OTHER PROVISIONS RELATING TO TERMS OF BOARD MEMBERS, INCLUDING A PROVISION THAT THE TERMS OF ALL PRESENTLY ELECTED MEMBERS OF THE BOARD SHALL EXPIRE ON JUNE 30, 2012, AT WHICH TIME THEIR SUCCESSORS ELECTED AS PROVIDED BY THIS SECTION SHALL TAKE OFFICE.

Reps. COBB-HUNTER, HARRELL and SKELTON proposed the following Amendment No. 2 to H. 5025 (COUNCIL\BBM\ 10641SD12):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 59-127-20 of the 1976 Code is amended to read:

"Section 59-127-20.   (A)(1)   South Carolina State University is managed and controlled by a board of trustees, composed of thirteen


Printed Page 2622 . . . . . Wednesday, April 25, 2012

eleven members, twelve seven of whom are elected by the General Assembly, one member from each of the seven congressional district districts and six one from the State at large for terms of four years each and, except as otherwise provided in subsection (B)(1), until their successors are elected and qualify. In electing members of the board, the General Assembly shall elect members based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board is representative of all citizens of the State of South Carolina.

(2)   In addition, there must be one alumni member of the board who must be elected for a term of four years and until his successor is elected and qualifies by the means and methods determined by the National Alumni Association of the university or any succeeding organization. The result of this election must be certified by the president of the alumni association to the Secretary of State within ten days of the alumni member being elected and taking office.

(3)   The president of the student body or student government association of the University, if he or she is a qualified elector of this State, shall serve ex officio as the tenth member of the board with full privileges, including the right to vote. If the president of the student body or student government association is not a qualified elector of this State, he or she shall designate another student body officer or officer of the student government association who is such a qualified elector to serve in his place.
(4)   The Governor of the State or his designee is ex officio, the thirteenth eleventh member of the board of trustees. Except as otherwise provided in subsection (B)(1), in case of a vacancy on the board, the Governor may fill it by appointment until the next session of the General Assembly successor is elected in the manner of original election. Members of the board are entitled to subsistence, per diem, and mileage authorized for members of state boards, committees, and commissions.

Each position on the board constitutes a separate office and the seats on the board are numbered consecutively, one corresponding in number to each congressional district and Seats 7-12 Seat 8 at large, Seat 9 for the alumni member, and Seat 10 for the president of the student body, the student government association, or the other designated student officer. The Governor or his designee occupies Seat 13 11.

Of the three present members of the board who reside in the sixth congressional district, the member with the longest remaining current


Printed Page 2623 . . . . . Wednesday, April 25, 2012

term shall be the resident member selected from that congressional district occupying Seat 6. The two remaining members not determined to be the resident member from the sixth congressional district shall be considered at-large members of the board occupying Seats 8 and 12, respectively. The terms of each of these three members shall not be affected by the provisions of this paragraph.

Except as otherwise provided in subsections (B) and (C), the terms of the present members of the board who are elected by the General Assembly expire on the thirtieth day of June of the year in which the terms are scheduled to expire., and the General Assembly shall elect successors to the elective trustees not earlier than the first day of April for a term to begin the following July first. Elections to fill vacancies on the board which are caused by the death, resignation, or removal of an elective trustee may be held earlier than the first day of April of the year in which the unexpired term terminates, but the term of the person elected to fill the vacancy expires on the last day of June of the year in which the term of the former member would have expired.

(B)   Beginning with members elected to the board during 1992, terms of members are four years. In 1993, members from Seats 1, 2, 3, 4, 5, and 11 must be elected, and the term of the member elected in 1993 from Seat 3 shall be one year, the terms of the members elected in 1993 from Seats 1, 2, and 4 shall be two years each, the term of the member elected in 1993 from Seat 11 shall be three years, and the term of the member elected in 1993 from Seat 5 shall be four years. Thereafter, successors to the members of the board elected in 1993 and successors to members of the board provided six-year terms by the provisions of this subsection must be elected for terms of four years each. (1) Notwithstanding any other provision of law, the current terms of all present members of the board are terminated on the effective date of this item (1). On the effective date of this item (1), these present member's terms come to an end and they may not serve in a hold-over capacity until members of the interim governing board provided for in subsection (C) are appointed, qualify, and take office. The termination of the present member's terms as provided in this item (1) does not constitute a vacancy which may be filled by appointment of the Governor as provided in subsection (A).

(2)   The General Assembly as provided in subsection (A) shall elect the eight members it elects to the board during its 2014 session as provided by law with such newly elected members to take office on July 1, 2014. Notwithstanding the provisions of subsection (A), members elected in 2014 from the First, Third, Fifth, and Seventh


Printed Page 2624 . . . . . Wednesday, April 25, 2012

Congressional Districts shall serve initial terms of four years each, and members elected from the Second, Fourth, and Sixth Congressional Districts and from the state at large shall serve initial terms of two years each. Successors to all these members shall then be elected for terms of four years each.

(3)   The member elected by the National Alumni Association as provided in subsection (A) shall be elected by the National Alumni Association on or before June 30, 2014, with such newly elected member to take office on July 1, 2014. This member shall serve a term of four years and until his successor is elected and qualifies.

(C)(1)   Between the effective date of this subsection and June 30, 2014, an interim governing board for South Carolina State University is hereby established. The interim governing board shall consist of seven members, three appointed by the Speaker of the House of Representatives, three appointed by the President Pro Tempore of the Senate, and one appointed by the Governor. Each of the seven members shall serve for terms to expire on June 30, 2014, and must meet all qualifications provided by law for a public official or officer of this State, including being a qualified elector of this State.

(2)(a)   Each of the seven members of the interim governing board must possess a background of at least ten years in any one or any combination of the following fields of expertise:

(1)   economics or economic development;

(2)   finance or accounting;

(3)   law or government;

(4)   higher education gained from serving as an administrator or tenured faculty member of an accredited four-year college or university;

(5)   business management gained from serving as a chief executive officer, director, or executive in an upper level management position of an ongoing and successful business enterprise.

(b)   At least one of the members of the interim governing board appointed by the Speaker of the House of Representatives and the President Pro Tempore of the Senate must be an alumnus of the university in addition to possessing the qualifications identified in subitem (a) of item (2).

(3)   The members of the interim governing board shall serve from the date of their appointment until June 30, 2014, at which time the interim governing board is abolished. Vacancies must be filled in the manner of original appointment. The interim governing board after appointment at its first meeting shall elect a chairman, vice chairman,


Printed Page 2625 . . . . . Wednesday, April 25, 2012

and such other officers as it considers necessary. The interim governing board shall possess all powers, duties, and authority granted or imposed by law upon the board of trustees of the university.

(4)   During the period the interim governing board is performing the duties imposed upon it as provided by this section and by law, the former board members have no authority over the affairs of the institution and may not act or purport to act on behalf of the institution in any manner under which they were empowered to act before the interim governing board went into effect and its membership appointed.

(5)   The General Assembly acknowledges the importance of South Carolina State University as a land grant institution and historically black college and university (HBCU) and it's unique role in South Carolina's higher education community. Further, the General Assembly expresses its strong belief that South Carolina State University needs a new direction and new executive leadership and instructs the interim governing board to immediately terminate any individual then serving as president of the university at the time the interim governing board comes into existence. It may then select another person to serve as president, but is not required to do so. In this event, it may designate someone to serve as acting president until a permanent successor is selected at a later time by the interim governing board or by the newly established board of trustees of the university. If the interim governing board refuses to follow the provisions of this item (5), it shall notify the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor of the reasons why in writing within ten days of its decision not to terminate the individual then serving as president."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. RUTHERFORD moved that the House recede until 2:15 p.m., which was agreed to.

Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 2.


Printed Page 2626 . . . . . Wednesday, April 25, 2012

THE HOUSE RESUMES

At 2:15 p.m. the House resumed, ACTING SPEAKER PUTNAM in the Chair.

POINT OF QUORUM

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

SPEAKER IN CHAIR

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

S. 1413--RECONSIDERED

Rep. TALLON moved to reconsider the vote whereby debate was adjourned on the following Bill until Thursday, April 26, which was agreed to:

S. 1413 (Word version) -- Senator Peeler: A BILL TO AMEND ACT 587 OF 1992, AS AMENDED, RELATING TO CHEROKEE COUNTY SCHOOL DISTRICT 1, SO AS TO REAPPORTION THE SPECIFIC ELECTION DISTRICTS FROM WHICH MEMBERS OF THE GOVERNING BODY OF CHEROKEE COUNTY SCHOOL DISTRICT 1 MUST BE ELECTED BEGINNING WITH SCHOOL TRUSTEE ELECTIONS IN 2012, AND TO PROVIDE FOR DEMOGRAPHIC INFORMATION IN REGARD TO THESE NEWLY DRAWN ELECTION DISTRICTS.

S. 1413--ORDERED TO THIRD READING

The following Bill was taken up:

S. 1413 (Word version) -- Senator Peeler: A BILL TO AMEND ACT 587 OF 1992, AS AMENDED, RELATING TO CHEROKEE COUNTY SCHOOL DISTRICT 1, SO AS TO REAPPORTION THE SPECIFIC ELECTION DISTRICTS FROM WHICH MEMBERS OF THE GOVERNING BODY OF CHEROKEE COUNTY SCHOOL DISTRICT 1 MUST BE ELECTED BEGINNING WITH SCHOOL TRUSTEE ELECTIONS IN 2012, AND TO PROVIDE FOR DEMOGRAPHIC INFORMATION IN REGARD TO THESE NEWLY DRAWN ELECTION DISTRICTS.


Printed Page 2627 . . . . . Wednesday, April 25, 2012

The yeas and nays were taken resulting as follows:

Yeas 68; Nays 0

Those who voted in the affirmative are:

Agnew                  Allison                Anthony
Atwater                Bales                  Bannister
Barfield               Battle                 Bingham
Bowen                  Brady                  Branham
Brantley               R. L. Brown            Butler Garrick
Chumley                Clemmons               Cole
Corbin                 Crosby                 Delleney
Erickson               Forrester              Gambrell
Hamilton               Harrell                Harrison
Hearn                  Herbkersman            Hiott
Hixon                  Huggins                King
Knight                 Long                   Lucas
McCoy                  McEachern              Merrill
D. C. Moss             V. S. Moss             Munnerlyn
J. M. Neal             Neilson                Norman
Owens                  Patrick                Pinson
Pope                   Putnam                 Quinn
Ryan                   Sabb                   Sandifer
Simrill                J. R. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Toole                  Tribble
Vick                   Weeks                  Whitmire
Willis                 Young

Total--68

Those who voted in the negative are:

Total--0

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

RECURRENCE TO THE MORNING HOUR

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


Printed Page 2628 . . . . . Wednesday, April 25, 2012

LEAVE OF ABSENCE

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

H. 5025--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2:

H. 5025 (Word version) -- Reps. Govan, Cobb-Hunter, King, Limehouse, J. H. Neal, Ott, R. L. Brown, Gilliard and Ways and Means: A BILL TO AMEND SECTION 59-127-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY, SO AS TO REVISE THE NUMBER OF BOARD MEMBERS AND THE MANNER IN WHICH MEMBERS OF THE BOARD ARE ELECTED TO ACCOUNT FOR THE NEW SEVENTH CONGRESSIONAL DISTRICT AND THREE ALUMNI MEMBERS, AND TO REVISE OTHER PROVISIONS RELATING TO TERMS OF BOARD MEMBERS, INCLUDING A PROVISION THAT THE TERMS OF ALL PRESENTLY ELECTED MEMBERS OF THE BOARD SHALL EXPIRE ON JUNE 30, 2012, AT WHICH TIME THEIR SUCCESSORS ELECTED AS PROVIDED BY THIS SECTION SHALL TAKE OFFICE.

Reps. COBB-HUNTER, HARRELL and SKELTON proposed the following Amendment No. 2 to H. 5025 (COUNCIL\BBM\ 10641SD12), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 59-127-20 of the 1976 Code is amended to read:

"Section 59-127-20.   (A)(1)   South Carolina State University is managed and controlled by a board of trustees, composed of thirteen eleven members, twelve seven of whom are elected by the General Assembly, one member from each of the seven congressional district districts and six one from the State at large for terms of four years each and, except as otherwise provided in subsection (B)(1), until their successors are elected and qualify. In electing members of the board, the General Assembly shall elect members based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board is representative of all citizens of the State of South Carolina.


Printed Page 2629 . . . . . Wednesday, April 25, 2012

(2)   In addition, there must be one alumni member of the board who must be elected for a term of four years and until his successor is elected and qualifies by the means and methods determined by the National Alumni Association of the university or any succeeding organization. The result of this election must be certified by the president of the alumni association to the Secretary of State within ten days of the alumni member being elected and taking office.

(3)   The president of the student body or student government association of the University, if he or she is a qualified elector of this State, shall serve ex officio as the tenth member of the board with full privileges, including the right to vote. If the president of the student body or student government association is not a qualified elector of this State, he or she shall designate another student body officer or officer of the student government association who is such a qualified elector to serve in his place.

(4)   The Governor of the State or his designee is ex officio, the thirteenth eleventh member of the board of trustees. Except as otherwise provided in subsection (B)(1), in case of a vacancy on the board, the Governor may fill it by appointment until the next session of the General Assembly successor is elected in the manner of original election. Members of the board are entitled to subsistence, per diem, and mileage authorized for members of state boards, committees, and commissions.

Each position on the board constitutes a separate office and the seats on the board are numbered consecutively, one corresponding in number to each congressional district and Seats 7-12 Seat 8 at large, Seat 9 for the alumni member, and Seat 10 for the president of the student body, the student government association, or the other designated student officer. The Governor or his designee occupies Seat 13 11.

Of the three present members of the board who reside in the sixth congressional district, the member with the longest remaining current term shall be the resident member selected from that congressional district occupying Seat 6. The two remaining members not determined to be the resident member from the sixth congressional district shall be considered at-large members of the board occupying Seats 8 and 12, respectively. The terms of each of these three members shall not be affected by the provisions of this paragraph.

Except as otherwise provided in subsections (B) and (C), the terms of the present members of the board who are elected by the General Assembly expire on the thirtieth day of June of the year in which the


Printed Page 2630 . . . . . Wednesday, April 25, 2012

terms are scheduled to expire., and the General Assembly shall elect successors to the elective trustees not earlier than the first day of April for a term to begin the following July first. Elections to fill vacancies on the board which are caused by the death, resignation, or removal of an elective trustee may be held earlier than the first day of April of the year in which the unexpired term terminates, but the term of the person elected to fill the vacancy expires on the last day of June of the year in which the term of the former member would have expired.

(B)   Beginning with members elected to the board during 1992, terms of members are four years. In 1993, members from Seats 1, 2, 3, 4, 5, and 11 must be elected, and the term of the member elected in 1993 from Seat 3 shall be one year, the terms of the members elected in 1993 from Seats 1, 2, and 4 shall be two years each, the term of the member elected in 1993 from Seat 11 shall be three years, and the term of the member elected in 1993 from Seat 5 shall be four years. Thereafter, successors to the members of the board elected in 1993 and successors to members of the board provided six-year terms by the provisions of this subsection must be elected for terms of four years each. (1) Notwithstanding any other provision of law, the current terms of all present members of the board are terminated on the effective date of this item (1). On the effective date of this item (1), these present member's terms come to an end and they may not serve in a hold-over capacity until members of the interim governing board provided for in subsection (C) are appointed, qualify, and take office. The termination of the present member's terms as provided in this item (1) does not constitute a vacancy which may be filled by appointment of the Governor as provided in subsection (A).

(2)   The General Assembly as provided in subsection (A) shall elect the eight members it elects to the board during its 2014 session as provided by law with such newly elected members to take office on July 1, 2014. Notwithstanding the provisions of subsection (A), members elected in 2014 from the First, Third, Fifth, and Seventh Congressional Districts shall serve initial terms of four years each, and members elected from the Second, Fourth, and Sixth Congressional Districts and from the state at large shall serve initial terms of two years each. Successors to all these members shall then be elected for terms of four years each.

(3)   The member elected by the National Alumni Association as provided in subsection (A) shall be elected by the National Alumni Association on or before June 30, 2014, with such newly elected


Printed Page 2631 . . . . . Wednesday, April 25, 2012

member to take office on July 1, 2014. This member shall serve a term of four years and until his successor is elected and qualifies.

(C)(1)   Between the effective date of this subsection and June 30, 2014, an interim governing board for South Carolina State University is hereby established. The interim governing board shall consist of seven members, three appointed by the Speaker of the House of Representatives, three appointed by the President Pro Tempore of the Senate, and one appointed by the Governor. Each of the seven members shall serve for terms to expire on June 30, 2014, and must meet all qualifications provided by law for a public official or officer of this State, including being a qualified elector of this State.

(2)(a)   Each of the seven members of the interim governing board must possess a background of at least ten years in any one or any combination of the following fields of expertise:

(1)   economics or economic development;

(2)   finance or accounting;

(3)   law or government;

(4)   higher education gained from serving as an administrator or tenured faculty member of an accredited four-year college or university;

(5)   business management gained from serving as a chief executive officer, director, or executive in an upper level management position of an ongoing and successful business enterprise.

(b)   At least one of the members of the interim governing board appointed by the Speaker of the House of Representatives and the President Pro Tempore of the Senate must be an alumnus of the university in addition to possessing the qualifications identified in subitem (a) of item (2).

(3)   The members of the interim governing board shall serve from the date of their appointment until June 30, 2014, at which time the interim governing board is abolished. Vacancies must be filled in the manner of original appointment. The interim governing board after appointment at its first meeting shall elect a chairman, vice chairman, and such other officers as it considers necessary. The interim governing board shall possess all powers, duties, and authority granted or imposed by law upon the board of trustees of the university.

(4)   During the period the interim governing board is performing the duties imposed upon it as provided by this section and by law, the former board members have no authority over the affairs of the institution and may not act or purport to act on behalf of the institution in any manner under which they were empowered to act


Printed Page 2632 . . . . . Wednesday, April 25, 2012

before the interim governing board went into effect and its membership appointed.

(5)   The General Assembly acknowledges the importance of South Carolina State University as a land grant institution and historically black college and university (HBCU) and it's unique role in South Carolina's higher education community. Further, the General Assembly expresses its strong belief that South Carolina State University needs a new direction and new executive leadership and instructs the interim governing board to immediately terminate any individual then serving as president of the university at the time the interim governing board comes into existence. It may then select another person to serve as president, but is not required to do so. In this event, it may designate someone to serve as acting president until a permanent successor is selected at a later time by the interim governing board or by the newly established board of trustees of the university. If the interim governing board refuses to follow the provisions of this item (5), it shall notify the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor of the reasons why in writing within ten days of its decision not to terminate the individual then serving as president."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. GOVAN spoke against the amendment.
Rep. GOVAN spoke against the amendment.

Rep. GOVAN moved to table the amendment.

By a division vote of 6 to 51, the House refused to table the amendment.

The amendment was then adopted.

RECORD FOR VOTING

I did not vote on Rep. Cobb-Hunter's Amendment No. 2 to H. 5025, as I was drafting provisions for Greenville representation on the Interim Board.

Rep. Karl B. Allen


Printed Page 2633 . . . . . Wednesday, April 25, 2012

Reps. CLYBURN and HARRELL proposed the following Amendment No. 4 to H. 5025 (COUNCIL\MS\7768AHB12), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   __.   Nothing in this act may be construed to effect the historically black colleges or universities designation of South Carolina State University. /
Renumber sections to conform.
Amend title to conform.

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

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 106; Nays 0

Those who voted in the affirmative are:

Agnew                  Allen                  Allison
Anderson               Anthony                Atwater
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bowen                  Bowers                 Brady
Branham                Brannon                Brantley
H. B. Brown            R. L. Brown            Butler Garrick
Chumley                Clemmons               Cobb-Hunter
Cole                   Corbin                 Crosby
Daning                 Delleney               Dillard
Erickson               Forrester              Frye
Funderburk             Gambrell               Gilliard
Govan                  Hamilton               Hardwick
Harrell                Harrison               Hayes
Hearn                  Henderson              Herbkersman
Hiott                  Hixon                  Horne
Hosey                  Howard                 Huggins
Jefferson              Johnson                King
Knight                 Limehouse              Loftis
Long                   Lowe                   Lucas
Mack                   McEachern              McLeod

Printed Page 2634 . . . . . Wednesday, April 25, 2012

Merrill                D. C. Moss             V. S. Moss
Munnerlyn              Murphy                 J. H. Neal
J. M. Neal             Neilson                Norman
Ott                    Owens                  Parker
Patrick                Pinson                 Pitts
Pope                   Putnam                 Quinn
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                  Whitmire               Williams
Young

Total--106

Those who voted in the negative are:

Total--0

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

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

OBJECTION TO RECALL

Rep. BALES asked unanimous consent to recall H. 4973 (Word version) from the Committee on Judiciary.
Rep. GOVAN objected.

OBJECTION TO RECALL

Rep. STAVRINAKIS asked unanimous consent to recall S. 220 (Word version) from the Committee on Judiciary.
Rep. GOVAN objected.


Printed Page 2635 . . . . . Wednesday, April 25, 2012

H. 4672--REQUEST FOR DEBATE WITHDRAWN

Rep. MACK withdrew his request for debate on the following Joint Resolution:

H. 4672 (Word version) -- Rep. H. B. Brown: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELIGIBILITY TO HOLD A POPULARLY ELECTED OFFICE IN THIS STATE, SO AS TO ELIMINATE THE EXCEPTION THAT ALLOWS A PERSON TO HOLD ELECTIVE OFFICE IF A PERSON'S CONVICTION HAS BEEN PARDONED UNDER STATE OR FEDERAL LAW, OR IF IT HAS BEEN FIFTEEN OR MORE YEARS AFTER THE COMPLETION DATE OF THE PERSON'S SENTENCE, INCLUDING PROBATION AND PAROLE TIME.

H. 3235--REQUESTS FOR DEBATE WITHDRAWN

Reps. J. H. NEAL and HENDERSON withdrew their requests for debate on H. 3235 (Word version); however, other requests for debate remained on the Bill.

S. 1459--RECALLED AND REFERRED TO COMMITTEE ON LABOR, COMMERCE AND INDUSTRY

On motion of Rep. OWENS, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works and was referred to the Committee on Labor, Commerce and Industry:

S. 1459 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSIONERS OF PILOTAGE, RELATING TO REQUIREMENTS OF LICENSURE FOR PILOTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4249, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 220--RECALLED FROM COMMITTEE ON JUDICIARY

On motion of Rep. STAVRINAKIS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:

S. 220 (Word version) -- Senators Jackson and Ford: A BILL TO AMEND CHAPTER 1, TITLE 44 OF THE 1976 CODE, BY ADDING


Printed Page 2636 . . . . . Wednesday, April 25, 2012

SECTION 44-1-149 TO PROHIBIT THE RESALE OF FOOD THAT HAS BEEN SERVED OR SOLD TO AND POSSESSED BY A CONSUMER.

MOTION PERIOD

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

H. 4675--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4675 (Word version) -- Reps. Henderson, G. M. Smith, J. R. Smith, Parker, Barfield, Allison, Atwater, Bowen, Corbin, Delleney, Forrester, Hamilton, Lowe, Lucas, Owens, Putnam, Simrill, G. R. Smith, Stringer, Toole, Tribble, Willis, Funderburk, Nanney and Quinn: A BILL TO AMEND SECTION 61-2-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BINGO, RAFFLES, AND OTHER SPECIAL EVENTS, SO AS TO CLARIFY THAT THIS SECTION DOES NOT AUTHORIZE THE USE OF ANY DEVICE PROHIBITED BY SECTION 12-21-2710; AND TO AMEND SECTION 61-4-580, RELATING TO GAME PROMOTIONS ALLOWED BY HOLDERS OF PERMITS AUTHORIZING THE SALE OF BEER OR WINE, SO AS TO CLARIFY THAT THIS ITEM DOES NOT AUTHORIZE THE USE OF ANY DEVICE PROHIBITED BY SECTION 12-21-2710.

Rep. DELLENEY explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 98; Nays 4

Those who voted in the affirmative are:

Agnew                  Allen                  Allison
Anthony                Atwater                Bales
Ballentine             Bannister              Barfield
Battle                 Bedingfield            Bingham
Bowen                  Bowers                 Brady
Branham                Brannon                Brantley
G. A. Brown            R. L. Brown            Butler Garrick
Chumley                Clemmons               Clyburn
Cobb-Hunter            Cole                   Crosby

Printed Page 2637 . . . . . Wednesday, April 25, 2012

Delleney               Dillard                Erickson
Forrester              Frye                   Funderburk
Gambrell               Hamilton               Hardwick
Harrell                Harrison               Hayes
Hearn                  Henderson              Herbkersman
Hiott                  Hixon                  Hodges
Horne                  Hosey                  Howard
Huggins                Johnson                King
Knight                 Limehouse              Loftis
Long                   Lowe                   Lucas
McEachern              McLeod                 D. C. Moss
V. S. Moss             Munnerlyn              Murphy
J. H. Neal             J. M. Neal             Neilson
Norman                 Owens                  Parker
Pinson                 Pitts                  Pope
Putnam                 Quinn                  Ryan
Sabb                   Sandifer               Simrill
Skelton                G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Southard               Spires                 Stringer
Taylor                 Thayer                 Toole
Tribble                Vick                   Weeks
Whipper                White                  Whitmire
Williams               Young

Total--98

Those who voted in the negative are:

H. B. Brown            Gilliard               Sellers
Stavrinakis

Total--4

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

H. 4956--ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 4956 (Word version) -- Reps. Putnam, Loftis, Thayer, G. R. Smith, Norman, Quinn, Parker, Long, Brannon, J. R. Smith, Erickson, Hiott, Patrick, Huggins, Southard, Nanney, Whitmire, Tribble, Allison, Atwater,


Printed Page 2638 . . . . . Wednesday, April 25, 2012

Bannister, Barfield, Bingham, Bowen, Chumley, Clemmons, Corbin, Delleney, Forrester, Frye, Gambrell, Hamilton, Henderson, Herbkersman, Hixon, Lowe, Lucas, D. C. Moss, V. S. Moss, Murphy, Owens, Pinson, Pitts, Sandifer, Simrill, G. M. Smith, Spires, Stringer, Tallon, Taylor, Toole, White and Willis: A JOINT RESOLUTION TO REQUEST THE PRESIDENT OF THE UNITED STATES OF AMERICA, BARACK OBAMA, OPEN OUR ABUNDANT OIL AND NATURAL GAS RESOURCES THROUGHOUT OUR COUNTRY AND ISSUE AN EXECUTIVE ORDER TO THE DEPARTMENT OF INTERIOR TO LIFT THE 2010 BAN ON ALL OFFSHORE DRILLING EXPLORATION WITHIN THE OUTER CONTINENTAL SHELF LANDS, AND TO REQUEST THE PRESIDENT ALSO TO DIRECT THE DEPARTMENT OF ENERGY, ENVIRONMENTAL PROTECTION AGENCY, AND ANY BODY OF THE FEDERAL GOVERNMENT THAT REGULATES OR SIMILARLY IS CONCERNED WITH THE EXPLORATION OF OIL AND NATURAL GAS TO EXPEDITE ALL PERMITTING REQUIREMENTS FOR THE DEVELOPMENT OF THESE ENERGY RESOURCES.

Rep. OTT moved to adjourn debate on the Joint Resolution until Thursday, April 26.

Rep. PUTNAM moved to table the motion.

By a division vote of 54-33, the motion to adjourn debate was tabled.

Rep. RUTHERFORD proposed the following Amendment No. 1 to H. 4956 (COUNCIL\BBM\10613HTC12), which was tabled:
Amend the joint resolution, as and if amended, page 2, SECTION 1, by striking SECTION 1 and inserting:
/ SECTION   1.   The South Carolina General Assembly, representing the concerns and will of the People of the Great State of South Carolina, hereby requests the President of the United States of America to open our abundant oil and natural gas resources throughout our country, including South Carolina, and issue an executive order to the Department of Interior to lift the 2010 ban on all offshore drilling exploration within the outer continental shelf lands, including the South Carolina Coast; and, further, request the President of the United States of America direct the Department of Energy, Environmental Protection Agency, and any body of the federal government that regulates or


Printed Page 2639 . . . . . Wednesday, April 25, 2012

similarly is concerned with the exploration of oil and natural gas to expedite all permitting requirements for the development of these energy resources. /
Renumber sections to conform.
Amend title to conform.

Rep. PUTNAM moved to table the amendment.

By a division vote of 56-30, the amendment was tabled.

Rep. SELLERS spoke against the Joint Resolution.
Rep. H. B. BROWN spoke against the Joint Resolution.
Rep. PUTNAM spoke in favor of the Joint Resolution.
Rep. OTT spoke against the Joint Resolution.

The question then recurred to the passage of the Joint Resolution.

The yeas and nays were taken resulting as follows:

Yeas 63; Nays 38

Those who voted in the affirmative are:

Allison                Atwater                Bannister
Barfield               Bingham                Bowen
Brannon                Chumley                Clemmons
Cole                   Corbin                 Crosby
Daning                 Delleney               Erickson
Forrester              Frye                   Gambrell
Hamilton               Hardwick               Harrell
Harrison               Hearn                  Henderson
Herbkersman            Hiott                  Hixon
Horne                  Huggins                Limehouse
Loftis                 Long                   Lowe
Lucas                  D. C. Moss             V. S. Moss
Murphy                 Norman                 Owens
Parker                 Patrick                Pitts
Pope                   Putnam                 Quinn
Ryan                   Sandifer               Simrill
Skelton                G. M. Smith            G. R. Smith
J. R. Smith            Sottile                Southard
Spires                 Stringer               Tallon

Printed Page 2640 . . . . . Wednesday, April 25, 2012

Taylor                 Thayer                 Toole
Tribble                Whitmire               Young

Total--63

Those who voted in the negative are:

Agnew                  Allen                  Anderson
Bales                  Bowers                 Branham
Brantley               G. A. Brown            H. B. Brown
R. L. Brown            Butler Garrick         Clyburn
Cobb-Hunter            Dillard                Funderburk
Gilliard               Hayes                  Hodges
Hosey                  Jefferson              Johnson
King                   Knight                 Mack
McEachern              McLeod                 Munnerlyn
J. M. Neal             Neilson                Ott
Pinson                 Sabb                   Sellers
J. E. Smith            Vick                   Weeks
Whipper                Williams

Total--38

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

STATEMENT FOR THE JOURNAL

I abstained from the vote on H. 4956, due to a possible conflict of interest. I do, however, very much agree with more domestic oil production.

Rep. Eric Bedingfield

STATEMENT FOR THE JOURNAL

While I have supported, and continue to support, exploring off-shore drilling efforts, I do not support resolutions like this which, in essence, have no impact on the desired outcome.

For that reason, my "nay" vote was my public statement on resolutions such as this, that memorialize Congress or the President, on any matter.

Rep. Nathan Ballentine


Printed Page 2641 . . . . . Wednesday, April 25, 2012

H. 5098--ORDERED TO THIRD READING

The following Bill was taken up:

H. 5098 (Word version) -- Reps. Hixon, Clyburn, Harrison, Taylor and Young: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY PERMITS FOR THE POSSESSION, SALE, AND CONSUMPTION OF ALCOHOLIC LIQUORS BY THE DRINK IN A COUNTY OR MUNICIPALITY UPON A FAVORABLE REFERENDUM VOTE, SO AS TO FURTHER PROVIDE FOR THOSE ELECTIONS WHICH CONSTITUTE GENERAL ELECTIONS FOR PURPOSES OF THE REFERENDUMS REQUIRED UNDER THIS SECTION.

Rep. HIXON spoke in favor of the Bill.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 91; Nays 11

Those who voted in the affirmative are:

Allen                  Anderson               Anthony
Atwater                Bales                  Ballentine
Bannister              Barfield               Battle
Bedingfield            Bingham                Bowen
Bowers                 Brady                  Branham
Brannon                Brantley               G. A. Brown
H. B. Brown            R. L. Brown            Butler Garrick
Clemmons               Clyburn                Cole
Crosby                 Daning                 Dillard
Erickson               Forrester              Funderburk
Gambrell               Gilliard               Govan
Hardwick               Harrell                Harrison
Hayes                  Hearn                  Henderson
Hiott                  Hixon                  Hodges
Horne                  Hosey                  Howard
Huggins                Johnson                King
Limehouse              Long                   Lowe
Lucas                  Mack                   McEachern
McLeod                 Merrill                D. C. Moss

Printed Page 2642 . . . . . Wednesday, April 25, 2012

V. S. Moss             Munnerlyn              Murphy
J. M. Neal             Neilson                Norman
Owens                  Parker                 Patrick
Pitts                  Pope                   Putnam
Ryan                   Sabb                   Sandifer
Sellers                Simrill                Skelton
G. M. Smith            G. R. Smith            J. E. Smith
Sottile                Southard               Spires
Stavrinakis            Stringer               Tallon
Taylor                 Thayer                 Tribble
Vick                   Whipper                Williams
Young

Total--91

Those who voted in the negative are:

Allison                Chumley                Corbin
Delleney               Frye                   Hamilton
Loftis                 Ott                    Pinson
Toole                  Willis

Total--11

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

ACTING SPEAKER HARRISON IN CHAIR

LEAVE OF ABSENCE

ACTING SPEAKER HARRISON granted Rep. TOOLE a leave of absence for the remainder of the day to attend a funeral.

LEAVE OF ABSENCE

ACTING SPEAKER HARRISON granted Rep. THAYER a leave of absence for the remainder of the day.

H. 4128--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4128 (Word version) -- Reps. Pitts, Atwater, Toole, Chumley, Delleney, Hosey, D. C. Moss, G. R. Smith, Williams, Willis, Huggins, Bingham, Quinn and Bedingfield: A BILL TO AMEND THE CODE OF LAWS OF


Printed Page 2643 . . . . . Wednesday, April 25, 2012

SOUTH CAROLINA, 1976, BY ADDING ARTICLE 18 TO CHAPTER 1, TITLE 1 SO AS TO PROVIDE THAT GOLD OR SILVER COIN, OR BOTH SHALL BE LEGAL TENDER IN THIS STATE FOR PAYMENT OF CERTAIN DEBTS; AND BY ADDING ARTICLE 26 TO CHAPTER 1, TITLE 1 SO AS TO ESTABLISH A JOINT COMMITTEE FOR THE ADOPTION OF AN ALTERNATE FORM OF CURRENCY.

The yeas and nays were taken resulting as follows:

Yeas 65; Nays 24

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Atwater                Bales                  Ballentine
Bannister              Barfield               Bedingfield
Bingham                Bowen                  Brannon
Chumley                Clemmons               Cole
Corbin                 Delleney               Erickson
Forrester              Frye                   Gambrell
Hamilton               Hardwick               Harrell
Hayes                  Hearn                  Henderson
Hiott                  Horne                  Huggins
Limehouse              Loftis                 Long
Lowe                   Lucas                  Merrill
D. C. Moss             V. S. Moss             Neilson
Norman                 Owens                  Parker
Patrick                Pinson                 Pitts
Pope                   Quinn                  Ryan
Sandifer               Simrill                G. M. Smith
G. R. Smith            J. E. Smith            J. R. Smith
Sottile                Spires                 Stringer
Tallon                 Taylor                 Thayer
Tribble                White                  Whitmire
Willis                 Young

Total--65

Those who voted in the negative are:

Allen                  Bowers                 Brantley
G. A. Brown            H. B. Brown            R. L. Brown
Butler Garrick         Cobb-Hunter            Dillard

Printed Page 2644 . . . . . Wednesday, April 25, 2012

Gilliard               Govan                  Hodges
Hosey                  Johnson                King
Mack                   McLeod                 Munnerlyn
J. H. Neal             Sabb                   Sellers
Stavrinakis            Vick                   Williams

Total--24

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

H. 4640--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4640 (Word version) -- Reps. Anthony, Bingham, Ott, Harrell, White, Bowers, Whipper and R. L. Brown: A BILL TO AMEND SECTION 11-35-1524, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENT VENDOR PREFERENCES UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO REVISE THE RESIDENT VENDOR PREFERENCES AND THE MANNER AND PROCEDURES UNDER WHICH THEY ARE COMPUTED.

Rep. G. R. SMITH proposed the following Amendment No. 2 to H. 4640 (COUNCIL\DKA\4062SD12), which was tabled:
Amend the bill, as and if amended, Section 11-35-1524 of the 1976 Code, as contained in SECTION 1, by adding a new subsection (G) to read:
/   (G)   If a bidder is determined to be the lowest bidder on a solicitation through the application of the preferences provided in this section, but would not have been the lowest bidder except for the application of these preferences, that bidder in order to be awarded the bid must agree in his responsive bid or thereafter after the opening of the bids to adjust his bid price without the application of any preferences to meet the lowest price received from any other bidders in response to the solicitation who did not receive any preferences under this section. The requirements and provisions of this subsection must be clearly stated in the solicitation available to all bidders. /
Renumber sections to conform.
Amend title to conform.

Rep. G. R. SMITH spoke in favor of the amendment.


Printed Page 2645 . . . . . Wednesday, April 25, 2012

Rep. BATTLE spoke against the amendment and moved to table the amendment.

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

Yeas 80; Nays 28

Those who voted in the affirmative are:

Agnew                  Allen                  Allison
Anthony                Atwater                Bales
Ballentine             Bannister              Battle
Bingham                Bowen                  Bowers
Brady                  Branham                Brannon
Brantley               G. A. Brown            H. B. Brown
R. L. Brown            Butler Garrick         Clyburn
Cobb-Hunter            Cole                   Crosby
Daning                 Delleney               Dillard
Erickson               Forrester              Frye
Funderburk             Gambrell               Gilliard
Harrell                Hart                   Hayes
Herbkersman            Hiott                  Hodges
Horne                  Hosey                  Howard
Huggins                Jefferson              Johnson
King                   Knight                 Long
Mack                   McEachern              McLeod
Merrill                D. C. Moss             V. S. Moss
Munnerlyn              Murphy                 J. H. Neal
J. M. Neal             Neilson                Ott
Owens                  Parker                 Patrick
Pinson                 Pitts                  Pope
Sabb                   Sandifer               Sellers
Simrill                Skelton                G. M. Smith
J. E. Smith            Spires                 Tallon
Vick                   Weeks                  Whipper
White                  Williams

Total--80

Those who voted in the negative are:

Barfield               Bedingfield            Chumley
Clemmons               Corbin                 Hamilton

Printed Page 2646 . . . . . Wednesday, April 25, 2012

Hearn                  Henderson              Hixon
Limehouse              Loftis                 Lowe
Lucas                  McCoy                  Norman
Putnam                 Quinn                  Ryan
G. R. Smith            J. R. Smith            Sottile
Southard               Stringer               Taylor
Tribble                Whitmire               Willis
Young

Total--28

So, the amendment was tabled.

Rep. HART proposed the following Amendment No. 3 to H. 4640 (COUNCIL\GGS\22369ZW), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered subsection at the end to read:
/   (__)   Notwithstanding another provision of law, a contract may not be awarded to a vendor pursuant to this section who has tested positive for drugs or who refuses to provide a specimen when requested to do so by the procurement officer or the agency he represents.   /
Renumber sections to conform.
Amend title to conform.

Rep. HART explained the amendment.

POINT OF ORDER

Rep. BATTLE raised the Point of Order that under Rule 9.3 Amendment No. 3 on H. 4640 was out of order in that it was not germane to the Bill.
Rep. HART spoke against the Point stating that the Amendment before the body was germane in that it expended tax payers money and set guidelines in the process for selection of vendors.
Rep. SELLERS spoke against the Point and stated that the Bill was about vendor requirements and the amendment established requirements to preferences for contracts awarded.
ACTING SPEAKING HARRISON sustained the Point of Order and ruled Amendment No. 3 to be non-germane.

The question then recurred to the passage of the Bill.


Printed Page 2647 . . . . . Wednesday, April 25, 2012

Rep. H. B. BROWN spoke against the Bill.
Rep. ANTHONY spoke in favor of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 109; Nays 1

Those who voted in the affirmative are:

Agnew                  Allen                  Allison
Anderson               Anthony                Atwater
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Bowers
Brady                  Branham                Brannon
Brantley               G. A. Brown            R. L. Brown
Butler Garrick         Chumley                Clemmons
Clyburn                Cobb-Hunter            Cole
Corbin                 Crosby                 Delleney
Dillard                Erickson               Forrester
Frye                   Funderburk             Gambrell
Gilliard               Govan                  Hamilton
Hardwick               Harrell                Harrison
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                 J. H. Neal
J. M. Neal             Neilson                Norman
Ott                    Owens                  Parker
Patrick                Pinson                 Pope
Putnam                 Quinn                  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                 Tribble                Vick

Printed Page 2648 . . . . . Wednesday, April 25, 2012

Weeks                  Whipper                White
Whitmire               Williams               Willis
Young

Total--109

Those who voted in the negative are:

H. B. Brown

Total--1

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

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on H. 4640. If I had been present, I would have voted in favor of the Bill.

Rep. Joe Daning

SPEAKER IN CHAIR

H. 4802--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4802 (Word version) -- Reps. J. E. Smith, Quinn, Munnerlyn, Williams, Jefferson, Johnson, McEachern, Brannon, Dillard, McLeod, Stavrinakis, Sellers, Sabb, Brady, Ott, Vick, H. B. Brown, Branham, Bingham, Bowers, Cobb-Hunter, Erickson, Harrison, Hart, Hayes, Herbkersman, Merrill, J. H. Neal, Pitts, G. M. Smith, Whipper and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 67 TO TITLE 12 SO AS TO ENACT THE "SOUTH CAROLINA ABANDONED BUILDINGS REVITALIZATION ACT" WHICH PROVIDES THAT A TAXPAYER MAKING INVESTMENTS OF A CERTAIN SIZE IN REHABILITATING AN ABANDONED BUILDING MAY AT HIS OPTION RECEIVE SPECIFIED INCOME TAX CREDITS OR CREDITS AGAINST THE PROPERTY TAX LIABILITY.

Rep. BATTLE explained the Bill.


Printed Page 2649 . . . . . Wednesday, April 25, 2012

The yeas and nays were taken resulting as follows:

Yeas 108; Nays 0

Those who voted in the affirmative are:

Agnew                  Allen                  Allison
Anderson               Anthony                Atwater
Bales                  Ballentine             Bannister
Barfield               Battle                 Bedingfield
Bingham                Bowen                  Brady
Branham                Brannon                Brantley
G. A. Brown            H. B. Brown            R. L. Brown
Butler Garrick         Chumley                Clemmons
Clyburn                Cobb-Hunter            Cole
Corbin                 Crosby                 Daning
Delleney               Dillard                Erickson
Forrester              Frye                   Funderburk
Gambrell               Gilliard               Govan
Hamilton               Hardwick               Harrell
Harrison               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
J. H. Neal             J. M. Neal             Neilson
Norman                 Ott                    Owens
Parker                 Patrick                Pinson
Pitts                  Pope                   Putnam
Quinn                  Rutherford             Ryan
Sabb                   Sandifer               Simrill
Skelton                G. R. Smith            J. E. Smith
J. R. Smith            Sottile                Spires
Stavrinakis            Stringer               Tallon
Taylor                 Tribble                Vick

Printed Page 2650 . . . . . Wednesday, April 25, 2012

Weeks                  White                  Whitmire
Williams               Willis                 Young

Total--108

Those who voted in the negative are:

Total--0

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

H. 5051--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 5051 (Word version) -- Reps. Limehouse, Barfield, Tribble, Sabb, Hosey, Southard, J. H. Neal, Crawford, Parker, Brantley, Neilson, Erickson, Clemmons, Hearn, Hardwick, Loftis, Murphy, Ryan, McCoy, Anderson, Butler Garrick, Whitmire, Williams, Sottile, Alexander, Allen, Bowen, Pinson, Brannon, Johnson, Huggins, Spires, Sellers, Agnew, Anthony, Atwater, Bales, Bannister, Battle, Bedingfield, Bingham, Bowers, Branham, G. A. Brown, H. B. Brown, R. L. Brown, Chumley, Clyburn, Cobb-Hunter, Cole, Corbin, Crosby, Daning, Delleney, Dillard, Edge, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Harrell, Harrison, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Howard, Jefferson, King, Long, Lowe, Lucas, Mack, McEachern, McLeod, D. C. Moss, V. S. Moss, Munnerlyn, J. M. Neal, Norman, Ott, Parks, Patrick, Pitts, Pope, Putnam, Quinn, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Stringer, Tallon, Taylor, Toole, Vick, Weeks, Whipper, White and Willis: A BILL TO AMEND SECTION 59-103-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGHER EDUCATION MISSION AND GOALS FOR ALL PUBLIC HIGHER EDUCATION INSTITUTIONS IN THIS STATE, SO AS TO INCLUDE IN THE MISSION OF FOUR YEAR COLLEGES AND UNIVERSITIES UNIQUE DOCTORAL DEGREE PROGRAMS THAT ARE NOT DUPLICATIVE OF ANY RESEARCH UNIVERSITY DOCTORAL PROGRAMS IN THAT REGION, AND TO DEFINE "THAT REGION".


Printed Page 2651 . . . . . Wednesday, April 25, 2012

The Education and Public Works Committee proposed the following Amendment No. 1 to H. 5051 (COUNCIL\BBM\10609HTC12), which was adopted:
Amend the bill, as and if amended, by striking Section 59-103-15(B)(2), as contained in SECTION 1, beginning on page 1, and inserting:
/ (2)   Four-year colleges and universities

(a)   college-level baccalaureate education and selected master's degrees which lead to employment or continued education, or both, except for doctoral degrees currently being offered;

(b)   highly focused doctoral degrees offered that:

(i)     are not unnecessarily duplicative of any university doctoral program;

(ii)   reflect the unique research expertise of a cadre of faculty in the discipline sufficient to sustain doctoral level research at the four-year institution; and

(iii)   meet the needs of the State;

(b)(c)   limited and specialized research;

(c)(d)   public service to the State and the local community; /
Renumber sections to conform.
Amend title to conform.

Rep. CLEMMONS spoke in favor of the amendment.
Rep. MERRILL spoke against the amendment.
Rep. SKELTON spoke against the amendment.
Rep. OWENS spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 76; Nays 32

Those who voted in the affirmative are:

Anderson               Anthony                Atwater
Bales                  Bannister              Barfield
Battle                 Bedingfield            Bowen
Branham                G. A. Brown            R. L. Brown
Butler Garrick         Chumley                Clemmons
Clyburn                Corbin                 Daning
Delleney               Gambrell               Gilliard

Printed Page 2652 . . . . . Wednesday, April 25, 2012

Govan                  Hamilton               Hardwick
Hayes                  Hearn                  Henderson
Hiott                  Hixon                  Hodges
Hosey                  Jefferson              Johnson
King                   Limehouse              Loftis
Long                   Lowe                   Lucas
Mack                   McEachern              D. C. Moss
V. S. Moss             Munnerlyn              Murphy
J. H. Neal             J. M. Neal             Ott
Owens                  Patrick                Pitts
Pope                   Putnam                 Rutherford
Ryan                   Sabb                   Sandifer
Simrill                G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Southard               Spires                 Stavrinakis
Stringer               Taylor                 Tribble
Vick                   Whipper                White
Whitmire               Williams               Willis
Young

Total--76

Those who voted in the negative are:

Agnew                  Allen                  Bingham
Bowers                 Brady                  Brannon
Brantley               H. B. Brown            Cole
Crosby                 Dillard                Erickson
Forrester              Frye                   Funderburk
Harrell                Harrison               Herbkersman
Horne                  Huggins                Knight
McCoy                  McLeod                 Merrill
Neilson                Norman                 Parker
Pinson                 Quinn                  Skelton
Tallon                 Weeks

Total--32

The amendment was then adopted.

The question then recurred to the passage of the Bill.


Printed Page 2653 . . . . . Wednesday, April 25, 2012

The yeas and nays were taken resulting as follows:

Yeas 80; Nays 25

Those who voted in the affirmative are:

Allen                  Anderson               Anthony
Atwater                Bales                  Bannister
Barfield               Battle                 Bedingfield
Bowen                  Brady                  Branham
Brannon                G. A. Brown            Butler Garrick
Chumley                Clemmons               Clyburn
Cobb-Hunter            Corbin                 Daning
Delleney               Dillard                Gambrell
Gilliard               Hamilton               Hardwick
Harrell                Hayes                  Hearn
Hixon                  Hodges                 Hosey
Howard                 Jefferson              Johnson
King                   Knight                 Limehouse
Long                   Lowe                   Lucas
McCoy                  McEachern              D. C. Moss
V. S. Moss             Munnerlyn              Murphy
J. H. Neal             J. M. Neal             Neilson
Ott                    Owens                  Parker
Patrick                Pitts                  Pope
Putnam                 Ryan                   Sabb
Sandifer               Simrill                G. R. Smith
J. E. Smith            J. R. Smith            Sottile
Southard               Spires                 Stavrinakis
Stringer               Taylor                 Tribble
Vick                   Weeks                  Whipper
White                  Whitmire               Williams
Willis                 Young

Total--80

Those who voted in the negative are:

Agnew                  Ballentine             Bingham
Bowers                 Brantley               H. B. Brown
Cole                   Crosby                 Erickson
Forrester              Frye                   Funderburk
Harrison               Herbkersman            Hiott
Horne                  Huggins                McLeod

Printed Page 2654 . . . . . Wednesday, April 25, 2012

Merrill                Norman                 Pinson
Quinn                  Skelton                G. M. Smith
Tallon

Total--25

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

STATEMENT FOR THE JOURNAL

I chose to abstain from the vote on H. 5051, due to a possible conflict of interest.

Rep. Rita Allison

H. 5051--MOTION TO RECONSIDER TABLED

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

H. 5051 (Word version) -- Reps. Limehouse, Barfield, Tribble, Sabb, Hosey, Southard, J. H. Neal, Crawford, Parker, Brantley, Neilson, Erickson, Clemmons, Hearn, Hardwick, Loftis, Murphy, Ryan, McCoy, Anderson, Butler Garrick, Whitmire, Williams, Sottile, Alexander, Allen, Bowen, Pinson, Brannon, Johnson, Huggins, Spires, Sellers, Agnew, Anthony, Atwater, Bales, Bannister, Battle, Bedingfield, Bingham, Bowers, Branham, G. A. Brown, H. B. Brown, R. L. Brown, Chumley, Clyburn, Cobb-Hunter, Cole, Corbin, Crosby, Daning, Delleney, Dillard, Edge, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Harrell, Harrison, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Howard, Jefferson, King, Long, Lowe, Lucas, Mack, McEachern, McLeod, D. C. Moss, V. S. Moss, Munnerlyn, J. M. Neal, Norman, Ott, Parks, Patrick, Pitts, Pope, Putnam, Quinn, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Stringer, Tallon, Taylor, Toole, Vick, Weeks, Whipper, White and Willis: A BILL TO AMEND SECTION 59-103-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGHER EDUCATION MISSION AND GOALS FOR ALL PUBLIC HIGHER EDUCATION INSTITUTIONS IN THIS STATE, SO AS TO INCLUDE IN THE MISSION OF FOUR YEAR COLLEGES AND UNIVERSITIES UNIQUE DOCTORAL DEGREE PROGRAMS THAT ARE NOT DUPLICATIVE OF ANY


Printed Page 2655 . . . . . Wednesday, April 25, 2012

RESEARCH UNIVERSITY DOCTORAL PROGRAMS IN THAT REGION, AND TO DEFINE "THAT REGION".

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

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5101 (Word version) -- Reps. Limehouse, Sottile, Gilliard, R. L. Brown, Harrell, Mack and Whipper: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 211 ALONG INTERSTATE HIGHWAY 26 IN CHARLESTON COUNTY "CONGRESSMAN THOMAS F. HARTNETT INTERCHANGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS EXIT THAT CONTAIN THE WORDS "CONGRESSMAN THOMAS F. HARTNETT INTERCHANGE".

H. 5060 (Word version) -- Reps. Limehouse, McCoy, Gilliard, R. L. Brown, Stavrinakis and Harrell: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTURE OF SOUTH CAROLINA HIGHWAYS 703 AND 517 ON THE ISLE OF PALMS "STATE REPRESENTATIVE-MAYOR MIKE SOTTILE INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "STATE REPRESENTATIVE-MAYOR MIKE SOTTILE INTERSECTION".

H. 5158 (Word version) -- Reps. Owens, 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, 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,


Printed Page 2656 . . . . . Wednesday, April 25, 2012

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, 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 CONCURRENT RESOLUTION TO CONGRATULATE SOUTH CAROLINA'S 2012 DISTRICT TEACHERS OF THE YEAR ON BEING SELECTED TO REPRESENT THEIR RESPECTIVE SCHOOL DISTRICTS, TO WISH THEM CONTINUED SUCCESS IN THE FUTURE, AND TO EXPRESS APPRECIATION FOR THEIR DEDICATED SERVICE TO CHILDREN.

ADJOURNMENT

At 5:16 p.m. the House, in accordance with the motion of Rep. G. M. SMITH, adjourned in memory of Judge Mary K. Herbert of Sumter, to meet at 10:00 a.m. tomorrow.

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