South Carolina General Assembly
122nd Session, 2017-2018
Journal of the House of Representatives

NO. 25

JOURNAL

of the

HOUSE OF REPRESENTATIVES

of the

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 10, 2017
________

THURSDAY, FEBRUARY 22, 2018
(STATEWIDE SESSION)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Psalm 77:11: "I will call to mind the deeds of the Lord; I will remember your wonders of the world."

Let us pray. Almighty God, We give You thanks and praise that You have protected us from harm and have given us the spirit to lead. Give these Representatives the wisdom, strength, courage, and integrity as they work to sustain the goodness of the people of South Carolina. Bestow upon our Nation, President, State, Governor, Speaker, staff, and all who labor in these halls, Your blessings and peace. Bless our defenders of freedom and first responders 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. POPE moved that when the House adjourns, it adjourn in memory of Heather Klein Scullion, which was agreed to.

INVITATIONS

On motion of Rep. BALES, with unanimous consent, the following were taken up for immediate consideration and accepted:

February 21, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the South Carolina EMS Association, the Members of the House of Representatives and staff are invited to a Legislative Breakfast. This event will be held on Thursday, March 1, 2018, from 8:00 a.m.-10:00 a.m. in Room 112, Blatt Building.

Sincerely,
Henry Lewis, President Elect
South Carolina EMS Association

February 21, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Bales:
On behalf of Capitol Consulting Strategies, the Members of the House of Representatives and staff are invited to a Legislative Reception. This event will be held on Tuesday, March 6, 2018, from 6:00 p.m.-8:00 p.m. at the Capital City Club.

Sincerely,
Krystel Reid Heath, LMSW
Principal and CEO

February 21, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Bales:
On behalf of the Association of Cosmetology Salon Professionals, the Members of the House of Representatives and staff are invited to a Legislative Breakfast. This event will be held on Wednesday, March 7, 2018, from 8:00 a.m.-10:00 a.m. at Room 112, Blatt Building.

Sincerely,
Sandra Mullins
ACSP President
February 21, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Bales:
On behalf of the Aircraft Owners and Pilots Association and the South Carolina Aviators Association, the Members of the House of Representatives and staff are invited to a Legislative Luncheon. This event will be held on Wednesday, March 7, 2018, from 12:00 p.m.-2:00 p.m. on the State House Grounds.

Sincerely,
Steve Hedges
Manager

February 21, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Bales:
On behalf of South Carolina Poultry Federation, the Members of the House of Representatives and staff are invited to a Legislative Reception. This event will be held on Wednesday, March 7, 2018, from 6:00 p.m.-8:00 p.m. at The Oak Table.

Sincerely,
Connie Smith
President

February 21, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Bales:
On behalf of the South Carolina Insurance Association, the Members of the House of Representatives and staff are invited to a Legislative Reception. This event will be held on Wednesday, March 7, 2018, from 7:00 p.m.-9:00 p.m. at the Capital City Club.

Sincerely,
Russ Dubisky
Executive Director
S.C. Insurance Association

February 21, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Bales:
On behalf of Conservation Voters of South Carolina, the Members of the House of Representatives and staff are invited to a Legislative Reception. This event will be held on Tuesday, March 20, 2018, from 6:00 p.m.-8:00 p.m. at 701 Whaley.

Sincerely,
Rebecca Haynes
Government Relations Director

February 21, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Bales:
On behalf of the Governor's School for the Arts Foundation, the Members of the House of Representatives are invited to a Legislative Reception. This event will be held on Tuesday, March 20, 2018, from 7:00 p.m.-9:00 p.m. at the Capital City Club.

Sincerely,
Tim McClain
Executive Director
February 21, 2018

The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Bales:
On behalf of the South Carolina Association of Municipal Power Systems (S.C.A.M.P.S) and Piedmont Municipal Power Agency (P.M.P.A), the Members of the House of Representatives and staff are invited to a Legislative Breakfast. This event will be held on Wednesday, March 21, 2018, from 8:00 a.m.-10:00 a.m. in Room 112, Blatt Building.

Sincerely,
Eric Budds
Deputy Executive Director
Municipal Association of South Carolina

February 21, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Bales:
On behalf of the South Carolina Human Services Provider Association, the Members of the House of Representatives and staff are invited to a Legislative Luncheon. This event will be held on Wednesday, March 21, 2018, from 12:00 p.m.-2:00 p.m. in Room 112, Blatt Building.

Sincerely,
Gerald Bernard, Ed.D.
Chair, Human Services Provider Association

February 21, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of BlueCross BlueShield of South Carolina, the Members of the House of Representatives and staff are invited to a Legislative Reception and Ballgame. This event will be held on Wednesday, March 21, 2018, from 6:00 p.m.-8:00 p.m. at Spirit Communications Ball Park.

Sincerely,
J a.m.es A. D'Alessio
Vice President
Government Affairs

February 21, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Bales:
On behalf of Leadership South Carolina, the Members of the House of Representatives and staff are invited to a Legislative Breakfast. This event will be held on Thursday, March 22, 2018, from 8:00 a.m.-10:00 a.m. in Room 112, Blatt Building.

Sincerely,
Helen Munnerlyn
Executive Director
Leadership South Carolina

ROLL CALL

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

Alexander              Allison                Anderson
Anthony                Arrington              Atkinson
Atwater                Bales                  Ballentine
Bannister              Bennett                Bernstein
Blackwell              Bowers                 Bradley
Brawley                Brown                  Bryant
Burns                  Caskey                 Chumley
Clary                  Clemmons               Clyburn
Cobb-Hunter            Cogswell               Cole
Crawford               Crosby                 Daning
Davis                  Delleney               Dillard
Douglas                Duckworth              Elliott
Erickson               Felder                 Finlay
Forrest                Forrester              Fry
Funderburk             Gagnon                 Gilliard
Govan                  Hamilton               Hardee
Hart                   Hayes                  Henderson
Henderson-Myers        Herbkersman            Hewitt
Hill                   Hiott                  Hixon
Hosey                  Howard                 Huggins
Jefferson              Johnson                Jordan
King                   Kirby                  Knight
Loftis                 Long                   Lowe
Lucas                  Mace                   Mack
Magnuson               Martin                 McCoy
McCravy                McEachern              McGinnis
McKnight               D. C. Moss             V. S. Moss
Murphy                 B. Newton              W. Newton
Norrell                Ott                    Parks
Pendarvis              Pitts                  Pope
Putnam                 Ridgeway               M. Rivers
S. Rivers              Robinson-Simpson       Rutherford
Sandifer               Simrill                G. M. Smith
G. R. Smith            J. E. Smith            Spires
Stavrinakis            Stringer               Tallon
Taylor                 Thayer                 Thigpen
Toole                  Trantham               Weeks
West                   Wheeler                White
Whitmire               Williams               Willis
Young                  Yow

Total Present--119

STATEMENT OF ATTENDANCE

Reps. SIMRILL, HOWARD and THIGPEN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, February 21.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. Gregory Tarasidis of Greenwood was the Doctor of the Day for the General Assembly.

SPEAKER PRO TEMPORE IN CHAIR

SPECIAL PRESENTATION

Reps. HUGGINS and BALLENTINE presented to the House the Chapin High School Marching Band, band directors, and other school officials.

SPECIAL PRESENTATION

Reps. BALLENTINE and HUGGINS presented to the House the Dutch Fork High School Cheerleading 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-SPONSORS ADDED

Bill Number:   H. 3329 (Word version)
Date:   ADD:
02/22/18   TOOLE, KING and YOW

CO-SPONSOR ADDED

Bill Number:   H. 3565 (Word version)
Date:   ADD:
02/22/18   MCGINNIS

CO-SPONSORS ADDED

Bill Number:   H. 3622 (Word version)
Date:   ADD:
02/22/18   MAGNUSON and LONG

CO-SPONSORS ADDED

Bill Number:   H. 4116 (Word version)
Date:   ADD:
02/22/18   TALLON and COLE

CO-SPONSORS ADDED

Bill Number:   H. 4418 (Word version)
Date:   ADD:
02/22/18   D. C. MOSS, DAVIS, HUGGINS, MCCRAVY, COLE and TALLON

CO-SPONSOR ADDED

Bill Number:   H. 4596 (Word version)
Date:   ADD:
02/22/18   STRINGER

CO-SPONSOR ADDED

Bill Number:   H. 4836 (Word version)
Date:   ADD:
02/22/18   WILLIAMS

CO-SPONSOR ADDED

Bill Number:   H. 4874 (Word version)
Date:   ADD:
02/22/18   CROSBY

CO-SPONSOR ADDED

Bill Number:   H. 4972 (Word version)
Date:   ADD:
02/22/18   WEST

CO-SPONSORS ADDED

Bill Number:   H. 4973 (Word version)
Date:   ADD:
02/22/18   TAYLOR, BROWN, HOSEY, SIMRILL, HIXON, BLACKWELL and YOUNG

CO-SPONSORS ADDED

Bill Number:   H. 4975 (Word version)
Date:   ADD:
02/22/18   DILLARD and MCEACHERN

CO-SPONSORS ADDED

Bill Number:   H. 4972 (Word version)
Date:   ADD:
02/22/18   S. RIVERS and DAVIS

CO-SPONSOR REMOVED

Bill Number:   H. 3622 (Word version)
Date:   REMOVE:
02/22/18   KIRBY

CO-SPONSOR REMOVED

Bill Number:   H. 4949 (Word version)
Date:   REMOVE:
02/22/18   MARTIN

CO-SPONSORS REMOVED

Bill Number:   H. 4957 (Word version)
Date:   REMOVE:
02/22/18   OTT and BALES

SPEAKER IN CHAIR

SENT TO THE SENATE

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

H. 3820 (Word version) -- Reps. Fry, Bedingfield, Henderson, Huggins, Johnson, Hewitt, Crawford, Duckworth, Arrington, Allison, Tallon, Hamilton, Elliott, Jordan, B. Newton, Martin, Erickson, Lowe, Atwater, Willis, Jefferson, W. Newton, Thigpen, Bennett, Crosby, Long, Putnam, Cogswell, Henderson-Myers and Govan: A BILL TO AMEND SECTION 59-32-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SCHOOL COMPREHENSIVE HEALTH EDUCATION PROGRAM, SO AS TO REQUIRE CERTAIN INSTRUCTION IN PRESCRIPTION OPIOID ABUSE PREVENTION IN GRADES NINE THROUGH TWELVE BEGINNING WITH THE 2017-2018 SCHOOL YEAR.

H. 4810 (Word version) -- Reps. Gilliard, Williams, Hosey, Jefferson, Cobb-Hunter, Henegan, Ott, King, Govan, Howard, Pendarvis, Brown, Huggins, Ballentine, Henderson-Myers, W. Newton, McCoy, Hewitt, Stavrinakis, Bannister and Herbkersman: A JOINT RESOLUTION TO CREATE THE "SCHOOL METAL DETECTOR STUDY COMMITTEE" TO STUDY WHETHER IT IS IN THE PUBLIC INTEREST TO REQUIRE THE INSTALLATION AND USE OF METAL DETECTORS AT PUBLIC SCHOOLS IN THIS STATE, TO PROVIDE FOR THE MEMBERSHIP OF THE STUDY COMMITTEE, AND TO REQUIRE THE STUDY COMMITTEE TO PREPARE A REPORT FOR THE GENERAL ASSEMBLY.

H. 4078 (Word version) -- Rep. Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "MILITARY PRIORITY REGISTRATION ACT"; AND BY ADDING SECTION 59-103-37 SO AS TO PROVIDE PRIORITY COURSE ENROLLMENT FOR MILITARY-RELATED STUDENTS, AND TO DEFINE NECESSARY TERMINOLOGY.

H. 4434 (Word version) -- Reps. Clary, Elliott, Cogswell, Collins, Henderson-Myers, Felder, Pope, Taylor, Ott, Thayer, Govan, Cole and King: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 33, TITLE 59 SO AS TO DEFINE NECESSARY TERMS, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO PROVIDE A UNIVERSAL SCREENING TOOL FOR USE BY LOCAL SCHOOL DISTRICTS TO SCREEN STUDENTS IN KINDERGARTEN THROUGH SECOND GRADE FOR CHARACTERISTICS OF DYSLEXIA BEGINNING WITH THE 2019-2020 SCHOOL YEAR; TO PROVIDE SPECIFIC ABILITIES THAT THE SCREENING TOOL MUST MEASURE; TO PROVIDE THAT PARENTS AND OTHER CERTAIN PARTIES MAY REQUEST THIS DYSLEXIA SCREENING FOR A STUDENT; TO REQUIRE LOCAL SCHOOL DISTRICTS TO CONVENE SCHOOL-BASED PROBLEM-SOLVING TEAMS TO ANALYZE SCREENING DATA AND PROGRESS MONITORING DATA TO ASSIST TEACHERS IN PLANNING AND IMPLEMENTING APPROPRIATE INSTRUCTION AND EVIDENCE-BASED INTERVENTIONS FOR ALL STUDENTS; TO REQUIRE DYSLEXIA-SPECIFIC INTERVENTIONS FOR STUDENTS INDICATED BY SCREENINGS TO HAVE CHARACTERISTICS OF DYSLEXIA; TO REQUIRE THE DEPARTMENT TO PROVIDE RELATED PROFESSIONAL DEVELOPMENT RESOURCES FOR EDUCATORS; TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE CERTAIN RELATED REGULATIONS; AND TO CREATE A DYSLEXIA ADVISORY COUNCIL TO ADVISE THE DEPARTMENT IN MATTERS RELATING TO DYSLEXIA.

H. 4836--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4836 (Word version) -- Reps. Ott, Atwater and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 49-11-236 SO AS TO PROVIDE THAT IF A DAM WHICH FAILED OR SUFFERED A BREACH BETWEEN OCTOBER 1, 2015, AND OCTOBER 15, 2015, HAS A PUBLIC ROAD OR HIGHWAY IN THE STATE HIGHWAY SYSTEM RUNNING ACROSS THE TOP OF IT AND HAS NOT BEEN REPAIRED OR IS NOT CURRENTLY UNDER REPAIR, THE DEPARTMENT OF TRANSPORTATION SHALL PROCEED IMMEDIATELY WITH THE PROCESS OF REPAIRING THE PUBLIC ROAD OR HIGHWAY ATOP THE DAM, IF SUITABLE RIGHTS OF WAY OR EASEMENTS AFFORD THE STATE OR THE DEPARTMENT OF TRANSPORTATION THE RIGHT TO DO SO WITHOUT THE NECESSITY OF SAVING OR REPAIRING THE DAM, AND TO PROVIDE THAT IF SUITABLE RIGHTS OF WAY OR EASEMENTS DO NOT EXIST OVER WHICH THE PUBLIC ROAD OR HIGHWAY SHALL BE CONSTRUCTED, THE DEPARTMENT OF TRANSPORTATION SHALL BEGIN THE PROCESS OF ACQUIRING THEM BY ALL AVAILABLE LAWFUL MEANS SO THAT THE PUBLIC ROAD OR HIGHWAY CAN BE PUT BACK INTO SERVICE FOR THE USE OF THE GENERAL PUBLIC AS SOON AS POSSIBLE.

Rep. V. S. MOSS explained the Bill.

Reps. GAGNON, THAYER, WHITE, J. E. SMITH, TOOLE, THIGPEN, WHITMIRE and OTT requested debate on the Bill.

H. 4704--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4704 (Word version) -- Reps. Loftis, Burns, Erickson, Chumley, Yow, Herbkersman, Hiott, Hixon, McCravy and Pitts: A BILL TO AMEND SECTION 48-39-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO UTILIZE CRITICAL AREAS, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE GENERAL PERMITS UNDER CERTAIN CIRCUMSTANCES.

Rep. DILLARD explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 89; Nays 1

Those who voted in the affirmative are:

Arrington              Atkinson               Atwater
Bales                  Ballentine             Bannister
Bennett                Blackwell              Bradley
Brawley                Bryant                 Burns
Caskey                 Clary                  Clyburn
Cobb-Hunter            Cogswell               Crawford
Crosby                 Daning                 Davis
Delleney               Dillard                Douglas
Duckworth              Felder                 Forrest
Forrester              Fry                    Funderburk
Gagnon                 Gilliard               Hamilton
Hardee                 Henderson-Myers        Herbkersman
Hewitt                 Hiott                  Hixon
Hosey                  Huggins                Jefferson
Johnson                Jordan                 King
Kirby                  Loftis                 Long
Lowe                   Lucas                  Mace
Mack                   Magnuson               Martin
McCoy                  McCravy                McEachern
McGinnis               McKnight               D. C. Moss
V. S. Moss             Murphy                 B. Newton
Norrell                Parks                  Pitts
Pope                   Putnam                 S. Rivers
Robinson-Simpson       Simrill                G. M. Smith
G. R. Smith            Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Thigpen                Toole
Trantham               West                   White
Whitmire               Williams               Willis
Young                  Yow

Total--89

Those who voted in the negative are:

Brown

Total--1

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

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on H. 4704. If I had been present, I would have voted in favor of the Bill.

Rep. Alan Clemmons

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on H. 4704. If I had been present, I would have voted in favor of the Bill.

Rep. Beth Bernstein

H. 4704--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. DILLARD, with unanimous consent, it was ordered that H. 4704 (Word version) be read the third time tomorrow.

RECURRENCE TO THE MORNING HOUR

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

H. 4683--DEBATE ADJOURNED

The following Bill was taken up:

H. 4683 (Word version) -- Reps. Hewitt, Fry, Erickson, Clemmons, Duckworth, Yow, Martin, Hardee, Johnson, McGinnis, Crawford, Anderson, Herbkersman, Sottile, Hixon, Taylor, Arrington, D. C. Moss, Atwater, S. Rivers, Mace, Lucas and Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "BEACHFRONT MANAGEMENT REFORM ACT"; TO AMEND SECTION 44-1-60, RELATING TO APPEALS FROM DECISIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL GIVING RISE TO CONTESTED CASES, SO AS TO EXCLUDE DECISIONS TO ESTABLISH BASELINES OR SETBACK LINES FROM THE APPEAL PROCEDURES; TO AMEND SECTION 48-39-10, RELATING TO COASTAL TIDELANDS AND WETLANDS DEFINITIONS, SO AS TO REDEFINE THE TERM "PRIMARY OCEANFRONT SAND DUNE" FOR PURPOSES OF ESTABLISHING A BASELINE AND TO DEFINE THE TERM "STORM SURGE"; AND TO AMEND SECTION 48-39-280, RELATING TO THE STATE'S FORTY-YEAR RETREAT POLICY, SO AS TO REQUIRE THE USE OF HISTORICAL AND SCIENTIFIC DATA THAT ACCOUNTS FOR EFFECTS OF NATURAL PROCESSES WHEN DETERMINING EROSION RATES, TO ESTABLISH THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST ESTABLISH BASELINES AND SETBACK LINES FOR CERTAIN AREAS AND UNDER CERTAIN GUIDELINES, TO PROHIBIT THE USE OF DATA FROM AN AREA IMPACTED BY A STORM SYSTEM OR EVENT NAMED BY THE NATIONAL WEATHER SERVICE FOR TWO YEARS AFTER THE STORM, TO REQUIRE THE DEPARTMENT TO GRANT A REVIEW OF A BASELINE OR SETBACK LINE FOR A LANDOWNER, A MUNICIPALITY, COUNTY, OR ORGANIZATION ACTING ON BEHALF OF A LANDOWNER THAT SUBMITS SUBSTANTIATING EVIDENCE SHOWING AN ADVERSE AFFECT ON HIS PROPERTY AND TO ESTABLISH GUIDELINES FOR REVIEW.

Rep. HIOTT moved to adjourn debate on the Bill until Tuesday, March 6, which was agreed to.

H. 3622--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3622 (Word version) -- Reps. Ryhal, Atkinson, Burns, Duckworth, Gagnon, Henegan, Herbkersman, Hill, Hixon, Johnson, V. S. Moss, Ridgeway, Spires, Taylor, Thayer, Yow, Robinson-Simpson, Magnuson and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-51-210 SO AS TO PROVIDE CERTAIN PODIATRIC SURGERY MUST BE PERFORMED IN CERTAIN FACILITIES, TO PROVIDE A PODIATRIST WHO PERFORMS THESE PROCEDURES MUST MEET CERTAIN CRITERIA, TO PROVIDE FOR THE EXTENSION OF PROFESSIONAL PRIVILEGES TO THESE PODIATRISTS BY CERTAIN HEALTH FACILITIES, TO REQUIRE HEALTH FACILITIES IN THIS STATE PROVIDE THE RIGHT TO PURSUE AND PRACTICE FULL CLINICAL AND SURGICAL PRIVILEGES TO PODIATRISTS WHO MEET CERTAIN CRITERIA, TO PROVIDE AN ABILITY TO LIMIT THESE PRIVILEGES IN CERTAIN CIRCUMSTANCES, TO PROVIDE THIS SECTION DOES NOT REQUIRE A HEALTH FACILITY IN THIS STATE TO OFFER A SPECIFIC HEALTH SERVICE NOT OTHERWISE OFFERED, AND TO PROVIDE THAT IF THE FACILITY DOES OFFER A HEALTH SERVICE, IT MAY NOT DISCRIMINATE AMONG CERTAIN HEALTH PROFESSIONALS AUTHORIZED BY LAW TO PROVIDE THESE SERVICES; AND TO AMEND SECTION 40-51-20, RELATING TO DEFINITIONS, SO AS TO REVISE AND ADD CERTAIN DEFINITIONS.

Reps. HENDERSON, ELLIOTT, BANNISTER, HIOTT, BENNETT, S. RIVERS, KIRBY, CHUMLEY, COLE, STRINGER, V. S. MOSS, MACE, FRY, STAVRINAKIS, MCCOY, COBB-HUNTER and PENDARVIS requested debate on the Bill.

H. 3819--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3819 (Word version) -- Reps. Bedingfield, Fry, Henderson, Huggins, Johnson, Hewitt, Crawford, Duckworth, King, Knight, Arrington, Forrest, Allison, Tallon, Hamilton, Felder, Elliott, Jordan, B. Newton, Martin, McCravy, Wheeler, Erickson, West, Lowe, Ryhal, Atwater, Willis, Jefferson, W. Newton, Thigpen, Bennett, Crosby, Long, Putnam, Cogswell, Forrester and Henderson-Myers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-362 SO AS TO ESTABLISH REQUIREMENTS RELATED TO PRESCRIBING OPIOID ANALGESICS TO MINORS.

The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 to H. 3819 (COUNCIL\VR\ 3819C001.NBD.VR18), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 44-53-362(C) and (D) and inserting:
/   (C)(1)   The requirements set forth in subsection (A) do not apply if the minor's treatment with an opioid analgesic:

(a)   is associated with or incident to a medical emergency;

(b)   is associated with or incident to surgery, regardless of whether the surgery is performed on an inpatient or outpatient basis;

(c)   is associated with pain management treatment for cancer or hematological disorders including, but not limited to, sickle cell disease;

(d)   is associated with the treatment of neonatal abstinence syndrome;

(e)   is limited to liquid antitussive medication;

(f)     in the prescriber's professional judgment, fulfilling the requirements of subsection (A) would be a detriment to the minor's health or safety;

(g)   except as provided in subsection (D), the treatment is rendered in a hospital, emergency facility, ambulatory surgical facility, nursing home, pediatric respite care program, residential care facility, freestanding rehabilitation facility, or similar institutional facility;

(h)   is ordered by a practitioner issuing a prescription for a Schedule II controlled substance to treat a hospice-certified patient;

(i)   is ordered by a practitioner issuing a prescription for a Schedule II controlled substance that does not exceed a five-day supply for a patient; or

(j)   is ordered by a practitioner prescribing a Schedule II controlled substance for a patient with whom the practitioner has an established relationship for the treatment of a chronic condition; however, the practitioner must review the patient's controlled substance history maintained in the prescription drug monitoring program at least every three months.

(2)   The requirements of subsection (A) do not apply to a prescription for an opioid analgesic that a prescriber issues to a minor at the time of discharge from a facility or other location described in subsection (C)(1)(g).

(D)   The exemption provided pursuant to subsection (C)(1)(g) does not apply to treatment rendered in a prescriber's office that is located on the premises of or adjacent to a facility or other location described in that subsection.     /
Renumber sections to conform.
Amend title to conform.

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

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 107; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Arrington
Atkinson               Atwater                Bales
Ballentine             Bannister              Bennett
Blackwell              Bowers                 Bradley
Brawley                Brown                  Bryant
Burns                  Caskey                 Chumley
Clary                  Clyburn                Cobb-Hunter
Cogswell               Cole                   Crawford
Crosby                 Daning                 Davis
Delleney               Dillard                Douglas
Duckworth              Elliott                Erickson
Felder                 Finlay                 Forrest
Fry                    Funderburk             Gagnon
Gilliard               Hamilton               Hardee
Hayes                  Henderson              Henderson-Myers
Herbkersman            Hill                   Hixon
Hosey                  Howard                 Huggins
Jefferson              Johnson                Jordan
King                   Kirby                  Knight
Loftis                 Long                   Lowe
Lucas                  Mace                   Mack
Magnuson               Martin                 McCoy
McCravy                McEachern              McGinnis
McKnight               D. C. Moss             V. S. Moss
Murphy                 B. Newton              W. Newton
Norrell                Ott                    Parks
Pendarvis              Pitts                  Pope
Putnam                 Ridgeway               S. Rivers
Robinson-Simpson       Rutherford             Simrill
G. M. Smith            G. R. Smith            J. E. Smith
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Thigpen                Toole                  Trantham
West                   Wheeler                White
Whitmire               Williams               Willis
Young                  Yow

Total--107

Those who voted in the negative are:

Total--0

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 constituent business during the vote on H. 3819. If I had been present, I would have voted in favor of the Bill.

Rep. Alan Clemmons

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on H. 3819. If I had been present, I would have voted in favor of the Bill.

Rep. Beth Bernstein

H. 3819--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. RIDGEWAY, with unanimous consent, it was ordered that H. 3819 (Word version) be read the third time tomorrow.

H. 4492--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4492 (Word version) -- Reps. Spires and Jefferson: A BILL TO AMEND SECTION 44-53-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESCRIPTIONS, SO AS TO CHANGE DOSAGE LIMITATIONS FOR CERTAIN PRESCRIBED CONTROLLED SUBSTANCES.

The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 to H. 4492 (COUNCIL\VR\ 4492C001.NBD.VR18), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/   SECTION   1.   Section 44-53-360(e) of the 1976 Code is amended to read:

"(e)   Prescriptions for controlled substances in Schedule II with the exception of transdermal patches, must not exceed one hundred twenty tablets or capsules, or four hundred eighty milliliters of an opiate containing liquid to be dispensed for a thirty-one day supply. Prescriptions for Schedule II substances must be dispensed within ninety days of the date of issue, after which time they are void. Prescriptions for controlled substances in Schedules III through V, inclusive, must not exceed a ninety-day supply."     /
Renumber sections to conform.
Amend title to conform.

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

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 101; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Arrington
Atkinson               Atwater                Bales
Ballentine             Bannister              Bennett
Bernstein              Blackwell              Bowers
Bradley                Brawley                Burns
Caskey                 Chumley                Clary
Clemmons               Clyburn                Cobb-Hunter
Cogswell               Cole                   Crawford
Crosby                 Daning                 Davis
Delleney               Dillard                Douglas
Duckworth              Elliott                Erickson
Forrest                Fry                    Funderburk
Gagnon                 Gilliard               Hamilton
Hardee                 Hayes                  Henderson
Henderson-Myers        Herbkersman            Hill
Hixon                  Hosey                  Howard
Huggins                Jefferson              Johnson
Jordan                 King                   Kirby
Knight                 Loftis                 Long
Lowe                   Lucas                  Mace
Mack                   Magnuson               Martin
McCoy                  McCravy                McEachern
McGinnis               McKnight               D. C. Moss
V. S. Moss             Murphy                 B. Newton
Norrell                Ott                    Parks
Pendarvis              Pitts                  Pope
Putnam                 Ridgeway               Robinson-Simpson
Sandifer               Simrill                G. M. Smith
J. E. Smith            Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thigpen                Toole                  Trantham
West                   Wheeler                White
Whitmire               Williams               Willis
Young                  Yow

Total--101

Those who voted in the negative are:

Total--0

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 constituent business during the vote on H. 4492. If I had been present, I would have voted in favor of the Bill.

Rep. Wm. Weston Newton

H. 4492--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. RIDGEWAY, with unanimous consent, it was ordered that H. 4492 (Word version) be read the third time tomorrow.

H. 3739--REQUESTS FOR DEBATE

The following Bill was taken up:

The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 3739 (Word version) (COUNCIL\CM\3739C002. DKA.CM18):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Article 5, Chapter 5, Title 57 of the 1976 Code is amended by adding:

"Section 57-5-880.   (A)   For the purposes of this section:

(1)   'Betterment' means any upgrade to a facility being relocated that is made solely for the benefit of the public water system and is not attributable to the improvement, construction, reconstruction, or alteration of roads, streets, or highways undertaken by the transportation improvement project.

(2)   'Costs related to relocating water and sewer lines' means the amount attributable to the relocation, less the amount of any betterment made to the system. Costs related to relocating water and sewer lines include, but are not limited to, right-of-way acquisition to accommodate the relocated utility when in the best interests of the transportation improvement project, design, engineering, permitting, removal, installation, inspection, materials, and labor costs.

(3)(a)   'Large public water utility' means a public water utility that does not meet the definition of a small public water utility.

(b)   'Large public sewer utility' means a public sewer utility that does not meet the definition of a small public sewer utility.

(4)   'Public highway system' means:

(a)   the state highway system as defined in Section 57-5-10;

(b)   roads, streets, and highways under the jurisdiction of a county or municipality; and

(c)   bridges, tunnels, overpasses, underpasses, interchanges, and other similar facilities located throughout the State.

(5)   'Public water system' has the same meaning as in Section 44-55-20(13).

(6)   'Public sewer system' means a sewer system that provides sewer services to the public that is publicly owned or owned by a private, not for profit entity.

(7)   'Relocating' or 'relocated' means the adjustment necessitated by a transportation improvement project of a public water system or public sewer system facility by removing and reinstalling the facility; a move, rearrangement, or change of the type of existing facilities; necessary safety and protective measures; and the construction of a replacement facility that is both functionally equivalent to, but not including any betterment of, the existing facility and necessary for continuous operation of the system's service.

(8)(a)   'Small public water utility' means a public water utility that has ten thousand or fewer water taps and serves a population of thirty thousand or less.

(b)   'Small public sewer utility' means a public sewer utility that has ten thousand or fewer sewer connections and serves a population of thirty thousand or less.

(9)   'Transportation improvement project' or 'project' means a permanent improvement, construction, reconstruction, or alteration to the public highway system undertaken by a state or local government entity, or a political subdivision, but does not include a repair made necessary by a public water or sewer facility.

(B)(1)   An entity undertaking a transportation improvement project must bear the costs, according to the schedule prescribed in subsections (C) and (D), related to relocating water and sewer lines:

(a)   that are maintained and operated by a public water system or a public sewer system and are located within the rights-of-way for a transportation improvement project; and

(b)   that must be relocated to undertake the project.

(2)   To be eligible for payment of the relocation costs, the relocation must be placed under the control of the general contractor for the transportation improvement project, unless the public water or public sewer system opts out of placing the relocation under the control of the general contractor according to subsection (F).

(3)   To be eligible for payment of the relocation, the public water or public sewer utility must meet the bidding and construction schedule established by the entity undertaking the transportation improvement project, such as design conferences and submittal of all relocation drawings and bid documents. Failure to meet the schedule requirements shall result in the utility having to bear all relocation costs, except when the delay is due to an act of God.

(C)   For a small public water utility or a small public sewer utility, the transportation improvement project shall bear all of the relocation costs, including design costs. In determining whether a public utility offering water or sewer services qualifies as a 'small' utility, the number of water taps and sewer connections shall be counted separately and shall not be combined.

(D)   Subject to subsection (E) below, for a large public water utility or a large public sewer utility, the transportation improvement project shall bear all of the relocation costs, including design costs, up to four percent of the original construction bid amount of the transportation improvement project. Should more than one large public water utility or large public sewer utility be required to relocate by a single transportation improvement project, the total cost share of up to four percent under this section shall be divided pro rata among the large public water or public sewer utilities required to relocated under the project.

(E)   For a transportation improvement project that impacts both a large public utility and a small public utility, the entity undertaking the transportation improvement must pay all of the small public utility's relocation costs, without limitation. The entity must also pay up to four and one-half percent, minus the costs of the small public utility's relocation costs, of the original construction bid amount of the transportation improvement project toward the large public entity's relocation costs. Illustration: for a $1 million transportation project where a small water utility faces $22,000 in relocation costs and a large sewer utility faces $50,000 in relocation costs, the small utility would receive its full $22,000 in relocation costs and the large utility would receive 4.5% of the project costs ($45,000) less the small utility reimbursement costs ($22,000) = $23,000 toward its relocation costs.

(F)   A large public water utility or a large public sewer utility may choose not to have the relocation placed under the control of the general contractor, provided that a memorandum of agreement outlining meeting requirements and other milestones that the public utility must meet is agreed upon by the entity undertaking the transportation improvement project, the general contractor, and the public utility. A decision by the large public water utility or large public sewer utility to not have the relocations placed under the control of the general contractor must be communicated in writing to the entity undertaking the transportation improvement project prior to the initiation of preliminary engineering for the project. Failure to meet the memorandum of agreement requirements and schedule shall result in the utility having to bear all relocation costs.

(G)   Nothing herein shall prohibit or limit the payment by the transportation improvement project for the relocation of public water or public sewer lines necessary for the transportation improvement project when the public utility has a prior right to situate the water or sewer lines in their present location."
SECTION   2.   This act shall apply to all transportation improvement projects that have not had funds authorized for preliminary engineering by the effective date of this act.
SECTION   3.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. WEST explained the amendment.

Reps. WHITE, G. M. SMITH, B. NEWTON, FINLAY, FRY, CLEMMONS, THAYER, CASKEY, ERICKSON, M. RIVERS, DAVIS, KIRBY, HOSEY, COGSWELL, CROSBY, KNIGHT, HEWITT, DOUGLAS, MCEACHERN and G. R. SMITH requested debate on the Bill.

H. 4116--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4116 (Word version) -- Reps. Ridgeway, Douglas, Spires, G. M. Smith, Clemmons, Tallon and Cole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-38 SO AS TO PROVIDE THAT NO PROVISION OF THE MEDICAL PRACTICE ACT MAY BE CONSTRUED TO REQUIRE A PHYSICIAN TO SECURE A MAINTENANCE OF CERTIFICATION AS A CONDITION OF LICENSURE, REIMBURSEMENT, EMPLOYMENT, OR ADMITTING PRIVILEGES AT A HOSPITAL IN THIS STATE; AND TO DEFINE A NECESSARY TERM.

Rep. PARKS explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 99; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Arrington
Bales                  Ballentine             Bannister
Bennett                Bernstein              Blackwell
Bowers                 Brawley                Bryant
Burns                  Clary                  Clemmons
Clyburn                Cobb-Hunter            Cogswell
Cole                   Crawford               Crosby
Daning                 Davis                  Dillard
Douglas                Duckworth              Elliott
Erickson               Felder                 Finlay
Forrester              Fry                    Funderburk
Gagnon                 Gilliard               Hamilton
Hardee                 Hayes                  Henderson
Henderson-Myers        Herbkersman            Hewitt
Hixon                  Hosey                  Howard
Huggins                Jefferson              Johnson
Jordan                 King                   Kirby
Knight                 Loftis                 Long
Lowe                   Mace                   Magnuson
Martin                 McCoy                  McCravy
McEachern              McGinnis               McKnight
D. C. Moss             V. S. Moss             Murphy
B. Newton              W. Newton              Norrell
Ott                    Parks                  Pendarvis
Pitts                  Pope                   Putnam
Ridgeway               S. Rivers              Robinson-Simpson
Sandifer               Simrill                G. M. Smith
G. R. Smith            J. E. Smith            Spires
Stavrinakis            Stringer               Tallon
Taylor                 Thayer                 Thigpen
Toole                  Trantham               Wheeler
White                  Whitmire               Williams
Willis                 Young                  Yow

Total--99

Those who voted in the negative are:

Total--0

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

H. 4116--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. PARKS, with unanimous consent, it was ordered that H. 4116 (Word version) be read the third time tomorrow.

H. 4488--POINT OF ORDER

The following Bill was taken up:

H. 4488 (Word version) -- Reps. Henderson, Fry, Hewitt, West, Spires, Atwater, Erickson, Norrell, Weeks, Douglas, Dillard, Ridgeway and Huggins: A BILL TO AMEND SECTION 44-53-1650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING IN PART TO PERSONS AUTHORIZED TO HAVE ACCESS TO DATA MAINTAINED IN THE PRESCRIPTION MONITORING PROGRAM, SO AS TO AUTHORIZE CORONERS, DEPUTY CORONERS, MEDICAL EXAMINERS, AND DEPUTY MEDICAL EXAMINERS IN CERTAIN CIRCUMSTANCES.

POINT OF ORDER

Rep. HOWARD 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. 4529--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4529 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 40-33-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE NURSE PRACTICE ACT, SO AS TO PROVIDE CERTAIN BOARD OF NURSING LICENSEES MAY PERFORM DELEGATED MEDICAL ACTS BY MEANS OF TELEMEDICINE AND TO DEFINE "TELEMEDICINE"; TO AMEND SECTION 40-33-34, RELATING TO THE PERFORMANCE OF DELEGATED MEDICAL ACTS BY CERTAIN BOARD OF NURSING LICENSEES, SO AS TO PROVIDE REQUIREMENTS CONCERNING THE PRACTICE OF TELEMEDICINE BY ADVANCED PRACTICE REGISTERED NURSES; TO AMEND SECTION 40-47-20, AS AMENDED, RELATING TO DEFINITIONS IN THE PRACTICE ACT FOR PHYSICIANS AND CERTAIN OTHER MEDICAL PROFESSIONALS, SO AS TO PROVIDE CERTAIN DELEGATED MEDICAL ACTS MAY BE PERFORMED BY MEANS OF TELEMEDICINE; TO AMEND SECTION 40-47-935, RELATING TO ACTS PHYSICIAN ASSISTANTS MAY PERFORM, SO AS TO INCLUDE TELEMEDICINE; AND TO AMEND SECTION 40-47-955, AS AMENDED, RELATING TO THE SCOPE OF PRACTICE GUIDELINES FOR PHYSICIAN ASSISTANTS, SO AS TO INCLUDE TELEMEDICINE.

Rep. PARKS explained the Bill.

Rep. G. M. SMITH spoke in favor of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 104; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Arrington
Atkinson               Atwater                Bales
Ballentine             Bannister              Bennett
Bernstein              Blackwell              Bowers
Brawley                Bryant                 Burns
Caskey                 Chumley                Clary
Clemmons               Clyburn                Cobb-Hunter
Cogswell               Cole                   Crawford
Crosby                 Daning                 Davis
Delleney               Dillard                Douglas
Duckworth              Elliott                Erickson
Felder                 Finlay                 Forrest
Forrester              Fry                    Funderburk
Gagnon                 Gilliard               Hamilton
Hardee                 Hayes                  Henderson
Henderson-Myers        Herbkersman            Hewitt
Hill                   Hiott                  Hixon
Hosey                  Howard                 Huggins
Jefferson              Johnson                Jordan
King                   Kirby                  Knight
Loftis                 Long                   Lucas
Mace                   Mack                   Magnuson
Martin                 McCoy                  McCravy
McEachern              McGinnis               McKnight
D. C. Moss             V. S. Moss             Murphy
B. Newton              W. Newton              Norrell
Ott                    Parks                  Pendarvis
Pitts                  Pope                   Putnam
Ridgeway               S. Rivers              Robinson-Simpson
Sandifer               Simrill                G. M. Smith
Spires                 Stavrinakis            Taylor
Thayer                 Thigpen                Toole
Trantham               Wheeler                White
Whitmire               Williams               Willis
Young                  Yow

Total--104

Those who voted in the negative are:

Total--0

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

H. 4529--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. PARKS, with unanimous consent, it was ordered that H. 4529 (Word version) be read the third time tomorrow.

H. 3329--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3329 (Word version) -- Reps. Fry, Clemmons, Crawford, Duckworth, Atwater, Cobb-Hunter, Elliott, B. Newton, Daning, Henegan, Toole, King and Yow: A BILL TO AMEND SECTION 16-3-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE ARTICLE ON TRAFFICKING IN PERSONS, SO AS TO DELETE THE DEFINITION OF "TRAFFICKING IN PERSONS"; AND TO AMEND SECTION 16-3-2020, AS AMENDED, RELATING TO THE OFFENSE OF TRAFFICKING IN PERSONS, PENALTIES, AND DEFENSES, SO AS TO RESTRUCTURE THE OFFENSE AND PROVIDE A PENALTY WHEN THE VICTIM IS A MINOR UNDER THE AGE OF EIGHTEEN AND TO FURTHER ENSURE THE PROTECTION OF MINOR VICTIMS.

The Committee on Judiciary proposed the following Amendment No. 1 to H. 3329 (COUNCIL\AHB\3329C001.BH.AHB18), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting language and inserting:
/   SECTION   1.   Section 16-3-2010 of the 1976 Code, as last amended by Act 7 of 2015, is further amended to read:

"Section 16-3-2010.   As used in this article:

(1)   'Business' means a corporation, partnership, proprietorship, firm, enterprise, franchise, organization, or self-employed individual.

(2)   'Charitable organization' means a charitable organization pursuant to Section 33-56-20.

(3)   'Debt bondage' means the status or condition of a debtor arising from a pledge by the debtor of his personal services or those of a person under his control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined or if the principal amount of the debt does not reasonably reflect the value of the items or services for which the debt was incurred.

(4)   'Forced labor' means any type of labor or services performed or provided by a person rendered through another person's coercion of the person providing the labor or services.

This definition does not include labor or services performed or provided by a person in the custody of the Department of Corrections or a local jail, detention center, or correctional facility.

(5)   'Involuntary servitude' means a condition of servitude induced through coercion.

(6)   'Person' means an individual, corporation, partnership, charitable organization, or another legal entity.

(7)   'Sex trafficking' means the recruitment, harboring, transportation, provision, or obtaining of a person for one of the following when it is induced by force, fraud, or coercion or the person performing the act is under the age of eighteen years and anything of value is given, promised to, or received, directly or indirectly, by another any person:

(a)   criminal sexual conduct pursuant to Section 16-3-651;

(b)   criminal sexual conduct in the first degree pursuant to Section 16-3-652;

(c)   criminal sexual conduct in the second degree pursuant to Section 16-3-653;

(d)   criminal sexual conduct in the third degree pursuant to Section 16-3-654;

(e)   criminal sexual conduct with a minor pursuant to Section 16-3-655;

(f)   engaging a child for sexual performance pursuant to Section 16-3-810;

(g)   producing, directing, or promoting sexual performance by a child pursuant to Section 16-3-820;

(h)   sexual battery pursuant to Section 16-3-651;

(i)   sexual conduct pursuant to Section 16-3-800; or

(j)   sexual performance pursuant to Section 16-3-800.

(8)   'Services' means an act committed at the behest of, under the supervision of, or for the benefit of another person.

(9)   'Trafficking in persons' means when a victim is subjected to or a person attempts to subject a victim to sex trafficking, forced labor or services, involuntary servitude, or debt bondage by employing one of the following:

(a)   physically restraining or threatening to physically restrain another person;

(b)   knowingly destroying, concealing, removing, confiscating, or possessing an actual or purported passport or other immigration document, or another actual or purported government identification document, of the victim;

(c)   extortion or blackmail;

(d)   causing or threatening to cause financial harm to the victim;

(e)   facilitating or controlling a victim's access to a controlled substance; or

(f)   coercion.

(10)   'Victim of trafficking in persons' or 'victim' means a person who has been subjected to the crime of trafficking in persons."
SECTION   2.   Section 16-3-2020 of the 1976 Code, as last amended by Act 74 of 2015, is further amended to read:

"Section 16-3-2020.   (A)   A person who recruits, entices, solicits, isolates, harbors, transports, provides, or obtains, or so attempts, a victim, knowing that the victim will be subjected to, or for the purposes of, sex trafficking, forced labor or services, involuntary servitude or debt bondage through any means or who benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in this subsection, is guilty of trafficking in persons.

(B)   A person who recruits, entices, solicits, isolates, harbors, transports, provides, or obtains, or so attempts, a victim, for the purposes of sex trafficking, forced labor or services, involuntary servitude or debt bondage through any means or who benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in subsection (A), is guilty of trafficking in persons.

(C)   For a first offense, the person is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years.

(D)(C)   For a second offense, the person is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years.

(E)(D)   For a third or subsequent offense, the person is guilty of a felony, and, upon conviction, must be imprisoned not more than forty-five years.

(F)(E)   If the victim of an offense contained in this section is under the age of eighteen, an additional term of fifteen years may be imposed in addition and must be consecutive to the penalty prescribed for a violation of this section the person is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years. And, for a second or subsequent offense, if the victim is under the age of eighteen, the person is guilty of a felony and, upon conviction, must be imprisoned not more than forty-five years.

(G)(F)   A person who aids, abets, or conspires with another person to violate the criminal provisions of this section must be punished in the same manner as provided for the principal offender and is considered a trafficker. A person is considered a trafficker if he knowingly gives, agrees to give, or offers to give anything of value so that any person may engage in commercial sexual activity with another person when he knows that the other person is a victim of trafficking in persons.

(H)(G)   A business owner who uses his business in a way that participates in a violation of this article, upon conviction, must be imprisoned for not more than ten years in addition to the penalties provided in this section for each violation.

(I)(H)   A plea of guilty or the legal equivalent entered pursuant to a provision of this article by an offender entitles the victim of trafficking in persons to all benefits, rights, and compensation granted pursuant to Section 16-3-1110.

(J)(I)   In a prosecution of a person who is a victim of trafficking in persons, it is an affirmative defense that he was under duress or coerced into committing the offenses for which he is subject to prosecution, if the offenses were committed as a direct result of, or incidental or related to, trafficking. A victim of trafficking in persons convicted of a violation of this article or prostitution may motion the court to vacate the conviction and expunge the record of the conviction. The court may grant the motion on a finding that the person's participation in the offense was a direct result of being a victim. A victim of trafficking in persons is not subject to prosecution pursuant to this article or prostitution, if the victim was a minor at the time of the offense and committed the offense as a direct result of, or incidental or related to, trafficking.

(J)   If the victim was a minor at the time of the offense, the victim of trafficking in persons may not be prosecuted in court pursuant to this article or a prostitution offense, if it is determined after investigation that the victim committed the offense as a direct result of, or incidental or related to, trafficking.

(K)   The human trafficking specialized service providers must be certified by the Attorney General through criteria established by the Human Trafficking Task Force. The Attorney General, through the task force, must also establish necessary criteria for Human Trafficking Acute Crisis Care and Resource Centers to be established in the communities of South Carolina. Once the service providers are certified and the assessment centers are open, the information must be disseminated to the family court bench and bar as well as law enforcement to be utilized in carrying out the mandates of this statute. The court must determine the most appropriate way to provide specialized services to the juveniles to address the concerns relating to human trafficking.

(K)(L)   Evidence of the following facts or conditions do not constitute a defense in a prosecution for a violation of this article, nor does the evidence preclude a finding of a violation:

(1)   the victim's sexual history or history of commercial sexual activity, the specific instances of the victim's sexual conduct, opinion evidence of the victim's sexual conduct, and reputation evidence of the victim's sexual conduct;

(2)   the victim's connection by blood or marriage to a defendant in the case or to anyone involved in the victim's trafficking;

(3)   the implied or express consent of a victim to acts which violate the provisions of this section do not constitute a defense to violations of this section;

(4)   age of consent to sex, legal age of marriage, or other discretionary age; and

(5)   mistake as to the victim's age, even if the mistake is reasonable.

(L)(M)   A person who violates the provisions of this section may be prosecuted by the State Grand Jury, pursuant to Section 14-7-1600, when a victim is trafficked in more than one county or a trafficker commits the offense of trafficking in persons in more than one county."
SECTION   3.   The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION   4.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 103; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Arrington
Atwater                Bales                  Ballentine
Bannister              Bennett                Bernstein
Blackwell              Bowers                 Bradley
Brawley                Bryant                 Burns
Caskey                 Chumley                Clary
Clemmons               Clyburn                Cobb-Hunter
Cogswell               Cole                   Crawford
Crosby                 Daning                 Davis
Delleney               Dillard                Douglas
Duckworth              Elliott                Erickson
Felder                 Finlay                 Forrest
Forrester              Fry                    Funderburk
Gagnon                 Gilliard               Hamilton
Hardee                 Hayes                  Henderson
Henderson-Myers        Herbkersman            Hewitt
Hill                   Hiott                  Hosey
Howard                 Huggins                Jefferson
Johnson                Jordan                 King
Kirby                  Knight                 Loftis
Long                   Lowe                   Lucas
Mace                   Magnuson               Martin
McCoy                  McCravy                McEachern
McGinnis               McKnight               D. C. Moss
V. S. Moss             Murphy                 B. Newton
W. Newton              Norrell                Ott
Parks                  Pitts                  Pope
Putnam                 S. Rivers              Robinson-Simpson
Simrill                G. M. Smith            G. R. Smith
J. E. Smith            Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Thigpen                Toole
Trantham               Wheeler                White
Whitmire               Williams               Willis
Yow

Total--103

Those who voted in the negative are:

Total--0

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

H. 3329--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. FRY, with unanimous consent, it was ordered that H. 3329 (Word version) be read the third time tomorrow.

RECURRENCE TO THE MORNING HOUR

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

H. 3337--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3337 (Word version) -- Reps. Ballentine, Funderburk, Bernstein and J. E. Smith: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SCHEDULE OF CERTAIN FILING AND RECORDING FEES, SO AS TO REVISE THE FILING AND RECORDING FEES WHICH MAY BE CHARGED, INCLUDING A FLAT FEE OF THIRTY-FIVE DOLLARS FOR CERTAIN DOCUMENTS FILED OR RECORDED WITH THE OFFICES OF THE REGISTER OF DEEDS OR CLERK OF COURT, AND A FLAT FEE OF TEN DOLLARS FOR CERTAIN OTHER DOCUMENTS FILED OR RECORDED WITH THESE OFFICES, AND TO PROVIDE EXCEPTIONS.

The Committee on Judiciary proposed the following Amendment No. 1 to H. 3337 (COUNCIL\SD\3337C001.NL.SD18), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Section 8-21-310 of the 1976 Code, as last amended by Act 269 of 2012, is further amended to read:

"Section 8-21-310.   Except as otherwise expressly provided, the following fees and costs must be collected on a uniform basis in each county by clerks of court and registers of deeds or county treasurers as may be determined by the governing body of the county:

(1)   for recording a deed to or a mortgage on real estate, ten dollars; and an additional one dollar a page for any deed or mortgage containing more than four pages; for entry of a deed or mortgage that covers both real estate and personal property in the indexes for both real and personal property conveyances or mortgages, one dollar additional;

(2)   for recording a chattel mortgage, conditional sale contract, lease or contract of sale of personal property, and any other document required to be recorded under the Uniform Commercial Code (Title 36), the fees provided in Title 36;

(3)   for recording an instrument which assigns, transfers, or affects a single real estate mortgage or other instrument affecting title to real property or lien for the payment of money, unless it is part of the original instrument when initially filed, six dollars; and if the instrument assigns, transfers, or affects more than one real estate mortgage, instrument, or lien, six dollars for each mortgage, instrument, or lien assigned, transferred, or affected and referred to in the instrument and an additional one dollar for each page for any instrument exceeding one page;

(4)   for recording any lease, contract of sale, trust indenture, or other document affecting title or possession of real property not otherwise provided for in this section, ten dollars, and an additional one dollar a page for a document containing more than four pages;

(5)   for recording satisfaction on the record of a mortgage of real estate or a chattel mortgage or other recorded lien, and certifying the entry on the original or a copy, five dollars;

(6)   for recording separate probates, affidavits, or certificates which are not part of or attached to another document to be recorded, ten dollars;

(7)   for recording a plat larger than eight and one-half by fourteen inches, ten dollars; for plats of "legal size" dimensions, or smaller, five dollars;

(8)   for recording decree of foreclosure or partition of real property in mortgage book or deed book, the same fee as for recording deed or mortgage of real estate;

(9)   for recording any other paper affecting title or possession of real estate or personal property and required by law to be recorded, except judicial records, ten dollars, and an additional one dollar a page for a document containing more than four pages;

(10)   for filing power of attorney, trustee qualification, or other appointment, fifteen dollars, and an additional one dollar a page for a document containing more than four pages. However, upon presentation of a copy of deployment orders to a combat zone by or on behalf of a member of the Armed Forces of the United States, the filing fee for a power of attorney for the person deployed is waived. In addition, the filing fee for a revocation of power of attorney filed by or on behalf of a member of the armed forces of the United States is waived if the revocation is filed: (i) within three years from the date of filing the power of attorney; and (ii) a copy of the deployment orders to a combat zone is presented. For purposes of this item, "combat zone" has the meaning provided in Internal Revenue Service Publication 3 and includes service in a qualified hazardous duty area;

(11)(a)   For filing first complaint or petition, including application for a remedial and prerogative writ and bond on attachment or other bond, in a civil action or proceeding, in a court of record, one hundred dollars. There is no further fee for filing an amended or supplemental complaint or petition nor for filing any other paper in the same action or proceeding. An original application for post conviction relief may be filed without fee upon permission of the court to which the application is addressed. There is no further fee for entering and filing a verdict, judgment, final decree, or order of dismissal, and enrolling a judgment thereon, for signing, sealing, and issuance of execution, or for entering satisfaction or partial satisfaction on a judgment:

(b)   for filing, recording, and indexing lis pendens when not accompanied by summons and complaint, ten dollars;

(c)   for receiving and enrolling transcripts of judgment from magistrate's courts and federal district courts, ten dollars;

(d)   for filing and enrolling a judgment by confession, ten dollars;

(12)   no fee may be charged to a defendant or respondent for filing an answer, return, or other papers in any civil action or proceeding, in a court of record;

(13)   for taking and filing an order for bail with or without bond, one dollar; with bond when surety must be justified, ten dollars;

(14)   for taking and filing bond or security costs, one dollar; with bond when surety must be justified, ten dollars;

(15)   for filing or recording any commission of notary public or other public office, license or permit to practice any profession or trade, notice of formation or dissolution of any partnership, five dollars;

(16)   for filing the charter of any public or private corporation or association required by law to be recorded, ten dollars, and an additional one dollar a page for any such document containing more than four pages;

(17)   for issuing an official certificate under seal of court not otherwise specified in this section, one dollar;

(18)   for holding a hearing for condemnation proceedings, twenty-five dollars a day;

(19)   for filing notice of discharge in bankruptcy, fifteen dollars;

(20)   for filing and enrolling and satisfaction of South Carolina and United States Government tax liens:

(a)   for filing and enrolling and satisfying executions or warrants for distraint for the South Carolina Department of Employment and Workforce, the South Carolina Department of Revenue, or any other state agency, where costs of the executions or warrants for distraint are chargeable to the persons against whom such executions or warrants for distraint are issued, ten dollars;

(b)   for filing and enrolling and satisfying any tax lien of any agency of the United States Government, where the costs of the executions are chargeable to the persons against whom such executions are issued, ten dollars;

The clerk shall mark "satisfied" upon receipt of the fees provided in this item for any tax lien or warrant for distraint issued by any agency of this State or of the United States upon receipt of a certificate duly signed by an authorized officer of any agency of this State or the United States to the effect that the execution or warrant for distraint has been paid and satisfied.

(21)   for filing and processing an order for the Destruction of Arrest Records, thirty-five dollars, which fee must be for each order regardless of the number of cases contained in the order. The fee under the provisions of this item does not apply to cases where the defendant is found not guilty or where the underlying charge is dismissed or nol prossed unless that dismissal or nol prosse is the result of successful completion of a pretrial intervention program;

(22)   for filing, indexing, enrolling, and entering a foreign judgment and an affidavit pursuant to Article 11, Chapter 35, Title 15 of the 1976 Code, one hundred dollars.

(23)   for filing a notice of meter conservation charge as permitted by Section 58-37-50, ten dollars.

(24)   for filing court documents by electronic means from an integrated electronic filing (e-filing) system owned and operated by the South Carolina Judicial Department in an amount set by the Chief Justice of the South Carolina Supreme Court and all fees must be remitted to the South Carolina Judicial Department to be dedicated to the support of court technology.

(A)   Except as otherwise expressly provided, the clerks of court and registers of deeds or county treasurers, as may be determined by the governing body of the county, shall collect the uniform filing fee of twenty-five dollars for the following documents:

(1)   a deed;

(2)   a mortgage;

(3)   a land sale installment contract or contract for deed;

(4)   a real estate sales contract;

(5)   any document required to be recorded pursuant to the Uniform Commercial Code;

(6)   a plat or survey not part of or attached to another document to be recorded;

(7)   an order for partition of real estate;

(8)   a lease;

(9)   an easement agreement or other document affecting title or possession of real property not otherwise provided for in this section;

(10)   a power of attorney or other appointment. However, upon presentation of a copy of deployment orders to a combat zone by or on behalf of a member of the armed forces of the United States, the filing fee for a power of attorney for the person deployed is waived. In addition, the filing fee for a revocation of power of attorney filed by or on behalf of a member of the armed forces of the United States is waived if the revocation is filed within three years from the date of filing the power of attorney and a copy of the deployment orders to a combat zone is presented. For purposes of this item, 'combat zone' has the meaning provided in Internal Revenue Service Publication 3 and includes service in a qualified hazardous duty area; or

(11)   any other document affecting title or possession of real estate and required by law to be recorded, except judicial records.

(B)   Except as otherwise expressly provided, the clerks of court and register of deeds or county treasurers, as may be determined by the governing body of the county, shall collect the uniform filing fee of ten dollars for the following documents or actions:

(1)   an assignment which transfers or affects a real estate mortgage or other instrument affecting title to real property or lien for the payment of money, even if it is part of the original instrument when initially filed;

(2)   separate probates, acknowledgements, affidavits or certificates which are not part of or attached to another document to be recorded;

(3)   a mortgage satisfaction or release including a partial release including entry in the public record;

(4)   a mortgage subordination agreement or lien subordination agreement;

(5)   taking and filing bond or security costs;

(6)   filing a notice of meter conservation charge as permitted by Section 58-37-50.

(7)   for filing, enrolling, satisfaction or expungement of South Carolina and United States Government liens. The clerk shall mark 'satisfied' upon receipt of the fees provided in this item for any lien or warrant for distraint issued by any agency of this State or of the United States upon receipt of a certificate duly signed by an authorized officer of any agency of this State or of the United States to the effect that the lien or warrant of distraint has been paid;

(8)   filing or recording any commission of a notary public or other public office, license or permit to practice any profession or trade required to be filed in the county where the individual permanently resides;

(9)   filing the charter of any public or private corporation or association required by law to be recorded;

(10)   filing or recording dissolution of any partnership or corporate document required to be filed in the county;

(11)   filing and enrolling a judgment by confession;

(12)   taking and filing an order for bail with or without bond;

(13)   issuing an official certificate under seal of court;

(14)   filing notice of discharge in bankruptcy;

(15)   filing a trustee qualification, memorandum of trust, or certification of trust; or

(16) revocation of power of attorney.

(C)   Except as otherwise expressly provided, the clerks of court or county treasurers, as may be determined by the governing body of the county, shall collect the following fees or take the following actions:

(1)   filing first complaint or petition, including application for a remedial and prerogative writ and bond in a civil action or proceeding, one hundred dollars plus the added fee of fifty dollars imposed by Section 14-1-204 (B)(1);

(2)   filing, indexing, enrolling, and entering a foreign judgment and an affidavit pursuant to Article 11, Chapter 35, Title 15, one hundred dollars;

(3)   filing court documents by electronic means from an integrated electronic filing (e-filing) system owned and operated by the South Carolina Judicial Department in an amount set by the Chief Justice of the South Carolina Supreme Court and all fees must be remitted to the South Carolina Judicial Department to be dedicated to the support of court technology;

(4)   filing and processing an order for the Destruction of Arrest Records which fee must be for each order regardless of the number of cases contained in the order. The fee under the provisions of this item does not apply to cases where the defendant is found not guilty or where the underlying charge is dismissed or nol prossed unless that dismissal or nol prosse is the result of successful completion of a pretrial intervention program, thirty-five dollars;

(5)   receiving and enrolling transcripts of judgment from magistrates courts and federal district courts, thirty-five dollars;

(6)   no fee may be charged to a defendant or respondent for filing an answer, return, or other papers in any civil action or proceeding, in a court of record;

(7)   taking and filing an order for bail whether or not surety must be justified, ten dollars;

(8)   taking and filing bond or security costs whether or not surety must be justified, ten dollars; or

(9)   issuing an official certificate under seal of court not otherwise specified in this section, ten dollars."
SECTION 2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 104; Nays 0

Those who voted in the affirmative are:

Allison                Arrington              Atkinson
Atwater                Bales                  Ballentine
Bannister              Bennett                Bernstein
Blackwell              Bowers                 Bradley
Brawley                Brown                  Bryant
Burns                  Caskey                 Chumley
Clemmons               Clyburn                Cobb-Hunter
Cogswell               Crawford               Crosby
Daning                 Davis                  Delleney
Dillard                Douglas                Duckworth
Elliott                Erickson               Felder
Forrest                Forrester              Fry
Funderburk             Gagnon                 Gilliard
Hamilton               Hardee                 Hayes
Henderson              Henderson-Myers        Herbkersman
Hewitt                 Hill                   Hiott
Hixon                  Hosey                  Howard
Huggins                Jefferson              Johnson
Jordan                 King                   Kirby
Knight                 Loftis                 Long
Lowe                   Lucas                  Mace
Mack                   Magnuson               Martin
McCoy                  McCravy                McEachern
McGinnis               McKnight               D. C. Moss
V. S. Moss             Murphy                 B. Newton
W. Newton              Norrell                Ott
Parks                  Pendarvis              Pope
Putnam                 Ridgeway               S. Rivers
Sandifer               Simrill                G. M. Smith
G. R. Smith            J. E. Smith            Spires
Stavrinakis            Stringer               Taylor
Thayer                 Thigpen                Toole
Trantham               Wheeler                White
Whitmire               Williams               Willis
Young                  Yow

Total--104

Those who voted in the negative are:

Total--0

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

H. 3337--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. JOHNSON, with unanimous consent, it was ordered that H. 3337 (Word version) be read the third time tomorrow.

H. 3139--AMENDED, REQUEST FOR DEBATE, AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3139 (Word version) -- Reps. Stavrinakis and McCoy: A BILL TO AMEND SECTIONS 61-4-515 AND 61-6-2016, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO PURCHASE AND SELL BEER AND WINE FOR ON-PREMISES CONSUMPTION AND A BIENNIAL LICENSE TO PURCHASE ALCOHOLIC LIQUORS BY THE DRINK AT A MOTORSPORTS ENTERTAINMENT COMPLEX OR TENNIS SPECIFIC COMPLEX, SO AS TO INCLUDE BASEBALL COMPLEX, AND TO PROVIDE A DEFINITION FOR "BASEBALL COMPLEX".

The Committee on Judiciary proposed the following Amendment No. 1 to H. 3139 (COUNCIL\CZ\3139C002.NBD.CZ18), which was adopted:
Amend the bill, as and if amended, by striking SECTIONS 1 and 2 and inserting:
/   SECTION   1.   Section 61-4-515 of the 1976 Code is amended to read:

"Section 61-4-515.   (A)   In addition to the permits authorized pursuant to the provisions of this article, the department also may issue a biennial permit to the owner, or his designee, of a motorsports entertainment complex, or tennis specific complex, soccer complex, or baseball complex located in this State, which authorizes the purchase and sale for on-premises consumption of beer and wine at any occasion held on the grounds of the complex year round on any day of the week. The nonrefundable filing fee and the fees for the motorsports, or tennis complex, soccer complex, or baseball complex biennial permit are the same as for other biennial permits for on-premises consumption of beer and wine, with the revenue therefrom used for the purposes provided in Section 61-4-510. Notwithstanding another provision of this article, the issuance of this permit authorizes the permit holder to purchase beer and wine from licensed wholesalers in the same manner that a person with appropriate licenses issued pursuant to this title purchases beer and wine from licensed wholesalers. The department in its discretion may specify the terms and conditions of the permit, pursuant to the provisions of Chapter 4, Title 61, and other applicable provisions under Title 61.

(B)   The department may require such proof of qualifications for the issuance of these permits as it considers necessary, pursuant to the provisions of Chapter 4, Title 61, and these permits may be issued whether or not the motorsports entertainment complex, or tennis specific complex, soccer complex, or baseball complex is located in a county or municipality which pursuant to Section 61-6-2010 successfully has held a referendum allowing the possession, sale, and consumption of beer or wine or alcoholic liquors by the drink for a period not to exceed twenty-four hours.

(C)   The owner or designee of the motorsports entertainment complex, or the tennis specific complex, the soccer complex, or the baseball complex may designate particular areas within the complex where patrons of events who have paid an admission price to attend or guests who are attending private functions at the complex, whether or not a charge for attendance is made, may possess and consume beer and wine provided at their own expense or at the expense of the sponsor of the private function.

(D)   For purposes of this section:

(1)   'Motorsports entertainment complex' has the same meaning as provided in Section 12-21-2425.

(2)   'Tennis specific complex' means a tennis facility, and its ancillary grounds and facilities, which satisfies all of the following:

(a)   has at least ten thousand fixed seats for tennis patrons;

(b)   hosted one Women's Tennis Association Premier tournament in 2013 and continues to host at least one Women's Tennis Association Premier tournament in each year, or any successor Women's Tennis Association tournament; and

(c)   engages in tourism promotion.

(3)   'Baseball complex' means a baseball stadium, and its ancillary grounds and facilities, that hosts a professional minor league baseball team.

(4)   'Soccer complex' means a soccer facility, along with its ancillary grounds and facilities, that hosts a professional league soccer team."
SECTION   2.   Section 61-6-2016 of the 1976 Code is amended to read:

"Section 61-6-2016.   (A)   In addition to the other provisions of this chapter, the owner, or his designee, of a motorsports entertainment complex, or tennis specific complex, soccer complex, or baseball complex that is located in this State may be issued, upon application, a biennial license that authorizes the purchase and sale for on-premises consumption of alcoholic liquors by the drink at any occasion held on the grounds of the complex under the same terms and conditions provided in Section 61-4-515, and the nonrefundable filing fee and license fee are the same as for other biennial licenses issued by the department for on-premises consumption of alcoholic liquors by the drink. In the event that the owner or his designee applies for both a permit to purchase and sell for on-premises consumption beer and wine and a license to purchase and sell for on-premises consumption alcoholic liquors by the drink, only one fee is required, which is the same as the fee for the fifty-two week local option permit under Section 61-6-2010 with the revenue therefrom used for the same purposes as provided in Section 61-6-2010.

(B)   The department may require such proof of qualifications for the issuance of these licenses as it considers necessary, pursuant to the provisions of Chapter 6, Title 61, and these licenses may be issued whether or not the motorsports entertainment complex, or tennis specific complex, soccer complex, or baseball complex is located in a county or municipality, which pursuant to Section 61-6-2010 has successfully held a referendum allowing the possession, sale, and consumption of beer or wine or alcoholic liquors by the drink for a period not to exceed twenty-four hours.

(C)   The owner or designee of the motorsports entertainment complex, or the tennis specific complex, the soccer complex, or the baseball complex may designate particular areas within the complex where patrons of events who have paid an admission price to attend or guests who are attending private functions at the complex, whether or not a charge for attendance is made, may possess and consume alcoholic liquors by the drink provided at their own expense or at the expense of the sponsor of the private function.

(D)   For purposes of this section:

(1)   'Motorsports entertainment complex' has the same meaning as provided in Section 12-21-2425.

(2)   'Tennis specific complex' means a tennis facility, and its ancillary grounds and facilities, that satisfies all of the following:

(a)   has at least ten thousand fixed seats for tennis patrons;

(b)   hosted one Women's Tennis Association Premier tournament in 2013 and continues to host at least one Women's Tennis Association Premier tournament in each year, or any successor Women's Tennis Association tournament; and

(c)   engages in tourism promotion.

(3)   'Baseball complex' means a baseball stadium, and its ancillary grounds and facilities, that hosts a professional minor league baseball team.

(4)   'Soccer complex' means a soccer facility, along with its ancillary grounds and facilities, that hosts a professional league soccer team."     /
Renumber sections to conform.
Amend title to conform.

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

The question then recurred to the passage of the Bill.

Reps. TOOLE requested debate on the Bill.

The yeas and nays were taken resulting as follows:

Yeas 79; Nays 28

Those who voted in the affirmative are:

Alexander              Allison                Arrington
Atkinson               Atwater                Bales
Ballentine             Bannister              Bernstein
Blackwell              Bowers                 Bradley
Brawley                Caskey                 Clary
Clyburn                Cobb-Hunter            Cogswell
Cole                   Crawford               Crosby
Daning                 Davis                  Delleney
Duckworth              Elliott                Erickson
Finlay                 Forrest                Forrester
Fry                    Funderburk             Gagnon
Gilliard               Hardee                 Henderson
Henderson-Myers        Herbkersman            Hewitt
Hill                   Hixon                  Hosey
Howard                 Huggins                King
Kirby                  Knight                 Lowe
Lucas                  Mace                   Mack
McCoy                  McGinnis               McKnight
V. S. Moss             Murphy                 B. Newton
W. Newton              Ott                    Parks
Pendarvis              Pope                   Putnam
Sandifer               Simrill                G. M. Smith
J. E. Smith            Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thigpen                West                   Wheeler
White                  Whitmire               Williams
Young

Total--79

Those who voted in the negative are:

Bryant                 Burns                  Chumley
Clemmons               Dillard                Douglas
Felder                 Hamilton               Hayes
Hiott                  Johnson                Jordan
Loftis                 Long                   Magnuson
Martin                 McCravy                McEachern
D. C. Moss             Norrell                Ridgeway
Robinson-Simpson       G. R. Smith            Thayer
Toole                  Trantham               Willis
Yow

Total--28

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

H. 3139--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. MCCOY, with unanimous consent, it was ordered that H. 3139 (Word version) be read the third time tomorrow.

H. 4977--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4977 (Word version) -- Reps. G. M. Smith, Simrill and Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-125 SO AS TO PROVIDE THAT BEGINNING WITH THE 2018 GENERAL ELECTION, IF THE LIEUTENANT GOVERNOR RESIGNS OR IS REMOVED FROM OFFICE, THE GOVERNOR SHALL APPOINT, WITH THE ADVICE AND CONSENT OF THE SENATE, A SUCCESSOR FOR THE UNEXPIRED TERM; BY ADDING SECTION 7-11-12 SO AS TO ESTABLISH THE PROCEDURE BY WHICH A PERSON NOMINATED FOR THE OFFICE OF GOVERNOR SELECTS A LIEUTENANT GOVERNOR AS A JOINT TICKET RUNNING MATE; BY ADDING SECTION 7-13-315 SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO ENSURE THAT THE GOVERNOR AND LIEUTENANT GOVERNOR ARE ELECTED JOINTLY; BY ADDING SECTION 8-13-1301 SO AS TO PROVIDE THAT JOINTLY ELECTED CANDIDATES MUST BE CONSIDERED A SINGLE CANDIDATE FOR CONTRIBUTIONS AND ESTABLISHING A COMMITTEE; TO AMEND SECTION 8-13-1314, RELATING TO CONTRIBUTION LIMITATIONS, SO AS TO PROVIDE THAT WITHIN AN ELECTION CYCLE, CONTRIBUTIONS FOR JOINTLY ELECTED STATEWIDE CANDIDATES ARE THREE THOUSAND FIVE HUNDRED DOLLARS; TO AMEND SECTION 7-11-15, RELATING TO FILING AS A CANDIDATE FOR THE GENERAL ELECTION, SO AS TO PROVIDE, AMONG OTHER THINGS, IF MARCH THIRTIETH, THE DEADLINE FOR FILING IS ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE TIME FOR FILING EXTENDS TO THE NEXT BUSINESS DAY; AND TO AMEND SECTION 7-13-45, RELATING TO THE ESTABLISHMENT OF HOURS FOR ACCEPTING CANDIDATE FILINGS, SO AS TO DELETE SPECIFIC REFERENCES TO THE NUMBER OF HOURS AND PROVIDE THAT FILINGS BE ACCEPTED DURING REGULAR BUSINESS HOURS ON REGULAR BUSINESS DAYS.

Rep. G. M. SMITH explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 107; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Arrington
Atkinson               Atwater                Bales
Ballentine             Bannister              Bernstein
Blackwell              Bowers                 Bradley
Brawley                Brown                  Bryant
Burns                  Caskey                 Chumley
Clary                  Clemmons               Clyburn
Cobb-Hunter            Cogswell               Cole
Crawford               Crosby                 Daning
Davis                  Delleney               Dillard
Douglas                Duckworth              Elliott
Erickson               Felder                 Finlay
Forrest                Forrester              Fry
Funderburk             Gagnon                 Gilliard
Hamilton               Hardee                 Hayes
Henderson              Henderson-Myers        Herbkersman
Hill                   Hiott                  Hixon
Hosey                  Huggins                Jefferson
Johnson                Jordan                 King
Kirby                  Knight                 Loftis
Long                   Lucas                  Mace
Mack                   Magnuson               Martin
McCoy                  McCravy                McEachern
McGinnis               McKnight               D. C. Moss
V. S. Moss             Murphy                 B. Newton
W. Newton              Norrell                Ott
Parks                  Pendarvis              Pope
Putnam                 Ridgeway               S. Rivers
Robinson-Simpson       Sandifer               Simrill
G. M. Smith            G. R. Smith            J. E. Smith
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Thigpen                Toole                  Trantham
West                   Wheeler                White
Whitmire               Williams               Willis
Young                  Yow

Total--107

Those who voted in the negative are:

Total--0

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

H. 4977--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. G. M. SMITH, with unanimous consent, it was ordered that H. 4977 (Word version) be read the third time tomorrow.

LEAVE OF ABSENCE

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

H. 4981--POINT OF ORDER

The following Bill was taken up:

H. 4981 (Word version) -- Reps. Simrill, Felder and Bryant: A BILL TO AMEND SECTION 7-7-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO ADD ONE PRECINCT, TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE, AND TO CORRECT OUTDATED REFERENCES TO THE REVENUE AND FISCAL AFFAIRS OFFICE.

POINT OF ORDER

Rep. KING 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. 3622--REQUESTS FOR DEBATE WITHDRAWN

Reps. COBB-HUNTER, S. RIVERS and CHUMLEY withdrew their requests for debate on H. 3622 (Word version); however, other requests for debate remained on the Bill.

H. 4483--RECALLED AND REFERRED TO COMMITTEE ON MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

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

H. 4483 (Word version) -- Reps. Ballentine and Howard: A BILL TO AMEND SECTION 43-21-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS SELECTED AS PARTICIPANTS IN THE STUDENT LOAN REPAYMENT PROGRAM OF THE DIVISION ON AGING, SO AS TO CHANGE CERTAIN PROGRAM REQUIREMENTS.

S. 992--AMENDED, ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

S. 992 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO RECOGNIZE THE SOUTH CAROLINA PORTS AUTHORITY'S PORT AMBASSADOR PROGRAM AND TO HONOR THE 2017-2018 PROGRAM PARTICIPANTS.

REP. SANDIFER proposed the following Amendment No. 1 to S. 992 (COUNCIL\VR\992C001.NBD.VR18), which was adopted:
Amend the concurrent resolution, as and if amended, by striking the concurrent resolution in its entirety and inserting:
/TO RECOGNIZE THE SOUTH CAROLINA PORTS AUTHORITY'S PORT AMBASSADOR PROGRAM AND TO HONOR THE 2017-2018 PROGRAM PARTICIPANTS.
Whereas, the South Carolina Ports Authority, established by the General Assembly in 1942, owns and operates public seaport facilities in Charleston, Dillon, Georgetown, and Greer. An economic development engine for the State, port operations facilitate 187,200 statewide jobs and generate nearly $53 billion in annual economic activity, or 10% of the State's annual product. With the Southeast's deepest port, the Ports Authority is the industry leader in delivering speed-to-market, seamless processes and the flexibility to ensure reliable operations, big ship handling, efficient market reach, and environmental responsibility; and
Whereas, the Port Ambassador Program was created in 2016 with the mission of increasing public awareness and understanding of the Ports Authority's strategic plan, ensuring the port will become the preferred top-ten port in the nation. The program also develops a network of graduates to assist in fostering goodwill, understanding, acceptance, and advocacy in local and statewide leaders; and
Whereas, Port Ambassadors are South Carolinians currently exhibiting leadership and influence within their respective sectors of business, philanthropy, or community service. Ambassadors are involved individuals who are already making a difference in the economic, cultural, and social quality of life in South Carolina; and
Whereas, the program consists of delegates nominated by each of the ten Ports Authority Review and Oversight Commission members, the nine members of the Ports Authority Board of Directors, and the Ports Authority Senior Management team. During the eight-month program, delegates are familiarized with the inner workings of the port and intermodal industry through a series of educational sessions, tours, and special events; and
Whereas, the 2017-2018 class of community and industry leaders includes Bob Barrineau, Mac Bennett, Danny Black, Doug Boston, James Burns, Susanne Cantey, Sky Foster, Tavia Gaddy, Tommy Hall, Brad Henry, Elizabeth Hills, Grayson Kelly, Craig Kinley, Mark Lattanzio, Christin Mack, Bill Medich, Leah Moody, Chakisse Newton, Kenneth Nix, Lowndes Pope, Keith Rourk, Jamie Scott, Brian Stern, Anna Thies, and Walt Tobin; and
Whereas, as the fastest growing major container port in the United States, with a 58% growth rate from 2011-2017 and record container growth in 2017, the port looks ahead to continuing aggressive volume growth, financial growth, and historic infrastructure investments; and
Whereas, the members of the South Carolina General Assembly appreciate the dedication and commitment of the South Carolina Ports Authority's Port Ambassadors to the people and the State of South Carolina. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the South Carolina General Assembly, by this resolution, recognize the South Carolina Ports Authority's Port Ambassador Program and honor the 2017-2018 program participants.
Be it further resolved that a copy of this resolution be presented to the South Carolina Ports Authority and to its Port Ambassadors.     /
Renumber sections to conform.
Amend title to conform.
Rep. SANDIFER explained the amendment.
The amendment was then adopted.

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

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

RECURRENCE TO THE MORNING HOUR

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

COMMUNICATION

The following was received:

February 21, 2018
The Honorable Charles F. Reid, Clerk
South Carolina House of Representatives
213 Blatt Building
Columbia, South Carolina 29201

Gentlemen:

Please be advised that the members of the Seventh Congressional Delegation voted this morning to approve Governor McMaster's appointee, Tony K. Cox, to the South Carolina Department of Transportation Commission for a four-year term commencing February 16, 2017, and expiring February 15, 2021.

Yours very truly,
Hugh K. Leatherman, Sr.
Senate District 31

Received as information.

COMMUNICATION

The following was received:

State of South Carolina
Office of the Governor

Columbia, S.C., February 21, 2018
Mr. Speaker and Members of the House of Representatives:

Pursuant to Section 57-1-325 of South Carolina Code of Laws, I am transmitting herewith an appointment for referral to the 2nd Congressional District Legislative Delegation. Per the statute, the Delegation has forty-five (45) days from the date of referral to approve the appointment.

Statewide Appointment

Department of Transportation Commission
Term Commencing: 2/15/2018
Term Expiring: 2/15/2021
Seat: 2nd Congressional District
Mr. John Hay Burriss
840 Tryst Point
Chapin, South Carolina 29036

Yours truly,
Henry McMaster
Governor

Referred to the 2nd Congressional District Legislative Delegation

COMMUNICATION

The following was received:

State of South Carolina
Office of the Governor

Columbia, S.C., February 21, 2018
Mr. Speaker and Members of the House of Representatives:

Pursuant to Section 57-1-325 of South Carolina Code of Laws, I am transmitting herewith an appointment for referral to the 4th Congressional District Legislative Delegation. Per the statute, the Delegation has forty-five (45) days from the date of referral to approve the appointment.

Statewide Appointment

Department of Transportation Commission
Term Commencing: 2/15/2018
Term Expiring: 2/15/2021
Seat: 4th Congressional District

Mr. Woodrow Wilson Willard, Jr.
314 South Pine Street, Building 200
Spartanburg, South Carolina 29302

Yours truly,
Henry McMaster
Governor

Referred to the 4th Congressional District Legislative Delegation

HOUSE RESOLUTION

The following was introduced:

H. 4991 (Word version) -- Reps. Clary, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR CLEMSON UNIVERSITY CHAMPION GOLFER DOC REDMAN FOR HIS OUTSTANDING ACHIEVEMENTS IN THE WORLD OF GOLF AND TO CONGRATULATE HIM ON CAPTURING THE 2017 UNITED STATES AMATEUR CHAMPIONSHIP.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4992 (Word version) -- Reps. Hewitt, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE WACCAMAW HIGH SCHOOL ATHLETIC DEPARTMENT'S CHAMPION ATHLETES ON THEIR EXCEPTIONAL PERFORMANCES AND TO WISH THEM WELL IN ALL THEIR FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4993 (Word version) -- Rep. Hewitt: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE WACCAMAW HIGH SCHOOL CHAMPIONSHIP TEAMS AND INDIVIDUALS OF GEORGETOWN COUNTY WITH THE TEAMS, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2017 SOUTH CAROLINA CLASS AAA STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Waccamaw High School championship teams and individuals of Georgetown County with the teams, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2017 South Carolina Class AAA State Championship title.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4994 (Word version) -- Rep. Forrester: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE DORMAN HIGH SCHOOL VOLLEYBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR WINNING THE 2017 CLASS AAAAA STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Dorman High School volleyball team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for winning the 2017 Class AAAAA State Championship title.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4995 (Word version) -- Reps. Forrester, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A HOUSE RESOLUTION TO SALUTE THE DORMAN HIGH SCHOOL VOLLEYBALL TEAM FOR ITS OUTSTANDING SEASON AND TO CONGRATULATE THE TEAM'S EXCEPTIONAL PLAYERS, COACHES, AND STAFF ON CAPTURING THE 2017 CLASS AAAAA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4996 (Word version) -- Rep. Alexander: A HOUSE RESOLUTION TO HONOR AND COMMEND DR. BENNIE ALFONSO ANDERSON FOR HIS LIFETIME COMMITMENT TO THE EDUCATION OF SOUTH CAROLINA'S YOUTH AND TO WISH HIM MUCH HAPPINESS IN HIS FUTURE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4997 (Word version) -- Reps. Sandifer and Whitmire: A HOUSE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE WEST-OAK HIGH SCHOOL WRESTLING TEAM ON A SUPERLATIVE SEASON AND TO SALUTE THESE ATHLETES AND THEIR COACHES ON WINNING THE 2018 CLASS AAA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4998 (Word version) -- Reps. Sandifer and Whitmire: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE WEST-OAK HIGH SCHOOL WRESTLING TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED ON THEIR IMPRESSIVE SEASON AND FOR CAPTURING THE 2018 CLASS AAA STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the West-Oak High School wrestling team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended on their impressive season and for capturing the 2018 Class AAA State Championship title.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4999 (Word version) -- Rep. Parks: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 28 IN MCCORMICK COUNTY FROM THE SOUTH CAROLINA-GEORGIA STATE LINE TO ITS INTERSECTION WITH HIGHWAY S-87 (NEW HOPE ROAD) "VETERANS HIGHWAY" IN HONOR OF OUR MEN AND WOMEN WHO HAVE SERVED OR WHO CURRENTLY ARE SERVING IN OUR MILITARY AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY CONTAINING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 814 (Word version) -- Senator Kimpson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF CALHOUN AND RUTLEDGE STREETS IN THE CITY OF CHARLESTON "OFFICER JAMES OWENS, JR. MEMORIAL INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1035 (Word version) -- Senator Williams: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE PASSING OF COLONEL NORMAN P. HUGGINS AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1036 (Word version) -- Senators Verdin and Alexander: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE CLEMSON UNIVERSITY AGRICULTURAL EDUCATION PROGRAM ON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY.

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

INTRODUCTION OF BILLS

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

H. 5000 (Word version) -- Reps. Lucas, Herbkersman and Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 19 TO CHAPTER 1, TITLE 9 SO AS TO CREATE THE OPTIONAL SHARED-RISK DEFINED BENEFIT PLAN, TO PROVIDE RETIREMENT REQUIREMENTS AND BENEFITS, TO PROVIDE FOR A MAXIMUM SIX PERCENT RATE OF RETURN, TO PROVIDE THAT THE PLAN IS ONE HUNDRED PERCENT FUNDED AT INCEPTION AND TO PROVIDE FOR CERTAIN RESTRICTIONS TO PLAN ENROLLMENT; TO AMEND SECTION 9-1-10, RELATING TO DEFINITIONS, SO AS TO ADD "CLASS FOUR MEMBER"; TO AMEND SECTION 9-1-1790, RELATING TO THE AMOUNT THAT MAY BE EARNED BY AN EMPLOYEE RETURNING TO WORK, SO AS TO PROVIDE THAT AN EMPLOYEE WHO RETURNS TO COVERED EMPLOYMENT AFTER RETIREMENT MAY NOT CONTINUE TO RECEIVE THE MONTHLY RETIREMENT ALLOWANCE THE MEMBER IS RECEIVING FROM THE SYSTEM AND TO PROVIDE THAT THE EMPLOYER MAY CHOOSE TO PARTICIPATE IN A DEFERRED COMPENSATION PROGRAM FOR THOSE INDIVIDUALS; AND TO AMEND CHAPTER 20, TITLE 9, RELATING TO THE STATE OPTIONAL RETIREMENT PROGRAM, SO AS TO RENAME THE PROGRAM THE "DEFINED CONTRIBUTION PRIMARY RETIREMENT PLAN" (DCPRP), TO PROVIDE FOR A DEFAULT VENDOR AND INVESTMENT OPTION, TO PROVIDE SELECTION CRITERIA FOR VENDORS, TO PROVIDE RESPONSIBILITIES FOR VENDORS, TO PROVIDE FOR THE LENGTH OF VENDOR CONTRACTS, TO PROVIDE FOR THE NUMBER OF VENDORS THAT THE PUBLIC EMPLOYEE BENEFIT AUTHORITY MAY CONTRACT WITH, TO PROVIDE THAT AT LEAST ONE VENDOR OFFERS FIXED RATE AND VARIABLE ANNUITIES, TO PROVIDE THAT A MEMBER MAY NOT BORROW AGAINST HIS DCPRP, TO PROVIDE FOR VESTING REQUIREMENTS, TO PROVIDE FOR EMPLOYER AND EMPLOYEE CONTRIBUTION RATES, TO PROVIDE THAT CERTAIN EDUCATION MUST BE OFFERED TO MEMBERS, AND TO PROVIDE THAT A CLASS TWO OR CLASS THREE MEMBER MAY CHOOSE TO BECOME A CLASS FOUR MEMBER.
Referred to Committee on Ways and Means

H. 5001 (Word version) -- Rep. Clary: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 41 TO TITLE 58 SO AS TO ENACT THE "CLEAN ENERGY ACCESS ACT", TO REQUIRE THAT ELECTRICAL UTILITIES PROVIDE PARTICIPATING CUSTOMERS WITH ACCESS TO RENEWABLE ENERGY PROGRAMS, TO ESTABLISH PROCEDURES FOR PARTICIPATING CUSTOMERS TO SELECT RENEWABLE ENERGY FACILITIES FROM WHICH ELECTRICAL UTILITIES ARE TO PROCURE ENERGY, CAPACITY, AND ENVIRONMENTAL ATTRIBUTES ON BEHALF OF PARTICIPATING CUSTOMERS, AND TO DEFINE RELEVANT TERMS.
Referred to Committee on Labor, Commerce and Industry

H. 5002 (Word version) -- Reps. Parks, McCravy, King, Cobb-Hunter, Gilliard, Spires, Mack, Felder, Knight, Jefferson, Thigpen, Dillard and Thayer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-40 SO AS TO PROVIDE THAT A REGISTERED BARBER MAY PRACTICE BARBERING IN A BEAUTY SALON; AND TO AMEND SECTION 40-13-20, RELATING TO THE DEFINITION OF "BEAUTY SALON", SO AS INCLUDE BARBERING WITHIN THE SCOPE OF PROFESSIONAL SERVICES THAT MAY BE PERFORMED IN A BEAUTY SALON IN ADDITION TO COSMETOLOGY.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 5003 (Word version) -- Reps. Bradley, Kirby, Erickson, M. Rivers, Bales and Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-160 SO AS TO REQUIRE THE PLACEMENT OF BLEEDING CONTROL KITS IN ALL PUBLIC SCHOOLS, TO SPECIFY THE REQUIRED CONTENTS OF BLEEDING CONTROL KITS, TO REQUIRE CERTAIN TRAINING OF DISTRICT EMPLOYEES WHO ARE REASONABLY EXPECTED TO USE BLEEDING CONTROL KITS, TO INTEGRATE USE OF BLEEDING CONTROL KITS INTO DISTRICT EMERGENCY PLANS AND EMERGENCY DRILLS, TO PROVIDE REQUIREMENTS CONCERNING THE USE AND MAINTENANCE OF BLEEDING CONTROL KITS, AND TO PROVIDE CERTAIN IMMUNITY FROM CIVIL LIABILITY RELATED TO THESE REQUIREMENTS.
Referred to Committee on Education and Public Works

H. 5004 (Word version) -- Reps. Finlay, Bernstein, Ballentine, Lucas, W. Newton, Bannister, Delleney and J. E. Smith: A BILL TO AMEND SECTION 2-17-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS PROHIBITED FROM SERVING AS A LOBBYIST, SO AS TO REQUIRE A FORMER PUBLIC OFFICIAL CLOSE HIS CAMPAIGN ACCOUNT BEFORE SERVING AS A LOBBYIST; AND TO AMEND SECTION 8-13-755, RELATING TO RESTRICTIONS ON FORMER PUBLIC OFFICIALS, MEMBERS, OR EMPLOYEES SERVING AS A LOBBYIST, SO AS TO REQUIRE A FORMER PUBLIC OFFICIAL CLOSE HIS CAMPAIGN ACCOUNT BEFORE SERVING AS A LOBBYIST.
Referred to Committee on Judiciary

H. 5005 (Word version) -- Rep. Taylor: A BILL TO AMEND SECTION 2-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS APPLICABLE TO THE LOBBYING PROVISIONS CONTAINED IN CHAPTER 17, TITLE 2, SO AS TO REVISE THE DEFINITION OF "LOBBYING", "LOBBYIST", "PUBLIC BODY", "PUBLIC EMPLOYEE", AND "PUBLIC OFFICIAL"; TO AMEND SECTION 2-17-20, RELATING TO THE REGISTRATION OF LOBBYISTS AND APPLICABLE FEES, SO AS TO INCREASE THE LOBBYIST REGISTRATION FEE TO TWO HUNDRED DOLLARS; TO AMEND SECTION 2-17-25, RELATING TO THE REGISTRATION OF LOBBYISTS' PRINCIPALS AND THE APPLICABLE FEES, SO AS TO INCREASE THE LOBBYISTS' PRINCIPAL REGISTRATION FEE TO TWO HUNDRED DOLLARS; TO AMEND SECTION 2-17-80, RELATING TO PROHIBITED ACTS OF LOBBYISTS, PUBLIC OFFICIALS, AND EMPLOYEES, SO AS TO ELIMINATE QUALIFYING REFERENCES TO STATE AGENCY ACTIONS; AND TO AMEND SECTION 2-17-130, RELATING TO PENALTIES FOR VIOLATIONS OF PROVISIONS OF CHAPTER 17, TITLE 2, SO AS TO ELIMINATE QUALIFYING REFERENCES TO STATE AGENCY ACTIONS.
Referred to Committee on Judiciary

H. 5007 (Word version) -- Reps. Mace, Erickson and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-540 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO THREATEN, SOLICIT ANOTHER TO THREATEN, OR CONSPIRE TO THREATEN TO CAUSE DAMAGE, INJURY, OR DEATH OR TO CAUSE DAMAGE TO OR DESTROY A BUILDING OR OTHER REAL OR PERSONAL PROPERTY BY USE OF A WEAPON ON ANY PREMISES OR PROPERTY OWNED, OPERATED, OR CONTROLLED BY A PRIVATE OR PUBLIC SCHOOL, COLLEGE, UNIVERSITY, TECHNICAL COLLEGE, OR OTHER POST-SECONDARY INSTITUTION OR IN ANY PUBLICLY OWNED BUILDING, AND TO PROVIDE PENALTIES.
Referred to Committee on Judiciary

H. 5008 (Word version) -- Reps. Jefferson, Williams, Thigpen, King, Brawley, Hosey, McKnight, Cobb-Hunter, Mack, Young, Brown, Hardee, Ridgeway and Wheeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-66-50 SO AS TO PROVIDE THAT BEGINNING WITH THE 2018-2019 SCHOOL YEAR, EACH PUBLIC SCHOOL OF THIS STATE MUST HAVE AT LEAST ONE FULL-TIME EMPLOYEE WHOSE RESPONSIBILITY IS TO MONITOR, DURING REGULAR SCHOOL HOURS, THE SCHOOL SURVEILLANCE EQUIPMENT AT THE SCHOOL AND TO NOTIFY APPROPRIATE SCHOOL ADMINISTRATORS, RESOURCE OFFICERS, OR LAW ENFORCEMENT, IF NECESSARY, IF THIS EMPLOYEE OBSERVES SITUATIONS ON THE SURVEILLANCE EQUIPMENT WHICH RAISES A SIGNIFICANT CAUSE FOR CONCERN REGARDING SAFETY OF STUDENTS, SCHOOL PROPERTY, OR THE COMMISSION OF A CRIME.
Referred to Committee on Education and Public Works

S. 796 (Word version) -- Senator Sheheen: A JOINT RESOLUTION TO PROVIDE FOR THE OBSERVANCE OF THE SESTERCENTENNIAL OF THE AMERICAN REVOLUTION IN SOUTH CAROLINA AND TO ESTABLISH THE AMERICAN REVOLUTION SESTERCENTENNIAL COMMISSION OF SOUTH CAROLINA.
Referred to Committee on Invitations and Memorial Resolutions

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

ADJOURNMENT

At 12:04 p.m. the House, in accordance with the motion of Rep. POPE, adjourned in memory of Heather Klein Scullion, to meet at 10:00 a.m. tomorrow.

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