South Carolina General Assembly
121st Session, 2015-2016
Journal of the House of Representatives


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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 Exodus 33:14: "God said to Moses: Consider too that this Nation is your people. He said, my presence will go with you, and I will give you rest."

Let us pray. Almighty God, You have formed us and made us Your people in one Nation under God. Probe us to follow in the footsteps of our founders and give these Representatives the courage, strength, and integrity to do the work of the people that will make all things new. Bless our Nation, President, State, Governor, Speaker, staff, and all who labor in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Heal the wounds, those seen and those hidden, of our brave warriors who suffer and sacrifice for our freedom. Lord, in Your mercy, hear our prayers. 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. JEFFERSON moved that when the House adjourns, it adjourn in memory of former Representative and Senator DeWitt Williams, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for South Carolina native, Dr. Ronald McNair, and for the entire crew who perished in the Challenger disaster thirty years ago.

SILENT PRAYER

The House stood in silent prayer for the family of Representative Clemmons.


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RESIGNATION

The following was received:

January 26, 2016
The Honorable Eric Bedingfield
South Carolina House of Representatives
202 Blatt Building
Columbia, South Carolina 29211

Dear Chairman Bedingfield,

As we discussed last week, please accept the tender of my resignation from the Regulations and Administrative Procedures Committee.

I appreciate the confidence you placed in me, however, my schedule prevents me from being able to serve in the capacity deserving of this committee.

Sincerely,
Rep. Chris Murphy

COMMITTEE APPOINTMENT
OFFICE OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES

The following was received:

January 27, 2016
The Honorable Wendy K. Nanney
South Carolina House of Representatives
124 Birnam Court
Greenville, South Carolina 29615

Dear Wendy:

It is with pleasure that I appoint you to serve on the Regulations and Administrative Procedures Committee, effective immediately. I know that you will serve on this committee with honor and distinction.

Sincerely,
James H. "Jay" Lucas
Speaker of the House

Received as information.


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REPORTS OF STANDING COMMITTEE

Rep. HIOTT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

H. 4458 (Word version) -- Reps. Huggins, Hodges and Hixon: A BILL TO AMEND SECTION 50-21-870, CODE OF LAWS OF SOUTH CAROLINA, 1976 RELATING TO PERSONAL WATERCRAFT AND BOATING SAFETY, SO AS TO INCREASE THE ZONE IN WHICH A PERSON MAY NOT OPERATE A PERSONAL WATERCRAFT, SPECIALTY PROPCRAFT, OR VESSEL IN EXCESS OF IDLE SPEED ADJACENT OF A MOORED OR ANCHORED VESSEL, WHARF, DOCK, BULKHEAD, PIER, OR A PERSON UPON THE WATERS OF THIS STATE.
Ordered for consideration tomorrow.

Rep. HIOTT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

H. 4708 (Word version) -- Reps. Hixon, Hodges, Corley, Burns, Hiott, V. S. Moss and Kirby: A BILL TO AMEND SECTION 50-13-1630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE AND TRAFFICKING IN FISH, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES MAY ISSUE PERMITS FOR THE RELEASE OR STOCKING OF STERILE WHITE AMUR, GRASS CARP, OR GRASS CARP HYBRIDS IN THIS STATE, AND TO PROVIDE THAT THE DEPARTMENT MAY ISSUE PERMITS FOR THE IMPORTATION, BREEDING, AND POSSESSION OF GRASS CARP.
Ordered for consideration tomorrow.

Rep. HIOTT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:

H. 4709 (Word version) -- Reps. Hixon, Hodges, Corley, Burns, Hiott, V. S. Moss, Kirby and Newton: A BILL TO AMEND SECTION 50-5-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMS AND THEIR DEFINITIONS CONTAINED IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, SO AS TO PROVIDE A DEFINITION FOR THE TERM "SOUTHERN COBIA MANAGEMENT ZONE"; AND TO AMEND SECTION 50-5-


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2730, AS AMENDED, RELATING TO CERTAIN FEDERAL FISHING REGULATIONS, SO AS TO PROVIDE THAT THESE REGULATIONS DO NOT APPLY TO COBIA LOCATED IN THE SOUTHERN COBIA MANAGEMENT ZONE.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4766 (Word version) -- Reps. Anderson, Alexander, Allison, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO CONGRATULATE KARTHALMINA BLANCHE HARPER OF GEORGETOWN COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND WISH HER WELL FOR THE YEARS TO COME.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4767 (Word version) -- Rep. Tallon: A HOUSE RESOLUTION TO RECOGNIZE DR. UZEE BROWN, JR., A NATIVE OF COWPENS AND THE CHAIR OF THE DEPARTMENT OF MUSIC AT MOREHOUSE


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COLLEGE, AND TO HONOR HIM FOR A REMARKABLE LIFETIME OF SIGNIFICANT ACHIEVEMENTS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4768 (Word version) -- Rep. Limehouse: A HOUSE RESOLUTION TO MEMORIALIZE THE COMMISSIONER OF BASEBALL TO REINSTATE "SHOELESS JOE" JACKSON AS A MEMBER IN GOOD STANDING IN PROFESSIONAL BASEBALL AND REQUEST, THAT IF REINSTATED, THE APPROPRIATE COMMITTEE NOMINATE HIM TO BE INDUCTED INTO THE NATIONAL BASEBALL HALL OF FAME.
The House Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

HOUSE RESOLUTION

The following was introduced:

H. 4769 (Word version) -- Rep. Tallon: A HOUSE RESOLUTION TO RECOGNIZE REVEREND DR. DELOIS BROWN-DANIELS, A NATIVE OF COWPENS AND A VICE PRESIDENT FOR ADVOCATE HEALTH CARE, AND TO HONOR HER FOR HER SIGNIFICANT CONTRIBUTIONS TO THE SPIRITUAL HEALTH AND WELL BEING OF MANY WHO SUFFER FROM THE RAVAGES OF ILLNESS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4770 (Word version) -- Reps. White, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan,


Printed Page 782 . . . . . Thursday, January 28, 2016

Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO PROVIDE THAT THE STAFF SERVING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IS NOT REQUIRED TO WORK ON GOOD FRIDAY, MARCH 25, 2016.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4771 (Word version) -- Rep. Tallon: A HOUSE RESOLUTION TO RECOGNIZE SLEETER CHILON DOVER, ESQUIRE, A NATIVE OF THE COWPENS COMMUNITY, AND TO COMMEND HIM FOR HIS SIGNIFICANT ACCOMPLISHMENTS IN LIFE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4789 (Word version) -- Rep. Hodges: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF THEOTIS "TED" HUMPHREY OF CAT ISLAND AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.


Printed Page 783 . . . . . Thursday, January 28, 2016

HOUSE RESOLUTION

The following was introduced:

H. 4791 (Word version) -- Rep. Allison: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO DAJA DIAL, MISS SOUTH CAROLINA 2015, AND SARAH HAMRICK, MISS SOUTH CAROLINA TEEN 2015, ALONG WITH THE OTHER CONTESTANTS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR WINNING THE MISS SOUTH CAROLINA 2015 AND MISS SOUTH CAROLINA TEEN 2015 TITLES.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to Daja Dial, Miss South Carolina 2015, and Sarah Hamrick, Miss South Carolina Teen 2015, along with the other contestants, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for winning the Miss South Carolina 2015 and Miss South Carolina Teen 2015 titles.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4772 (Word version) -- Rep. Delleney: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE COSTA PLEICONES, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 17, 2016.

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

That the Chief Justice of the South Carolina Supreme Court, the Honorable Costa Pleicones, is invited to address the General Assembly in Joint Session on the State of the Judiciary in the Hall of the House of Representatives at 12:00 noon on Wednesday, February 17, 2016.


Printed Page 784 . . . . . Thursday, January 28, 2016

Be it further resolved that a copy of this resolution be forwarded to Chief Justice Pleicones.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4790 (Word version) -- Reps. Jefferson, Cobb-Hunter, Neal, Southard, Crosby, Daning, G. A. Brown, Anderson, Alexander, Allison, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cole, Collins, Corley, H. A. Crawford, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF THE HONORABLE DEWITT WILLIAMS OF BERKELEY COUNTY, TO CELEBRATE HIS LIFE AND ACHIEVEMENTS, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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


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INTRODUCTION OF BILLS

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

H. 4773 (Word version) -- Reps. Duckworth, Kirby, Jordan, Johnson, Collins, Hill, Brannon, Merrill and Tinkler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT "MARGY'S LAW"; TO AMEND SECTION 44-78-15, RELATING TO DEFINITIONS IN THE EMERGENCY MEDICAL SERVICES DO NOT RESUSCITATE ORDER ACT, SO AS TO DEFINE THE TERM "DO NOT RESUSCITATE BRACELET"; TO AMEND SECTION 44-78-20, RELATING TO THE AVAILABILITY OF DO NOT RESUSCITATE ORDERS FOR EMERGENCY SERVICES TO THE TERMINALLY ILL, SO AS TO PROVIDE FOR THE AVAILABILITY OF DO NOT RESUSCITATE BRACELETS IN ADDITION TO WRITTEN ORDERS; AND TO AMEND SECTIONS 44-78-25, 44-78-30, 44-78-35, 44-78-40, 44-78-45, AND 44-78-60, ALL RELATING TO MISCELLANEOUS PROVISIONS IN THE ACT, SO AS TO MAKE CONFORMING CHANGES.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4774 (Word version) -- Reps. Govan, Parks, King, Erickson, Cobb-Hunter, Clyburn, J. E. Smith, H. A. Crawford, Yow, M. S. McLeod, Ott, Henegan, Kirby, R. L. Brown, Gilliard, Loftis, Burns, Hosey, Williams, Howard, Neal, Douglas, Mack, Tinkler, Newton, Bamberg, Jefferson, Putnam, Hamilton, G. A. Brown, Clemmons, Dillard, Duckworth, Hicks, Hodges, W. J. McLeod, G. R. Smith and Nanney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-152-15 SO AS TO PROVIDE THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS IS REAUTHORIZED UNTIL JULY 1, 2021, AND WILL AUTOMATICALLY BE REAUTHORIZED FOR FIVE-YEAR PERIODS AT FIVE-YEAR INTERVALS THEREAFTER.
Referred to Committee on Education and Public Works

H. 4775 (Word version) -- Reps. Brannon, Clary, McKnight, Whipper, Jordan, Fry, Duckworth, Johnson, Collins, Corley, Goldfinch, Norrell, Cole, W. J. McLeod and Stavrinakis: A BILL TO AMEND SECTION 63-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT,


Printed Page 786 . . . . . Thursday, January 28, 2016

SO AS TO REQUIRE FAMILY COURT MEDIATORS, AND OTHER COURT NEUTRALS APPOINTED IN FAMILY COURT CASES DECIDED BY ALTERNATIVE DISPUTE RESOLUTION, TO BE AN ATTORNEY WHO IS A MEMBER IN GOOD STANDING OF THE SOUTH CAROLINA BAR.
Referred to Committee on Judiciary

H. 4776 (Word version) -- Reps. Allison, Erickson, Crosby, Yow, Gagnon, Duckworth, Clary, Govan, Neal, George, Anthony, Willis, Bannister, Bingham, R. L. Brown, Daning, Hayes, Henderson, Hixon, Long, Lucas, V. S. Moss, Murphy, Pope, Simrill, Tallon and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 158 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION FACILITY AUTHORITY ACT" IN ORDER TO PROVIDE ASSISTANCE TO ENABLE SCHOOL DISTRICTS TO PROVIDE SCHOOL FACILITIES, TO ESTABLISH A BOARD OF DIRECTORS, TO PROVIDE THE POWERS AND DUTIES OF THE AUTHORITY, TO PROVIDE FOR FUNDING OF THE AUTHORITY, TO AUTHORIZE THE ISSUANCE OF SOUTH CAROLINA EDUCATION FACILITY REVENUE BONDS, AND TO SPECIFY THE MANNER IN WHICH BOND PROCEEDS ARE ALLOCATED TO SCHOOL DISTRICTS.
Referred to Committee on Ways and Means

H. 4777 (Word version) -- Reps. White, Allison, Erickson, Collins, Crosby, Stringer, Taylor, Felder, Ridgeway, Douglas, Johnson, Clary, George, Anthony, Willis, Jordan, Bannister, Bingham, Bradley, R. L. Brown, Daning, Duckworth, Gagnon, Hayes, Henderson, Hixon, Long, Lucas, V. S. Moss, Murphy, Pope, Rivers, Simrill, Tallon and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-20-90 SO AS TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO DEVELOP AND ADOPT A STATEWIDE PROGRAM FOR IDENTIFYING FISCAL PRACTICES AND BUDGETARY CONDITIONS THAT, IF UNCORRECTED, COULD COMPROMISE THE FISCAL INTEGRITY OF A SCHOOL DISTRICT AND FOR ADVISING THE DISTRICT ON HOW TO TAKE APPROPRIATE CORRECTIVE ACTIONS, AND TO DIRECT THE DEPARTMENT TO PROMULGATE EMERGENCY REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS SECTION; AND BY ADDING SECTION 59-20-95 SO AS TO REQUIRE THE STATE AUDITOR TO


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ADOPT THE STATEWIDE PROGRAM CREATED BY THE DEPARTMENT OF EDUCATION IN SECTION 59-20-90 AND USE IT TO IDENTIFY FISCAL PRACTICES AND BUDGETARY CONDITIONS THAT, IF UNCORRECTED, COULD COMPROMISE THE FISCAL INTEGRITY OF A STATE AGENCY THAT IS ALSO A LOCAL EDUCATION AGENCY AND TO ADVISE THE STATE AGENCY THAT IS ALSO A LOCAL EDUCATION AGENCY ON HOW TO TAKE APPROPRIATE CORRECTIVE ACTIONS, AND TO PROVIDE EXCEPTIONS TO ENABLE THE STATE AUDITOR TO DIRECT THE DEPARTMENT TO IMMEDIATELY ASSUME EMERGENCY MANAGEMENT OF THE STATE AGENCY THAT IS ALSO A LOCAL EDUCATION AGENCY FOR WHICH IT HAS MADE A DECLARATION OF FISCAL CAUTION OR FISCAL EMERGENCY, TO CONTINUE THIS EMERGENCY MANAGEMENT OF THE LOCAL EDUCATION AGENCY UNTIL THE STATE AUDITOR RELEASES THE STATE AGENCY THAT IS ALSO A LOCAL EDUCATION AGENCY FROM THE DECLARATION OF FISCAL CAUTION OR FISCAL EMERGENCY, AS APPLICABLE, AND TO DIRECT THE STATE AUDITOR TO PROMULGATE EMERGENCY REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS SECTION.
Referred to Committee on Education and Public Works

H. 4778 (Word version) -- Reps. Allison, Erickson, Collins, Stringer, Taylor, Felder, Yow, Gagnon, Duckworth, Johnson, Clary, Govan, Neal, George, Anthony, Willis, Bannister, Bingham, R. L. Brown, Crosby, Daning, Hayes, Henderson, Hixon, Long, Lucas, V. S. Moss, Pope, Rivers, Simrill, Tallon and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-145 SO AS TO PROVIDE THAT BEGINNING WITH THE 2017-2018 SCHOOL YEAR, ALL SCHOOL DISTRICTS MUST BE ACCREDITED BY ADVANCED, FORMERLY THE SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS; AND TO PROVIDE FOR THE MANNER IN WHICH WAIVERS OF THIS PROVISION MAY BE GRANTED BY THE DEPARTMENT OF EDUCATION.
Referred to Committee on Education and Public Works

H. 4779 (Word version) -- Reps. Allison, Collins, Erickson, Crosby, Stringer, Taylor, Govan, Rivers, Bradley, Duckworth, Clary, Neal, George, Anthony, Willis, Felder, Bannister, Bingham, R. L. Brown, Gagnon, Hayes,


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Henderson, Hicks, Hixon, Long, Lucas, Murphy, Pope, Simrill, Tallon and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-3-110 SO AS TO PROVIDE FOR THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE OFFICE OF TRANSFORMATION WITHIN THE SOUTH CAROLINA DEPARTMENT OF EDUCATION.
Referred to Committee on Education and Public Works

H. 4780 (Word version) -- Reps. Allison, Duckworth, Clary, Collins, Erickson, Crosby, Murphy, Felder, Bradley, Govan, Johnson, Neal, George, Anthony, Willis, Bannister, Bingham, R. L. Brown, Daning, Gagnon, Hayes, Henderson, Hicks, Hixon, Long, Lucas, V. S. Moss, Pope, Rivers, Simrill, Tallon and Wells: A BILL TO ESTABLISH A COMMITTEE COMPOSED OF SPECIFIED MEMBERS TO REVIEW ALL EXISTING STATE EDUCATION STATUTES AND REPORT TO THE GENERAL ASSEMBLY THOSE WHICH ARE OBSOLETE OR NO LONGER APPLICABLE; AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP THE SYSTEM FOR PROVIDING SERVICES AND TECHNICAL ASSISTANCE FOR SCHOOL DISTRICTS ON A REGIONAL BASIS TO INCLUDE ACADEMIC ASSISTANCE AND ASSISTANCE WITH FINANCES, AND TO PROVIDE THAT THE SUPERINTENDENT OF EDUCATION SHALL REPORT THE DESIGN OF THE SYSTEM TO THE GENERAL ASSEMBLY NO LATER THAN DECEMBER 31, 2016, AND EVERY YEAR THEREAFTER REPORT THE PROGRESS OF THE SYSTEM IN REGARD TO ASSISTANCE PROVIDED TO LOCAL SCHOOL DISTRICTS, AND ALSO TO REQUIRE THAT THE DEPARTMENT OF EDUCATION SHALL MONITOR THE OPERATIONS OF SCHOOL BOARDS IN UNDERPERFORMING DISTRICTS TO DETERMINE IF THEY ARE OPERATING EFFICIENTLY AND EFFECTIVELY AND TO PROVIDE THAT THE DEPARTMENT SHALL MONITOR THE PROFESSIONAL DEVELOPMENT OF TEACHERS, STAFF, AND ADMINISTRATORS IN DISTRICTS IT DETERMINES ARE UNDERPERFORMING TO ASCERTAIN WHAT IMPROVEMENTS AND CHANGES ARE NECESSARY.
Referred to Committee on Education and Public Works

H. 4781 (Word version) -- Reps. Allison, Erickson, Govan, Collins, Crosby, Murphy, Felder, Bradley, Duckworth, George, Clary, Neal, Anthony, Willis,


Printed Page 789 . . . . . Thursday, January 28, 2016

Bannister, Bingham, R. L. Brown, Daning, Gagnon, Hayes, Henderson, Hicks, Hixon, Long, Lucas, D. C. Moss, Pope, Sandifer, Tallon, Thayer and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-59-175 SO AS TO ESTABLISH THE SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT COORDINATING COUNCIL AND TO PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND FUNCTIONS.
Referred to Committee on Education and Public Works

H. 4782 (Word version) -- Reps. Allison, Erickson, Collins, Stringer, Taylor, Bradley, Felder, Govan, Duckworth, Clary, Neal, George, Johnson, Anthony, Willis, Bannister, Bingham, R. L. Brown, Crosby, Daning, Gagnon, Hayes, Henderson, Hicks, Hixon, Long, Lucas, V. S. Moss, Murphy, Pope, Rivers, Simrill, Tallon and Wells: A JOINT RESOLUTION TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION, WITH THE ASSISTANCE OF OTHER ENTITIES, SHALL SURVEY STUDENTS ENROLLED IN THE STATE'S COLLEGES OF EDUCATION AND INCLUDE QUESTIONS INQUIRING AS TO WHETHER THE STUDENTS HAVE EVER CONSIDERED TEACHING IN A RURAL AND ECONOMICALLY CHALLENGED SCHOOL DISTRICT AND WHAT INCENTIVES, IF ANY, WOULD CAUSE THEM TO CONSIDER WORKING IN SUCH A DISTRICT.
Referred to Committee on Education and Public Works

H. 4783 (Word version) -- Reps. Allison, Erickson, Collins, Taylor, Rivers, Felder, Bradley, Govan, Duckworth, Johnson, Clary, Neal, George, Anthony, Willis, Bannister, Bingham, R. L. Brown, Crosby, Daning, Gagnon, Hayes, Henderson, Hicks, Hixon, Long, Lucas, V. S. Moss, Murphy, Pope, Simrill, Tallon, Thayer and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-50 SO AS TO PROVIDE FOR EDUCATIONAL GOALS FOR ALL SOUTH CAROLINA HIGH SCHOOL GRADUATES AND THE STANDARDS AND AREAS OF LEARNING BY WHICH THESE GOALS ARE MEASURED.
Referred to Committee on Education and Public Works

H. 4784 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-9-125 SO AS TO PROVIDE THAT ALL MUNICIPALITIES AND COUNTIES SHALL INSPECT EACH EXTERIOR BALCONY IN


Printed Page 790 . . . . . Thursday, January 28, 2016

CERTAIN RESIDENTIAL PROPERTIES WITHIN ITS JURISDICTION TO DETERMINE WHETHER THE BALCONY SATISFIES THE REQUIREMENTS OF THE INTERNATIONAL BUILDING CODE, TO PROVIDE THAT THE MUNICIPALITY OF THE COUNTY MUST PROHIBIT USE OF AN UNSATISFACTORY BALCONY UNTIL THE BALCONY MEETS THE APPLICABLE STANDARDS, TO PROVIDE THE BUILDING CODES COUNCIL SHALL DEVELOP AND ADMINISTER A DATABASE OF BALCONY INSPECTION DATA, TO PROVIDE FOR THE IMPOSITION OF INSPECTION FEES AND FOR THEIR USES, TO PROVIDE A PENALTY FOR A VIOLATION, AND TO PROVIDE DEFINITIONS.
Referred to Committee on Labor, Commerce and Industry

H. 4785 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4562, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4786 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE OFFICE OF THE GOVERNOR, RELATING TO LOCAL EMERGENCY PREPAREDNESS STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4563, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4787 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HORSE MEAT AND KANGAROO MEAT; FAIRS, CAMP MEETINGS, AND OTHER GATHERINGS; CAMPS; MOBILE/MANUFACTURED HOME PARK; SANITATION OF SCHOOLS; AND NUISANCES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4552, PURSUANT TO


Printed Page 791 . . . . . Thursday, January 28, 2016

THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4788 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING NURSING HOMES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4543, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 4792 (Word version) -- Rep. Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "VIRTUAL EARLY LEARNING PILOT PROGRAM ACT" BY ADDING ARTICLE 3 TO CHAPTER 16, TITLE 59 SO AS TO PROVIDE THE STATE BOARD OF EDUCATION SHALL CONTRACT WITH AN EDUCATIONAL TECHNOLOGY PROVIDER TO PROVIDE A HOME-BASED EDUCATIONAL TECHNOLOGY PILOT PROGRAM FOR LITERACY AND NUMERACY INSTRUCTION AND ASSESSMENT FOR PRESCHOOL CHILDREN, TO PROVIDE REQUIREMENTS FOR THE PROGRAM AND ASSOCIATED PARTIES, TO PROVIDE NO MORE THAN TEN SCHOOL DISTRICTS MAY PARTICIPATE IN THE PILOT PROGRAM, TO PROVIDE THE STATE BOARD OF EDUCATION SHALL CONTRACT WITH AN INDEPENDENT, QUALIFIED EVALUATOR TO EVALUATE THE VIRTUAL EDUCATIONAL TECHNOLOGY PROGRAM FOR PRESCHOOL CHILDREN, AND TO PROVIDE REPORTING REQUIREMENTS, AMONG OTHER THINGS; TO DESIGNATE EXISTING SECTIONS OF THE CHAPTER AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS"; AND TO REDESIGNATE THE CHAPTER AS "VIRTUAL EDUCATION PROGRAMS".
Referred to Committee on Education and Public Works

H. 4793 (Word version) -- Reps. Bedingfield and Lucas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 77 TO TITLE 39 SO AS TO PROVIDE THAT ANY REGULATION REGARDING THE USE, DISPOSITION, SALE, OR ANY IMPOSITION OF ANY PROHIBITION, RESTRICTION, FEE


Printed Page 792 . . . . . Thursday, January 28, 2016

IMPOSITION, OR TAXATION OF AUXILIARY CONTAINERS MUST BE DONE ONLY BY THE GENERAL ASSEMBLY, TO DEFINE AUXILIARY CONTAINER, TO PROVIDE FOR LEGISLATIVE FINDINGS, AND TO PROVIDE FOR EXCEPTIONS.
Referred to Committee on Judiciary

ROLL CALL

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

Allison                Anderson               Anthony
Bales                  Ballentine             Bannister
Bedingfield            Bernstein              Bingham
Bowers                 Bradley                G. A. Brown
R. L. Brown            Burns                  Chumley
Clary                  Clyburn                Cobb-Hunter
Cole                   Collins                Corley
Crosby                 Daning                 Delleney
Dillard                Douglas                Duckworth
Erickson               Felder                 Finlay
Fry                    Funderburk             Gagnon
Gambrell               George                 Gilliard
Hamilton               Hayes                  Henderson
Henegan                Hill                   Hiott
Hixon                  Hodges                 Hosey
Howard                 Huggins                Jefferson
Johnson                Jordan                 King
Kirby                  Knight                 Loftis
Long                   Lowe                   Lucas
Mack                   McEachern              McKnight
M. S. McLeod           W. J. McLeod           Merrill
D. C. Moss             V. S. Moss             Nanney
Newton                 Norman                 Ott
Pope                   Putnam                 Ridgeway
Riley                  Rivers                 Sandifer
Simrill                G. R. Smith            J. E. Smith
Sottile                Southard               Spires
Stavrinakis            Stringer               Tallon
Taylor                 Thayer                 Tinkler
Wells                  Whipper                White


Printed Page 793 . . . . . Thursday, January 28, 2016

Whitmire               Williams               Willis
Yow

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, January 28.

Terry Alexander                   Stephen Goldfinch
Jerry Govan                       Chris Hart
Donna Hicks                       Jenny A. Horne
Ralph Kennedy                     Harold Mitchell
Chis Murphy                       Joseph Neal
Mandy Powers Norrell              Anne Parks
Richard "Rick" Quinn              Todd Rutherford
Mike Ryhal                        G. Murrell Smith

Total Present--110

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. Robert R. Morgan, Jr. of Greenville was the Doctor of the Day for the General Assembly.


Printed Page 794 . . . . . Thursday, January 28, 2016

ACTING SPEAKER HIXON IN CHAIR

SPECIAL PRESENTATION

Reps. GAGNON and GAMBRELL presented to the House the Abbeville High School Varsity Football Team, coaches, and other school officials.

SPECIAL PRESENTATION

Rep. D. C. MOSS presented to the House the Limestone College Men's Lacrosse Team, 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 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. 3177 (Word version)
Date:   ADD:
01/28/16   WILLIS

CO-SPONSOR ADDED

Bill Number:   H. 3521 (Word version)
Date:   ADD:
01/28/16   HICKS

CO-SPONSOR ADDED

Bill Number:   H. 4093 (Word version)
Date:   ADD:
01/28/16   CLARY


Printed Page 795 . . . . . Thursday, January 28, 2016

CO-SPONSOR ADDED

Bill Number:   H. 4458 (Word version)
Date:   ADD:
01/28/16   HIXON

CO-SPONSOR ADDED

Bill Number:   H. 4496 (Word version)
Date:   ADD:
01/28/16   G. R. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 4513 (Word version)
Date:   ADD:
01/28/16   G. R. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 4522 (Word version)
Date:   ADD:
01/28/16   G. R. SMITH

CO-SPONSORS ADDED

Bill Number:   H. 4548 (Word version)
Date:   ADD:
01/28/16   WILLIS, OTT, THAYER, FELDER, HICKS, GOVAN and RILEY

CO-SPONSOR ADDED

Bill Number:   H. 4679 (Word version)
Date:   ADD:
01/28/16   OTT

CO-SPONSOR ADDED

Bill Number:   H. 4709 (Word version)
Date:   ADD:
01/28/16   NEWTON

CO-SPONSOR ADDED

Bill Number:   H. 4774 (Word version)
Date:   ADD:
01/28/16   NANNEY


Printed Page 796 . . . . . Thursday, January 28, 2016

CO-SPONSORS REMOVED

Bill Number:   H. 3580 (Word version)
Date:   REMOVE:
01/28/16   G. R. SMITH and BEDINGFIELD

CO-SPONSOR REMOVED

Bill Number:   H. 4332 (Word version)
Date:   REMOVE:
01/28/16   KNIGHT

SPEAKER IN CHAIR

S. 255--FREE CONFERENCE POWERS GRANTED

Rep. TALLON moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:

S. 255 (Word version) -- Senator Thurmond: A BILL TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF ARREST AND BOOKING RECORDS, SO AS TO PROVIDE THAT A PERSON OR ENTITY WHO PUBLISHES ON THE PERSON OR ENTITY'S WEBSITE THE ARREST AND BOOKING RECORDS OF A PERSON WHOSE CHARGES HAVE BEEN DISCHARGED OR DISMISSED, OR OF A PERSON WHO IS FOUND NOT GUILTY OF A CHARGE, SHALL, WITHOUT FEE OR COMPENSATION, REMOVE THE ARREST AND BOOKING RECORDS WITHIN THIRTY DAYS OF A WRITTEN REQUEST, AND TO PROVIDE THE PENALTIES FOR A PERSON OR ENTITY WHO FAILS TO REMOVE THE ARREST AND BOOKING RECORDS.

The yeas and nays were taken resulting as follows:

Yeas 96; Nays 0

Those who voted in the affirmative are:

Allison                Anthony                Bales
Ballentine             Bannister              Bedingfield
Bernstein              Bingham                Bowers
Bradley                Brannon                G. A. Brown
R. L. Brown            Burns                  Chumley
Clary                  Clyburn                Cole


Printed Page 797 . . . . . Thursday, January 28, 2016

Collins                Corley                 Crosby
Daning                 Delleney               Dillard
Douglas                Duckworth              Erickson
Felder                 Finlay                 Fry
Funderburk             Gagnon                 George
Goldfinch              Govan                  Hamilton
Hart                   Hayes                  Henderson
Henegan                Hicks                  Hill
Hiott                  Hixon                  Hodges
Horne                  Hosey                  Huggins
Jefferson              Johnson                Jordan
King                   Kirby                  Knight
Limehouse              Long                   Lowe
Lucas                  McEachern              McKnight
M. S. McLeod           W. J. McLeod           D. C. Moss
V. S. Moss             Murphy                 Nanney
Newton                 Norman                 Norrell
Ott                    Parks                  Pitts
Pope                   Putnam                 Ridgeway
Riley                  Rivers                 Ryhal
Sandifer               Simrill                G. R. Smith
J. E. Smith            Sottile                Spires
Stavrinakis            Stringer               Tallon
Taylor                 Thayer                 Tinkler
Wells                  White                  Whitmire
Williams               Willis                 Yow

Total--96

Those who voted in the negative are:

Total--0

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. TALLON, FINLAY and RUTHERFORD to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.


Printed Page 798 . . . . . Thursday, January 28, 2016

S. 1000--DEBATE ADJOURNED

The following Bill was taken up:

S. 1000 (Word version) -- Senator Sheheen: A BILL TO PERMIT THE TOWN OF CAMDEN TO ANNEX CERTAIN REAL PROPERTY BY ORDINANCE UPON FINDING THAT THE PROPERTY IS BLIGHTED.

Rep. FUNDERBURK moved to adjourn debate on the Bill until Tuesday, February 2, which was agreed to.

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution 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. 1008 (Word version) -- Senator L. Martin: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 7A AND 19 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2016.

H. 4665--POINT OF ORDER

The following Bill was taken up:

H. 4665 (Word version) -- Reps. Tallon, Bannister, Bingham, Burns, Cole, Delleney, Erickson, Felder, Gagnon, Hamilton, Huggins, Kennedy, Lowe, Norrell, Rivers, G. M. Smith, G. R. Smith, Southard, Spires, Newton and W. J. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-19-115 SO AS TO REQUIRE CANDIDATES FOR MAGISTRATES COURT TO BE SCREENED BY THE JUDICIAL MERIT SELECTION COMMISSION BEFORE THEY MAY BE APPOINTED BY THE GOVERNOR BY AND WITH THE CONSENT OF THE SENATE; AND TO AMEND SECTION 22-1-10, AS AMENDED, RELATING TO THE APPOINTMENT AND JURISDICTION OF MAGISTRATES, SO AS TO PROVIDE MAGISTRATES MUST BE SCREENED BY THE JUDICIAL MERIT SELECTION COMMISSION AND DELETE LANGUAGE ALLOWING MAGISTRATES' TERMS TO CONTINUE UNTIL SUCCESSORS ARE APPOINTED AND QUALIFIED.


Printed Page 799 . . . . . Thursday, January 28, 2016

POINT OF ORDER

Rep. MURPHY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 4457--POINT OF ORDER

The following Bill was taken up:

H. 4457 (Word version) -- Reps. Huggins and W. J. McLeod: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CIVIL JURISDICTION OF THE MAGISTRATES COURT, SO AS TO INCREASE THE CIVIL JURISDICTION FROM SEVEN THOUSAND FIVE HUNDRED DOLLARS TO FIFTEEN THOUSAND DOLLARS.

POINT OF ORDER

Rep. MURPHY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 4579--POINT OF ORDER

The following Bill was taken up:

H. 4579 (Word version) -- Reps. Pope, Lucas, Delleney, Simrill, Bales, Clyburn, Hosey, Tallon, Henderson, Felder and W. J. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-125 SO AS TO PROVIDE THAT IN THE CASE OF A VACANCY IN THE OFFICE OF LIEUTENANT GOVERNOR, THE GOVERNOR SHALL APPOINT, WITH THE ADVICE AND CONSENT OF THE SENATE, A SUCCESSOR TO FILL THE UNEXPIRED TERM; BY ADDING SECTION 7-11-12 SO AS TO PROVIDE THAT BEGINNING WITH THE 2018 GENERAL ELECTION THE LIEUTENANT GOVERNOR AND GOVERNOR MUST BE JOINTLY ELECTED AND TO DELINEATE JOINT CANDIDACY PROCEDURES; TO AMEND SECTION 1-3-120, RELATING TO A VACANCY IN THE OFFICE OF BOTH


Printed Page 800 . . . . . Thursday, January 28, 2016

GOVERNOR AND LIEUTENANT GOVERNOR, SO AS TO DELETE A REFERENCE TO PRESIDENT OF THE SENATE PRO TEMPORE; TO AMEND SECTION 1-3-620, RELATING TO THE OFFICE OF THE GOVERNOR TO BE PART TIME, SO AS TO PROVIDE THAT BEGINNING WITH THE LIEUTENANT GOVERNOR ELECTED IN THE 2018 GENERAL ELECTION, THE LIEUTENANT GOVERNOR SHALL PERFORM THE DUTIES PERTAINING TO THE OFFICE OF THE GOVERNOR WHICH ARE ASSIGNED BY THE GOVERNOR, EXCEPT WHEN OTHERWISE PROVIDED BY LAW; TO AMEND SECTION 1-9-30, RELATING TO EMERGENCY INTERIM SUCCESSORS TO THE OFFICE OF THE GOVERNOR, SO AS TO DELETE A REFERENCE TO PRESIDENT OF THE SENATE PRO TEMPORE; TO AMEND SECTION 1-17-20, RELATING TO THE COMMITTEE ON INTERSTATE COOPERATION OF THE SENATE, SO AS TO PROVIDE THAT BEGINNING WITH THE CONVENING OF THE GENERAL ASSEMBLY IN 2019, THE PRESIDENT OF THE SENATE MAY SERVE ON THE COMMITTEE EX OFFICIO; TO AMEND SECTION 1-23-125, AS AMENDED, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO REPLACE THE TERM "LIEUTENANT GOVERNOR" WITH "PRESIDENT OF THE SENATE"; TO AMEND SECTION 2-3-30, RELATING TO SUBSISTENCE EXPENSES FOR MEMBERS AND THE LIEUTENANT GOVERNOR ON LEGISLATIVE DAYS, SO AS TO ELIMINATE THE LIEUTENANT GOVERNOR'S ELIGIBILITY FOR A SUBSISTENCE ALLOWANCE; TO AMEND SECTION 2-3-90, RELATING TO THE ELECTION OF READING CLERKS, SERGEANTS AT ARMS, AND ASSISTANT SERGEANTS AT ARMS, SO AS TO REPLACE THE TERM "LIEUTENANT GOVERNOR" WITH "PRESIDENT OF THE SENATE"; TO AMEND SECTION 7-11-30, AS AMENDED, RELATING TO CONVENTION NOMINATION OF CANDIDATES, SO AS TO REMOVE A REFERENCE TO "LIEUTENANT GOVERNOR"; TO AMEND SECTION 7-17-10, AS AMENDED, RELATING TO THE MEETING AND ORGANIZATION OF COUNTY BOARDS OF CANVASSERS, SO AS TO REMOVE A REFERENCE TO THE "LIEUTENANT GOVERNOR"; TO AMEND SECTION 10-1-40, RELATING TO THE STATE HOUSE COMMITTEE, SO AS TO REPLACE THE "LIEUTENANT GOVERNOR" AS THE APPOINTING AUTHORITY FOR THE SENATE WITH THE "PRESIDENT OF THE SENATE"; TO AMEND


Printed Page 801 . . . . . Thursday, January 28, 2016

SECTIONS 14-27-20, 14-27-30, AND 14-27-40, ALL AS AMENDED, ALL RELATING TO THE JUDICIAL COUNCIL OF THE STATE OF SOUTH CAROLINA, SO AS TO REPLACE REFERENCES TO THE "LIEUTENANT GOVERNOR" WITH "PRESIDENT OF THE SENATE"; AND TO AMEND SECTION 14-27-80, RELATING TO THE DUTIES OF CERTAIN MEMBERS OF THE JUDICIAL COUNCIL OF THE STATE OF SOUTH CAROLINA, SO AS TO REPLACE THE TERM "LIEUTENANT GOVERNOR" WITH "PRESIDENT OF THE SENATE".

POINT OF ORDER

Rep. HILL made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 4532--RECALLED FROM COMMITTEE ON JUDICIARY

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

H. 4532 (Word version) -- Rep. Fry: A BILL TO AMEND SECTION 4-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOUNDARIES OF THE MURRELL'S INLET-GARDEN CITY FIRE DISTRICT, SO AS TO REVISE THE BOUNDARIES; AND TO REPEAL SECTION 4-23-15 RELATING TO THE BOUNDARIES OF THE SAME DISTRICT.

OBJECTION TO RECALL

Rep. HENDERSON asked unanimous consent to recall H. 3999 (Word version) from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. LOFTIS objected.

H. 4145--SENT TO THE SENATE

The following Bill was taken up:

H. 4145 (Word version) -- Reps. White, Clemmons, Goldfinch, Yow, W. J. McLeod, Horne, Murphy, Erickson, Duckworth, Gagnon, Gambrell, Hardwick, Jordan, Long, Lowe, Pitts, Sandifer, Thayer, Willis, Loftis, Alexander, Johnson, Whipper, M. S. McLeod, Mitchell, Henegan, Anderson, Rivers and R. L. Brown: A BILL TO AMEND THE CODE OF LAWS OF


Printed Page 802 . . . . . Thursday, January 28, 2016

SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 1, TITLE 13 SO AS TO CREATE THE COORDINATING COUNCIL FOR WORKFORCE DEVELOPMENT, TO DEVELOP A COMPREHENSIVE PLAN FOR WORKFORCE TRAINING AND EDUCATION UNDER THE COORDINATING COUNCIL FOR WORKFORCE DEVELOPMENT, TO PROVIDE LEGISLATIVE FINDINGS, TO PROVIDE DEFINITIONS, TO ESTABLISH THE DUTIES OF THE COUNCIL, TO ESTABLISH TO WHOM THE COMPREHENSIVE PLAN MUST BE SUBMITTED AND THE CONTENTS REQUIRED, TO PROVIDE FOR PROGRAM EVALUATIONS, TO PROVIDE FOR A BIENNIAL ASSESSMENT BY THE COUNCIL, TO PROVIDE THAT THE COUNCIL SHALL IMPROVE COORDINATION OF WORKFORCE DEVELOPMENT IN THE STATE, TO PROVIDE FOR THE CREATION OF A STATE STRATEGIC PLAN FOR SUPPLY OF HEALTH CARE PERSONNEL, TO PROVIDE THAT THE WORKFORCE DEVELOPMENT COUNCILS SHALL DEVELOP AND MAINTAIN A LOCAL UNIFIED PLAN FOR THE WORKFORCE DEVELOPMENT SYSTEM; BY ADDING ARTICLE 29 TO CHAPTER 53, TITLE 59 SO AS TO DEVELOP AND IMPLEMENT A CAREER PATHWAYS FOR SUCCESS INITIATIVE, TO ESTABLISH A PATHWAYS TO FIRST CAREERS PROGRAM, AND TO ESTABLISH A PATHWAYS TO NEW OPPORTUNITIES PROGRAM; BY ADDING SECTION 12-6-3760 SO AS TO PROVIDE A TAX CREDIT FOR TAXPAYERS WHO HIRE AN APPRENTICE; BY ADDING SECTION 59-53-110 SO AS TO CREATE A WORKFORCE SCHOLARSHIP AND GRANT FUND; AND BY ADDING SECTION 12-6-3765 SO AS TO PROVIDE A TAX CREDIT FOR TAXPAYERS WHO CONTRIBUTE TO THE WORKFORCE SCHOLARSHIP AND GRANT FUND.

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

H. 4573--SENT TO THE SENATE

The following Bill was taken up:

H. 4573 (Word version) -- Reps. J. E. Smith, Clyburn, Hosey, Yow and Douglas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-100 SO AS TO DESIGNATE THE SUBSTANTIVE PROVISIONS OF ACT 127 OF 2015 RELATING TO THE STATE AND LOCAL LEVEL VETERANS


Printed Page 803 . . . . . Thursday, January 28, 2016

ISSUES STUDY COMMITTEE, TO EXTEND THE DATE ON WHICH THE STUDY COMMITTEE MUST BE DISSOLVED, AND TO REQUIRE BIENNIAL REPORTS.

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

H. 4700--ADOPTED

The following House Resolution was taken up:

H. 4700 (Word version) -- Reps. Atwater, Huggins, Allison, Ballentine, Pope, Sottile, Simrill, Taylor, Bedingfield, V. S. Moss, Bannister, D. C. Moss, Collins, Burns, Nanney, Limehouse, Chumley, Clary, Forrester, Goldfinch, Henderson, Herbkersman, Hiott, Hixon, Loftis, G. M. Smith, G. R. Smith, Stringer, Tallon, White, Norman, Felder, Daning, Corley, Willis, Thayer, Long, Spires, Bradley, Sandifer, Gambrell, H. A. Crawford, Putnam, Rivers, Horne, Newton, Gagnon, Southard, Ryhal, Hardee, Duckworth, Johnson, Lowe, Fry, Erickson, Delleney, Whitmire, Brannon, Bingham and McCoy: A HOUSE RESOLUTION TO AMEND RULE 6.3 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE ORDER OF BUSINESS OF THE HOUSE OF REPRESENTATIVES, SO AS TO ADD A TIME FOR SPECIAL INTRODUCTIONS, RECOGNITIONS, AND ANNOUNCEMENTS TO THE DAILY ORDER OF BUSINESS, TO PROVIDE FOR THE DISCRETION OF THE SPEAKER IN ALLOWING SUCH SPECIAL INTRODUCTIONS, RECOGNITIONS, AND ANNOUNCEMENTS DURING ROLL CALL VOTING, AND TO MAKE CONFORMING CHANGES; AND TO AMEND RULE 5.10, RELATING TO THE PROHIBITION ON BILLS AND JOINT RESOLUTIONS RECEIVING SECOND READING BEFORE THEIR NUMBER AND TITLE HAVE BEEN PRINTED ON THE HOUSE CALENDAR FOR AT LEAST ONE DAY, AND RULE 8.5, RELATING TO THE ORDER OF MOTIONS WHEN A QUESTION IS UNDER DEBATE, BOTH SO AS TO MAKE CONFORMING CHANGES.

Rep. LOFTIS explained the Resolution.

The yeas and nays were taken resulting as follows:

Yeas 102; Nays 0


Printed Page 804 . . . . . Thursday, January 28, 2016

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Bales                  Ballentine             Bannister
Bedingfield            Bernstein              Bingham
Bowers                 Bradley                Brannon
G. A. Brown            Burns                  Chumley
Clary                  Clyburn                Cobb-Hunter
Cole                   Collins                Corley
Crosby                 Daning                 Delleney
Dillard                Douglas                Duckworth
Erickson               Felder                 Finlay
Fry                    Funderburk             Gagnon
Gambrell               George                 Gilliard
Goldfinch              Govan                  Hamilton
Hart                   Hayes                  Henderson
Henegan                Hicks                  Hill
Hiott                  Hixon                  Hodges
Horne                  Hosey                  Huggins
Jefferson              Johnson                Jordan
King                   Kirby                  Knight
Limehouse              Loftis                 Long
Lowe                   Lucas                  McEachern
McKnight               M. S. McLeod           W. J. McLeod
Merrill                D. C. Moss             V. S. Moss
Murphy                 Nanney                 Newton
Norman                 Norrell                Ott
Pitts                  Pope                   Putnam
Ridgeway               Riley                  Rivers
Ryhal                  Simrill                G. M. Smith
G. R. Smith            J. E. Smith            Sottile
Southard               Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Tinkler                Weeks
Wells                  Whipper                Whitmire
Williams               Willis                 Yow

Total--102


Printed Page 805 . . . . . Thursday, January 28, 2016

Those who voted in the negative are:

Total--0

The Resolution was adopted.

H. 4663--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4663 (Word version) -- Rep. Taylor: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION PLACE SIGNS ALONG SOUTH CAROLINA HIGHWAY 39 AT THE NORTHERN AND SOUTHERN ENTRANCES TO THE TOWN OF SALLEY THAT CONTAIN THE WORDS "LUKE PARSONS 2015 U.S. KIDS GOLF WORLD CHAMPION".

The Concurrent Resolution was adopted and sent to the Senate.

H. 4723--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4723 (Word version) -- Rep. Alexander: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 51 IN FLORENCE COUNTY THAT RUNS TWO HUNDRED YARDS NORTH AND TWO HUNDRED YARDS SOUTH OF ELIZABETH BAPTIST CHURCH "REVEREND SOLOMON EADDY, SR., HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THIS DESIGNATION.

The Concurrent Resolution was adopted and sent to the Senate.

H. 4678--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4678 (Word version) -- Reps. Bernstein and M. S. McLeod: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES INTERSTATE HIGHWAY 20 ALONG TRENHOLM ROAD IN RICHLAND COUNTY "MARVIN CLIFTON 'CLIFF' MOORE, JR.


Printed Page 806 . . . . . Thursday, January 28, 2016

MEMORIAL BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE THAT CONTAIN THIS DESIGNATION.

The Concurrent Resolution was adopted and sent to the Senate.

S. 1007--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 1007 (Word version) -- Senator Lourie: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF FOREST DRIVE AND BELTLINE BOULEVARD IN THE CITY OF FOREST ACRES "OFFICER GREGORY THOMAS ALIA INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION THAT CONTAIN THIS DESIGNATION.

The Concurrent Resolution was adopted and sent to the Senate.

MOTION PERIOD

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

SPEAKER PRO TEMPORE IN CHAIR

H. 3521--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3521 (Word version) -- Reps. Limehouse, Putnam, Clemmons, Rivers, Yow, Burns, Loftis, Chumley and Hicks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-250 SO AS TO PREVENT A COURT OR OTHER ENFORCEMENT AUTHORITY FROM ENFORCING FOREIGN LAW INCLUDING, BUT NOT LIMITED TO, SHARIA LAW IN THIS STATE FROM A FORUM OUTSIDE OF THE UNITED STATES OR ITS TERRITORIES UNDER CERTAIN CIRCUMSTANCES.

Reps. HILL, THAYER, GAGNON, PUTNAM and LIMEHOUSE proposed the following Amendment No. 2 to H. 3521 (COUNCIL\ NBD\3521C001.NBD.CZ15), which was tabled:


Printed Page 807 . . . . . Thursday, January 28, 2016

Amend the bill, as and if amended, by striking SECTION 1 and 2 in their entirety and inserting:
/   SECTION   1.   The General Assembly finds that it shall be the public policy of this State to protect its citizens from the application of foreign laws, whether secular or religious in nature or origin, when the application of a foreign law will result in the violation of a right guaranteed by the Constitution of this State or of the United States including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy as specifically defined by the Constitution of this State. The General Assembly fully recognizes the right to contract freely under the laws of this State and also recognizes that this right may be reasonably and rationally circumscribed pursuant to the state's interest to protect and promote rights and privileges granted under the United States or South Carolina Constitution including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy as specifically defined by the Constitution of the United States or of this State.
SECTION   2.   Chapter 1, Title 14 of the 1976 Code is amended by adding:

"Section 14-1-250.   (A)   As used in this section, 'foreign law' means any law, legal code, or legal system of a jurisdiction outside of any state or territory of the United States including, but not limited to, international organizations and tribunals regardless of whether such law, legal code, or legal system is actively used or applied by that jurisdiction's courts, administrative bodies, or other formal or informal tribunals.

(B)   Any court, arbitration, tribunal, or administrative agency ruling or decision in a matter at issue shall violate the public policy of this State and be void and unenforceable to the extent that any such ruling or decision is based upon any foreign law that would not grant the parties affected by the ruling or decision, at a minimum, the fundamental liberties, rights, and privileges granted under the United States and South Carolina Constitutions including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy as specifically defined by the Constitution of the United States, or of this State.

(C)   A contract or, if severable, a contractual provision which provides for the choice of a foreign law to govern some or all of the disputes between the parties adjudicated by a court of law or by an arbitration panel arising from the contract mutually agreed upon shall violate the public policy of this State and be void and unenforceable


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entirely or, if severable, to the extent of the violation, if the foreign law chosen would apply any substantive or procedural law that would not grant the parties the same fundamental liberties, rights, and privileges granted under the United States or South Carolina Constitutions including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy as specifically defined by the Constitution of the United States or of this State.

(D)(1)   A contract or, if severable, a contractual provision which provides the courts or arbitration panels in personam jurisdiction over the parties to adjudicate any disputes between parties arising from the contract mutually agreed upon shall violate the public policy of this State and be void and unenforceable entirely or, if severable, to the extent of the violation, if the jurisdiction chosen applies any foreign law to the dispute at issue, that would not grant the parties, at a minimum, the fundamental liberties, rights, and privileges granted under the United States and South Carolina Constitutions including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy as specifically defined by the Constitution of the United States or the Constitution of this State.

(2)   If a resident of this State, subject to personal jurisdiction in this State, seeks to maintain litigation, arbitration, agency, or similarly binding proceedings in this State and if the courts of this State find that granting a claim of forum non conveniens or a related claim would result or likely result in a violation in the foreign forum of the nonclaimant's fundamental liberties, rights, and privileges granted under the United States or South Carolina Constitution with respect to the matter in dispute, then it is the public policy of this State that the claim shall be denied.

(E)   This section shall not apply to a church or other religious organization, association, or society, with respect to the individuals of a particular religion regarding matters that are purely ecclesiastical including, but not limited to, matters of calling a pastor, excluding members from a church, electing church officers, matters concerning church bylaws, constitution, and doctrinal regulations and the conduct of other routine church business, when the jurisdiction of the courts of this State would be contrary to the First Amendment of the United States and the Constitution of this State.

(F)   This section shall not be interpreted by any court to conflict with any federal treaty or other international agreement to which the United States is a party to the extent that such treaty or international agreement preempts or is superior to state law on the matter at issue." /


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Renumber sections to conform.
Amend title to conform.

Rep. HILL moved to table the amendment, which was agreed to.

Rep. HILL proposed the following Amendment No. 3 to H. 3521 (COUNCIL\GT\3521C001.GT.CM16), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and 2 in their entirety and inserting:
/   SECTION   1.   The General Assembly finds that it shall be the public policy of this State to protect its citizens from the application of foreign laws, whether secular or religious in nature or origin, when the application of a foreign law will result in the violation of a right guaranteed by the Constitution of this State or of the United States including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy as specifically defined by the Constitution of this State. The General Assembly fully recognizes the right to contract freely under the laws of this State and also recognizes that this right may be reasonably and rationally circumscribed pursuant to the state's interest to protect and promote rights and privileges granted under the United States or South Carolina Constitution including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy as specifically defined by the Constitution of the United States or of this State.
SECTION   2.   Chapter 1, Title 14 of the 1976 Code is amended by adding:

"Section 14-1-250.   (A)   As used in this section, 'foreign law' means any law, legal code, or legal system of a jurisdiction outside of any state or territory of the United States including, but not limited to, international organizations and tribunals applied by that jurisdiction's courts, administrative bodies, or other formal or informal tribunals.

(B)   Any court, arbitration, tribunal, or administrative agency ruling or decision in a matter at issue shall violate the public policy of this State and be void and unenforceable to the extent that any such ruling or decision is based upon any foreign law that would not grant the parties affected by the ruling or decision, at a minimum, the fundamental liberties, rights, and privileges granted under the United States and South Carolina Constitutions including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy as specifically defined by the Constitution of the United States, or of this State.


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(C)   A contract or, if severable, a contractual provision which provides for the choice of a foreign law to govern some or all of the disputes between the parties adjudicated by a court of law or by an arbitration panel arising from the contract mutually agreed upon shall violate the public policy of this State and be void and unenforceable entirely or, if severable, to the extent of the violation, if the foreign law chosen would apply any substantive or procedural law that would not grant the parties the same fundamental liberties, rights, and privileges granted under the United States or South Carolina Constitutions including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy as specifically defined by the Constitution of the United States or of this State.

(D)(1)   A contract or, if severable, a contractual provision which provides the courts or arbitration panels in personam jurisdiction over the parties to adjudicate any disputes between parties arising from the contract mutually agreed upon shall violate the public policy of this State and be void and unenforceable entirely or, if severable, to the extent of the violation, if the jurisdiction chosen applies any foreign law to the dispute at issue, that would not grant the parties, at a minimum, the fundamental liberties, rights, and privileges granted under the United States and South Carolina Constitutions including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy as specifically defined by the Constitution of the United States or the Constitution of this State.

(2)   If a resident of this State, subject to personal jurisdiction in this State, seeks to maintain litigation, arbitration, agency, or similarly binding proceedings in this State and if the courts of this State find that granting a claim of forum non conveniens or a related claim would result or likely result in a violation in the foreign forum of the nonclaimant's fundamental liberties, rights, and privileges granted under the United States or South Carolina Constitution with respect to the matter in dispute, then it is the public policy of this State that the claim shall be denied.

(E)   This section shall not apply to a church or other religious organization, association, or society, with respect to the individuals of a particular religion regarding matters that are purely ecclesiastical including, but not limited to, matters of calling a pastor, excluding members from a church, electing church officers, matters concerning church bylaws, constitution, and doctrinal regulations and the conduct of other routine church business, when the jurisdiction of the courts of


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this State would be contrary to the First Amendment of the United States and the Constitution of this State.

(F)   This section shall not be interpreted by any court to conflict with any federal treaty or other international agreement to which the United States is a party to the extent that such treaty or international agreement preempts or is superior to state law on the matter at issue." /
Renumber sections to conform.
Amend title to conform.

Rep. HILL explained the amendment.

Rep. W. J. MCLEOD moved to adjourn debate on the Bill until Thursday, February 4.

Rep. LIMEHOUSE moved to table the motion.

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

Yeas 57; Nays 50

Those who voted in the affirmative are:

Allison                Ballentine             Bannister
Bedingfield            Bingham                Bradley
Brannon                G. A. Brown            Burns
Chumley                Corley                 H. A. Crawford
Crosby                 Daning                 Delleney
Duckworth              Erickson               Felder
Finlay                 Fry                    Gagnon
Goldfinch              Hamilton               Henderson
Hicks                  Hiott                  Hixon
Horne                  Huggins                Johnson
Jordan                 Limehouse              Loftis
Long                   Lowe                   Lucas
Merrill                D. C. Moss             V. S. Moss
Nanney                 Newton                 Norman
Pope                   Quinn                  Riley
Rivers                 Simrill                G. M. Smith
G. R. Smith            Spires                 Stringer


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Tallon                 Taylor                 Wells
White                  Willis                 Yow

Total--57

Those who voted in the negative are:

Alexander              Anderson               Bales
Bernstein              Bowers                 R. L. Brown
Clary                  Clyburn                Cobb-Hunter
Cole                   Collins                Dillard
Douglas                Funderburk             Gambrell
George                 Gilliard               Govan
Hart                   Henegan                Hodges
Hosey                  Jefferson              King
Kirby                  Knight                 McEachern
McKnight               M. S. McLeod           W. J. McLeod
Murphy                 Norrell                Ott
Parks                  Pitts                  Putnam
Ridgeway               Rutherford             Ryhal
Sandifer               J. E. Smith            Sottile
Southard               Stavrinakis            Thayer
Tinkler                Weeks                  Whipper
Whitmire               Williams

Total--50

So, the motion to adjourn debate was tabled.

The question then recurred to the adoption of the amendment.

Rep. J. E. SMITH spoke against the amendment.
Rep. J. E. SMITH spoke against the amendment.
Rep. W. J. MCLEOD spoke against the amendment.

Rep. W. J. MCLEOD moved to table the amendment.

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

Yeas 42; Nays 67


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Those who voted in the affirmative are:

Alexander              Anderson               Bales
Bernstein              Bowers                 G. A. Brown
R. L. Brown            Clary                  Clyburn
Cobb-Hunter            Collins                Dillard
Douglas                Funderburk             George
Gilliard               Govan                  Hart
Henegan                Hodges                 Hosey
Howard                 Jefferson              King
Kirby                  Knight                 McEachern
McKnight               M. S. McLeod           W. J. McLeod
Neal                   Norrell                Ott
Parks                  Ridgeway               Rutherford
J. E. Smith            Stavrinakis            Tinkler
Weeks                  Whipper                Williams

Total--42

Those who voted in the negative are:

Allison                Anthony                Ballentine
Bannister              Bedingfield            Bingham
Bradley                Brannon                Burns
Chumley                Cole                   Corley
H. A. Crawford         Crosby                 Daning
Delleney               Duckworth              Erickson
Felder                 Finlay                 Fry
Gambrell               Goldfinch              Hamilton
Henderson              Hicks                  Hill
Hiott                  Hixon                  Horne
Huggins                Johnson                Jordan
Limehouse              Loftis                 Long
Lowe                   Lucas                  Merrill
D. C. Moss             V. S. Moss             Murphy
Nanney                 Newton                 Norman
Pitts                  Pope                   Putnam
Quinn                  Riley                  Rivers
Ryhal                  Sandifer               Simrill
G. M. Smith            G. R. Smith            Sottile
Southard               Spires                 Stringer
Tallon                 Taylor                 Thayer


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Wells                  Whitmire               Willis
Yow

Total--67

So, the House refused to table the amendment.

The question then recurred to the adoption of 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 68; Nays 42

Those who voted in the affirmative are:

Allison                Anthony                Ballentine
Bannister              Bedingfield            Bingham
Bradley                Brannon                Burns
Chumley                Cole                   Corley
H. A. Crawford         Crosby                 Daning
Delleney               Duckworth              Erickson
Felder                 Finlay                 Fry
Gambrell               Goldfinch              Hamilton
Henderson              Hicks                  Hill
Hiott                  Hixon                  Horne
Huggins                Johnson                Jordan
Limehouse              Loftis                 Long
Lowe                   Lucas                  Merrill
D. C. Moss             V. S. Moss             Murphy
Nanney                 Newton                 Norman
Pitts                  Pope                   Putnam
Quinn                  Riley                  Rivers
Ryhal                  Sandifer               Simrill
G. M. Smith            G. R. Smith            Sottile
Southard               Spires                 Stringer
Tallon                 Taylor                 Thayer


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Wells                  White                  Whitmire
Willis                 Yow

Total--68

Those who voted in the negative are:

Alexander              Anderson               Bales
Bernstein              Bowers                 G. A. Brown
R. L. Brown            Clary                  Clyburn
Cobb-Hunter            Collins                Dillard
Douglas                Funderburk             George
Gilliard               Govan                  Hart
Henegan                Hodges                 Hosey
Howard                 Jefferson              King
Kirby                  Knight                 McEachern
McKnight               M. S. McLeod           W. J. McLeod
Neal                   Norrell                Ott
Parks                  Ridgeway               Rutherford
J. E. Smith            Stavrinakis            Tinkler
Weeks                  Whipper                Williams

Total--42

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

RECORD FOR VOTING

I was temporarily out of the Chamber on unavoidable business during the vote on H. 3521. If I had been present, I would have voted in favor of the Bill.

Rep. Ralph Shealy Kennedy, Jr.

SPEAKER IN CHAIR

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


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RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4790 (Word version) -- Reps. Jefferson, Cobb-Hunter, Neal, Southard, Crosby, Daning, G. A. Brown, Anderson, Alexander, Allison, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cole, Collins, Corley, H. A. Crawford, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF THE HONORABLE DEWITT WILLIAMS OF BERKELEY COUNTY, TO CELEBRATE HIS LIFE AND ACHIEVEMENTS, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 4756 (Word version) -- Reps. G. R. Smith and Willis: A CONCURRENT RESOLUTION TO CONGRATULATE THE PIEDMONT AMERICAN INDIAN ASSOCIATION/LOWER EASTERN CHEROKEE NATION OF SOUTH CAROLINA ON THE OUTSTANDING HONOR OF BEING RECOGNIZED AS A TRIBE BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.

H. 4749 (Word version) -- Reps. Gagnon and Gambrell: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ROLAND L. WHITE, GENERAL MANAGER OF LITTLE RIVER ELECTRIC COOPERATIVE, UPON THE OCCASION OF HIS RETIREMENT


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AFTER THIRTY-NINE YEARS OF EXEMPLARY SERVICE TO LITTLE RIVER AND OTHER ELECTRIC COOPERATIVES, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

ADJOURNMENT

At 11:45 a.m. the House, in accordance with the motion of Rep. JEFFERSON, adjourned in memory of former Representative and Senator DeWitt Williams, to meet at 10:00 a.m. tomorrow.

***

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