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

NO. 43

JOURNAL

of the

HOUSE OF REPRESENTATIVES

of the

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 10, 2017
________

WEDNESDAY, APRIL 4, 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 19:1: "Let the words of my mouth and the meditations of my heart be acceptable in your sight, O Lord, my strength and my redeemer."

Let us pray. Heavenly Father, as we gather for another day of planning and work, guide these Representatives and staff to work together for the good of the people of this State. Teach them Your way of bringing strength to inspire each other to continue their great work. Guide them in all they do for the people of this State. Bless our Nation, President, State, Governor, Speaker, staff, and all who contribute to this great cause. Bless and protect 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. KING moved that when the House adjourns, it adjourn in memory of Rev. Dr. Martin Luther King, Jr., which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the life and legacy of Rev. Dr. Martin Luther King, Jr.

SILENT PRAYER

The House stood in silent prayer for the family and friends of Walter Scott.

SILENT PRAYER

The House stood in silent prayer for the family and friends of former Lancaster County Mayor, John Howard.

SILENT PRAYER

The House stood in silent prayer for the family and friends of Eliza Cait Millwood, daughter of former Representative Joey Millwood.

REPORTS OF STANDING COMMITTEES

Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 5140 (Word version) -- Reps. Lucas and Williams: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF CASHUA FERRY ROAD IN DARLINGTON COUNTY FROM WILSON CLINIC TO ITS INTERSECTION WITH COGGESHALL ROAD "JAMES 'JIMMY' MCKELVEY MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THIS DESIGNATION.
Ordered for consideration tomorrow.

Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 5141 (Word version) -- Reps. Clary, Collins and Hiott: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAY 123 AND SOUTH CAROLINA HIGHWAY 93 IN PICKENS COUNTY "DR. B.R. SKELTON INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THIS DESIGNATION.
Ordered for consideration tomorrow.

Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

S. 835 (Word version) -- Senator Goldfinch: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF GLENNS BAY ROAD AND UNITED STATES HIGHWAY 17 BYPASS IN HORRY COUNTY "GAVIN BRUNETTI INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION CONTAINING THIS DESIGNATION.
Ordered for consideration tomorrow.

ROLL CALL

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

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                Hewitt                 Hill
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       Sandifer
Simrill                G. M. Smith            G. R. Smith
J. E. Smith            Sottile                Spires
Stavrinakis            Tallon                 Taylor
Thayer                 Thigpen                Toole
Trantham               Weeks                  West
Wheeler                White                  Whitmire
Williams               Willis                 Young
Yow

Total Present--118

STATEMENT OF ATTENDANCE

Reps. BANNISTER and CLEMMONS signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, April 3.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. STRINGER a leave of absence for the day due to business reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HIXON a leave of absence for the day due to a prior commitment.

LEAVE OF ABSENCE

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

CO-SPONSORS ADDED

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. 3208 (Word version)
Date:   ADD:
04/04/18   W. NEWTON, JOHNSON and DUCKWORTH

CO-SPONSOR ADDED

Bill Number:   H. 3448 (Word version)
Date:   ADD:
04/04/18   ERICKSON

CO-SPONSOR ADDED

Bill Number:   H. 3530 (Word version)
Date:   ADD:
04/04/18   JORDAN

CO-SPONSOR ADDED

Bill Number:   H. 3664 (Word version)
Date:   ADD:
04/04/18   HUGGINS

CO-SPONSOR ADDED

Bill Number:   H. 3772 (Word version)
Date:   ADD:
04/04/18   W. NEWTON

CO-SPONSOR ADDED

Bill Number:   H. 4182 (Word version)
Date:   ADD:
04/04/18   JOHNSON

CO-SPONSOR ADDED

Bill Number:   H. 4932 (Word version)
Date:   ADD:
04/04/18   PUTNAM

CO-SPONSOR ADDED

Bill Number:   H. 5027 (Word version)
Date:   ADD:
04/04/18   GILLIARD

CO-SPONSOR ADDED

Bill Number:   H. 5091 (Word version)
Date:   ADD:
04/04/18   JOHNSON

CO-SPONSOR ADDED

Bill Number:   H. 5182 (Word version)
Date:   ADD:
04/04/18   M. RIVERS

CO-SPONSOR ADDED

Bill Number:   H. 5202 (Word version)
Date:   ADD:
04/04/18   CRAWFORD

S. 1126--ORDERED TO THIRD READING

The following Bill was taken up:

S. 1126 (Word version) -- Senator Sheheen: A BILL TO AMEND THE FIRST PARAGRAPH OF SECTION 1 OF ACT 930 OF 1970, AS LAST AMENDED BY ACT 606 OF 1992, RELATING TO THE ELECTION OF MEMBERS OF THE KERSHAW COUNTY SCHOOL BOARD OF TRUSTEES, TO PROVIDE THAT THE ELECTIONS SHALL BE HELD AT THE TIME OF THE GENERAL ELECTION IN APPROPRIATE YEARS.

The yeas and nays were taken resulting as follows:

Yeas 88; Nays 0

Those who voted in the affirmative are:

Anderson               Anthony                Arrington
Atkinson               Atwater                Bales
Ballentine             Bannister              Bennett
Bradley                Brawley                Brown
Bryant                 Burns                  Caskey
Chumley                Clary                  Clemmons
Clyburn                Cogswell               Cole
Collins                Crawford               Crosby
Daning                 Davis                  Delleney
Dillard                Douglas                Duckworth
Elliott                Erickson               Felder
Finlay                 Forrest                Fry
Gagnon                 Gilliard               Govan
Hamilton               Hardee                 Hayes
Henderson              Henderson-Myers        Henegan
Hewitt                 Hosey                  Howard
Huggins                Jefferson              Johnson
Jordan                 King                   Kirby
Knight                 Lowe                   Lucas
Mace                   Magnuson               McCoy
McEachern              McGinnis               D. C. Moss
V. S. Moss             Murphy                 W. Newton
Norrell                Pendarvis              Pitts
Pope                   Ridgeway               M. Rivers
S. Rivers              Robinson-Simpson       Sandifer
Simrill                G. R. Smith            Sottile
Spires                 Tallon                 Taylor
Toole                  Trantham               West
Wheeler                Whitmire               Williams
Young

Total--88

Those who voted in the negative are:

Total--0

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 S. 1126. If I had been present, I would have voted in favor of the Bill.

Rep. Laurie Funderburk

LEAVE OF ABSENCE

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

SENT TO THE SENATE

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

H. 4412 (Word version) -- Rep. Henderson: A BILL TO AMEND SECTION 13-7-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING IN PART TO THE REGULATION OF TANNING ESTABLISHMENTS, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INSPECT SOURCES OF NONIONIZING RADIATION AND TO RETAIN FEES TO ADMINISTER THE PROGRAM.

H. 4851 (Word version) -- Reps. Felder, J. E. Smith, Jefferson and W. Newton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 60-11-152 SO AS TO PROVIDE FOR THE DISPOSITION OF CERTAIN DUPLICATIVE MATERIAL IN THE POSSESSION OF THE DEPARTMENT OF ARCHIVES AND HISTORY TO ANOTHER PUBLIC OR NONPROFIT INSTITUTION BY GIFT OR SALE, TO PROVIDE FOR THE USE OF RESULTING PROCEEDS, AND TO PROVIDE ANNUAL REPORTING REQUIREMENTS; BY ADDING SECTION 60-11-153 SO AS TO PROVIDE FOR THE RETENTION AND USE BY THE DEPARTMENT OF ARCHIVES AND HISTORY OF CERTAIN PROCEEDS GENERATED BY ITS OPERATIONS; AND TO REPEAL SECTION 60-11-120 RELATING TO THE DISPOSITION OF CERTAIN DUPLICATIVE MATERIAL IN THE POSSESSION OF DEPARTMENT OF ARCHIVES AND HISTORY.

H. 5063 (Word version) -- Reps. Funderburk and Erickson: A BILL TO AMEND SECTION 44-1-143, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING IN PART TO THE RIGHT OF HOME-BASED FOOD PRODUCTION OPERATIONS TO APPLY FOR REGULATORY EXEMPTIONS FROM THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE, SO AS TO REFLECT THAT THE DEPARTMENT OF AGRICULTURE DOES NOT HAVE REGULATORY AUTHORITY OVER HOME-BASED FOOD PRODUCTION OPERATIONS.

H. 5152 (Word version) -- Reps. V. S. Moss and Hixon: A BILL TO AMEND SECTION 39-22-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION TAGS PLACED ON COTTON BALES STORED IN A WAREHOUSE OPERATED UNDER THE STATE WAREHOUSE SYSTEM, SO AS TO PROVIDE ADDITIONAL TYPES OF IDENTIFICATION NUMBERS, TAGS, AND STICKERS THAT THE WAREHOUSE MAY UTILIZE.

H. 5090 (Word version) -- Reps. Clemmons and Yow: A BILL TO AMEND SECTION 50-11-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF WILD TURKEY FEATHERS IN ART, SO AS TO PROVIDE THAT WILD TURKEY PARTS MAY BE USED IN ARTS AND CRAFTS BY CERTAIN INDIVIDUALS, TO PROVIDE THAT THIS PROVISION DOES NOT AUTHORIZE THE SALE OF WILD TURKEY MEAT, AND TO DELETE THE PROVISIONS THAT PROHIBIT THE SALE OF PARTS OF WILD TURKEYS AND THE SALE OF CAPES, BEARDS, AND FANS.

H. 4973 (Word version) -- Reps. Bales, Taylor, Brown, Hosey, Simrill, Hixon, Blackwell and Young: A BILL TO AMEND SECTION 56-3-2150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES ISSUED TO CERTAIN CURRENT AND RETIRED PUBLIC OFFICIALS, SO AS TO PROVIDE THAT TWO SPECIAL LICENSE PLATES MAY BE ISSUED TO EACH OF THESE OFFICIALS, AND THAT A SPECIAL LICENSE PLATE ISSUED TO A MEMBER OF THE GENERAL ASSEMBLY WHO IS RECEIVING RETIREMENT BENEFITS MUST CONTAIN THE SEAL IMPRINTED ON SPECIAL LICENSE PLATES ISSUED TO CURRENT MEMBERS OF THE GENERAL ASSEMBLY.

H. 3846 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 40-59-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS FROM HOMEBUILDERS LICENSURE REQUIREMENTS FOR CERTAIN RESIDENTIAL PROPERTY IMPROVEMENTS MADE BY PROPERTY OWNERS FOR PERSONAL USE, SO AS TO REMOVE A PROVISION WHICH DISQUALIFIES PROPERTY OWNERS WHO SELL OR RENT SUCH AN IMPROVED PROPERTY WITHIN TWO YEARS AFTER THE IMPROVEMENTS ARE MADE FROM THIS EXCEPTION, AND TO MAKE A CONFORMING CHANGE IN A RELATED DISCLOSURE GIVEN TO PROPERTY OWNERS SEEKING TO QUALIFY FOR THE EXCEPTION.

H. 4093 (Word version) -- Reps. Collins, J. E. Smith and Norrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "EMPLOYMENT FIRST INITIATIVE ACT" BY ADDING CHAPTER 5 TO TITLE 41 SO AS TO PROVIDE NECESSARY DEFINITIONS, TO ESTABLISH POLICIES SUPPORTIVE OF COMPETITIVE AND INTEGRATED EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES, TO CREATE RELATED RESPONSIBILITIES FOR STATE AGENCIES AND POLITICAL SUBDIVISIONS OF THE STATE, TO CREATE THE SOUTH CAROLINA EMPLOYMENT FIRST OVERSIGHT COMMISSION, AND TO PROVIDE FOR THE COMPOSITION, FUNCTION, AND DUTIES OF THE COMMISSION.

H. 4304 (Word version) -- Reps. Duckworth, Loftis, Finlay, Henderson, Stavrinakis, Clary, McCoy, Taylor, Cogswell, Hewitt, Erickson, Crawford, Johnson, Jordan, Atwater, Spires, Fry, Clemmons, Putnam, McCravy, Huggins, Davis, Kirby, Arrington, Bennett, Collins, Felder, Ballentine, Bannister, Bedingfield, Blackwell, Cole, Forrest, Gagnon, Hardee, Herbkersman, Hiott, Hixon, Lowe, Lucas, V. S. Moss, Pope, S. Rivers, Simrill, G. R. Smith, Thayer, Wheeler, Willis, Murphy, Brown, Elliott, Ott, Norrell, McGinnis, Caskey, Mace, Trantham, Ridgeway and B. Newton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-37-60 SO AS TO PROVIDE THAT "OFFSHORE WIND RESOURCE DEVELOPMENT ACTIVITIES" MEANS INITIATIVES UNDERTAKEN BY AN ELECTRICAL UTILITY FOR THE LONG-TERM ADVANCEMENT OF ECONOMIC DEVELOPMENT AND CLEAN ENERGY BENEFITS RESULTING FROM OFFSHORE WIND, TO PROVIDE THAT THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION MAY ADOPT PROCEDURES THAT ENCOURAGE ELECTRICAL UTILITIES SUBJECT TO THE JURISDICTION OF THE COMMISSION TO INVEST IN OFFSHORE WIND RESOURCE DEVELOPMENT ACTIVITIES THAT PROVIDE COST RECOVERY FOR ENERGY SUPPLIERS AND DISTRIBUTORS WHO INVEST IN OFFSHORE WIND RESOURCE DEVELOPMENT ACTIVITIES THAT ARE REASONABLY EXPECTED TO RESULT IN ECONOMIC DEVELOPMENT FROM THE MANUFACTURING AND DEPLOYMENT OF OFFSHORE WIND.

H. 5046 (Word version) -- Reps. Loftis, Crawford, Hewitt, Ballentine, Anderson and Sandifer: A BILL TO AMEND SECTION 40-57-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA REAL ESTATE COMMISSION, SO AS TO PROVIDE A ONE-MONTH GRACE PERIOD FOR LICENSEES OF THE COMMISSION TO SUBMIT RENEWAL APPLICATIONS AND PAY RENEWAL FEES WITHOUT INCURRING A LATE FEE OR ENGAGING IN THE UNLICENSED PRACTICE OF REAL ESTATE, TO PROVIDE THAT LICENSEES WHO FAIL TO SUBMIT RENEWAL APPLICATIONS AND PAY RENEWAL FEES AFTER THIS GRACE PERIOD ARE SUBJECT TO A SEVENTY-FIVE DOLLAR LATE FEE AND MAY NOT BE ASSESSED AN ADDITIONAL LATE FEE OR RENEWAL FEE, AND TO PROVIDE LICENSES WHICH ARE NOT RENEWED BEFORE THE END OF THE YEAR OF EXPIRATION ARE CANCELLED AND THE LICENSEE MUST REAPPLY AND REQUALIFY FOR LICENSURE; AND TO AMEND SECTION 40-57-60, RELATING TO POWERS AND DUTIES OF THE COMMISSION, SECTION 40-57-70, RELATING TO LICENSE AND APPLICATION FEES, AND SECTION 40-57-110, RELATING TO LICENSE LAPSES FOR LATE RENEWALS, ALL SO AS TO MAKE CONFORMING CHANGES.

H. 4009 (Word version) -- Reps. Lucas, Williams, Crawford, Alexander, McCoy, Hiott, Clemmons, Bales, Bedingfield, Ott, G. R. Smith, Herbkersman, Sandifer and S. Rivers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 69 TO TITLE 12 SO AS TO ENACT THE 'MOTORSPORTS ENTERTAINMENT COMPLEX INVESTMENT ACT' BY EXEMPTING CERTAIN BUILDING MATERIALS FOR A COMPLEX FROM THE SALES TAX AND TO PROVIDE THE PROCESS BY WHICH A QUALIFIED COMPANY MAY CLAIM THE EXEMPTION, TO CREATE THE MOTORSPORTS TOURISM INCENTIVE FUND TO AWARD GRANTS OR LOANS TO ATTRACT AND EXPAND TOURISM AND HOSPITALITY PROJECTS RELATED TO EVENTS AT SUCH COMPLEXES, TO PROVIDE THAT A COMPLEX IS ELIGIBLE FOR BENEFITS FROM THE CLOSING FUND, TO ALLOW A TAX CREDIT OF TWENTY-FIVE PERCENT OF THE COSTS INCURRED BY A TAXPAYER TO INSTALL EQUIPMENT OR TECHNOLOGY THAT ALLOWS INFORMATION TO BE TRANSMITTED THROUGH A WIRELESS LOCAL AREA NETWORK AT A COMPLEX; TO AMEND SECTION 12-20-110, RELATING TO THE APPLICABILITY OF CORPORATION LICENSE FEE PROVISIONS, SO AS TO MAKE SUCH PROVISIONS INAPPLICABLE TO A COMPLEX; AND TO AMEND SECTION 12-21-2425, RELATING TO THE ADMISSION LICENSE TAX, SO AS TO INCREASE THE EXEMPTION ON A COMPLEX, TO REMOVE THE TIME PERIOD FOR THE EXEMPTION, AND TO PROVIDE THAT THE EXEMPTED REVENUE MUST BE USED ON MARKETING FOR EVENTS AT THE COMPLEX.

H. 4715 (Word version) -- Reps. Kirby, Ott, Hiott, Hixon, Chumley, Burns, Johnson, Duckworth, Wheeler, Dillard, Forrest and Atkinson: A BILL TO AMEND SECTION 50-23-11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT DEALER DEMONSTRATION NUMBERS, SO AS TO PROVIDE FOR A THIRTY-DOLLAR APPLICATION FEE, TO PROVIDE FOR THE EXPIRATION OF DEMONSTRATION NUMBERS, AND TO PROVIDE FOR THE USE OF FEE REVENUE; TO AMEND SECTION 50-23-70, AS AMENDED, RELATING TO MOTORCRAFT CERTIFICATE OF NUMBER FEES AND DECALS, SO AS TO PROHIBIT THE DEPARTMENT OF NATURAL RESOURCES FROM ISSUING DUPLICATE DECALS WHEN AD VALOREM TAXES ARE OUTSTANDING; TO AMEND SECTION 50-23-340, RELATING TO THE APPLICATION FEE FOR WATERCRAFT CERTIFICATE OF NUMBERS, SO AS TO REDUCE THE FEE TO TEN DOLLARS; TO AMEND SECTION 50-23-345, AS AMENDED, RELATING TO TEMPORARY WATERCRAFT CERTIFICATE OF NUMBERS, SO AS TO PROVIDE A CERTIFICATE OF NUMBER MAY NOT BE ISSUED UNTIL AD VALOREM TAXES ARE PAID FOR THE YEAR IN WHICH THE CERTIFICATE IS ISSUED; TO AMEND SECTION 50-23-370, AS AMENDED, RELATING TO THE EXPIRATION AND RENEWAL OF WATERCRAFT CERTIFICATES OF NUMBER, SO AS TO PROVIDE FOR THE ISSUANCE OF RENEWAL NOTICES AND PROCESSING OF RENEWALS BY COUNTY AUDITORS, AND TO MAKE RENEWALS ANNUAL INSTEAD OF EVERY THREE YEARS, AND TO PROVIDE FOR THE IMPLEMENTATION OF THESE PROVISIONS OVER A THREE-YEAR PERIOD; BY ADDING SECTION 50-23-12 SO AS TO REQUIRE THE COMPLETION OF CERTAIN CHANGE IN STATUS FORMS FOR WATERCRAFT AND OUTBOARD MOTOR TRADE-INS; BY ADDING SECTION 50-23-35 SO AS TO PROVIDE FOR THE ISSUANCE OF WATERCRAFT TITLES UPON PROVIDING EVIDENCE OF AD VALOREM TAX PAYMENT, AND TO PROVIDE EXCEPTIONS; AND BY ADDING ARTICLE 26 TO CHAPTER 37, TITLE 12 SO AS TO PROVIDE PROCEDURES CONCERNING ASSESSMENTS AND PAYMENTS FOR PROPERTY TAXATION OF BOATS AND WATERCRAFT AND THE ISSUANCE OF CERTIFICATES OF NUMBER FOR BOATS AND WATERCRAFT.

H. 4021 (Word version) -- Rep. Finlay: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO EXEMPT CERTAIN FUEL AND ELECTRICITY USED IN PERISHABLE PREPARED FOOD MANUFACTURING AND TO EXEMPT CERTAIN CLOTHING WORN AT PERISHABLE PREPARED FOOD MANUFACTURING FACILITIES.

H. 5150--RECOMMITTED

The following Bill was taken up:

H. 5150 (Word version) -- Reps. Finlay, Bannister and McCoy: A BILL TO AMEND SECTION 61-6-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUNSET PROVISION ON THE LIMITATION OF THREE RETAIL DEALER LICENSES HELD BY ONE LICENSEE, SO AS TO CHANGE THE DATE TO JULY 1, 2019.

Rep. DELLENEY moved to recommit the Bill to the Committee on Judiciary, which was agreed to.

H. 4935--POINT OF ORDER, RULE 5.10 WAIVED, AND ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 4935 (Word version) -- Reps. Felder, Douglas, Ridgeway and Bryant: A JOINT RESOLUTION TO CREATE THE "SOUTH CAROLINA PALLIATIVE CARE AND QUALITY OF LIFE STUDY COMMITTEE"; TO PROVIDE FOR THE PURPOSE, MEMBERSHIP, AND DUTIES OF THE STUDY COMMITTEE; AND FOR OTHER PURPOSES.

POINT OF ORDER

Rep. HILL made the Point of Order that the Joint Resolution 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.

RULE 5.10 WAIVED

Rep. FELDER moved to waive Rule 5.10, pursuant to Rule 5.15, which was agreed to by a division vote of 77 to 2.

Rep. FELDER explained the Joint Resolution.

The yeas and nays were taken resulting as follows:

Yeas 103; Nays 3

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Arrington              Atkinson
Atwater                Bales                  Ballentine
Bannister              Bennett                Bernstein
Blackwell              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                 Forrest
Forrester              Fry                    Funderburk
Gagnon                 Gilliard               Govan
Hamilton               Hardee                 Hayes
Henderson              Henderson-Myers        Henegan
Hewitt                 Hosey                  Howard
Jefferson              Johnson                Jordan
King                   Kirby                  Knight
Loftis                 Long                   Lowe
Lucas                  Mace                   McCoy
McCravy                McEachern              McGinnis
D. C. Moss             V. S. Moss             Murphy
W. Newton              Norrell                Ott
Parks                  Pendarvis              Pitts
Pope                   Ridgeway               M. Rivers
S. Rivers              Robinson-Simpson       Sandifer
Simrill                G. R. Smith            J. E. Smith
Sottile                Spires                 Stavrinakis
Tallon                 Taylor                 Thayer
Toole                  Trantham               West
Wheeler                White                  Whitmire
Williams               Willis                 Young
Yow

Total--103

Those who voted in the negative are:

Hill                   Magnuson               Putnam

Total--3

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

H. 4466--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up:

H. 4466 (Word version) -- Rep. Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-2-3110 SO AS TO PROVIDE THAT A COUNTY MAY ADOPT AN ORDINANCE THAT REGULATES THE OPERATION OF CERTAIN UNLICENSED VEHICLES UPON THE PUBLIC STREETS AND HIGHWAYS WITHIN ITS JURISDICTION WHEN THE VEHICLES ARE OFFERED TO THE PUBLIC FOR RENTAL ON A DAILY, WEEKLY, OR MONTHLY BASIS, AND TO PROVIDE THAT MUNICIPALITIES MAY ADOPT A SIMILAR ORDINANCE IN THE ABSENCE OF COUNTY ORDINANCES.

The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 4466 (COUNCIL\SD\4466C005. NL.SD18), which was adopted:
Amend the bill, as and if amended, by striking Section 56-2-3110, as contained in SECTION 1 and inserting:
/   Section 56-2-3110. A county in the unincorporated areas of the county or a municipality within its corporate limits may by ordinance regulate a person or entity offering mopeds for rental or lease on an hourly, daily, weekly, or monthly basis that operate upon the public streets and highways within its jurisdiction. However, this ordinance is limited to the use of safety devices and the geographic area, distance, identification of the vehicles, and specified public roadways on which the rented or leased mopeds may operate. The ordinance shall not violate existing state law.   /
Amend the bill further by adding an appropriately numbered SECTION to read:
/   SECTION ___. Section 56-2-105(F)(4) of the 1976 Code is amended by adding a new paragraph at the end of the item to read:

"Notwithstanding the provisions of this item, a county in the unincorporated areas of the county or a municipality within its corporate limits may by ordinance regulate a person or entity offering golf carts for rental or lease on an hourly, daily, weekly, or monthly basis that operate upon the public streets and highways within the jurisdiction. However, this ordinance is limited to the use of safety devices and the geographic area, distance, identification of the vehicles, and specified public roadways on which the rented or leased golf carts may operate. The ordinance shall not violate existing state law.   /
Renumber sections to conform.
Amend title to conform.

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

Rep. HIXON proposed the following Amendment No. 2 to H. 4466 (COUNCIL\AHB\4466C001.BH.AHB18), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Section 56-2-105 of the 1976 Code is amended to read:

"Section 56-2-105.   (A)   For the purposes of this section, "gated community" means any homeowners' community with at least one access controlled ingress and egress which includes the presence of a guard house, a mechanical barrier, or another method of controlled conveyance.

(B)   An individual or business owner of a vehicle commonly known as a golf cart may obtain a permit decal and registration from the Department of Motor Vehicles upon presenting proof of ownership and liability insurance for the golf cart and upon payment of a five dollar fee.

(C)   During daylight hours only:

(1)   A permitted golf cart may be operated within four miles of the golf cart owner's address on the registration certificate as provided in subsection (C)(5) and only on a secondary highway or street for which the posted speed limit is thirty-five miles an hour or less.

(2)   A permitted golf cart may be operated within four miles of a point of ingress and egress to a gated community and only on a secondary highway or street for which the posted speed limit is thirty-five miles an hour or less.

(3)   Within four miles of the registration holder's address, and while traveling along a secondary highway or street for which the posted speed limit is thirty-five miles an hour or less, a permitted golf cart may cross a highway or street at an intersection where the highway has a posted speed limit of more than thirty-five miles an hour.

(4)   A permitted golf cart may be operated along a secondary highway or street for which the posted speed limit is thirty-five miles an hour or less on an island not accessible by a bridge designed for use by automobiles.

(5)   For purposes of this subsection, the address of the golf cart owner may be the address on the golf cart registration certificate, his business address, his permanent residence, a second or vacation home, or a temporary single family rental residence. Multiple addresses of the owner as provided in this subsection are permitted for purposes of this subsection.

(D)   A person operating a permitted golf cart must be at least sixteen years of age and hold a valid driver's license. The operator of a permitted golf cart being operated on a highway or street must have in his possession:

(1)   the registration certificate issued by the department;

(2)   proof of liability insurance for the golf cart; and

(3)   his driver's license.

(E)   A golf cart permit must be replaced with a new permit every five years, or at the time the permit holder changes his address on the registration certificate.

(F)(1)   A political subdivision may, on designated streets or roads within the political subdivision's jurisdiction, reduce the area in which a permitted golf cart may operate from four miles to no less than two miles.

(2)   A political subdivision may, on primary highways, secondary highways, streets, or roads within the political subdivision's jurisdiction, create separate golf cart paths on the shoulder of its primary highways, secondary highways, streets and roads for the purpose of golf cart transportation, if:

(a)   the political subdivision obtains the necessary approvals, if any, to create the golf cart paths; and

(b)   the golf cart path is:

(i)   separated from the traffic lanes by a hard concrete curb;

(ii)   separated from the traffic lanes by parking spaces; or

(iii)   separated from the traffic lanes by a distance of four feet or more.

(3)   In a county with a population of no less than one hundred fifty thousand and no more than two hundred fifty thousand persons:

(a)   if a municipality has jurisdiction over a barrier island, the municipality may enact an ordinance allowing for the operation of a golf cart at night on designated portions of the barrier island within the municipality, provided the golf cart is equipped with working headlights and rear lights; or

(b)   if a barrier island is not within the jurisdiction of a municipality, the county in which the barrier island is located may enact an ordinance allowing for the operation of a golf cart at night on designated portions of the county, provided the golf cart is equipped with working headlights and rear lights.

If a municipality or county enacts an ordinance allowing golf carts to operate at night on a barrier island, the requirements of subsection (C), other than operation in daylight hours only, shall still apply to all permitted golf carts.

(4)(a)   A political subdivision may not reduce or otherwise amend the other restrictions placed on the operation of a permitted golf cart contained in this section.

(b)   A political subdivision may not, under any circumstances, require an additional permit to operate a golf cart within its jurisdiction. Any ordinance, law, or rule in existence as of the effective date of this subitem providing for an additional permit to operate a golf cart shall have no force and effect of law.

(c)   Notwithstanding the provisions of this item, a county in the unincorporated areas of the county or a municipality within its corporate limits may by ordinance regulate a person or entity offering golf carts for rental or lease on an hourly, daily, weekly, or monthly basis that operate upon the public streets and highways within the jurisdiction. However, this ordinance is limited to the use of safety devices and the geographic area, distance, identification of the vehicles, and specified public roadways on which the rented or leased golf carts may operate. Nothing in this ordinance may conflict with or exceed existing limitations of state law.

(G)   The provisions of this section that restrict the use of a golf cart to certain streets, certain hours, and certain distances shall not apply to a golf cart used by a public safety agency in connection with the performance of its duties.
SECTION   2.   Article 3, Chapter 2, Title 56 of the 1976 Code is amended by adding:

Section 56-2-3110.   A county in the unincorporated areas of the county or a municipality within its corporate limits may by ordinance regulate a person or entity offering mopeds for rental or lease on an hourly, daily, weekly, or monthly basis that operate upon the public streets and highways within its jurisdiction. However, this ordinance is limited to the use of safety devices and the geographic area, distance, identification of the vehicles, and specified public roadways on which the rented or leased mopeds may operate. Nothing in this ordinance may conflict with or exceed existing limitations of state law.
SECTION   3.   this act takes effect upon approval by the Governor. /   Renumber sections to conform.
Amend title to conform.

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

Rep. BAMBERG spoke against the Bill.

Further proceedings were interrupted by time expiring on the uncontested calendar, the pending question being consideration of the Bill.

RECURRENCE TO THE MORNING HOUR

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

H. 4466--REQUEST FOR DEBATE AND POINT OF ORDER

Debate was resumed on the following Bill, the pending question being the consideration of the Bill:

H. 4466 (Word version) -- Rep. Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-2-3110 SO AS TO PROVIDE THAT A COUNTY MAY ADOPT AN ORDINANCE THAT REGULATES THE OPERATION OF CERTAIN UNLICENSED VEHICLES UPON THE PUBLIC STREETS AND HIGHWAYS WITHIN ITS JURISDICTION WHEN THE VEHICLES ARE OFFERED TO THE PUBLIC FOR RENTAL ON A DAILY, WEEKLY, OR MONTHLY BASIS, AND TO PROVIDE THAT MUNICIPALITIES MAY ADOPT A SIMILAR ORDINANCE IN THE ABSENCE OF COUNTY ORDINANCES.

Rep. BAMBERG spoke against the Bill.

Rep. CROSBY requested debate on the Bill.

POINT OF ORDER

Rep. HART 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. 4480--REQUEST FOR DEBATE AND POINT OF ORDER

The following Bill was taken up:

H. 4480 (Word version) -- Reps. Taylor, Allison, Jefferson, Cogswell, McCravy, Henderson-Myers, Clary, Tallon, Spires, Toole, Knight and Henegan: A BILL TO AMEND SECTION 56-5-3890, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF A WIRELESS COMMUNICATIONS DEVICE WHILE OPERATING A MOTOR VEHICLE, SO AS TO REVISE THE DEFINITION OF CERTAIN TERMS, TO REVISE THE CIRCUMSTANCES WHEN IT IS UNLAWFUL TO USE A WIRELESS DEVICE, TO REVISE THE PENALTIES, TO CREATE THE OFFENSE OF DRIVING UNDER THE INFLUENCE OF AN ELECTRONIC DEVICE, TO DELETE THE PROVISION THAT PROHIBITS A LAW ENFORCEMENT OFFICER FROM STOPPING A PERSON FOR A VIOLATION OF THIS SECTION UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL MAINTAIN STATISTICAL INFORMATION REGARDING CITATIONS ISSUED PURSUANT TO THIS SECTION; AND TO AMEND SECTION 56-1-720, AS AMENDED, RELATING TO THE POINT SYSTEM ESTABLISHED FOR THE EVALUATION OF THE DRIVING RECORD OF PERSONS OPERATING MOTOR VEHICLES, SO AS TO PROVIDE THAT DRIVING UNDER THE INFLUENCE OF AN ELECTRONIC DEVICE SECOND OR SUBSEQUENT OFFENSE IS A TWO-POINT VIOLATION.

Rep. TAYLOR requested debate on the Bill.

POINT OF ORDER

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

H. 5027--POINT OF ORDER AND RULE 5.10 NOT WAIVED

The following Bill was taken up:

H. 5027 (Word version) -- Reps. Pendarvis, McCoy, Rutherford, Bamberg, King, Murphy, McKnight, Bernstein, Stavrinakis, Weeks and Gilliard: A BILL TO AMEND SECTION 56-1-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERM "HABITUAL OFFENDER", SO AS TO PROVIDE THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR FAILURE TO PAY A TRAFFIC TICKET SHALL NOT CONSTITUTE A CONVICTION OF AN OFFENSE THAT WOULD RESULT IN THE PERSON BEING CONSIDERED AN "HABITUAL OFFENDER".

Rep. PENDARVIS explained the Bill.

POINT OF ORDER

Rep. WHITE 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.

RULE 5.10 NOT WAIVED

Rep. PENDARVIS moved to waive Rule 5.10, pursuant to Rule 5.15, which was not agreed to by a division vote of 39 to 38.

H. 3208--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3208 (Word version) -- Reps. Pope, Elliott, West, Crosby, Bryant, W. Newton, Johnson and Duckworth: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 8, TITLE 16 ENTITLED "TERRORISM", TO PROVIDE FOR THE OFFENSE OF FURTHERING TERRORISM, DEFINE THE ELEMENTS OF THE OFFENSE, AND TO PROVIDE A PENALTY; TO CREATE THE OFFENSE OF MATERIAL OR FINANCIAL SUPPORT OF AN ACT OF TERRORISM OR CONCEALMENT OF THE ACTIONS OR PLANS OF ANOTHER TO CARRY OUT AN ACT OF TERRORISM, DEFINE THE ELEMENTS OF THE OFFENSE, AND TO PROVIDE A PENALTY; AND TO PROVIDE FOR THE SEIZURE AND FORFEITURE OF REAL AND PERSONAL PROPERTY USED IN CONNECTION WITH AN OFFENSE CONTAINED IN THE ARTICLE.

Rep. POPE proposed the following Amendment No. 1 to H. 3208 (COUNCIL\AHB\3208C001.BH.AHB18), which was adopted:
Amend the bill, as and if amended, SECTION 1, by deleting Section 16-8-510(C) and inserting:
/   (C)   A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned for not more than thirty years. A violation of this section is considered a separate offense from another underlying offense and must be served consecutively to any sentence imposed on an underlying offense.     /
Amend the bill further, as and if amended, SECTION 1, by deleting Section 16-8-520(C) and inserting:
/   (C)   A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty years.   /
Renumber sections to conform.
Amend title to conform.

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

Rep. POPE explained the Bill.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 111; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Arrington              Atkinson               Atwater
Bales                  Ballentine             Bannister
Bennett                Bernstein              Blackwell
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                 Forrest                Forrester
Fry                    Funderburk             Gagnon
Gilliard               Govan                  Hamilton
Hardee                 Hart                   Hayes
Henderson              Henderson-Myers        Henegan
Hewitt                 Hill                   Hosey
Howard                 Huggins                Jefferson
Johnson                Jordan                 King
Kirby                  Knight                 Loftis
Long                   Lowe                   Lucas
Mace                   Magnuson               McCoy
McCravy                McEachern              McGinnis
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       Sandifer               Simrill
G. M. Smith            G. R. Smith            J. E. Smith
Sottile                Spires                 Stavrinakis
Tallon                 Taylor                 Thayer
Thigpen                Toole                  Trantham
Weeks                  West                   Wheeler
White                  Whitmire               Williams
Willis                 Young                  Yow

Total--111

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. 4698--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4698 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 40-47-32, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION REQUIREMENTS TO OBTAIN A LICENSE TO PRACTICE MEDICINE IN THE STATE, SO AS TO WAIVE CERTAIN ADDITIONAL EXAMINATION REQUIREMENTS FOR APPLICANTS WHO ARE TO PRACTICE IN A POSITION WITHIN THE DISABILITY DETERMINATION SERVICES UNIT OF THE STATE AGENCY OF VOCATIONAL REHABILITATION.

Rep. PARKS explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 110; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Arrington              Atkinson               Atwater
Bales                  Ballentine             Bannister
Bennett                Bernstein              Blackwell
Bradley                Brawley                Brown
Bryant                 Burns                  Chumley
Clary                  Clemmons               Clyburn
Cobb-Hunter            Cogswell               Cole
Collins                Crawford               Crosby
Daning                 Davis                  Delleney
Dillard                Douglas                Duckworth
Elliott                Erickson               Felder
Forrest                Forrester              Fry
Funderburk             Gagnon                 Gilliard
Govan                  Hamilton               Hardee
Hart                   Hayes                  Henderson
Henderson-Myers        Henegan                Hewitt
Hill                   Hosey                  Howard
Huggins                Jefferson              Johnson
Jordan                 King                   Kirby
Knight                 Loftis                 Long
Lowe                   Lucas                  Mace
Magnuson               McCoy                  McCravy
McEachern              McGinnis               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
Sandifer               Simrill                G. M. Smith
G. R. Smith            J. E. Smith            Sottile
Spires                 Stavrinakis            Tallon
Taylor                 Thayer                 Thigpen
Toole                  Trantham               Weeks
West                   Wheeler                White
Whitmire               Williams               Willis
Young                  Yow

Total--110

Those who voted in the negative are:

Total--0

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

LEAVE OF ABSENCE

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

H. 4486--POINT OF ORDER, RULE 5.10 WAIVED, AND REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4486 (Word version) -- Reps. Henderson, Elliott, W. Newton, Govan, Erickson and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "RECOGNITION OF EMERGENCY MEDICAL SERVICES PERSONNEL LICENSURE INTERSTATE COMPACT ACT" BY ADDING ARTICLE 7 TO CHAPTER 61, TITLE 44 SO AS TO AUTHORIZE THE STATE OF SOUTH CAROLINA TO JOIN THE RECOGNITION OF EMERGENCY MEDICAL SERVICES PERSONNEL LICENSURE INTERSTATE COMPACT IN ORDER TO FACILITATE THE DAY-TO-DAY MOVEMENT OF EMERGENCY MEDICAL SERVICES (EMS) PERSONNEL ACROSS STATE BOUNDARIES IN THE PERFORMANCE OF THEIR ASSIGNED EMS DUTIES AND TO AFFORD IMMEDIATE LEGAL RECOGNITION TO EMS PERSONNEL IN A MEMBER STATE; TO ESTABLISH CERTAIN EMS LICENSURE REQUIREMENTS UNDER THE COMPACT; TO PROVIDE FOR THE PRIVILEGE OF EMS PERSONNEL TO PRACTICE IN ANOTHER MEMBER STATE AND IN REMOTE STATES, WITH EXCEPTIONS, AND TO ESTABLISH CERTAIN LIMITATIONS ON THE APPLICATION OF THE COMPACT DURING A STATE OF EMERGENCY; TO PROVIDE CERTAIN LIMITATIONS ON THE PRIVILEGE TO PRACTICE UNDER THE COMPACT WHEN AN INDIVIDUAL'S LICENSE IS SUSPENDED OR OTHERWISE RESTRICTED AND TO ENABLE A MEMBER STATE TO TAKE ADVERSE ACTIONS AGAINST AN INDIVIDUAL'S LICENSE IN CERTAIN CIRCUMSTANCES; TO GRANT CERTAIN POWERS TO THE STATE'S EMS AUTHORITY; TO ESTABLISH THE INTERSTATE COMMISSION FOR EMS PERSONNEL PRACTICE AND TO PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND AUTHORITY; TO PROVIDE FOR ENFORCEMENT OF THE COMPACT BY MEMBER STATES AND FOR DISPUTE RESOLUTION; AND FOR OTHER PURPOSES; AND TO AMEND SECTION 44-61-20, RELATING TO TERMS DEFINED IN THE "EMERGENCY MEDICAL SERVICES ACT OF SOUTH CAROLINA", SO AS TO CHANGE THE DEFINITION OF "INVESTIGATIVE REVIEW COMMITTEE".

Rep. PARKS explained the Bill.

Rep. HILL spoke against the Bill.

POINT OF ORDER

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

RULE 5.10 WAIVED

Rep. PARKS moved to waive Rule 5.10, pursuant to Rule 5.15, which was agreed to by a division vote of 53 to 20.

Reps. HILL, FRY, CRAWFORD, ATWATER, TOOLE, DANING, TRANTHAM, LONG and HEWITT requested debate on the Bill.

H. 3775--INTERRUPTED DEBATE

The following Bill was taken up:

H. 3775 (Word version) -- Reps. Knight, Delleney, Cobb-Hunter, Felder, J. E. Smith, Simrill, Douglas, West, Wheeler, Thigpen, Williams, McEachern, Johnson, Pitts, Ridgeway, Rutherford, Henegan, Collins, Brawley and King: A BILL TO AMEND SECTION 44-63-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING IN PART TO ORIGINAL BIRTH CERTIFICATES OF ADOPTED PERSONS, SO AS TO ALLOW AN ADULT ADOPTEE TWENTY-ONE YEARS OF AGE OR OLDER TO OBTAIN A COPY OF THE ADOPTEE'S OWN ORIGINAL BIRTH CERTIFICATE, TO ALLOW A BIOLOGICAL PARENT TO EXECUTE A CONTACT PREFERENCE FORM AT ANY TIME TO BE PROVIDED TO THE ADULT ADOPTEE WITH THE COPY OF THE ORIGINAL BIRTH CERTIFICATE, AND TO PROVIDE FOR THE SUBMISSION OF A MEDICAL HISTORY FORM BY A BIOLOGICAL PARENT.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 to H. 3775 (COUNCIL \VR\3775C001.NBD.VR18):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Section 44-63-140(1) of the 1976 Code is amended to read:

"(1)(a)   For a person born in this State, the state registrar shall prepare a supplementary Certificate of Birth in the name of the adoptee, free of any reference to or indication of the fact that the child was adopted and showing the adoptive parents as the real parents, except that an adoption of an adult must display the words 'By Adoption' on the face of the amended certificate.

The state registrar shall furnish a copy of the amended certificate to the county registrar who shall file the amended certificate in lieu of the copy of the original birth certificate. The state registrar shall require the county registrar to return the copy of the original certificate recorded at the county office to the state office to be placed in the special sealed file. Periodically, the state registrar shall transmit copies of amendatory certificates to the county registrar in the county of birth.

(b)   The original birth certificate and the evidence of adoption are not subject to inspection, except upon order of a court of competent jurisdiction. However, a person twenty-one years of age or older who was born in the State of South Carolina and who has had his original certificate of birth sealed due to an adoption may, upon written request to the state registrar, receive a copy of his orginal birth certificate and any evidence of the adoption held with the original record. The copy of the original birth certificate must be in a form that clearly indicates it is not a certified copy and that it may not be used for legal purposes. All procedures, fees, and waiting periods applicable to nonadopted citizens born in the State of South Carolina seeking copies of certificates of birth apply.

(c)   The department shall develop a contact preference form and a medical history form to provide to a biological parent upon request to be completed at his option. Upon completion, a contact preference form and a medical history form must be filed with the state registrar and accompany an original sealed birth certificate issued to an adoptee pursuant to subitem (b).

(d)   The contact preference form must allow the biological parent to indicate whether he has completed or updated a medical history form and must allow the biological parent to choose one of the following contact options and provide contact information as appropriate:

(1)   I would like to be contacted.

(2)   I would prefer to be contacted only through an intermediary.

(3)   I prefer not to be contacted at this time. If I decide later that I would like to be contacted, I will submit an updated contact preference form to the state registrar.

Only department staff authorized to process applications made pursuant to subitem (b) may process contact preference and medical history forms.

(e)   The medical history form and contact preference form are confidential communications from the biological parent to the person named on the sealed birth certificate and must be placed in a sealed file upon receipt from the biological parent in the file containing the sealed original birth certificate. The sealed file containing the contact preference form and medical history form must be released to an adoptee requesting the adoptee's own original birth certificate pursuant to subitem (b). The contact preference form and medical history form are private communications from the biological parent to the adoptee named on the sealed birth certificate, and the state registrar shall retain a copy of the forms upon release to the adoptee."
SECTION   2.   Immediately upon enactment, the Office of the State Registrar of the Department of Health and Environmental Control shall conduct a public service campaign to inform the public of the provisions of the act, including the right of an adult adoptee age twenty-one years or older to obtain a copy of the adoptee's own original birth certificate and medical history provided by a biological parent and the right of a biological parent to execute a contact preference form indicating whether or not the biological parent would like to have contact with the adult adoptee.
SECTION 3.   This act takes effect one year after approval by the Governor and applies only to adoptions finalized after that date.   /
Renumber sections to conform.
Amend title to conform.

Rep. ROBINSON-SIMPSON explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1.

H. 4182--REQUEST FOR DEBATE WITHDRAWN

Rep. G. R. SMITH withdrew his request for debate on H. 4182 (Word version); however, other requests for debate remained on the Bill.

S. 340--DEBATE ADJOURNED ON MOTION
TO RECONSIDER

Rep. SIMRILL moved to adjourn debate on the motion to reconsider until Thursday, April 5, which was agreed to.

S. 1038--RECALLED FROM COMMITTEE ON
WAYS AND MEANS

On motion of Rep. COBB-HUNTER, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

S. 1038 (Word version) -- Senators Hutto and J. Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-10-390 SO AS TO PROVIDE THAT FOR ANY COUNTY WHICH BEGAN THE REIMPOSITION OF A CAPITAL PROJECTS SALES TAX ON APRIL 1, 2013, AND REIMPOSED THE TAX AT THE 2016 GENERAL ELECTION, THE REIMPOSED TAX THAT COMMENCED ON APRIL 1, 2013, IS EXTENDED UNTIL APRIL 30, 2020, AND THE COMMENCEMENT OF THE TAX THAT WAS REIMPOSED AT THE 2016 GENERAL ELECTION IS DELAYED UNTIL MAY 1, 2020, AND EXPIRES ON APRIL 30, 2027.

H. 3177--RECALLED FROM COMMITTEE ON JUDICIARY

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

H. 3177 (Word version) -- Reps. Clemmons, G. R. Smith, Bedingfield and Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-31-60 SO AS TO REQUIRE THAT ON THE EFFECTIVE DATE OF THIS ACT RECOGNIZED NATIVE AMERICAN INDIAN GROUPS CONTINUE TO BE RECOGNIZED AND ELIGIBLE TO EXERCISE PRIVILEGES AND OBLIGATIONS AUTHORIZED BY THAT DESIGNATION, THAT THE COMMISSION FOR MINORITY AFFAIRS CEASE TO RECOGNIZE ADDITIONAL NATIVE AMERICAN INDIAN GROUPS, THAT ANY REGULATIONS PROVIDING FOR RECOGNITION AS A NATIVE AMERICAN INDIAN GROUP ARE REPEALED, AND THAT THE COMMISSION REVISE ITS REGULATIONS TO PROVIDE FOR THE PRIVILEGES AND OBLIGATIONS OF NATIVE AMERICAN INDIAN GROUPS THAT CONTINUE TO BE RECOGNIZED.

H. 4913--RECALLED FROM COMMITTEE ON
EDUCATION AND PUBLIC WORKS

On motion of Rep. M. RIVERS, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:

H. 4913 (Word version) -- Reps. M. Rivers, Herbkersman, W. Newton, J. E. Smith, Cobb-Hunter, Gilliard, Bamberg, Thigpen, Kirby, Hosey, Williams, Henegan, Alexander, Weeks, Jefferson, Robinson-Simpson, Caskey, Brown, Dillard, Hart, Howard, Murphy, Pendarvis and Erickson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-220 SO AS TO DESIGNATE THE SECOND SATURDAY OF NOVEMBER OF EACH YEAR AS "PENN CENTER HERITAGE DAY" IN SOUTH CAROLINA.

H. 4654--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 4654 (Word version) -- Reps. Sandifer and Spires: A BILL TO AMEND SECTION 38-43-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING REQUIREMENTS FOR INDIVIDUAL AND AGENCY INSURANCE PRODUCERS, SO AS TO REQUIRE AN APPLICANT TO PROVIDE A COMPLETE SET OF FINGERPRINTS WITH THE APPLICATION, TO PROVIDE THAT FAILURE TO PROVIDE A COMPLETE SET OF FINGERPRINTS CONSTITUTES GROUNDS FOR DENIAL OF AN APPLICATION, AND TO PROVIDE EXCEPTIONS TO THE FINGERPRINTING REQUIREMENT UNDER CERTAIN CIRCUMSTANCES.

Rep. SANDIFER explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 99; Nays 0

Those who voted in the affirmative are:

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

Total--99

Those who voted in the negative are:

Total--0

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4727--DEBATE ADJOURNED

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

H. 4727 (Word version) -- Reps. White, Hardee, Yow, Huggins, Jefferson, Hosey, Anderson, West, Hewitt, Finlay, Ott, Duckworth, Sandifer, Davis, Clary, B. Newton, J. E. Smith, Rutherford, Bernstein, W. Newton, Herbkersman, McCoy, Lowe, Elliott and S. Rivers: A BILL TO AMEND SECTION 48-59-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF THE SOUTH CAROLINA CONSERVATION BANK, SO AS TO EXTEND VOTING PRIVILEGES TO CERTAIN MEMBERS AND TO PROHIBIT CERTAIN MEMBERS FROM SERVING AS CHAIRMAN; TO AMEND SECTION 48-59-50, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA CONSERVATION BANK, SO AS TO REQUIRE THE BANK TO DEVELOP CRITERIA AND A CONSERVATION PRIORITIZATION MAP, AND TO PROHIBIT THE AWARD OF A GRANT OR LOAN UNLESS THE FUNDS ARE PRESENTLY AVAILABLE IN THE TRUST FUND; TO AMEND SECTION 48-59-70, RELATING TO GRANTS OR LOANS FOR LAND INTERESTS, SO AS TO EXPAND THE CONSERVATION CRITERIA TO INCLUDE THE VALUE OF THE PROPOSAL FOR ACCESS TO THE PUBLIC, TO REQUIRE CERTAIN ACCESS DISCLOSURES ON A GRANT OR LOAN APPLICATION, AND TO PROHIBIT THE PURCHASE OF A CONSERVATION EASEMENT FOR MORE THAN FIVE HUNDRED THOUSAND DOLLARS; TO REPEAL SECTION 12-24-95 RELATING TO THE PORTION OF THE DEED RECORDING FEE CREDITED TO THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND; AND TO REPEAL SECTION 7 OF ACT 200 OF 2002 RELATING TO THE REQUIREMENT TO PERIODICALLY REAUTHORIZE THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND.
Rep. WHITE moved to adjourn debate upon the Senate Amendments until Tuesday, April 17, which was agreed to.

H. 3591--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

H. 3591 (Word version) -- Reps. Govan, J. E. Smith, Allison, Erickson, G. R. Smith, Felder, Douglas, Martin, Ridgeway, Robinson-Simpson, Yow, Williams, Wheeler, Loftis, D. C. Moss, Henegan, Ryhal, Jordan, Fry, Ballentine, Henderson, Crawford, S. Rivers, Herbkersman, W. Newton, Anthony, Lowe, Arrington, Thayer, Duckworth, Putnam, Gagnon, White, Simrill, McCoy, Stavrinakis, Elliott, Daning, Crosby, Sottile, Cogswell, Neal, McKnight, Hart, McEachern, West, Bamberg, Anderson, Hayes, Norrell, Cobb-Hunter, Davis, B. Newton, Ott, Hosey, Knight, Jefferson, Brown and Gilliard: A BILL TO AMEND SECTION 59-152-32, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BENCHMARKS AND OBJECTIVES REQUIRED AS PART OF THE FIRST STEPS TO SCHOOL READINESS COMPREHENSIVE LONG-RANGE INITIATIVE, SO AS TO PROVIDE THE BENCHMARKS AND OBJECTIVES MUST BE APPROVED BY THE FIRST STEPS TO SCHOOL READINESS BOARD OF TRUSTEES AND POSTED ON THE INTERNET WEBSITE OF THE STATE OFFICE OF FIRST STEPS TO SCHOOL READINESS; TO AMEND SECTION 59-152-33, RELATING TO THE FIRST STEPS TO SCHOOL READINESS ASSESSMENT, SO AS TO IMPOSE CERTAIN REQUIREMENTS FOR REPORTING AND USE OF THE RESULTS OF THE ASSESSMENT; TO AMEND SECTION 59-152-50, AS AMENDED, RELATING TO MISCELLANEOUS REPORTING REQUIREMENTS, SO AS TO REVISE THE REQUIREMENTS; TO AMEND SECTION 59-152-70, AS AMENDED, RELATING TO FIRST STEP PARTNERSHIP BOARDS, SO AS TO PROVIDE THE STATE OFFICE OF FIRST STEPS TO SCHOOL READINESS ANNUALLY SHALL PUBLISH THE COMPREHENSIVE PLANS OF THESE BOARDS ON THE INTERNET WEBSITE OF THE OFFICE, TO LIMIT THE PERIOD OF TIME IN WHICH LOCAL OFFICES MAY INCREASE THEIR ESTABLISHED OVERHEAD COST RATES, AND TO PROVIDE LOCAL PARTNERSHIPS THAT ARE NOT PART OF MULTICOUNTY PARTNERSHIPS AND EXCEED THEIR OVERHEAD COST RATES ARE INELIGIBLE TO RECEIVE STATE FUNDS; TO AMEND SECTION 63-11-1710, RELATING TO THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS BOARD OF TRUSTEES, SO AS TO REQUIRE THE BOARD ANNUALLY TO PROVIDE ACCOUNTABILITY REPORTS REQUIRED OF STATE AGENCIES; TO AMEND SECTION 63-11-1720, AS AMENDED, RELATING TO THE STATE OFFICE OF FIRST STEPS STUDY COMMITTEE, SO AS TO DELETE PROVISIONS CONCERNING THE COMMITTEE AND TO PROVIDE FOR LEGISLATIVE REVIEW OF THE STATE OFFICE OF FIRST STEPS TO SCHOOL READINESS IF THE OFFICE IS NOT REVIEWED BY THE HOUSE AND SENATE OVERSIGHT COMMITTEES WITHIN A PROSCRIBED TIME PERIOD; TO AMEND SECTION 63-11-1740, AS AMENDED, RELATING TO THE ADMINISTRATION OF THE STATE OFFICE OF FIRST STEPS TO SCHOOL READINESS, SO AS TO REQUIRE THE BOARD TO SUBMIT JUSTIFICATIONS AND RECOMMENDATIONS REGARDING THE SALARY OF ITS EXECUTIVE DIRECTOR TO THE AGENCY HEAD SALARY COMMISSION; AND TO REPEAL SECTION 63-11-1735 RELATING TO THE BABYNET INTERAGENCY EARLY INTERVENTION SYSTEM.

Rep. ALLISON explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 108; Nays 1

Those who voted in the affirmative are:

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

Total--108

Those who voted in the negative are:

Pitts

Total--1

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4376--SENT TO THE SENATE

The following Bill was taken up:

H. 4376 (Word version) -- Reps. McCoy, Ott, Lucas, Anderson, Ballentine, Blackwell, Caskey, Crawford, Crosby, Davis, Finlay, Forrester, Gilliard, Hardee, Henegan, Hixon, Mack, Pope, Rutherford, J. E. Smith, Sandifer, Stavrinakis, Erickson, Huggins, W. Newton, Bales, Young, McEachern, Clary, Tallon, Brown, Robinson-Simpson, V. S. Moss, Bennett, Arrington, Daning, Govan, Weeks, Henderson, Henderson-Myers and King: A BILL TO AMEND SECTION 58-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE THAT THE TERMS OF ALL PRESENT MEMBERS OF THE BOARD SHALL EXPIRE ON THE EFFECTIVE DATE OF THIS SECTION AT WHICH TIME NEW MEMBERS OF THE BOARD WITH SPECIFIED QUALIFICATIONS SHALL BE APPOINTED IN THE MANNER PROVIDED IN THE SECTION, AND TO PROVIDE FOR RELATED MATTERS PERTAINING TO THE RECONSTITUTED BOARD; BY ADDING SECTION 58-31-25 SO AS TO PROVIDE THAT NEW OR REVISED ELECTRIC RATES AND CHARGES OF THE PUBLIC SERVICE AUTHORITY AS PROPOSED BY THE AUTHORITY MUST BE SUBMITTED TO THE PUBLIC SERVICE COMMISSION FOR APPROVAL AND DETERMINED BY THE COMMISSION IN THE MANNER PROVIDED BY ARTICLE 7, CHAPTER 27, TITLE 58 AS SUPPLEMENTED BY ANY OTHER APPLICABLE PROVISIONS OF LAW; TO AMEND SECTION 58-31-30, RELATING TO THE POWERS AND DUTIES OF THE PUBLIC SERVICE AUTHORITY AND ITS BOARD OF DIRECTORS, SO AS TO REVISE THE POWER OF THE AUTHORITY TO FIX RATES AND CHARGES SO THAT NEW AND REVISED RATES AND CHARGES SHALL BE SUBJECT TO THE JURISDICTION AND APPROVAL OF THE PUBLIC SERVICE COMMISSION AND THAT NO NEW RATES OR REVISED CHARGES MAY BE IMPOSED OR APPROVED FOR THE PURPOSE OF PAYING ANY OF THE ABANDONMENT COSTS OF THE TWO NEW NUCLEAR REACTORS CONSTRUCTED PURSUANT TO THE BASE LOAD REVIEW ACT; AND TO AMEND SECTION 58-31-360, RELATING TO THE STATE OF SOUTH CAROLINA'S COVENANTS WITH HOLDERS OF BONDED OR OTHER INDEBTEDNESS OF THE AUTHORITY, SO AS TO CLARIFY AND FURTHER PROVIDE FOR THESE COVENANTS AS A RESULT OF THE ABANDONMENT OF THE TWO NUCLEAR REACTORS REFERRED TO ABOVE.

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

Yeas 97; Nays 11

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Arrington              Atwater                Bales
Ballentine             Bamberg                Bannister
Bennett                Bernstein              Blackwell
Bowers                 Bradley                Brawley
Brown                  Bryant                 Burns
Caskey                 Clary                  Clyburn
Cobb-Hunter            Cogswell               Cole
Collins                Crosby                 Delleney
Dillard                Douglas                Elliott
Erickson               Felder                 Forrest
Forrester              Funderburk             Gagnon
Gilliard               Govan                  Hamilton
Hart                   Hayes                  Henderson
Henderson-Myers        Henegan                Hill
Hosey                  Howard                 Huggins
Jefferson              King                   Kirby
Knight                 Loftis                 Long
Lowe                   Lucas                  Mace
Mack                   Magnuson               Martin
McCoy                  McCravy                McEachern
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            Sottile                Spires
Stavrinakis            Tallon                 Taylor
Thayer                 Thigpen                Toole
Trantham               Weeks                  West
Wheeler                White                  Young
Yow

Total--97

Those who voted in the negative are:

Atkinson               Clemmons               Crawford
Daning                 Duckworth              Fry
Hardee                 Hewitt                 Johnson
Jordan                 McGinnis

Total--11

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

RECORD FOR VOTING

I was in the Chamber and voted on H. 4376; however, my voting card malfunctioned and it did not register my vote. I wish for the record to show that I voted in favor of the Bill.

Rep. Dennis Moss

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on H. 4376. If I had been present, I would have voted in favor the Bill.

Rep. William R. Whitmire

H. 4618--SENT TO THE SENATE

The following Bill was taken up:

H. 4618 (Word version) -- Reps. Willis, Elliott and Allison: A BILL TO AMEND SECTION 56-3-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND USE OF DEALER AND WHOLESALER LICENSE PLATES, SO AS TO REDUCE THE MINIMUM NUMBER OF MOTOR VEHICLE SALES A DEALER MUST MAKE BEFORE HE MAY BE ISSUED A DEALER PLATE AND THE NUMBER OF MOTOR VEHICLES HE MUST SELL BEFORE HE MAY BE ISSUED ADDITIONAL DEALER PLATES, AND TO REDUCE THE NUMBER OF MOTOR VEHICLES THAT MUST BE SOLD BY A DEALER PARTICIPATING IN A MANUFACTURER PROGRAM TO OBTAIN ADDITIONAL PLATES.

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

MOTION PERIOD

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

H. 3722--DEBATE ADJOURNED

The following Bill was taken up:

H. 3722 (Word version) -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED HEREBY, AND TO PROVIDE THAT THE PROVISIONS OF SECTION 2-7-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, DO NOT APPLY TO THE PROVISIONS OF THIS ACT.

Rep. WHITE moved to adjourn debate on the Bill until Tuesday, April 17, which was agreed to.

H. 4380--RECOMMITTED

The following Bill was taken up:

H. 4380 (Word version) -- Reps. McCoy, Ott, Lucas, Anderson, Ballentine, Blackwell, Caskey, Crawford, Crosby, Davis, Finlay, Forrester, Gilliard, Hardee, Henegan, Hixon, Mack, Pope, Rutherford, J. E. Smith, Sandifer, Stavrinakis, Erickson, Huggins, W. Newton, Bales, McEachern, Clary, Tallon, Brown, Robinson-Simpson, V. S. Moss, Clyburn, Bennett, Daning, Govan, Weeks, Henderson and Henderson-Myers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-27-875 SO AS TO PROVIDE THE PUBLIC SERVICE COMMISSION SHALL ORDER REFUNDS TO RATEPAYERS OF AMOUNTS COLLECTED FOR COSTS ATTRIBUTED TO PROJECTS CONSTRUCTED UNDER THE PROVISIONS OF THE BASE LOAD REVIEW ACT IN SPECIFIC CIRCUMSTANCES; TO PROVIDE UTILITIES BEAR THE BURDEN OF PROVING THAT COLLECTED COSTS MAY BE RECOVERABLE UNDER STATE LAW; AND TO PROVIDE THE COMMISSION SHALL ORDER SUCH REFUNDS ON JUST AND REASONABLE BASES AND MAY MAKE SUCH REFUNDS BY ESTABLISHING CREDITS TO RATEPAYERS OVER PERIODS OF TIME AND UNDER CONDITIONS THAT ARE JUST AND REASONABLE.

Rep. MCCOY moved to recommit the Bill to the Committee on Judiciary, which was agreed to.

Rep. JEFFERSON moved that the House recede until 1:15 p.m., which was agreed to.

THE HOUSE RESUMES

At 1:15 p.m. the House resumed, Acting SPEAKER JOHNSON in the Chair.

POINT OF QUORUM

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

SPEAKER IN CHAIR

LEAVE OF ABSENCE

The SPEAKER granted Rep. ERICKSON a temporary leave of absence due to a prior commitment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. BRADLEY a temporary leave of absence due to a prior commitment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. W. NEWTON a temporary leave of absence due to a prior commitment.

SPEAKER PRO TEMPORE IN CHAIR

H. 4836--REJECTED

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.

Reps. BRAWLEY and TRANTHAM proposed the following Amendment No. 1 to H. 4836 (COUNCIL\CZ\4836C001.NBD.CZ18), which was tabled:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION   1.   Article 3, Chapter 11, Title 49 of the 1976 Code is amended by adding:

"Section 49-11-236.   (A)   The provisions of this section are enacted for the purpose of protecting the public health and safety of the citizens of this State.

(B)   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. 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.

(C)   The provisions of this section apply to Zeigler Road in Richland County." /
Renumber sections to conform.
Amend title to conform.

Rep. BRAWLEY explained the amendment.

Rep. BRAWLEY spoke in favor of the amendment.

Rep. V. S. MOSS moved to table the amendment, which was agreed to.
Rep. OTT spoke in favor of the Bill.
Rep. BURNS spoke in favor of the Bill.

Rep. BOWERS proposed the following Amendment No. 2 to H. 4836 (COUNCIL\AHB\4836C001.BH.AHB18), which was tabled:
Amend the bill, as and if amended, by deleting Section 49-11-236(B), as contained in SECTION 1, and inserting:
/   (B)   If a dam which failed or suffered a breach between October 1, 2015, and October 15, 2015, or as a result of Hurricane Matthew in October 2016, 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. 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. /
Renumber sections to conform.
Amend title to conform.

Rep. BOWERS explained the amendment.

Rep. V. S. MOSS moved to table the amendment.

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

Yeas 79; Nays 31

Those who voted in the affirmative are:

Allison                Arrington              Atkinson
Atwater                Bales                  Ballentine
Bannister              Bennett                Blackwell
Bryant                 Burns                  Caskey
Chumley                Clary                  Clemmons
Cogswell               Cole                   Collins
Crawford               Crosby                 Daning
Davis                  Delleney               Dillard
Duckworth              Elliott                Erickson
Felder                 Finlay                 Forrest
Forrester              Fry                    Gagnon
Hamilton               Hardee                 Hayes
Henegan                Hewitt                 Hill
Huggins                Jefferson              Johnson
Jordan                 Kirby                  Loftis
Long                   Lowe                   Lucas
Mace                   Magnuson               Martin
McCoy                  McCravy                McGinnis
D. C. Moss             V. S. Moss             Murphy
B. Newton              W. Newton              Ott
Pope                   Putnam                 S. Rivers
Simrill                G. M. Smith            G. R. Smith
Sottile                Spires                 Stavrinakis
Tallon                 Taylor                 Thayer
Toole                  West                   White
Whitmire               Williams               Young
Yow

Total--79

Those who voted in the negative are:

Alexander              Anderson               Bamberg
Bernstein              Bowers                 Bradley
Brawley                Brown                  Clyburn
Cobb-Hunter            Douglas                Funderburk
Gilliard               Govan                  Henderson-Myers
Hosey                  Howard                 King
Knight                 Mack                   McEachern
Norrell                Parks                  Pendarvis
Ridgeway               M. Rivers              Robinson-Simpson
Sandifer               J. E. Smith            Trantham
Weeks

Total--31

So, the amendment was tabled.

Rep. FINLAY spoke against the Bill.
Rep. WILLIAMS spoke in favor of the Bill.
Rep. V. S. MOSS spoke in favor of the Bill.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 50; Nays 62

Those who voted in the affirmative are:

Alexander              Anderson               Atkinson
Atwater                Bales                  Bamberg
Blackwell              Bowers                 Brown
Burns                  Caskey                 Chumley
Clyburn                Cobb-Hunter            Davis
Dillard                Douglas                Duckworth
Forrest                Gilliard               Govan
Hart                   Hayes                  Henderson-Myers
Henegan                Hewitt                 Hosey
Jefferson              King                   Kirby
Knight                 Mack                   McCravy
McEachern              McGinnis               V. S. Moss
Norrell                Ott                    Parks
Pendarvis              Ridgeway               M. Rivers
Robinson-Simpson       Sandifer               Spires
Trantham               Weeks                  Wheeler
Williams               Yow

Total--50

Those who voted in the negative are:

Allison                Arrington              Ballentine
Bannister              Bennett                Bradley
Bryant                 Clary                  Clemmons
Cogswell               Cole                   Collins
Crawford               Crosby                 Daning
Delleney               Elliott                Erickson
Felder                 Finlay                 Forrester
Fry                    Funderburk             Gagnon
Hamilton               Hardee                 Henderson
Howard                 Huggins                Johnson
Jordan                 Loftis                 Long
Lowe                   Lucas                  Mace
Magnuson               Martin                 McCoy
D. C. Moss             Murphy                 B. Newton
W. Newton              Pitts                  Pope
Putnam                 S. Rivers              Simrill
G. M. Smith            G. R. Smith            J. E. Smith
Sottile                Stavrinakis            Tallon
Taylor                 Thayer                 Thigpen
Toole                  West                   White
Whitmire               Young

Total--62

So, the Bill was rejected.

LEAVE OF ABSENCE

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

H. 3622--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3622 (Word version) -- Reps. Ryhal, Burns, Duckworth, Gagnon, Henegan, Herbkersman, Hill, Hixon, Johnson, V. S. Moss, Ridgeway, Spires, Taylor, Thayer, Yow, Robinson-Simpson, Magnuson, Long and Thigpen: 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. BERNSTEIN and G. M. SMITH proposed the following Amendment No. 1 to H. 3622 (COUNCIL\WAB\3622C003.AGM. WAB18), which was rejected:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION   1.   Chapter 51, Title 40 of the 1976 Code is amended by adding:

"Section 40-51-67.   (A)(1)   A licensed podiatrist seeking a permit from the Board of Medical Examiners to independently engage in ankle surgery procedures as provided in Section 40-51-65(B) must:

(a)   be a graduate, on or after July 1, 2006, of a three-year residency program in podiatric medicine and surgery that is accredited by the Council on Podiatric Medical Education, or its successor organization, at the time of graduation; and

(b)   either be:

(i)     board certified in reconstructive rearfoot ankle surgery by the American Board of Podiatric Surgery, or its successor organization; or

(ii)   board qualified, but not board certified, in reconstructive rearfoot ankle surgery by the American Board of Podiatric Surgery, or its successor organization, and able to document that he has completed training and experience in midfoot, rearfoot and ankle procedures. This training and experience, and the documentation of it, all must be satisfactory to the board in its discretion.

(2)   The Board of Medical Examiners shall issue no permit enabling a licensed podiatrist to independently engage in the surgical treatment of the ankle unless:

(a)   a licensee submits an application on forms provided by the Board of Medical Examiners and pays a registration fee set by the board by promulgation of regulation; and

(b)   the Board of Medical Examiners is satisfied that the applicant is in compliance with all requirements of this subsection, as appropriate.

(B)(1)   There is created a Joint Podiatric Surgery Advisory Committee as a committee to the Board of Medical Examiners which consists of five members with experience regarding podiatry or orthopedic surgery.

(2)   The committee is comprised of:

(a)   three orthopedic surgeons selected by the Board of Medical Examiners; and

(b)   two podiatrists selected by the Board of Podiatry Examiners.

(3)   Members of the committee may not be compensated for their service on the board and may not receive mileage, per diem, and subsistence as otherwise authorized by law for members of state boards, committees, and commissions.

(4)   The committee shall meet at least once annually and at other times as may be necessary. Three members, at least one of whom must be a podiatrist, constitute a quorum for all meetings. At its initial meeting, and at the beginning of each year thereafter, the committee shall elect from its membership a chairman to serve for a one-year term.

(5)   The committee shall assist and advise the Board of Medical Examiners in evaluating an applicant's training and experience in midfoot, rearfoot and ankle procedures for purposes of determining whether to permit the applicant to independently engage in ankle surgery procedures pursuant to subsection (A)(1).

(C)   The Board of Medical Examiners shall investigate allegations of practices violating the provisions of this section concerning permits to enable licensed podiatrists to independently engage in the surgical treatment of the ankle. The Board of Medical Examiners may issue subpoenas, examine witnesses, and administer oaths in connection with an investigation or related hearings. The Board of Medical Examiners may suspend a permit issued pursuant to this section pending an investigation. Upon a finding of a violation, the Board of Medical Examiners may revoke a permit, assess a fine not to exceed five hundred dollars for each violation, or both, provided, however, the board may not make such a finding without first having provided the permit holder a hearing after having provided thirty days' notice of the hearing to the permit holder. For allegations of the performance of unauthorized surgical treatment of an ankle in violation of Section 40-51-65(B), the Board of Medical Examiners also may seek restraining orders and cease and desist orders from the Administrative Law Court.

(D)   The Board of Medical Examiners shall promulgate regulations to implement the provisions this section. These regulations must include, but are not limited to, the number and types of procedures required for an applicant's training or experience to be deemed acceptable for purposes of issuing a permit pursuant to subsection (A)(1). In identifying the required number and types of procedures, the Board of Medical Examiners shall seek the advice and assistance of the Joint Podiatric Surgery Advisory Committee and shall consider nationally recognized standards for accredited residency programs in podiatric medicine and surgery for midfoot, rearfoot, and ankle procedures. The Board of Medical Examiners may not issue permits pursuant to subsection (A)(1) before the effective date of any regulations adopted pursuant to this section.

(E)   The Board of Medical Examiners issuance of a permit to a licensed podiatrist to independently engage in the surgical treatment of the ankle may not be construed to obligate a hospital or outpatient surgical facility to grant him privileges to perform such procedures at the hospital or outpatient surgical facility."
SECTION   2.   Section 40-51-20 of the 1976 Code is amended to read:

"Section 40-51-20.   For the purposes of this chapter:

(1)   'Podiatry' shall mean the diagnosis, medical and surgical treatment limited to ailments of the human foot, except the administration of an anaesthetic other than local 'Ankle' means the distal metaphysis and epiphysis of the tibia and fibula, the articular cartilage of the distal tibia and distal fibula, the ligaments that connect the distal metaphysis and epiphysis of the tibia and fibula and the talus, and the portions of skin, subcutaneous tissue, fascia, muscles, tendons and nerves at or below the level of the myotendinous junction of the triceps surae.

(2)   'Diagnosis' shall mean means to ascertain a disease or ailment by symptoms and findings and does not confer the right to use X-ray other than for diagnosis.

(3)   'Medical treatment' shall mean means the application or prescribing of any therapeutic agent or remedy for the relief of foot ailments, except the medical treatment of any a systemic disease causing manifestations in the foot.

(4)   'Podiatric ankle surgery' or 'surgical treatment of the ankle' means surgical treatment of the ankle, including the surgical treatment of the anatomical structures of the ankle, as well as the administration and prescription of drugs incidental to the ankle, and the surgical treatment of manifestations of systemic diseases as they appear on the ankle, excluding:

(a)   placement of any intramedullary nail into the tibia regardless of entry point;

(b)   placement of external fixator half pins in to the tibia;

(c)   amputation of the leg or foot above the level of the transmetatarsal;

(d)   total ankle replacement;

(e)   surgical fixation of pilon fractures, tibial shaft fractures, calcaneus and talus fractures, and ankle fractures;

(f)   Osteochondral Autograft Transfer System (OATS) to the Talus (autograft and allograft); and

(g)   tibial osteotomy.

(5)   'Podiatry' means the diagnosis, medical and surgical treatment limited to ailments of the human foot, except the administration of an anaesthetic other than local.

(46)   'Surgical treatment' shall mean means the use of any a cutting or invasive instrument to treat a disease, ailment, deformity or condition of the foot, but shall not confer the right to amputate the foot or toes."
SECTION   3.   Section 40-51-65 of the 1976 Code is amended to read:

"Section 40-51-65.   (A)   It is unlawful for any a person to practice podiatric medicine in this State without obtaining first a license from the board Board of Podiatry Examiners.

(B)   The board shall conduct an examination of any an applicant who submits satisfactory evidence that he has:

(a1)   received four years of high school training;

(b2)   completed at least three years of pre-podiatry training at a recognized college; and

(c3)   received a diploma or certificate of graduation from a recognized college of podiatric medicine which has been accredited by the Council on Podiatric Medical Education.

(C)   A licensed podiatrist may not independently engage in the surgical treatment of the ankle, including the surgical treatment of the anatomical structures of the ankle, as well as the administration and prescription of drugs incidental to the ankle, and the surgical treatment of manifestations of systemic diseases as they appear on the ankle, until he obtains a permit from the Board of Medical Examiners after meeting the requirements of Section 40-51-67."
SECTION   4.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. BERNSTEIN explained the amendment.

Rep. BERNSTEIN spoke in favor of the amendment.

Rep. FINLAY moved to recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs.

Rep. HOWARD moved to table the motion.

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

Yeas 71; Nays 38

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Arrington              Bennett                Brawley
Brown                  Bryant                 Burns
Caskey                 Chumley                Clary
Clyburn                Cobb-Hunter            Cogswell
Cole                   Collins                Crosby
Daning                 Davis                  Dillard
Douglas                Erickson               Felder
Forrest                Gagnon                 Gilliard
Govan                  Hardee                 Hart
Henderson-Myers        Henegan                Hewitt
Hill                   Hosey                  Howard
Jefferson              King                   Kirby
Knight                 Long                   Lucas
Mack                   Magnuson               Martin
McEachern              McGinnis               D. C. Moss
V. S. Moss             Murphy                 B. Newton
Norrell                Pendarvis              Pope
Ridgeway               M. Rivers              S. Rivers
Robinson-Simpson       Sandifer               G. R. Smith
Sottile                Spires                 Tallon
Taylor                 Thayer                 Thigpen
Trantham               Weeks                  Williams
Young                  Yow

Total--71

Those who voted in the negative are:

Atkinson               Atwater                Ballentine
Bannister              Bernstein              Blackwell
Bowers                 Bradley                Clemmons
Crawford               Delleney               Duckworth
Elliott                Finlay                 Forrester
Fry                    Funderburk             Hamilton
Hayes                  Henderson              Huggins
Jordan                 Loftis                 Lowe
Mace                   McCoy                  McCravy
W. Newton              Ott                    Pitts
Putnam                 Simrill                G. M. Smith
J. E. Smith            Toole                  West
Wheeler                White

Total--38

So, the motion to recommit the Bill was tabled.

Rep. GOVAN spoke in favor of the amendment.

Rep. KING moved to table the amendment.

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

Yeas 53; Nays 57

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Arrington              Bennett                Brawley
Brown                  Bryant                 Burns
Chumley                Clyburn                Cobb-Hunter
Cogswell               Collins                Crosby
Dillard                Douglas                Felder
Gilliard               Hardee                 Hart
Henderson-Myers        Henegan                Hill
Hosey                  Howard                 Jefferson
King                   Knight                 Long
Mack                   Magnuson               Martin
McCravy                McEachern              D. C. Moss
Murphy                 B. Newton              Norrell
Pendarvis              Ridgeway               M. Rivers
Robinson-Simpson       Sandifer               G. R. Smith
Sottile                Taylor                 Thayer
Thigpen                Toole                  Trantham
Williams               Yow

Total--53

Those who voted in the negative are:

Atkinson               Bales                  Ballentine
Bannister              Bernstein              Blackwell
Bowers                 Bradley                Caskey
Clary                  Clemmons               Cole
Crawford               Daning                 Davis
Delleney               Duckworth              Elliott
Erickson               Finlay                 Forrest
Forrester              Fry                    Funderburk
Gagnon                 Govan                  Hamilton
Hayes                  Henderson              Hewitt
Huggins                Johnson                Jordan
Kirby                  Loftis                 Lucas
Mace                   McCoy                  McGinnis
V. S. Moss             W. Newton              Ott
Pitts                  Pope                   Putnam
S. Rivers              Simrill                G. M. Smith
J. E. Smith            Spires                 Tallon
Weeks                  West                   Wheeler
White                  Whitmire               Young

Total--57

So, the House refused to table the amendment.

Rep. THIGPEN spoke against the amendment.
Rep. HOWARD spoke against the amendment.

The question then recurred to the adoption of the amendment.

The amendment was rejected.

Rep. ARRINGTON proposed the following Amendment No. 2 to H. 3622 (COUNCIL\AHB\3622C001.BH.AHB18), which was adopted:
Amend the bill, as and if amended, Section 40-51-210(A), as contained in SECTION 1, beginning on Page 1, by striking Subsection (A) in its entirety and inserting:
/   (A)   Surgery of the ankle and soft tissue structures governing the ankle must be performed in an accredited hospital or ambulatory surgical center. A podiatrist who performs osseous (boney) surgical procedures of the ankle and related soft tissue structures governing the ankle must be board-certified or board-qualified by the American Board of Foot and Ankle Surgery, must have graduated from a three-year residency program in podiatric medicine and reconstructive rear foot and ankle (RRA) surgery accredited by the Council on Podiatric Medical Education or its successor organization at the time of graduation, and shall satisfy all requirements for credentials as outlined by the facility. In addition to granting or denying privileges, the governing body of each hospital or ambulatory surgical center may suspend, revoke, or modify these privileges. An applicant or individual who has privileges shall comply with applicable medical staff bylaws, rules, and regulations, including the policies and procedures governing the qualifications of applicants and the scope and delineation of privileges.   /
Renumber sections to conform.
Amend title to conform.

Rep. ARRINGTON 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 72; Nays 41

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Arrington              Bales                  Bennett
Bowers                 Brawley                Brown
Bryant                 Burns                  Chumley
Clyburn                Cobb-Hunter            Collins
Crosby                 Daning                 Davis
Dillard                Douglas                Duckworth
Erickson               Felder                 Forrest
Forrester              Gagnon                 Gilliard
Hardee                 Hart                   Henderson-Myers
Henegan                Hewitt                 Hill
Hosey                  Howard                 Jefferson
Johnson                King                   Kirby
Knight                 Long                   Lucas
Mack                   Magnuson               Martin
McEachern              McGinnis               D. C. Moss
V. S. Moss             Murphy                 B. Newton
W. Newton              Norrell                Pendarvis
Pitts                  Ridgeway               M. Rivers
S. Rivers              Robinson-Simpson       G. R. Smith
Spires                 Taylor                 Thayer
Thigpen                Trantham               Weeks
Wheeler                White                  Whitmire
Williams               Young                  Yow

Total--72

Those who voted in the negative are:

Atkinson               Atwater                Ballentine
Bamberg                Bannister              Bernstein
Blackwell              Bradley                Caskey
Clary                  Clemmons               Cogswell
Cole                   Crawford               Delleney
Elliott                Finlay                 Fry
Funderburk             Govan                  Hamilton
Hayes                  Henderson              Huggins
Jordan                 Loftis                 Lowe
Mace                   McCoy                  McCravy
Ott                    Pope                   Putnam
Sandifer               Simrill                G. M. Smith
J. E. Smith            Sottile                Tallon
Toole                  West

Total--41

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

H. 3739--RECOMMITTED

The following Bill was taken up:

H. 3739 (Word version) -- Reps. Loftis, Burns, Williams and Jefferson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-880 SO AS TO DEFINE NECESSARY TERMS, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL BEAR COSTS, NOT TO EXCEED SEVEN AND ONE-HALF PERCENT OF THE TOTAL PROJECT COSTS, FOR CONSTRUCTION PROJECTS OR IMPROVEMENTS, TO PROVIDE THAT THIS SECTION DOES NOT GRANT THE DEPARTMENT THE AUTHORITY TO PREVENT OR MATERIALLY LIMIT A PUBLIC WATER SYSTEM'S UTILIZATION OF PROPERTY LOCATED WITHIN A STATE TRANSPORTATION IMPROVEMENT PROJECT'S RIGHT OF WAY, AND TO PROVIDE THAT THE DEPARTMENT MAY ACQUIRE ADDITIONAL RIGHTS OF WAY TO FACILITATE THE LOCATION OF UTILITIES OUTSIDE OF RIGHTS OF WAY CURRENTLY CONTAINED IN THE PUBLIC HIGHWAY SYSTEM.

Rep. WEST moved to recommit the Bill to the Committee on Education and Public Works, which was agreed to.

H. 4811--RECOMMITTED

The following Bill was taken up:

H. 4811 (Word version) -- Reps. S. Rivers, G. M. Smith, Elliott, Davis, Stavrinakis, Murphy, Jordan, Caskey, Fry, W. Newton, Bannister, Clemmons, Cole, Lowe, Pope, Tallon and Clary: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE THAT A MAGISTRATE MUST BE A LICENSED ATTORNEY AND TO PROVIDE EXCEPTIONS UNDER CERTAIN CIRCUMSTANCES.

Rep. KING moved to recommit the Bill to the Committee on Judiciary.

Rep. S. RIVERS moved to table the motion.

Rep. D. C. MOSS demanded the yeas and nays which were taken, resulting as follows:

Yeas 47; Nays 63

Those who voted in the affirmative are:

Allison                Atwater                Bales
Ballentine             Bannister              Bernstein
Bradley                Brown                  Caskey
Clary                  Cogswell               Cole
Collins                Daning                 Davis
Delleney               Duckworth              Elliott
Erickson               Finlay                 Forrest
Forrester              Fry                    Funderburk
Hamilton               Hardee                 Henderson
Huggins                Johnson                Jordan
Loftis                 Lucas                  McCoy
McCravy                McGinnis               D. C. Moss
V. S. Moss             Murphy                 Pope
S. Rivers              Simrill                G. M. Smith
G. R. Smith            Sottile                Tallon
Trantham               Wheeler

Total--47

Those who voted in the negative are:

Alexander              Anderson               Arrington
Atkinson               Bennett                Blackwell
Bowers                 Brawley                Bryant
Burns                  Chumley                Clemmons
Clyburn                Cobb-Hunter            Crawford
Crosby                 Dillard                Douglas
Felder                 Gagnon                 Gilliard
Govan                  Hart                   Hayes
Henderson-Myers        Henegan                Hewitt
Hosey                  Jefferson              King
Kirby                  Knight                 Long
Lowe                   Mace                   Mack
Magnuson               Martin                 McEachern
B. Newton              W. Newton              Norrell
Ott                    Parks                  Pendarvis
Pitts                  Putnam                 Ridgeway
M. Rivers              Robinson-Simpson       Sandifer
J. E. Smith            Spires                 Taylor
Thayer                 Thigpen                Toole
Weeks                  West                   White
Whitmire               Williams               Young

Total--63

So, the House refused to table the motion.

The question then recurred to the motion to recommit the Bill, which was agreed to.

H. 4971--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4971 (Word version) -- Reps. Hixon, McCoy, Hewitt, Kirby, Forrest, Yow and Blackwell: A BILL TO AMEND SECTION 50-5-1705, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS FOR ESTUARINE AND SALTWATER FINFISH, SO AS TO REDUCE THE CATCH LIMIT FOR RED DRUM.

The Committee on Agriculture, Natural Resources and Environmental Affairs proposed the following Amendment No. 1 to H. 4971 (COUNCIL\CM\4971C001.GT.CM18), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS:
/   SECTION   ___.   Section 50-5-1705(L) of the 1976 Code is amended to read:

"(L)   It is unlawful to gig for spotted seatrout or red drum from December first through the last day of February, inclusive."
SECTION   ___.   Section 50-5-1705 of the 1976 Code is amended by adding the following appropriately lettered subsection:

"( )   It is unlawful to gig for red drum."   /
Renumber sections to conform.
Amend title to conform.

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

Rep. KIRBY explained the Bill.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 106; Nays 1

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Arrington              Atkinson               Atwater
Bales                  Ballentine             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                Hewitt
Hosey                  Huggins                Jefferson
Johnson                Jordan                 Kirby
Knight                 Long                   Lowe
Lucas                  Mace                   Magnuson
Martin                 McCoy                  McCravy
McEachern              McGinnis               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
Sottile                Spires                 Tallon
Taylor                 Thayer                 Thigpen
Toole                  Trantham               Weeks
West                   Wheeler                White
Whitmire               Williams               Young
Yow

Total--106

Those who voted in the negative are:

M. Rivers

Total--1

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

H. 4701--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4701 (Word version) -- Reps. S. Rivers, King, Allison, Gilliard, Henderson-Myers and Henegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "B.P. ACT"; TO AMEND SECTION 59-63-140, RELATING TO BULLYING PROHIBITION POLICIES ADOPTED BY SCHOOL DISTRICTS, SO AS TO PROVIDE PROCEDURES FOR RESPONDING TO AND REMEDIATING ALLEGATIONS OF BULLYING, AND TO REQUIRE AN APPEALS PROCEDURE.

The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 4701 (COUNCIL\WAB\4701C001. AGM.WAB18), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION   1.   This act must be known and may be cited as the "B.P. Act".
SECTION   2.   Section 59-63-120 of the 1976 Code is amended to read:

"Section 59-63-120.   As used in this article:

(1)   'Harassment, intimidation, or bullying' means a gesture, an electronic communication, or a written, verbal, physical, or sexual act that is reasonably perceived to have the effect of:

(a)   harming a student physically or emotionally or damaging a student's property, or placing a student in reasonable fear of personal harm or property damage; or

(b)   substantially interfering with a student's educational performance, opportunities, or benefits;

(c)   substantially disrupting or interfering with the orderly operation of the school;

(d)   creating a hostile or intimidating environment in the school, on school property, on a school bus, or other activity vehicle, or at a school-sponsored event;

(e)   insulting or demeaning a student or group of students causing substantial disruption in, or substantial interference with, the orderly operation of the school; or

(f)     being sufficiently severe, persistent, or pervasive enough to create an intimidating, threatening, or abusive educational environment.

(2)   'School' means in a classroom, on school premises, on a school bus or other school-related vehicle, at an official school bus stop, at a school-sponsored activity or event whether or not it is held on school premises, or at another program or function where the school is responsible for the child."
SECTION   3.   Section 59-63-140(B) of the 1976 Code, as added by Act 353 of 2006, is amended to read:

"(B)   The policy must include, but not be limited to, the following components:

(1)   a statement prohibiting harassment, intimidation, or bullying of a student;

(2)   a definition of harassment, intimidation, or bullying no less inclusive than the definition in Section 59-63-120;

(3)   a description of appropriate student behavior;

(4)   consequences and appropriate remedial actions for persons committing acts of harassment, intimidation, or bullying, and for persons engaging in reprisal or retaliation;

(5)   procedures for reporting acts of harassment, intimidation, or bullying, to include a provision for reporting anonymously. However, formal disciplinary action must not be taken solely on the basis of an anonymous report. The procedures must identify the appropriate school personnel responsible for taking the report and investigating the complaint;

(6)   procedures for prompt investigation of reports of serious violations and complaints;

(7)   a statement that prohibits reprisal or retaliation against a person who reports an act of harassment, intimidation, or bullying;

(87)   consequences and appropriate remedial action for persons found to have falsely accused another;

(98)   a process for discussing the district's harassment, intimidation, or bullying policy with students; and

(109)   a statement of how the policy is to be publicized, including notice that the policy applies to participation in school-sponsored functions;

(10)   procedures for responding to reports of harassment, intimidation, or bullying, which must:

(a)   identify school and district personnel charged with addressing complaints and include written procedures for:

(i)   proper documentation of allegations at the school and district level;

(ii)   timelines for response to allegations;

(iii)   procedures for informing parents or guardians of the student alleged to have bullied; provided this communication must include information on the steps being taken to prevent further incidents, disciplinary action, and any additional recommendations for outside counseling; and

(iv)   procedures for informing parents or guardians of the student alleged to have been bullied; provided this communication must include steps being taken to prevent further incidents and procedures for ensuring the student can safely report any further incidents.

(b)   A school district shall adopt a policy for additional procedures that may include referrals for out of school mediation or counseling and a process for making such referrals to ensure that the parent or guardian has received the information.

(c)   A school district shall include in an adopted policy disciplinary actions which may include, but are not limited to, imposing a series of graduated consequences that include alternative discipline. In determining the appropriate response to students who engage in bullying behavior, school administrators should consider the type of behaviors, the frequency and any pattern of behaviors, and other relevant circumstances. Alternative discipline includes, but is not limited to:

(i)     meeting with the student and the student's parent or guardian;

(ii)     reflective activities, such as requiring the student to write an essay about the student's misbehavior;

(iii)     mediation, but only when there is mutual conflict between peers, rather than one-way negative behavior, and both parties voluntarily choose this option; and

(iv)     in-school detention or suspension, which may take place during lunchtime, after school or on weekends; and

(d)   In an effort to remediate any substantiated incident of bullying, counter the negative impact of the bullying, and reduce the risk of future bullying incidents, a district may adopt a policy for referrals for outside services that may benefit the victim, perpetrator, or other involved person. Referrals must include, but are not limited to:  

(i)   counseling;

(ii)   anger management;

(iii)   health counseling or intervention;

(iv)   mental health counseling;

(v)   participation in skills building and resolution activities, such as social-emotional cognitive skills building, resolution circles, and restorative conferencing; and

(vi)   community service; and

(11)   procedures for appealing a decision of a school principal or a superintendent's designee related to taking or not taking remedial action in accordance with this policy, which must include providing notice to parents, guardians, and students of the right to appeal. The appeals procedure must be consistent with other appeals procedures established by the school board and may include an appeal to the superintendent."
SECTION   4.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. FELDER spoke in favor of the amendment.

Rep. ERICKSON moved to recommit the Bill to the Committee on Education and Public Works.

Rep. S. RIVERS moved to table the motion.
Rep. PITTS demanded the yeas and nays which were taken, resulting as follows:

Yeas 67; Nays 37

Those who voted in the affirmative are:

Allison                Anderson               Arrington
Atkinson               Atwater                Bales
Ballentine             Bannister              Bennett
Bernstein              Blackwell              Brawley
Brown                  Bryant                 Clemmons
Cogswell               Crawford               Crosby
Daning                 Davis                  Delleney
Douglas                Duckworth              Elliott
Felder                 Finlay                 Forrest
Gilliard               Govan                  Hardee
Hayes                  Henderson-Myers        Henegan
Hewitt                 Hosey                  Huggins
Johnson                King                   Kirby
Knight                 Lucas                  Mack
McCoy                  McCravy                McEachern
McGinnis               Murphy                 B. Newton
Norrell                Ott                    Parks
Pendarvis              Pope                   Ridgeway
S. Rivers              Robinson-Simpson       Sandifer
Simrill                G. M. Smith            J. E. Smith
Sottile                Spires                 Taylor
Thigpen                Trantham               West
Young

Total--67

Those who voted in the negative are:

Alexander              Bowers                 Bradley
Burns                  Caskey                 Chumley
Clary                  Cole                   Collins
Dillard                Erickson               Forrester
Fry                    Funderburk             Gagnon
Hamilton               Hill                   Jefferson
Jordan                 Loftis                 Long
Lowe                   Mace                   D. C. Moss
V. S. Moss             W. Newton              Pitts
Putnam                 G. R. Smith            Tallon
Thayer                 Toole                  Weeks
Wheeler                White                  Whitmire
Williams

Total--37

So, the motion to recommit the Bill was tabled.

The question then recurred to the adoption of the amendment.

The amendment was then adopted.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 85; Nays 20

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Arrington              Atwater                Bales
Ballentine             Bannister              Bennett
Bernstein              Blackwell              Bowers
Bradley                Brawley                Brown
Bryant                 Burns                  Clary
Clemmons               Clyburn                Cobb-Hunter
Cogswell               Cole                   Collins
Crawford               Crosby                 Daning
Davis                  Delleney               Dillard
Douglas                Duckworth              Elliott
Felder                 Finlay                 Forrest
Forrester              Funderburk             Gilliard
Govan                  Hamilton               Hardee
Henderson              Henderson-Myers        Henegan
Hewitt                 Hosey                  Howard
Huggins                Jefferson              Johnson
King                   Kirby                  Knight
Loftis                 Lucas                  Mack
McCoy                  McEachern              McGinnis
V. S. Moss             Murphy                 B. Newton
W. Newton              Norrell                Parks
Pendarvis              Pope                   Ridgeway
S. Rivers              Robinson-Simpson       Sandifer
Simrill                G. M. Smith            J. E. Smith
Sottile                Spires                 Tallon
Taylor                 Trantham               West
Wheeler                Whitmire               Williams
Young

Total--85

Those who voted in the negative are:

Caskey                 Chumley                Erickson
Fry                    Gagnon                 Hill
Jordan                 Long                   Lowe
Mace                   McCravy                D. C. Moss
Pitts                  Putnam                 G. R. Smith
Thayer                 Thigpen                Toole
Weeks                  White

Total--20

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

H. 5045--DEBATE ADJOURNED

The following Bill was taken up:

H. 5045 (Word version) -- Reps. Sandifer, White and Forrester: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING CHAPTERS 39 AND 40 OF TITLE 58 RELATING TO THE SOUTH CAROLINA DISTRIBUTED ENERGY RESOURCE PROGRAM AND NET ENERGY METERING, RESPECTIVELY.

Rep. SANDIFER moved to adjourn debate on the Bill until Thursday, April 5, which was agreed to.

H. 4403--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4403 (Word version) -- Reps. Pope, Clyburn and Bryant: A BILL TO AMEND SECTION 16-11-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRESPASSING AND THE POSTING OF NOTICE OF TRESPASSING, SO AS TO ALLOW FOR A DIFFERENT METHOD OF THE POSTING OF NOTICE OF TRESPASSING INVOLVING CLEARLY VISIBLE PURPLE-PAINTED BOUNDARIES.

The Committee on Judiciary proposed the following Amendment No. 1 to H. 4403 (COUNCIL\AHB\4403C001.BH.AHB18), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting language and inserting:
/   SECTION   1.   Section 16-11-600 of the 1976 Code is amended to read:

"Section 16-11-600.   (A)   Every entry upon the lands of another where any horse, mule, cow, hog or any other livestock is pastured, or any other lands of another, after notice from the owner or tenant has been posted prohibiting such entry, shall be is a misdemeanor and must be punished by a fine of not to exceed more than one hundred dollars, or by imprisonment with hard labor on the public works of the county for not exceeding more than thirty days. When any owner or tenant of any lands shall post a notice in four conspicuous places on the borders of such land prohibiting entry thereon, a proof of the posting shall be deemed and taken as notice conclusive against the person making entry, as aforesaid, for the purpose of trespassing.

(B)   The owner or tenant of any lands may accomplish the required posting of notice as follows:

(1)   by posting a notice in four conspicuous places on the borders of such land prohibiting entry thereon; or

(2)   by marking boundaries with a clearly visible purple-painted marking, consisting of one vertical line not less than eight inches in length and two inches in width, and the bottom of the mark not less than three nor more than six feet from the ground or normal water surface. These marks must be affixed to immovable, permanent objects that are not more than one hundred yards apart and readily visible to any person approaching the property.

(C)   When any owner of tenant of any lands shall post a notice as provided in this section, a proof of the posting is deemed and taken as notice conclusive against the person making entry for the purpose of trespassing."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. JOHNSON spoke in favor of the amendment.
The amendment was then adopted.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 101; Nays 0

Those who voted in the affirmative are:

Alexander              Anderson               Arrington
Atkinson               Atwater                Bales
Ballentine             Bannister              Bennett
Bernstein              Blackwell              Bowers
Bradley                Brawley                Brown
Bryant                 Burns                  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                 Hayes                  Henderson
Henderson-Myers        Henegan                Hewitt
Hill                   Hosey                  Howard
Huggins                Johnson                Jordan
King                   Kirby                  Knight
Long                   Lowe                   Lucas
Mace                   McCoy                  McCravy
McEachern              McGinnis               D. C. Moss
V. S. Moss             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
Sottile                Spires                 Tallon
Taylor                 Thayer                 Thigpen
Toole                  Trantham               Weeks
West                   White                  Whitmire
Williams               Young

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.

SPEAKER IN CHAIR

H. 4811--MOTION TO RECONSIDER TABLED

Rep. HAMILTON moved to reconsider the vote whereby the following Bill was recommitted to Judiciary:

H. 4811 (Word version) -- Reps. S. Rivers, G. M. Smith, Elliott, Davis, Stavrinakis, Murphy, Jordan, Caskey, Fry, W. Newton, Bannister, Clemmons, Cole, Lowe, Pope, Tallon and Clary: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE THAT A MAGISTRATE MUST BE A LICENSED ATTORNEY AND TO PROVIDE EXCEPTIONS UNDER CERTAIN CIRCUMSTANCES.

Rep. KING moved to table the motion to reconsider.

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

Yeas 56; Nays 50

Those who voted in the affirmative are:

Alexander              Anderson               Atkinson
Atwater                Blackwell              Bowers
Brawley                Brown                  Burns
Chumley                Clyburn                Cobb-Hunter
Crawford               Dillard                Douglas
Erickson               Felder                 Gagnon
Gilliard               Govan                  Hardee
Hayes                  Henegan                Hewitt
Hill                   Hosey                  Howard
Jefferson              King                   Kirby
Knight                 Long                   Mack
McCravy                McEachern              D. C. Moss
V. S. Moss             B. Newton              Norrell
Ott                    Parks                  Pendarvis
Pitts                  Putnam                 Ridgeway
Robinson-Simpson       Sandifer               J. E. Smith
Spires                 Thayer                 Thigpen
Weeks                  West                   White
Whitmire               Williams

Total--56

Those who voted in the negative are:

Allison                Arrington              Bales
Ballentine             Bannister              Bennett
Bernstein              Bradley                Bryant
Caskey                 Clary                  Clemmons
Cole                   Collins                Crosby
Daning                 Davis                  Delleney
Duckworth              Elliott                Finlay
Forrest                Forrester              Fry
Funderburk             Hamilton               Henderson
Henderson-Myers        Huggins                Johnson
Jordan                 Loftis                 Lowe
Lucas                  Mace                   McCoy
McGinnis               Murphy                 W. Newton
Pope                   S. Rivers              Simrill
G. M. Smith            G. R. Smith            Sottile
Tallon                 Taylor                 Toole
Trantham               Young

Total--50

So, the motion to reconsider was tabled.

H. 3448--RECOMMITTED

The following Bill was taken up:

H. 3448 (Word version) -- Reps. Funderburk, Lucas, W. Newton, Bernstein, Norrell, Pope, Wheeler, Clary, J. E. Smith, Stavrinakis, McCoy and Erickson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-27-05 SO AS TO ENTITLE CHAPTER 27 THE "SOUTH CAROLINA WHISTLEBLOWER AND PUBLIC EMPLOYEE PROTECTION ACT"; TO AMEND SECTION 8-27-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE CHAPTER, SO AS TO REVISE THE DEFINITION OF "APPROPRIATE AUTHORITY" TO INCLUDE THE STATE INSPECTOR GENERAL; TO AMEND SECTION 8-27-20, AS AMENDED, RELATING TO REWARDS FOR REPORTS RESULTING IN SAVINGS, SO AS TO ELIMINATE THE TWO THOUSAND DOLLAR CAP ON REWARDS AND PROVIDE A PROCEDURE FOR REWARDING MULTIPLE EMPLOYEES WHO REPORT THE SAME ABUSE; AND TO AMEND SECTION 8-27-30, AS AMENDED, RELATING TO CIVIL ACTIONS AGAINST AN EMPLOYING PUBLIC BODY FOR RETALIATION AGAINST AN EMPLOYEE WHO REPORTS A VIOLATION OF STATE OR FEDERAL LAW OR REGULATION, SO AS TO REMOVE THE ONE-YEAR LIMITATION ON THE PERIOD DURING WHICH THE EMPLOYEE IS PROTECTED FROM ADVERSE EMPLOYMENT ACTIONS, AND TO PROVIDE FOR ADDITIONAL REMEDIES.

Rep. FUNDERBURK explained the Bill.

Rep. G. M. SMITH moved to recommit the Bill to the Committee on Judiciary.

Rep. FUNDERBURK moved to table the motion.

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

Yeas 29; Nays 72

Those who voted in the affirmative are:

Allison                Bernstein              Bowers
Brown                  Bryant                 Clary
Cole                   Delleney               Dillard
Erickson               Funderburk             Henderson-Myers
Henegan                Kirby                  McCoy
McCravy                Murphy                 W. Newton
Norrell                Ott                    Parks
Pendarvis              Pope                   Robinson-Simpson
J. E. Smith            Spires                 Tallon
Weeks                  Wheeler

Total--29

Those who voted in the negative are:

Anderson               Arrington              Atkinson
Atwater                Bales                  Ballentine
Bannister              Bennett                Blackwell
Bradley                Brawley                Burns
Caskey                 Chumley                Clemmons
Clyburn                Cobb-Hunter            Collins
Crosby                 Daning                 Davis
Douglas                Duckworth              Elliott
Finlay                 Forrest                Forrester
Fry                    Gagnon                 Gilliard
Govan                  Hamilton               Hayes
Henderson              Hewitt                 Hill
Hosey                  Howard                 Huggins
Jefferson              Johnson                Jordan
King                   Knight                 Loftis
Long                   Lowe                   Mace
Mack                   McEachern              McGinnis
D. C. Moss             V. S. Moss             B. Newton
Pitts                  Putnam                 Ridgeway
M. Rivers              Sandifer               Simrill
G. M. Smith            G. R. Smith            Sottile
Taylor                 Thayer                 Thigpen
Toole                  Trantham               West
White                  Whitmire               Young

Total--72

So, the House refused to table the motion.

The question then recurred to the motion to recommit the Bill, which was agreed to.

H. 4421--DEBATE ADJOURNED

The following Bill was taken up:

H. 4421 (Word version) -- Reps. J. E. Smith, McCoy, Ott, G. M. Smith, Ballentine, W. Newton, Bales, McEachern, Brown, Henegan, Clary, Arrington, Stavrinakis, Caskey, Norrell, Bernstein, Knight, Gilliard and Funderburk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 TO CHAPTER 27, TITLE 58 SO AS TO ENACT THE "SOUTH CAROLINA ELECTRIC CONSUMER BILL OF RIGHTS ACT" TO DEFINE CATEGORIES OF COSTS TO BE COLLECTED THROUGH RESIDENTIAL CUSTOMER CHARGES, TO LIMIT RESIDENTIAL CUSTOMER CHARGES TO CAPTURE ONLY CUSTOMER-RELATED COSTS, AND TO REQUIRE EACH ELECTRICAL UTILITY TO INCLUDE A LINE ITEM ON CUSTOMER BILL STATEMENTS TO SHOW THE PERCENTAGE OF RETAIL RATES ATTRIBUTABLE TO DEFERRED RECOVERY OF THE COST OF THE NUCLEAR GENERATING STATION ABANDONED DURING CONSTRUCTION PURSUANT TO SECTION 58-33-225; BY ADDING CHAPTER 42 TO TITLE 58 SO AS TO ESTABLISH STATEWIDE STANDARDS PROVIDING CUSTOMERS WITH THE ABILITY TO INSTALL AND UTILIZE ONSITE DISTRIBUTED ENERGY SOURCES, TO DEFINE RELEVANT TERMS, TO ESTABLISH STATEWIDE INTERCONNECTION STANDARDS, TO PROHIBIT UTILITIES FROM PREVENTING CONSTRUCTION UNDER CERTAIN CONDITIONS, TO PROVIDE THE STATEWIDE NET METERING STANDARDS, TO ALLOW SETTLEMENT-BASED COST RECOVERY FOR INVESTOR-OWNED UTILITIES FOR CUSTOMER-GENERATORS BUT TO PROHIBIT COST RECOVERY OF LOST REVENUES WITHIN THE STATEWIDE NET METERING PROGRAM, TO EXEMPT INDUSTRIAL CUSTOMERS WHO ADOPT ONSITE DISTRIBUTED ENERGY RESOURCES FROM INCREMENTAL DISTRIBUTED ENERGY RESOURCE PROGRAM COSTS, TO PROVIDE THAT THE OWNER OF AN ONSITE DISTRIBUTED ENERGY RESOURCE WHO HAS REGISTERED WITH THE OFFICE OF REGULATORY STAFF AS A LESSOR OF THESE FACILITIES MAY NOT BE REGULATED AS A PUBLIC UTILITY FOR OFFERING A SERVICE THAT PROVIDES ONSITE GENERATION TO CUSTOMER-GENERATORS THROUGH A POWER PURCHASE AGREEMENT, TO REQUIRE EACH ELECTRICAL UTILITY TO PROVIDE A DISASTER READINESS INCENTIVE TO ENCOURAGE THE INSTALLATION OF SOLAR AND STORAGE COMBINATION ONSITE DISTRIBUTED ENERGY RESOURCES FACILITIES ON THE RESIDENCES OF FIRST RESPONDERS AND DESIGNATED PUBLIC SHELTERS; BY ADDING SECTION 27-1-80 SO AS TO PROHIBIT DISCRIMINATION AGAINST USE OF ONSITE DISTRIBUTED ENERGY RESOURCES THROUGH RESTRICTIVE COVENANTS, DEED RESTRICTIONS, OR HOMEOWNERS' ASSOCIATION DOCUMENTS; TO AMEND SECTION 58-40-10, RELATING TO TERMS APPLICABLE TO NET ENERGY METERING, SO AS TO REVISE THE DEFINITION OF "CUSTOMER-GENERATOR"; TO AMEND SECTION 58-40-20, RELATING TO NET ENERGY METERING RATES, SO AS TO, AMONG OTHER THINGS, REMOVE LANGUAGE PROVIDING THAT NET METERING RATES APPROVED BY THE COMMISSION PURSUANT TO CHAPTER 40, TITLE 58 ARE THE EXCLUSIVE NET METERING RATES AVAILABLE TO CUSTOMER-GENERATORS; TO AMEND SECTION 58-27-2600, RELATING TO TERMS APPLICABLE TO THE LEASE OF RENEWABLE ELECTRIC GENERATION FACILITIES PROGRAMS, SO AS TO REVISE THE DEFINITION OF "RETAIL ELECTRIC PROVIDER"; TO AMEND SECTION 58-27-2610, RELATING TO THE LEASE OF A RENEWABLE ELECTRIC GENERATION FACILITY, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT LESSORS OF RENEWABLE ELECTRIC GENERATION FACILITIES MAY OFFER WARRANTY SERVICES, AND TO REMOVE THE CURRENT TWO PERCENT CAP ON LEASED RENEWABLE ELECTRIC GENERATION FACILITIES; TO AMEND SECTION 58-27-2630, RELATING TO THE REGISTRATION OF A RENEWABLE ELECTRIC GENERATION FACILITY LEASED TO A CUSTOMER-GENERATOR LESSEE, SO AS TO REPLACE THE CURRENT CUSTOMER-GENERATOR NOTARIZED AFFIDAVIT WITH A SIGNED DECLARATION FROM THE CUSTOMER-GENERATOR THAT IT WILL NOT ATTEMPT TO RESELL OR SELL ELECTRIC OUTPUT TO A THIRD PARTY THAT IS NOT THE ELECTRIC RETAIL SUPPLIER; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM PROPERTY TAX, SO AS TO EXEMPT RENEWABLE ENERGY RESOURCE PROPERTY HAVING A NAMEPLATE CAPACITY OF NO GREATER THAN TWENTY KILOWATTS, AS MEASURED IN ALTERNATING CURRENT.

Rep. J. E. SMITH moved to adjourn debate on the Bill until Thursday, April 5, which was agreed to.

H. 4591--DEBATE ADJOURNED

The following Bill was taken up:

H. 4591 (Word version) -- Reps. D. C. Moss, Bryant, Delleney, McCravy, Spires, Felder, Johnson, Martin, Murphy, Blackwell, Hixon, Pitts, Pope, G. M. Smith, Erickson and Ridgeway: A BILL TO AMEND SECTION 11-35-1524, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENT VENDOR PREFERENCES UNDER THE CONSOLIDATED PROCUREMENT CODE SO AS TO PROVIDE THAT A BUSINESS OWNED BY A SERVICE-DISABLED VETERAN RESIDING IN THIS STATE SHALL RECEIVE A FIVE PERCENT PREFERENCE THROUGH THE USE OF SET-ASIDES ON CONTRACT AWARDS WHERE THE AWARDING PROCUREMENT OFFICER DETERMINES THE BUSINESS IS OTHERWISE QUALIFIED TO PERFORM THE REQUIREMENTS OF THE CONTRACT.

Rep. TOOLE moved to adjourn debate on the Bill until Thursday, April 5, which was agreed to.

LEAVE OF ABSENCE

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

H. 3896--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3896 (Word version) -- Reps. Duckworth, Kirby, Johnson, Hardee, Hosey, Crosby, Arrington, Daning, V. S. Moss, Elliott, Bales, Bannister, Bennett, Dillard, Hamilton, Willis, Murphy, Stavrinakis, McCoy, McGinnis, Hewitt, Jefferson, Williams, McEachern, W. Newton and Clary: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF A COUNTY GOVERNMENT, SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO ADOPT BY ORDINANCE THE REQUIREMENT THAT A RESIDENTIAL OR COMMERCIAL PROPERTY OWNER SHALL KEEP A LOT OR OTHER PROPERTY CLEAN AND FREE OF RUBBISH AND TO PROVIDE A PROCEDURE FOR ENFORCEMENT OF THE ORDINANCE.

The House Committee on Judiciary proposed the following Amendment No. 1 to H. 3896 (COUNCIL\ZW\3896C001.GGS.ZW18), which was adopted:
Amend the bill, as and if amended, by striking all after the amending words and inserting:
/   SECTION   1.   Section 4-9-30 of the 1976 Code is amended by adding at the end:

"(18)(a)   to provide by ordinance that the owner of a lot or property in the county, whether residential or commercial, shall keep that lot or property clean and free of rubbish, debris, and other unhealthy conditions that constitute a public nuisance; however,

(i)     land zoned for farming and agriculture, land used for the production of food, fiber, or other agricultural products, and archaeological resources to include artifacts, relics, burial objects, property designated as historically significant, or material remains of past human life specifically are excluded from an ordinance enacted pursuant to this item; and

(ii)   an ordinance enacted pursuant to this item must not be solely for aesthetic purposes; and

(b)   to provide by ordinance for notification from the designated county official to the owner of conditions needing correction; provide for a hearing before a hearing officer as designated in the ordinance, that hearing to determine if the owner needs to take action to correct the conditions; provide that the property owner may appeal the order to the county council within sixty days of the order; provide that the property owner may appeal to the administrative law court within thirty days of a final county council determination; provide that the property owner may appeal a final determination of the administrative law court to the circuit court to conduct a trial de novo within fifteen days of the final determination of the administrative law court; provide the terms and conditions under which an employee of the county or a person employed for that purpose may go on the property to correct the conditions after all appeals are exhausted or in the absence of any appeals provided in this section; and provide that not more than the actual cost of correcting the conditions becomes a lien upon the real estate and is collectable as a county tax."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. DUCKWORTH explained the amendment.

Rep. PENDARVIS spoke in favor of the amendment.
The amendment was then adopted.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 73; Nays 31

Those who voted in the affirmative are:

Allison                Anderson               Arrington
Atkinson               Bales                  Bernstein
Blackwell              Bowers                 Brown
Bryant                 Caskey                 Clary
Clemmons               Clyburn                Cobb-Hunter
Cole                   Collins                Crawford
Crosby                 Daning                 Davis
Delleney               Dillard                Douglas
Duckworth              Elliott                Erickson
Forrest                Fry                    Funderburk
Gilliard               Govan                  Hardee
Hayes                  Hewitt                 Hosey
Howard                 Jefferson              Johnson
Jordan                 Kirby                  Knight
Lucas                  Mack                   McCoy
McEachern              McGinnis               V. S. Moss
Murphy                 B. Newton              W. Newton
Norrell                Ott                    Pendarvis
Pope                   Ridgeway               M. Rivers
S. Rivers              Robinson-Simpson       Sandifer
Simrill                G. M. Smith            J. E. Smith
Sottile                Spires                 Taylor
Thigpen                Toole                  Weeks
Wheeler                Whitmire               Williams
Young

Total--73

Those who voted in the negative are:

Atwater                Ballentine             Bannister
Bennett                Bradley                Burns
Chumley                Felder                 Finlay
Forrester              Gagnon                 Hamilton
Henderson              Hill                   Huggins
King                   Loftis                 Long
Lowe                   Mace                   McCravy
D. C. Moss             Parks                  Pitts
Putnam                 G. R. Smith            Tallon
Thayer                 Trantham               West
White

Total--31

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

S. 27--DEBATE ADJOURNED

The following Bill was taken up:

S. 27 (Word version) -- Senators Campsen, Young, Hembree, Climer, Gregory, Scott, J. Matthews, Setzler, Turner and Timmons: A BILL TO AMEND SECTION 59-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE SUPERINTENDENT BY THE GOVERNOR, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, AND TO PROVIDE FOR THE TERM, QUALIFICATIONS, AND FILLING OF A VACANCY IN THE OFFICE OF SUPERINTENDENT; AND TO REPEAL SECTION 59-3-20 RELATING TO VACANCIES IN THE OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION.

Rep. DELLENEY moved to adjourn debate on the Bill until Tuesday, April 10, which was agreed to.
Rep. COLLINS moved that the House do now adjourn, which was agreed to.

ADJOURNMENT

At 5:49 p.m. the House, in accordance with the motion of Rep. KING, adjourned in memory of Rev. Dr. Martin Luther King, Jr, to meet at 10:00 a.m. tomorrow.

***

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