WEDNESDAY, JUNE 19, 2013
Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:30 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 19:14: “Let the words of my mouth and the meditations of my heart be acceptable to you, O Lord, my rock and my redeemer.”
Let us pray. The heavens declare Your glory, O God; let Your words and actions show forth in all we do and say. May these Representatives and staff accept the blessings You so graciously bestow upon them as they wrestle with the responsibilities given to them. Show Your mercy upon them as they work. 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 risk their lives for 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. BOWEN moved that when the House adjourns, it adjourn in memory of former Senator Thomas Edmond Garrison of Anderson, which was agreed to.
REGULATION WITHDRAWN
Document No. 4338
Agency: Manufactured Housing Board
Statutory Authority: 1976 Code Sections 40-1-70 and 40-29-200(B)(1)
Financial Responsibility
Received by Speaker of the House of Representatives February 27, 2013
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration: Permanently Withdrawn
MESSAGE FROM THE SENATE
The following was received:
Columbia, S.C., June 18, 2013
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification.
H. 3360 -- Reps. Owens, Daning, Hiott, Skelton, Simrill, Anthony, Bedingfield, Clemmons, Delleney, Hardwick, Henderson, Hixon, Limehouse, Nanney, Ott, Pope, G.R.Smith, J.E.Smith, Sottile, Stringer, Tallon, Taylor and Bales: A BILL TO AMEND SECTIONS 57-5-10, 57-5-70, AND 57-5-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE STATE HIGHWAY SYSTEM, ADDITIONS TO THE STATE HIGHWAY SECONDARY SYSTEM, AND THE DELETION AND REMOVAL OF ROADS FROM THE STATE HIGHWAY SECONDARY SYSTEM, SO AS TO PROVIDE THAT ALL HIGHWAYS WITHIN THE STATE HIGHWAY SYSTEM SHALL BE CONSTRUCTED TO THE DEPARTMENT OF TRANSPORTATION STANDARDS, TO PROVIDE THE FUNDING SOURCES THAT THE DEPARTMENT USES TO CONSTRUCT AND MAINTAIN THESE HIGHWAYS, TO REVISE THE PROCEDURE AND WHEREBY ENTITIES TO WHICH THE DEPARTMENT MAY TRANSFER ROADS WITHIN THE STATE HIGHWAY SECONDARY SYSTEM; AND TO REVISE THE PROCEDURE WHEREBY THE DEPARTMENT MAY ADD A ROAD FROM THE COUNTY OR MUNICIPAL ROAD TO THE STATE HIGHWAY SYSTEM; AND TO REPEAL SECTION 57-5-90 RELATING TO THE ESTABLISHMENT AND MAINTENANCE OF BELT LINES AND SPURS.
Very respectfully,
President
Received as information.
HOUSE RESOLUTION
The following was introduced:
H. 4319 -- Reps. McEachern, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G.A.Brown, R.L.Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H.A.Crawford, K.R.Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, M.S.McLeod, W.J.McLeod, Merrill, Mitchell, D.C.Moss, V.S.Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G.M.Smith, G.R.Smith, J.E.Smith, J.R.Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO CONGRATULATE THE REVEREND FRED W. COIT OF RIDGEWOOD MISSIONARY BAPTIST CHURCH IN COLUMBIA ON THE OCCASION OF HIS FIFTH ANNIVERSARY OF GOSPEL MINISTRY AT RIDGEWOOD AS ITS SENIOR PASTOR AND TO WISH HIM GOD'S RICHEST BLESSINGS AS HE CONTINUES TO SERVE THE LORD.
The Resolution was adopted.
HOUSE RESOLUTION
The following was introduced:
H. 4320 -- Reps. Wood, Allison, Brannon, Chumley, Cole, Forrester, Mitchell, Tallon, Alexander, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, G.A.Brown, R.L.Brown, Burns, Clemmons, Clyburn, Cobb-Hunter, H.A.Crawford, K.R.Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M.S.McLeod, W.J.McLeod, Merrill, D.C.Moss, V.S.Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G.M.Smith, G.R.Smith, J.E.Smith, J.R.Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams and Willis: A HOUSE RESOLUTION TO CONGRATULATE A. TONY FISHER, DIRECTOR OF PUBLIC SAFETY IN SPARTANBURG, UPON THE OCCASION OF HIS RETIREMENT, TO COMMEND HIM FOR HIS MANY YEARS OF DEDICATED SERVICE, AND TO WISH HIM MUCH HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
HOUSE RESOLUTION
The following was introduced:
H. 4321 -- Reps. Atwater, Alexander, Allison, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G.A.Brown, R.L.Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H.A.Crawford, K.R.Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M.S.McLeod, W.J.McLeod, Merrill, Mitchell, D.C.Moss, V.S.Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G.M.Smith, G.R.Smith, J.E.Smith, J.R.Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO CONGRATULATE GERALD E. HARMON, M.D., OF GEORGETOWN COUNTY, ON HIS RECENT ELECTION TO THE AMERICAN MEDICAL ASSOCIATION BOARD OF TRUSTEES.
The Resolution was adopted.
HOUSE RESOLUTION
The following was introduced:
H. 4322 -- Rep. Anderson: A HOUSE RESOLUTION TO CONGRATULATE REVEREND ROBERT H. FORD, JR., AND FIRST LADY JANIE B. FORD UPON THE OCCASION OF THEIR RETIREMENT FROM THE A.M.E CHURCH.
The Resolution was adopted.
HOUSE RESOLUTION
The following was introduced:
H. 4323 -- Reps. Atwater, Alexander, Allison, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G.A.Brown, R.L.Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H.A.Crawford, K.R.Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M.S.McLeod, W.J.McLeod, Merrill, Mitchell, D.C.Moss, V.S.Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G.M.Smith, G.R.Smith, J.E.Smith, J.R.Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO CONGRATULATE ROBERT AND VICKI MCCLURE OF LEXINGTON ON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY AND TO EXTEND BEST WISHES FOR MANY MORE YEARS OF LOVE AND FULFILLMENT.
The Resolution was adopted.
HOUSE RESOLUTION
The following was introduced:
H. 4324 -- Rep. Neal: A HOUSE RESOLUTION TO CONGRATULATE THE REVEREND JESSE JACKSON ON HIS LIFETIME OF ACCOMPLISHMENTS AND WELCOME HIM TO THE PALMETTO STATE AS A GUEST SPEAKER FOR THE LOWER RICHLAND BRANCH OF THE NAACP.
The Resolution was adopted.
ROLL CALL
The roll call of the House of Representatives was taken resulting as follows:
Alexander / Allison / AndersonAnthony / Bales / Ballentine
Bannister / Barfield / Bedingfield
Bernstein / Bingham / Bowen
Bowers / Branham / Brannon
G.A.Brown / R.L.Brown / Burns
Chumley / Clemmons / Clyburn
Cole / H.A.Crawford / Crosby
Daning / Delleney / Dillard
Edge / Erickson / Felder
Finlay / Forrester / Funderburk
Gagnon / Gambrell / George
Gilliard / Goldfinch / Govan
Hamilton / Hardee / Hardwick
Harrell / Hart / Hayes
Henderson / Herbkersman / Hiott
Hodges / Hosey / Huggins
Jefferson / King / Knight
Limehouse / Loftis / Long
Lowe / Lucas / Mack
McCoy / McEachern / M.S.McLeod
W.J.McLeod / Mitchell / D.C.Moss
V.S.Moss / Munnerlyn / Neal
Newton / Norman / Ott
Owens / Parks / Patrick
Pitts / Pope / Putnam
Ridgeway / Riley / Rivers
Rutherford / Ryhal / Sabb
Sandifer / Simrill / Skelton
G.M.Smith / G.R.Smith / J.R.Smith
Sottile / Southard / Spires
Stavrinakis / Stringer / Tallon
Taylor / Thayer / Toole
Vick / Wells / Whipper
Whitmire / Williams / Willis
Wood
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Wednesday, June 19.
William "Bill" Hixon / Bakari SellersLeon Howard / Ralph Kennedy
Richard "Rick" Quinn / Mandy Powers Norrell
Total Present--112
LEAVE OF ABSENCE
The SPEAKER granted Rep. ROBINSON-SIMPSON a leave of absence for the day due to official legislative business in Washington, D.C.
LEAVE OF ABSENCE
The SPEAKER granted Rep. MERRILL a leave of absence for the day due to official legislative business.
LEAVE OF ABSENCE
The SPEAKER granted Rep. NANNEY a leave of absence for the day due to family medical reasons.
LEAVE OF ABSENCE
The SPEAKER granted Rep. ATWATER a leave of absence for the day due to business reasons.
LEAVE OF ABSENCE
The SPEAKER granted Rep. DOUGLAS a leave of absence for the day due to illness.
LEAVE OF ABSENCE
The SPEAKER granted Rep. MURPHY a leave of absence for the day due to a previously scheduled appointment.
LEAVE OF ABSENCE
The SPEAKER granted Rep. WEEKS a leave of absence for the day due to being out of the country.
LEAVE OF ABSENCE
The SPEAKER granted Rep. WHITE a leave of absence for the day.
LEAVE OF ABSENCE
The SPEAKER granted Rep. KENNEDY a temporary leave of absence.
STATEMENT FOR THE JOURNAL
Rep. Limehouse did not have permission to add my name to the following Bill and Concurrent Resolution, H. 5050 and H. 5168, during the 119th Session. This was done without my knowledge and has just come to my attention.
Rep. Peter McCoy
RECORD FOR VOTING
I was temporarily absent from the Chamber on personal business during the vote to grant free conference powers on the Conference Report on H. 3360. If I had been present, I would have abstained from the vote, due to a lack of needed time.
Rep. Bill Chumley
H. 3774--CONFERENCE REPORT ADOPTED
CONFERENCE REPORT
H. 3774
The General Assembly, Columbia, S.C., June 19, 2013
The COMMITTEE OF CONFERENCE, to whom was referred (Doc. No. H:\LEGWORK\CONFREPORTS\NBD\3774C001.NBD. AC13.DOCX):
H.3774 -- Reps. Loftis, Hardwick, Clemmons, Hamilton, Huggins, J.R.Smith, Goldfinch, Hixon, Ryhal, Sottile and Spires: A JOINT RESOLUTION TO SUSPEND THE RUNNING OF CERTAIN GOVERNMENT APPROVALS AFFECTING THE DEVELOPMENT OF REAL PROPERTY WITHIN THE STATE FOR THE PERIOD BEGINNING JANUARY 1, 2013 AND ENDING DECEMBER 31, 2017; AND TO PROVIDE GOVERNMENTAL ENTITIES ISSUING SUCH APPROVALS SHALL PUBLISH NOTICE IN THE STATE REGISTER LISTING THE TYPES OF THESE APPROVALS IT ISSUES AND NOTING THE SUSPENSION OF THE RUNNING OF THE PERIOD OF THE APPROVAL AND TO PROVIDE AN EXCEPTION FOR UNITS OF LOCAL GOVERNMENT.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer’s Version 6/5/13-S.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION1.This joint resolution may be cited as the “Permit Extension Joint Resolution of 2013”.
SECTION2.As used in this joint resolution:
(1)“Department” means the South Carolina Department of Health and Environmental Control.
(2)“Development” means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure or facility, or any grading, soil removal or relocation, excavation or landfill, or any use or change in the use of any building or other structure or land or extension of the use of land.
(3)“Development approval” means an approval issued by the State, an agency or subdivision of the State, or a unit of local government, regardless of the form of the approval, that is for the development of land or for the provision of water or wastewater services by a governmental entity, including:
(a)an approval of an erosion and sedimentation control plan, land disturbance permit application, or stormwater management plan granted by a local government or by the department;
(b)a water or wastewater permit issued by the department, including authorization for construction and installation of lines and infrastructure extending water and sewer service and authorization to connect to available or proposed lines and infrastructure;
(c)an NPDES permit issued by the department for the construction, operation, and expansion of a publicly owned treatment works;
(d)a 401 water quality certification issued by the department;
(e)an air quality permit issued by the department;
(f)an approval by a county or its authorized boards and commissions of sketch plans, preliminary plats, plats regarding a subdivision of land, a site specific development plan or a phased development plan, or a building permit;
(g)an approval by a city or its authorized boards and commissions of sketch plans, preliminary plats, plats regarding a subdivision of land, a site specific development plan or a phased development plan, or a building permit;
(h)a permit issued by the Office of Coastal Resource Management.
SECTION3.A governmental entity that issued a building permit that has expired and has not been renewed by the governmental entity for one year, shall issue the building permit at no additional cost; however, the building permit must comply with existing rules and regulations in effect at the time the building permit is reissued.
SECTION4.This joint resolution is intended to apply retroactively. For development approval that is current and valid on December 31, 2012, the running of the period of the development approval and any associated vested right is suspended during the period beginning January 1, 2013, and ending December 31, 2016.
SECTION5.This joint resolution may not be construed or implemented to:
(1)extend a permit or approval issued by the United States or its agencies or instrumentalities;
(2)extend a permit or approval for which the term or duration of the permit or approval is specified or determined pursuant to federal law;
(3)shorten the duration that a development approval would have had in the absence of this joint resolution;
(4)prohibit the granting of additional extensions provided by law;
(5)affect an administrative consent order issued by the department in effect or issued at any time from the effective date of this joint resolution to December 31, 2016;
(6)affect the ability of a governmental entity to revoke or modify a development approval pursuant to law;
(7)modify a requirement of law that is necessary to retain federal delegation by the State of the authority to implement a federal law or program; or
(8)affect a Certificate of Need issued pursuant to Article 3, Chapter 7, Title 44 or a Demonstration of Need issued pursuant to Article 2, Chapter 96, Title 44.
SECTION6.Within thirty days after the effective date of this joint resolution, each agency or subdivision of the State to which this joint resolution applies shall submit a notice for publication to the State Register listing the types of development approvals that the agency or subdivision issues and noting the suspension provided in this joint resolution. This section does not apply to units of local government.
SECTION7.The provisions of this joint resolution must be liberally construed to effectuate the purposes of this joint resolution.
SECTION8.This joint resolution takes effect upon approval by the Governor. /
Amend title to read:
/TO SUSPEND THE RUNNING OF CERTAIN GOVERNMENT APPROVALS AFFECTING THE DEVELOPMENT OF REAL PROPERTY WITHIN THE STATE FOR THE PERIOD BEGINNING JANUARY 1, 2013 AND ENDING DECEMBER 31, 2016; AND TO PROVIDE GOVERNMENTAL ENTITIES ISSUING SUCH APPROVALS SHALL PUBLISH NOTICE IN THE STATE REGISTER LISTING THE TYPES OF THESE APPROVALS IT ISSUES AND NOTING THE SUSPENSION OF THE RUNNING OF THE PERIOD OF THE APPROVAL AND TO PROVIDE AN EXCEPTION FOR UNITS OF LOCAL GOVERNMENT. /
Senator C. Bradley HuttoRepresentative Nelson L. Hardwick
Senator Raymond E. Cleary IIIRepresentative Kenneth F. Hodges
Senator Greg HembreeRepresentative Alan D. Clemmons
On Part of the Senate.On Part of the House.
Rep. HARDWICK explained the Conference Report.
The yeas and nays were taken resulting as follows:
Yeas 100; Nays 0
Those who voted in the affirmative are:
Alexander / Allison / AndersonAnthony / Bales / Ballentine
Bannister / Barfield / Bernstein
Bingham / Bowen / Bowers
Branham / Brannon / G.A.Brown
R.L.Brown / Burns / Chumley
Clemmons / Clyburn / Cole
H.A.Crawford / Crosby / Daning
Delleney / Dillard / Edge
Erickson / Felder / Finlay
Forrester / Funderburk / Gagnon
Gambrell / George / Gilliard
Goldfinch / Govan / Hamilton
Hardee / Hardwick / Harrell
Hart / Hayes / Henderson
Hiott / Hodges / Hosey
Huggins / Jefferson / King
Knight / Limehouse / Loftis
Long / Lowe / Mack
McCoy / McEachern / M.S.McLeod
W.J.McLeod / Mitchell / D.C.Moss
V.S.Moss / Munnerlyn / Neal
Newton / Norman / Ott
Owens / Parks / Pitts
Pope / Putnam / Ridgeway
Riley / Rivers / Rutherford
Ryhal / Sandifer / Simrill
Skelton / G.M.Smith / G.R.Smith
J.R.Smith / Sottile / Southard
Spires / Stavrinakis / Stringer
Tallon / Taylor / Thayer
Toole / Vick / Wells
Whitmire / Williams / Willis
Wood
Total--100