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

NO. 46

JOURNAL

of the

HOUSE OF REPRESENTATIVES

of the

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 10, 2017
________

TUESDAY, APRIL 10, 2018
(STATEWIDE SESSION)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Psalm 118:24: "This is the day the Lord has made; let us rejoice and be glad in it."

Let us pray. Heavenly Father, You have made us to be Your voice and knowledge as we go through this week. Guide these Representatives and staff to us the trust given to them. May they use everyday as a day given to them to use and the promise to serve the people. Bless our Nation, President, State, Governor, Speaker, staff, and all who labor in these Halls of Government. 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. MAGNUSON moved that when the House adjourns, it adjourn in memory of Eliza Caitlyn "Eliza Cait" Millwood, which was agreed to.

REGULATIONS WITHDRAWN

Document No. 4755
Agency: State Board of Education
Statutory Authority: 1976 Code Sections 56-5-180, 56-5-190, 56-5-195, 56-5-196, 59-5-60, 59-67-10, 59-67-20, 59-67-30, 59-67-40, 59-67-160, 59-67-240, 59-67-410, 59-67-470, 59-67-520, 59-67-535, and 59-67-570
Operation of Public Pupil Transportation Services
Received by Speaker of the House of Representatives January 9, 2018
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration: Permanently Withdrawn

Document No. 4790
Agency: State Board of Education
Statutory Authority: 1976 Code Sections 59-5-60 and 59-25-110
Certification Requirements; approval of alternative certification; authorization for the SBE to approve additional alternative certification programs
Received by Speaker of the House of Representatives January 9, 2018
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration: Permanently Withdrawn

Document No. 4759
Agency: South Carolina Human Affairs Commission
Statutory Authority: 1976 Code Sections 31-21-30 and 31-21-100
Investigation Procedures
Received by Speaker of the House of Representatives January 9, 2018
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration May 9, 2018

REPORTS OF STANDING COMMITTEES

Rep. MARTIN, from the Newberry Delegation, submitted a favorable report on:

S. 1144 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 7-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO ELIMINATE THE MIDWAY PRECINCT, AND TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.
Ordered for consideration tomorrow.

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

H. 4834 (Word version) -- Reps. M. Rivers, Williams, Jefferson, Cobb-Hunter, Kirby, Alexander, Hosey, Hart and Thigpen: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION AT THE JUNCTION OF DUKE STREET AND HAMAR STREET IN THE CITY OF BEAUFORT "REVEREND IKE INTERSECTION" 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. 1103 (Word version) -- Senator Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE SECTION OF PENDERBORO ROAD (SC 34-39) FROM THE INTERSECTION OF 501 BYPASS TO THE INTERSECTION OF WELLWOOD ROAD IN MARION, SOUTH CAROLINA, "REVEREND DR. A.C. ROBINSON HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS SECTION OF ROAD CONTAINING THE DESIGNATION.
Ordered for consideration tomorrow.

Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 4590 (Word version) -- Reps. Felder, King, B. Newton, Bryant, Pope, D. C. Moss and Simrill: A BILL TO AMEND SECTION 40-47-755, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION OF AURICULAR DETOXIFICATION THERAPY UNDER THE SUPERVISION OF LICENSED ACUPUNCTURISTS OR LICENSED PHYSICIANS, SO AS TO REDUCE THE REQUIRED DEGREE OF SUCH SUPERVISION FROM DIRECT SUPERVISION TO GENERAL SUPERVISION.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 5224 (Word version) -- Reps. Stavrinakis, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A HOUSE RESOLUTION TO HONOR THE LIFE AND LEGACY OF WILLIAM HENRY RIGGS OF CHARLESTON AND TO EXPRESS THE DEEPEST SYMPATHY TO HIS LOVING FAMILY AND FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5229 (Word version) -- Reps. Hiott, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A HOUSE RESOLUTION TO DECLARE WEDNESDAY, APRIL 25, 2018, AS "SOUTH CAROLINA RECYCLERS' DAY" AND TO COMMEND AND RECOGNIZE SOUTH CAROLINA'S RECYCLERS FOR THEIR CONTRIBUTIONS TO OUR STATE'S ECONOMY, THEIR EFFORTS TO PROMOTE ENERGY EFFICIENCY, AND THEIR LEADERSHIP IN PROVIDING SUSTAINABLE MATERIAL-MANAGEMENT OPTIONS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5225 (Word version) -- Rep. Duckworth: A CONCURRENT RESOLUTION TO CELEBRATE THE OCCASION OF THE FIFTIETH ANNIVERSARY OF THE CITY OF NORTH MYRTLE BEACH AND TO CONGRATULATE AND COMMEND MAYOR MARILYN HATLEY AND THE CITIZENS OF NORTH MYRTLE BEACH FOR A HALF CENTURY OF SHOWCASING BOTH THE BEAUTY AND PROGRESS OF THIS GREAT SOUTH CAROLINA TOWN.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5228 (Word version) -- Reps. Lucas, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A CONCURRENT RESOLUTION TO WELCOME TO THE PALMETTO STATE THE HONORABLE SID L. SCRUGGS III, PAST INTERNATIONAL PRESIDENT OF LIONS CLUBS INTERNATIONAL, ON THE OCCASION OF THE 94TH ANNUAL SOUTH CAROLINA LIONS MULTIPLE DISTRICT 32 STATE CONVENTION AND TO HONOR THE LIONS CLUBS FOR THEIR MANY YEARS OF COMMUNITY SERVICE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5230 (Word version) -- Reps. Hiott, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE GENERAL ASSEMBLY UPON THE ONE HUNDRED SEVENTY-FIFTH ANNIVERSARY OF KENTWOOL, TO HONOR ITS LONG HISTORY OF SERVICE AND COMMITMENT TO THE STATE OF SOUTH CAROLINA, AND TO REMEMBER AND APPRECIATE THE WORK OF ITS LATE CEO, MARK KENT.

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

INTRODUCTION OF BILLS

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

H. 5223 (Word version) -- Rep. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-260 SO AS TO PROVIDE THAT A PERSON MAY NOT BE ELECTED TO THE GENERAL ASSEMBLY IF THE ELECTION IS HELD IN A YEAR AFTER THE YEAR IN WHICH THAT PERSON REACHES THE AGE OF SEVENTY-TWO.
Referred to Committee on Judiciary

H. 5226 (Word version) -- Rep. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-268 SO AS TO REQUIRE CERTAIN DENTAL SERVICES AND ITEMS TO BE COVERED UNDER THE MEDICAID INCURRED MEDICAL EXPENSES PROGRAM FOR NURSING HOME RESIDENTS AND TO SET FORTH THE REIMBURSEMENT PROCESS FOR DENTAL SERVICE PROVIDERS.
Referred to Committee on Ways and Means

H. 5227 (Word version) -- Reps. Hewitt, Crawford, Clemmons, Long and Hamilton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-65 SO AS TO AUTHORIZE A HOMEOWNER OR TENANT TO DISPLAY ANY FOR SALE SIGN ON THE PREMISES REGARDLESS OF ANY PROVISION IN A DEED, CONTRACT, LEASE, RENTAL AGREEMENT, OR HOMEOWNER'S ASSOCIATION DOCUMENT, AND TO PROHIBIT A DEED, CONTRACT, LEASE, RENTAL AGREEMENT, OR HOMEOWNER'S ASSOCIATION DOCUMENT FROM PRECLUDING A TENANT OR HOMEOWNER FROM DISPLAYING A FOR SALE SIGN.
Referred to Committee on Judiciary

H. 5231 (Word version) -- Reps. Pitts, West and White: A BILL TO AMEND SECTION 50-9-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF REVENUES GENERATED FROM THE SALE OF PRIVILEGES TO HUNT AND FISH BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THE DISTRIBUTION OF REVENUE GENERATED FROM THE SALE OF RECREATIONAL AND COMMERCIAL MARINE LICENSES, PERMITS, AND TAGS.
On motion of Rep. PITTS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 412 (Word version) -- Senators Campbell, Massey, J. Matthews, Shealy, Gambrell, Nicholson, Williams, Grooms, Allen, Talley, Rice and Turner: A BILL TO AMEND SECTION 12-6-3530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNITY DEVELOPMENT TAX CREDITS, SO AS TO INCREASE THE TAX CREDIT FOR COMMUNITY DEVELOPMENT CORPORATIONS AND COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FROM THIRTY-THREE PERCENT OF AMOUNTS INVESTED TO ONE-HUNDRED PERCENT OF AMOUNTS INVESTED, TO DELETE AN AGGREGATE CREDIT PROVISION AND SET AN ANNUAL LIMIT OF TAX CREDITS AT FIVE MILLION DOLLARS, TO ESTABLISH TAX CREDIT RESERVE ACCOUNTS FOR THE FIRST THREE QUARTERS OF EACH TAX YEAR SO AS TO AVOID THE DEPLETION OF CREDITS BY AN INDIVIDUAL TAXPAYER; TO DELETE THE PRO-RATA DISTRIBUTION OF TAX CREDITS, TO ALLOW FINANCIAL INSTITUTIONS WITH TAX LIABILITIES IN THIS STATE TO INVEST IN CERTIFIED COMMUNITY DEVELOPMENT CORPORATIONS FOR THE PURPOSE OF RECEIVING A TAX CREDIT, TO PROVIDE THAT RETURNS ON INVESTMENTS IN CERTIFIED COMMUNITY DEVELOPMENT CORPORATIONS AND CERTIFIED COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS MAY NOT EXCEED THE TOTAL AMOUNT OF THE INITIAL INVESTMENT, TO QUALIFY THE SOUTH CAROLINA ASSOCIATION FOR COMMUNITY ECONOMIC DEVELOPMENT AS A COMMUNITY DEVELOPMENT CORPORATION AND TO QUALIFY THE SOUTH CAROLINA COMMUNITY CAPITAL ALLIANCE AS A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION; AND TO AMEND SECTION 4 OF ACT 314 OF 2000, AS AMENDED, RELATING TO COMMUNITY DEVELOPMENT CORPORATIONS AND FINANCIAL INSTITUTIONS, SO AS TO EXTEND THE PROVISIONS OF THE SOUTH CAROLINA COMMUNITY ECONOMIC DEVELOPMENT ACT UNTIL JUNE 30, 2027.
Referred to Committee on Ways and Means

S. 820 (Word version) -- Senators Fanning, Climer and Peeler: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY PERMITS UPON A REFERENDUM VOTE, SO AS TO DELETE A PRIOR REFERENCE TO A DATE.
Referred to Committee on Judiciary

S. 1120 (Word version) -- Senator Campsen: A BILL TO ENACT THE "SOUTH CAROLINA LIEUTENANT GOVERNOR RESTRUCTURING ACT OF 2018" INCLUDING PROVISIONS TO AMEND SECTIONS 1-3-620, 1-17-20, 1-23-125(B), 1-23-125(D), 2-3-30, 2-3-90, 7-11-30(A), 7-17-10, 10-1-40, 14-27-20(10), 14-27-30, 14-27-40(2), 14-27-80, 44-56-840(A), AND 59-6-15(A), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE LIEUTENANT GOVERNOR, SO AS TO REVISE STATUTORY REFERENCES TO CONFORM TO CONSTITUTIONAL AND STATUTORY CHANGES CONCERNING SELECTION AS PART OF A JOINT TICKET AND TO MAKE THE GOVERNOR RESPONSIBLE FOR THE EXISTING DUTIES AND RESPONSIBILITIES OF THE LIEUTENANT GOVERNOR SO THE GOVERNOR MAY DETERMINE HOW THOSE DUTIES AND RESPONSIBILITIES MAY BE ACCOMPLISHED; TO AMEND SECTIONS 1-11-720(A)(9), 1-30-10(A), 9-1-10(11)(g), 9-1-10(14), 29-4-60(D), 43-21-10, 43-21-20, 43-21-45, 43-21-60, 43-21-70, 43-21-100, 43-21-130(A)(1), 43-21-190(2), 44-36-20(21), 44-36-50, 44-36-310, 44-36-320(7), AND 44-36-330, RELATING TO THE OFFICE OF THE LIEUTENANT GOVERNOR, DIVISION ON AGING, SO AS TO CREATE IN THE EXECUTIVE BRANCH A DEPARTMENT ON AGING; TO REQUIRE, ON OR BEFORE JANUARY 1, 2019, THE CODE COMMISSIONER TO PREPARE AND DELIVER A REPORT TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES RECOMMENDING ANY ADDITIONAL APPROPRIATE AND CONFORMING CHANGES TO THE 1976 CODE OF LAWS REFLECTING THE PROVISIONS OF THIS ACT; AND ON OR BEFORE JANUARY 1, 2019, TO REQUIRE THE JOINT LEGISLATIVE COMMITTEE ON AGING TO PREPARE AND DELIVER A REPORT TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES RECOMMENDING ANY ADDITIONAL CHANGES TO THE DEPARTMENT ON AGING CREATED BY THIS ACT TO ENHANCE EFFICIENT AND COST EFFECTIVE DELIVERY OF SERVICES TO THE AGING COMMUNITY IN ACCORDANCE WITH THE FEDERAL OLDER AMERICANS ACT.
Referred to Committee on Judiciary

S. 1128 (Word version) -- Senators Rankin, Hutto, Massey, McElveen, Sabb, Gambrell and Climer: A JOINT RESOLUTION TO AUTHORIZE THE EXECUTIVE DIRECTOR OF THE OFFICE OF REGULATORY STAFF TO FILE AN ACTION IN CIRCUIT COURT TO REQUIRE THE PRODUCTION OF DOCUMENTS OR WITNESSES IN CERTAIN CIRCUMSTANCES IF AN ENTITY HAS PROVIDED GOODS OR SERVICES TO A UTILITY FOR THE DESIGN, CONSTRUCTION, OR OPERATION OF A FACILITY THAT HAS BEEN THE SUBJECT OF A PROCEEDING CONCERNING THE BASE LOAD REVIEW ACT; TO PROVIDE THAT THE ONLY RELIEF THE COURT MAY ORDER IS FOR THE PRODUCTION OF DOCUMENTS, REQUIRING THE APPEARANCE OF WITNESSES, ALLOWING THE OFFICE OF REGULATORY STAFF TO TAKE DEPOSITIONS, OR A COMBINATION THEREOF; TO REQUIRE THE ACTION TO BE HEARD AS AND DECIDED AS EXPEDITIOUSLY AS CONSISTENT WITH DUE PROCESS; AND TO PROVIDE FOR PENALTIES FOR FAILURE TO COMPLY WITH A COURT ORDER ISSUED PURSUANT TO THIS JOINT RESOLUTION.
Referred to Committee on Judiciary

S. 1142 (Word version) -- Senators Sheheen and Campsen: A JOINT RESOLUTION TO PROVIDE FOR THE OBSERVANCE OF THE SESTERCENTENNIAL OF THE AMERICAN REVOLUTION IN SOUTH CAROLINA AND TO ESTABLISH THE AMERICAN REVOLUTION SESTERCENTENNIAL COMMISSION OF SOUTH CAROLINA.
Referred to Committee on Judiciary

ROLL CALL

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

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

Total Present--119

STATEMENT FOR THE JOURNAL

Dear Speaker Lucas,

I have been asked to deliver the sermon at the funeral service of my wife's uncle to be held on Tuesday, April 10.

I am requesting leave for this date of Tuesday, April 10, 2018.
Best Regards,
Rep. Alan Clemmons

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

ACTING SPEAKER DELLENEY IN CHAIR

DOCTOR OF THE DAY

Announcement was made that Dr. Brendan T. Doherty of Orangeburg was the Doctor of the Day for the General Assembly.

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-SPONSOR ADDED

Bill Number:   H. 4162 (Word version)
Date:   ADD:
04/10/18   DILLARD

CO-SPONSOR ADDED

Bill Number:   H. 4308 (Word version)
Date:   ADD:
04/10/18   HAMILTON

SPEAKER IN CHAIR

Rep. BANNISTER moved that the House recede until 1:45 p.m., which was agreed to.

THE HOUSE RESUMES

At 1:45 p.m. the House resumed, Acting SPEAKER ANTHONY 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. DANING a leave of absence for the remainder of the day.

ACTING SPEAKER W. NEWTON IN CHAIR

SPEAKER IN CHAIR

SENT TO THE SENATE

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

H. 4799 (Word version) -- Reps. Howard, Gilliard, Davis, Brawley and King: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 45, TITLE 40 ENTITLED THE "PHYSICAL THERAPY LICENSURE COMPACT"; TO PROVIDE FOR THE ENTRY OF SOUTH CAROLINA INTO THIS MULTI-STATE COMPACT, TO PROVIDE FOR THE STRUCTURE, FUNCTIONS, POWERS, AND DUTIES OF THE GOVERNING BODY OF THE COMPACT; TO PROVIDE THE OBLIGATIONS, BENEFITS, AND RIGHTS OF COMPACT MEMBERS; AND TO DESIGNATE THE EXISTING PROVISIONS OF ARTICLE 3, CHAPTER 45, TITLE 40 AS "GENERAL PROVISIONS".

S. 1101--ORDERED TO THIRD READING

The following Bill was taken up:

S. 1101 (Word version) -- Senators Young, Hutto and Massey: A BILL TO AMEND ACT 205 OF 2016, RELATING TO AN EXEMPTION OF PRIVATE, FOR-PROFIT PIPELINE COMPANIES FROM CERTAIN RIGHTS, POWERS, AND PRIVILEGES OF TELEGRAPH AND TELEPHONE COMPANIES THAT OTHERWISE ARE EXTENDED TO PIPELINE COMPANIES, TO EXTEND THE SUNSET PROVISION TO NOVEMBER 30, 2020.

Rep. HIXON explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 104; Nays 0

Those who voted in the affirmative are:

Anderson               Anthony                Atkinson
Bales                  Ballentine             Bannister
Bennett                Bernstein              Blackwell
Bowers                 Bradley                Brawley
Brown                  Bryant                 Caskey
Chumley                Clary                  Clyburn
Cogswell               Cole                   Collins
Crawford               Crosby                 Davis
Delleney               Dillard                Douglas
Duckworth              Elliott                Erickson
Finlay                 Forrest                Forrester
Fry                    Funderburk             Gagnon
Gilliard               Hamilton               Hardee
Hayes                  Henderson              Henderson-Myers
Henegan                Herbkersman            Hewitt
Hill                   Hixon                  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
B. Newton              W. Newton              Norrell
Ott                    Parks                  Pendarvis
Pitts                  Putnam                 Ridgeway
S. Rivers              Robinson-Simpson       Rutherford
Sandifer               Simrill                G. M. Smith
G. R. Smith            J. E. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Thayer                 Thigpen
Toole                  Trantham               Weeks
West                   Wheeler                White
Whitmire               Williams               Willis
Young                  Yow

Total--104

Those who voted in the negative are:

Total--0

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

H. 5145--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 5145 (Word version) -- Reps. Johnson, Duckworth, Fry, Yow, McGinnis, Hewitt, Hardee, Clemmons and Crawford: A BILL TO AMEND SECTION 56-1-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF THE DRIVER'S LICENSE EXAMINATION BY PERSONS, CORPORATIONS, OR GOVERNMENTAL SUBDIVISIONS UNDER CONTRACT WITH THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MUST ENTER INTO CONTRACTS WITH THE UNITED STATES DEPARTMENT OF DEFENSE TO OFFER THIS SERVICE TO CERTAIN INDIVIDUALS.

Rep. JOHNSON proposed the following Amendment No. 1 to H. 5145 (COUNCIL\CM\5145C001.GT.CM18), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION   1.   Section 56-1-15 of the 1976 Code is amended by adding the following appropriately lettered subsection at the end:
/   "( )   Additionally, the department must enter into contracts with the United States Department of Defense for active duty military members assigned outside of the contiguous United States to administer the portion of the Class M driver's license examination that tests the driver's license applicant's ability to read and understand highway signs that regulate, warn, and direct traffic, and his knowledge of the traffic laws of the State, and the actual demonstration of his ability to exercise ordinary and reasonable control in the operation of the motorcycle. Any test given to test a person's knowledge and skills must be equal to or exceed the test administered by the department. Prior to the Department of Defense administering any test, its testing procedures must be approved by the department. Those testing under the provisions of this subsection are exempted from the random testing provisions outlined in subsection (B). The course completion and testing certificate must be postmarked or electronically received by the department within thirty days of completion."   /
SECTION   2.   This act takes effect six months after approval by the Governor.
Renumber sections to conform.
Amend title to conform.

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

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 103; Nays 0

Those who voted in the affirmative are:

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

Total--103

Those who voted in the negative are:

Total--0

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

H. 4182--REQUESTS FOR DEBATE WITHDRAWN

Reps. HIOTT and BENNETT withdrew their requests for debate on H. 4182 (Word version); however, other requests for debate remained on the Bill.

S. 340--RECONSIDERED AND ORDERED TO
THIRD READING

The motion of Rep. SIMRILL to reconsider the vote whereby the following Bill was rejected was taken up and agreed to:

S. 340 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 1-3-230 OF THE 1976 CODE, RELATING TO THE APPOINTMENT OF SOUTH CAROLINA'S POET LAUREATE, TO PROVIDE THAT THE SOUTH CAROLINA ARTS COMMISSION SHALL PROVIDE THE GOVERNOR WITH RECOMMENDATIONS OF QUALIFIED CANDIDATES AND TO ESTABLISH TERMS OF OFFICE AND DUTIES.

Rep. SIMRILL spoke in favor of the Bill.
Rep. HILL spoke against the Bill.
Rep. SIMRILL 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 76; Nays 30

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Atkinson               Bales                  Ballentine
Bannister              Bernstein              Blackwell
Bowers                 Bradley                Brown
Bryant                 Clary                  Clyburn
Collins                Crosby                 Davis
Delleney               Dillard                Douglas
Duckworth              Felder                 Forrest
Funderburk             Gilliard               Govan
Hamilton               Hart                   Hayes
Henderson              Henderson-Myers        Henegan
Hiott                  Hixon                  Hosey
Huggins                King                   Kirby
Knight                 Lucas                  Mack
Martin                 McCravy                McEachern
McKnight               D. C. Moss             V. S. Moss
B. Newton              W. Newton              Norrell
Parks                  Pendarvis              Ridgeway
M. Rivers              S. Rivers              Robinson-Simpson
Rutherford             Sandifer               Simrill
G. M. Smith            J. E. Smith            Sottile
Spires                 Stavrinakis            Tallon
Trantham               Weeks                  West
Wheeler                White                  Whitmire
Williams               Willis                 Young
Yow

Total--76

Those who voted in the negative are:

Arrington              Bennett                Burns
Caskey                 Chumley                Cogswell
Elliott                Erickson               Finlay
Forrester              Fry                    Gagnon
Hardee                 Herbkersman            Hewitt
Hill                   Johnson                Jordan
Loftis                 Long                   Lowe
Mace                   Magnuson               Pitts
Putnam                 G. R. Smith            Stringer
Thayer                 Thigpen                Toole

Total--30

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

H. 4182--REQUEST FOR DEBATE WITHDRAWN

Reps. HART, with unanimous consent, withdrew his request for debate on the following Bill:

H. 4182 (Word version) -- Reps. White, Clary and Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "STATE INSTITUTION OF HIGHER EDUCATION ENTERPRISE ACT", BY ADDING CHAPTER 157 TO TITLE 59 SO AS TO ALLOW THE BOARD OF TRUSTEES OF AN INSTITUTION OF HIGHER EDUCATION TO ESTABLISH BY RESOLUTION AN ENTERPRISE DIVISION AS PART OF THE COLLEGE OR UNIVERSITY, TO PROVIDE THAT CERTAIN ASSETS, PROGRAMS, AND OPERATIONS OF THE INSTITUTION MAY BE TRANSFERRED TO THE ENTERPRISE DIVISION, TO PROVIDE THAT THE ENTERPRISE DIVISION IS EXEMPT FROM VARIOUS STATE LAWS GOVERNING PROCUREMENT, HUMAN RESOURCES, PERSONNEL, AND THE DISPOSITION OF REAL AND PERSONAL PROPERTY, SUBJECT TO CERTAIN EXEMPTIONS, TO PROVIDE THAT BONDS, NOTES, OR OTHER EVIDENCE OF INDEBTEDNESS MAY BE ISSUED FOR THE ENTERPRISE DIVISION, AND TO PROVIDE AUDIT AND REPORTING REQUIREMENTS; AND TO AMEND SECTION 11-35-710, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA PROCUREMENT CODE, SO AS TO PROVIDE THAT THE STATE FISCAL ACCOUNTABILITY AUTHORITY MAY EXEMPT AN ENTERPRISE DIVISION IF A DIVISION IS ESTABLISHED PURSUANT TO CHAPTER 157, TITLE 59 IF THE BOARD OF TRUSTEES ADOPTS A PROCUREMENT POLICY FOR THE DIVISION THAT IS APPROVED BY THE AUTHORITY.

OBJECTION TO RECALL

Rep. WILLIAMS asked unanimous consent to recall H. 3326 (Word version) from the Committee on Education and Public Works.
Rep. ALLISON objected.

OBJECTION TO RECALL

Rep. WILLIAMS asked unanimous consent to recall H. 3327 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. SANDIFER objected.

OBJECTION TO RECALL

Rep. WILLIAMS asked unanimous consent to recall H. 3335 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. SANDIFER objected.

OBJECTION TO RECALL

Rep. WILLIAMS asked unanimous consent to recall H. 4464 (Word version) from the Committee on Judiciary.
Rep. DELLENEY objected.

OBJECTION TO RECALL

Rep. WILLIAMS asked unanimous consent to recall H. 4522 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. SANDIFER objected.

OBJECTION TO RECALL

Rep. GOVAN asked unanimous consent to recall H. 4804 (Word version) from the Committee on Judiciary.
Rep. DELLENEY objected.

LEAVE OF ABSENCE

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

H. 4182--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4182 (Word version) -- Reps. White, Clary and Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "STATE INSTITUTION OF HIGHER EDUCATION ENTERPRISE ACT", BY ADDING CHAPTER 157 TO TITLE 59 SO AS TO ALLOW THE BOARD OF TRUSTEES OF AN INSTITUTION OF HIGHER EDUCATION TO ESTABLISH BY RESOLUTION AN ENTERPRISE DIVISION AS PART OF THE COLLEGE OR UNIVERSITY, TO PROVIDE THAT CERTAIN ASSETS, PROGRAMS, AND OPERATIONS OF THE INSTITUTION MAY BE TRANSFERRED TO THE ENTERPRISE DIVISION, TO PROVIDE THAT THE ENTERPRISE DIVISION IS EXEMPT FROM VARIOUS STATE LAWS GOVERNING PROCUREMENT, HUMAN RESOURCES, PERSONNEL, AND THE DISPOSITION OF REAL AND PERSONAL PROPERTY, SUBJECT TO CERTAIN EXEMPTIONS, TO PROVIDE THAT BONDS, NOTES, OR OTHER EVIDENCE OF INDEBTEDNESS MAY BE ISSUED FOR THE ENTERPRISE DIVISION, AND TO PROVIDE AUDIT AND REPORTING REQUIREMENTS; AND TO AMEND SECTION 11-35-710, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA PROCUREMENT CODE, SO AS TO PROVIDE THAT THE STATE FISCAL ACCOUNTABILITY AUTHORITY MAY EXEMPT AN ENTERPRISE DIVISION IF A DIVISION IS ESTABLISHED PURSUANT TO CHAPTER 157, TITLE 59 IF THE BOARD OF TRUSTEES ADOPTS A PROCUREMENT POLICY FOR THE DIVISION THAT IS APPROVED BY THE AUTHORITY.

The Committee on Ways and Means proposed the following Amendment No. 1 to H. 4182 (COUNCIL\WAB\4182C002.AGM. WAB18), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION   1.   Title 59 of the 1976 Code is amended by adding:

"CHAPTER 157
The State Institution of Higher Education Efficiency Act

Section 59-157-110.   This chapter may be cited as the 'State Institution of Higher Education Efficiency Act'.

Section 59-157-120.   As used in this chapter:

(1)   'Board of trustees' means the board of trustees of an institution defined in item (3).

(2)   'Capital project' means the constructing, improving, equipping, renovating, or repairing of any buildings, structure, facility, or other permanent improvement project; the acquisition of land to construct or establish a building, structure, facility; or a permanent improvement project as defined in Section 2-47-50.

(3)   'Institution' means The Citadel, Clemson University, Coastal Carolina University, College of Charleston, Francis Marion University, Lander University, the Medical University of South Carolina, South Carolina State University, Winthrop University, and the University of South Carolina's main campus in Columbia and its Aiken, Beaufort, and Upstate campuses.

(4)   'Auxiliary activities' means programs and functions primarily related to research, housing, food services, stores, and athletics, with each constituting an auxiliary activity.

(5)   'Auxiliary division' means an operational unit of an institution established pursuant to this chapter. The auxiliary division will be referred to in this chapter as the 'division' or 'auxiliary division'.

(6)   'Procurement' has the same meaning as in Section 11-35-310(24).

(7)   'SCCPC' means the South Carolina Consolidated Procurement Code, as provided in Chapter 35, Title 11, and regulations promulgated pursuant to it.

(8)   'Transferable items' means, collectively, the duties, responsibilities, assets, personnel, and resources of, allocated to, or supporting an auxiliary activity.

Section 59-157-130.   (A)   A board of trustees, by resolution, may establish auxiliary divisions for its institution.

(B)   A division created pursuant to this chapter is a constituent part of its institution.

(C)   The resolution creating the division must assign auxiliary activities and the transferable items to that division and may amend that assignment from time to time as the board of trustees considers appropriate.

(D)   The division and other non-division activities of the institution may share support resources and allocate cost for shared resources in an appropriate and reasonable manner.

Section 59-157-140.   (A)   The board of trustees has the same powers, duties, and responsibilities to manage and control the division as it does with other non-division activities of the institution.

(B)   Contracts or agreements entered into for division activities including capital projects for the division, and the financing of those capital projects, are exempt from the provisions of Chapter 11, Title 1, Section 10-1-130, Chapter 47, Title 2, and Chapter 103, Title 59.

(C)   Notwithstanding another provision of this chapter, any permanent improvement project as defined in Section 2-47-50 which requires the issuance of debt, capital improvement bond funds, state infrastructure bond funds, capital reserve funds or uses of state appropriated funds for its funding must be submitted to the Joint Bond Review Committee for review and comment and to the State Fiscal Accountability Authority for approval.

(D)   Division and non-division purposes are allowed for a division capital project as long as the primary purpose of that project is to support the division's activities.

(E)(1)   Subject to the provisions of item (2), the board of trustees shall adopt for the auxiliary division a procurement policy and amend the policy as it considers appropriate. Before the implementation of the procurement policy or any amendment, the policy or amendment must be approved by the State Fiscal Accountability Authority. Thereafter, every procurement of the auxiliary division is exempt from the SCCPC, and each procurement instead is subject to the procurement policy adopted by the board.

(2)(a)   The procurement policy adopted by the auxiliary division may not include provisions relating to telecommunications, and the auxiliary division is subject to all procurement provisions relating to telecommunications and telecommunications equipment and service as set forth in the SCCPC and Section 1-11-430 unless otherwise exempt by Section 11-35-710(6).

(b)   The auxiliary division may not construct, own, or operate a network that carries commercial traffic, commercial internet traffic, or K-12 traffic originated in South Carolina.

(F)   The board may retain for the support of the division the services of advisors, consultants, attorneys, accountants, and financial experts, setting their duties and compensation without the necessity of additional approval.

Section 59-157-150.   Institutions are exempt from the requirements of Section 2-47-50 for permanent improvement projects which are:

(1)   not part of an auxiliary division, where the cost is less than five million dollars for research universities as defined in Section 11-51-30(5) and less than two million dollars for all other institutions and for which no debt, capital improvement bond funds, capital reserve funds or state appropriated funds, or state infrastructure bond funds are required to fund the project; and

(2)   included in the institution's comprehensive permanent improvement plan (CPIP).

Section 59-157-160. (A) The board of trustees annually before September thirtieth shall provide the Governor, the Senate Finance Committee, and the House Ways and Means Committee with a report of:

(1) property acquired or disposed, contracts or agreements entered, and capital projects commenced by the auxiliary divisions during the preceding fiscal year under the authority granted in this chapter; and

(2) capital projects exempt under the provisions of Section 59-157-150 that were commenced under the authority granted in this chapter during the preceding fiscal year.

(B)   The board of trustees also shall establish an internal audit function to monitor the activities of the auxiliary division, and annually before September thirtieth report the findings of this audit function from the preceding fiscal year to the Governor, the Senate Finance Committee, and the House Ways and Means Committee.

Section 59-157-170.   This chapter may in no way be construed as a waiver of sovereign immunity with respect to the institution including its auxiliary divisions. The tort liability for the institution including its auxiliary divisions must be governed by the South Carolina Tort Claims Act.

Section 59-157-180.   Nothing in this chapter may be construed to exempt the auxiliary division from the provisions of Section 59-103-35, relating to the approval of new programs by the Commission on Higher Education, and auxiliary division land transactions, including leases, and permanent improvement projects are the only functions and areas removed from the commission."
SECTION   2.   Section 11-35-710 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:

"( )   an auxiliary division, if a division is established pursuant to Chapter 157, Title 59, for which the board of trustees, pursuant to Section 59-157-140(E), has adopted a procurement policy for the division and the procurement policy was approved by the State Fiscal Accountability Authority."
SECTION   3.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION   4.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

Rep. WHITE proposed the following Amendment No. 2 to H. 4182 (COUNCIL\WAB\4182C004.AGM.WAB18), which was adopted:
Amend the bill, as and if amended, Section 59-157-140(B), as contained in SECTION 1, by deleting /, and the financing of those capital projects, /.
Amend the bill further, Section 59-157-140(C), as contained in SECTION 1, by deleting the subsection in its entirety and inserting:
/   (C)   Notwithstanding another provision of this chapter:

(1)   a permanent improvement project, as defined in Section 2-47-50, must be submitted to the Joint Bond Review Committee for review and comment and to the State Fiscal Accountability Authority for approval if the project:

(a)   requires the issuance of debt which involves funds derived from the issuance of private debt, excluding said private debt issued by the South Carolina Jobs Economic Development Authority;

(b)   requires revenue bonds authorized pursuant to Title X, Section 13(9) of the South Carolina Constitution;

(c)   requires state general obligation bond funds; capital reserve funds; or

(d)   uses State-appropriated funds for its funding; and

(2)   private debt issued by the South Carolina Jobs Economic Development Authority must continue to go before the South Carolina Coordinating Council for Economic Development. /
Amend the bill further, Section 59-157-160(B), as contained in SECTION 1, by deleting the subsection in its entirety and inserting:
/   (B)   The board of trustees also shall establish internal and external audit functions to monitor the activities of the auxiliary division, and annually before September thirtieth report the findings of these internal and external audit functions from the preceding fiscal year to the Governor, the Senate Finance Committee, and the House Ways and Means Committee. /
Renumber sections to conform.
Amend title to conform.

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

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 107; Nays 2

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Arrington              Atkinson               Bales
Ballentine             Bannister              Bennett
Bernstein              Blackwell              Bowers
Bradley                Brawley                Brown
Bryant                 Burns                  Caskey
Chumley                Clary                  Clyburn
Cogswell               Cole                   Collins
Crawford               Crosby                 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                 Hiott
Hixon                  Hosey                  Howard
Huggins                Jefferson              Johnson
Jordan                 King                   Kirby
Knight                 Loftis                 Long
Lowe                   Lucas                  Mack
McCoy                  McCravy                McEachern
McGinnis               McKnight               D. C. Moss
V. S. Moss             B. Newton              W. Newton
Norrell                Ott                    Parks
Pendarvis              Pitts                  Putnam
M. Rivers              S. Rivers              Robinson-Simpson
Rutherford             Sandifer               Simrill
G. M. Smith            G. R. Smith            J. E. Smith
Sottile                Spires                 Stavrinakis
Stringer               Tallon                 Thayer
Thigpen                Toole                  Trantham
Weeks                  Wheeler                White
Whitmire               Williams               Willis
Young                  Yow

Total--107

Those who voted in the negative are:

Hill                   Mace

Total--2

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

OBJECTION TO RECALL

Rep. HART asked unanimous consent to recall H. 3504 (Word version) from the Committee on Rules.
Rep. FRY objected.

OBJECTION TO RECALL

Rep. G. R. SMITH asked unanimous consent to recall H. 4859 (Word version) from the Committee on Ways and Means.
Rep. WILLIAMS objected.

OBJECTION TO RECALL

Rep. MCKNIGHT asked unanimous consent to recall H. 3015 (Word version) from the Committee on Judiciary.
Rep. DELLENEY objected.

OBJECTION TO RECALL

Rep. HART asked unanimous consent to recall H. 3486 (Word version) from the Committee on Ways and Means.
Rep. WHITE objected.

OBJECTION TO RECALL

Rep. GILLIARD asked unanimous consent to recall H. 4437 (Word version) from the Committee on Ways and Means.
Rep. WHITE objected.

H. 4421--REJECTED

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, Funderburk, Loftis, M. Rivers, Cobb-Hunter and King: 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.

PARLIAMENTARY INQUIRY

Rep. THAYER raised a Parliamentary Inquiry on H. 4421. She inquired if the Bill's property tax exemption would require the Bill to receive a two-thirds vote of the membership of the House pursuant to Article X, Section 3, of the South Carolina Constitution.
SPEAKER asked if any Member wished to be heard on the Parliamentary Inquiry.
Rep. J. E. SMITH responded that the issue of whether the Bill required a two-thirds vote of the House membership was not properly before the Body and not ripe for consideration by the SPEAKER as it was untimely.
Rep. NORRELL responded that the Bill did not create a property tax exemption because the property in question was not currently taxed. She stated further that if the Bill contained a property tax exemption that it was a special law and not a general law subject to Article X, Section 3. She also stated that the Bill could, if amended by the Senate and returned to the House, receive a two-thirds vote of the membership at that time.
Rep. J. E. SMITH responded in support of Rep. NORRELL's remarks and stated that the two-thirds vote requirement was only required for enactment of the legislation as an Act and was not required at this point in the Bill process.
Rep HAMILTON spoke to the Parliamentary Inquiry and stated that the Bill was a general law that created a new property tax exemption under the statutory law in Section 12-37-220.
Rep. PUTNAM spoke in reference to the Parliamentary Inquiry and stated that a two-thirds vote of the membership was required in order to avoid the possibility that the General Assembly might enact legislation in violation of the Constitution which every Member had taken an oath to uphold.
Rep. NORRELL spoke again on the Parliamentary Inquiry and stated that similar legislation had previously passed the House without the two-thirds vote required under Article X, Section 3. She explained that in 2016 the House had passed S. 626 by a vote of 54 to 36 without a two-thirds vote.
Rep. STAVRINAKIS spoke upon the Parliamentary Inquiry and stated that the Body was focusing on the wrong constitutional provisions. He stated that the Constitution did not prohibit the Bill from advancing, but simply limits what can ultimately be enacted into law.
Rep. HILL addressed the Parliamentary Inquiry and stated that if Rep. NORRELL was correct in stating the Bill to be special legislation that it would possibly violate Article III, Section 34, of the South Carolina that prohibits special laws.

POINT OF ORDER

Rep. HART raised a Point Of Order that the Parliamentary Inquiry was out of Order. He stated that Mason's Manual of Legislative Procedure, Section 252.2 described a Parliamentary Inquiry as a request for information and not subject to debate. He stated that the SPEAKER's entertainment of debate upon the Parliamentary Inquiry was out of order and that a ruling upon the inquiry should be made without further debate.
The SPEAKER sustained Rep. HART's Point Of Order and stated that he would not allow more debate upon the issue from the Members. He specifically thanked Mr. HART for making his Point of Order and establishing that debate of a Parliamentary Inquiry was out of order.

The SPEAKER went on the respond to the Parliamentary Inquiry. He stated that H. 4421 expressly exempts "renewable energy resource property having a nameplate capacity of and generating no greater than twenty kilowatts from property taxes." He stated that Article X, Section 3, mandated that "the General Assembly may provide for exemptions from the property tax, by general laws applicable uniformly to property throughout the State and in all political subdivisions, but only with the approval of two-thirds of the Members of each House."
The SPEAKER stated the constitutional requirement is clear and that a two-thirds vote of the House membership was required to pass the Bill. He stated he appreciated all the points made by the House membership; however, the numerous House Precedents, concerning constitutional requirements of a two-thirds vote of the membership to pass specific legislation, required him to look at the Bill as it is was before the House - not as it might possibly return to the Body in the future. He stated that the Bill, in its current form, created a property tax exemption covered by Article X, Section 3, and must receive the approval of two-thirds of the House membership before being sent to the Senate.
The SPEAKER concluded by stating that because the House had 123 members, with one vacancy, that the Bill must receive a minimum of 82 votes for passage.

Rep. J. E. SMITH moved that, under Rule 4.9, the House resolve itself into a Committee of the Whole to consider H. 4421.

Rep. SIMRILL moved to table the motion.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 54; Nays 51

Those who voted in the affirmative are:

Allison                Arrington              Bannister
Bennett                Blackwell              Bryant
Burns                  Chumley                Cole
Crawford               Davis                  Delleney
Duckworth              Elliott                Felder
Forrest                Forrester              Fry
Gagnon                 Hamilton               Hardee
Henderson              Hewitt                 Hiott
Hixon                  Huggins                Johnson
Jordan                 Long                   Lowe
Lucas                  Martin                 McCravy
McGinnis               D. C. Moss             V. S. Moss
B. Newton              Pitts                  Putnam
S. Rivers              Sandifer               Simrill
G. M. Smith            G. R. Smith            Spires
Tallon                 Thayer                 Toole
West                   White                  Whitmire
Willis                 Young                  Yow

Total--54

Those who voted in the negative are:

Anderson               Anthony                Bales
Ballentine             Bernstein              Bowers
Bradley                Brawley                Brown
Caskey                 Clary                  Clyburn
Cobb-Hunter            Collins                Dillard
Douglas                Erickson               Funderburk
Gilliard               Govan                  Hart
Henderson-Myers        Henegan                Herbkersman
Hill                   Hosey                  Howard
Jefferson              King                   Kirby
Knight                 Loftis                 Mace
Mack                   McCoy                  McEachern
W. Newton              Norrell                Ott
Parks                  Pendarvis              M. Rivers
Robinson-Simpson       Rutherford             J. E. Smith
Stavrinakis            Thigpen                Trantham
Weeks                  Wheeler                Williams

Total--51

POINT OF ORDER

Rep. SANDIFER raised the Point Of Order under Rules 4.2 and 1.9 that the vote to resolve in the Committee of the Whole would require a two-thirds vote because H. 4421 did not come through the committee with normal responsibility for the subject matter.
The SPEAKER overruled the Point of Order.

So, the motion that the House resolve itself into a Committee of the Whole was tabled.

LEAVE OF ABSENCE

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

Rep. J. E. SMITH spoke in favor of the Bill.
Rep. MCCOY spoke in favor of the Bill.
Rep. COBB-HUNTER spoke in favor of the Bill.
Rep. RUTHERFORD spoke in favor of the Bill.
Rep. BALLENTINE spoke in favor of the Bill.
Rep. ARRINGTON spoke in favor of the Bill.
Rep. HILL spoke in favor of the Bill.
Rep. OTT spoke in favor of the Bill.
Rep. CLARY spoke in favor of the Bill.

Rep. ARRINGTON moved to reconsider the vote whereby the motion to resolve the House into a Committee of the Whole was tabled.
Rep. HIOTT moved to table the motion to reconsider.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 55; Nays 54

Those who voted in the affirmative are:

Allison                Bannister              Bennett
Blackwell              Bryant                 Burns
Chumley                Cole                   Crawford
Crosby                 Davis                  Delleney
Duckworth              Elliott                Felder
Forrest                Forrester              Fry
Gagnon                 Hamilton               Hardee
Hayes                  Henderson              Hewitt
Hiott                  Hixon                  Johnson
Jordan                 Long                   Lowe
Lucas                  Martin                 McCravy
McGinnis               D. C. Moss             V. S. Moss
B. Newton              Pitts                  Pope
Putnam                 S. Rivers              Sandifer
Simrill                G. R. Smith            Sottile
Spires                 Stringer               Tallon
Thayer                 Toole                  Trantham
West                   White                  Whitmire
Willis

Total--55

Those who voted in the negative are:

Anderson               Anthony                Arrington
Ballentine             Bernstein              Bowers
Bradley                Brawley                Brown
Caskey                 Clary                  Clyburn
Cobb-Hunter            Cogswell               Collins
Dillard                Douglas                Erickson
Funderburk             Gilliard               Govan
Hart                   Henderson-Myers        Henegan
Hill                   Hosey                  Howard
Huggins                Jefferson              King
Kirby                  Knight                 Loftis
Mace                   Mack                   McCoy
McEachern              McKnight               W. Newton
Norrell                Ott                    Parks
Pendarvis              M. Rivers              Robinson-Simpson
Rutherford             G. M. Smith            J. E. Smith
Stavrinakis            Thigpen                Weeks
Wheeler                Williams               Young

Total--54

So, the motion to reconsider was tabled.

The question then recurred to the passage of the Bill.

Rep. J. E. SMITH spoke in favor of the Bill.

Rep. OTT made the motion to resolve the House into the Committee of the Whole for the purpose of amending the Bill to remove Section 7. Rep. OTT stated that the previous motion to resolve the House into the Committee of the Whole had been to discuss H. 4421 and that his motion was a new and separate motion from the original motion.

The SPEAKER stated the motion to resolve the House into the Committee of the Whole had been clinched when the House had tabled the motion to reconsider.

Rep. PITTS spoke against the Bill.

POINT OF ORDER

Rep. HART raised the Point of Order that a two-thirds vote on H. 4421 was not in order as Rep. THAYER did not make a motion or Point of Order, but had instead raised a Parliamentary Inquiry.
SPEAKER overruled the Point of Order.

POINT OF ORDER

Rep. THIGPEN stated that according to Mason's Manual of Legislative Procedure, Section 517, a motion or measure that conflicts with the constitution of the state or the United States Constitution shall be invalid, and even if adopted by unanimous vote, it is null and void.   Rep. THIGPEN stated that if a two-thirds vote was required for passage of the Bill that the fact that it failed to get a two-thirds vote on second reading rendered second reading null and void. Therefore, the Bill should still be up for consideration on second reading and possible amendments.

The SPEAKER stated that the Bill was on third reading and that based upon numerous prior House Precedents the two-thirds vote requirement could be met on second or third reading.

The SPEAKER overruled the Point of Order.

Rep. NORRELL requested unanimous consent to offer a technical amendment to remove Section 7 of Article 5 of H. 4421.

Rep. HIOTT objected.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 61; Nays 44

Those who voted in the affirmative are:

Anderson               Anthony                Arrington
Bales                  Ballentine             Bennett
Bernstein              Blackwell              Bowers
Bradley                Brawley                Brown
Caskey                 Clary                  Clyburn
Cobb-Hunter            Delleney               Dillard
Douglas                Erickson               Funderburk
Gilliard               Govan                  Hart
Henderson-Myers        Henegan                Herbkersman
Hill                   Hosey                  Howard
Huggins                Jefferson              King
Kirby                  Knight                 Loftis
Mace                   Mack                   McCoy
McEachern              McKnight               W. Newton
Norrell                Ott                    Parks
Pendarvis              Pope                   M. Rivers
Robinson-Simpson       Rutherford             Simrill
G. M. Smith            J. E. Smith            Stavrinakis
Thigpen                Toole                  Trantham
Weeks                  Wheeler                Williams
Young

Total--61

Those who voted in the negative are:

Allison                Atkinson               Bannister
Bryant                 Burns                  Chumley
Collins                Crawford               Davis
Duckworth              Elliott                Felder
Forrest                Forrester              Fry
Gagnon                 Hamilton               Hardee
Hayes                  Henderson              Hiott
Hixon                  Johnson                Jordan
Long                   Lowe                   Lucas
Martin                 McCravy                McGinnis
D. C. Moss             V. S. Moss             B. Newton
Pitts                  Putnam                 Sandifer
G. R. Smith            Stringer               Tallon
Thayer                 West                   White
Whitmire               Willis

Total--44

So, the Bill was rejected.

STATEMENT FOR THE JOURNAL

Dear Speaker Lucas,

I am notifying you that I will not participate in the debate or vote on H. 4421, which relates to solar power lines. In accordance with Section 8-13-700(B) of the SC Code, I recuse myself from voting on this Bill because a potential conflict of interest due to an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected.

I wish to have my recusal noted for the House Journal.
Sincerely,
Rep. William Cogswell

STATEMENT FOR THE JOURNAL

Dear Speaker Lucas,

I am notifying you that I will not participate in the debate or vote on H. 4421, which relates to solar power lines. In accordance with Section 8-13-700(B) of the SC Code, I recuse myself from voting on this Bill because a potential conflict of interest due to an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected.

I wish to have my recusal noted for the House Journal.
Sincerely,
Rep. Lee Hewitt

STATEMENT FOR THE JOURNAL

Dear Speaker Lucas,

I am notifying you that I will not participate in the debate or vote on H. 4421, which relates to solar power lines. In accordance with Section 8-13-700(B) of the SC Code, I recuse myself from voting on this Bill because a potential conflict of interest due to an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected.

I wish to have my recusal noted for the House Journal.
Sincerely,
Rep. Josiah Magnuson

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5191 (Word version) -- Reps. Atkinson, Alexander, Allison, Anderson, Anthony, Arrington, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE MARION ALL-STAR 12U BASKETBALL TEAM AND COACHES FOR A REMARKABLE SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2018 SOUTH CAROLINA RECREATION AND PARKS ASSOCIATION 12U DIVISION 11 STATE CHAMPIONSHIP TITLE.

H. 5192 (Word version) -- Reps. Atkinson, Alexander, Allison, Anderson, Anthony, Arrington, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A CONCURRENT RESOLUTION TO CELEBRATE CAJ THE COMFORT DOG OF THE MARION COUNTY SHERIFF'S OFFICE AND TO THANK THE AGENCY FOR ITS WONDERFUL GIFT TO THE COMMUNITY OF THIS COMFORTING CANINE CHARMER.

H. 5196 (Word version) -- Reps. Funderburk, 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, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A CONCURRENT RESOLUTION TO WELCOME ACTOR SAMUEL E. "SAM" WRIGHT BACK TO SOUTH CAROLINA, TO THANK HIM FOR HIS SUPPORT OF THE ARTS IN HIS NATIVE CAMDEN, AND TO WISH HIM CONTINUED SUCCESS IN ALL HIS FUTURE ENDEAVORS.

H. 5197 (Word version) -- Reps. Forrest, 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, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A CONCURRENT RESOLUTION TO CELEBRATE THE THIRTY-SECOND ANNIVERSARY OF THE SOUTH CAROLINA POULTRY FESTIVAL TO BE HELD IN BATESBURG-LEESVILLE ON MAY 10-12, 2018, AND TO HONOR THOSE PLANNING AND PARTICIPATING IN THE FESTIVAL.

H. 5198 (Word version) -- Reps. Clemmons, Crawford, Fry, Duckworth, Johnson, Hewitt, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A CONCURRENT RESOLUTION TO SALUTE BRAD DEAN, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE MYRTLE BEACH AREA CHAMBER OF COMMERCE, ON THE OCCASION OF HIS DEPARTURE FROM THE CHAMBER, TO EXTEND DEEP APPRECIATION FOR HIS MANY YEARS OF DISTINGUISHED SERVICE TO THE ORGANIZATION, AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN HIS NEW ENDEAVORS.

H. 5214 (Word version) -- Reps. Forrest, 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, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND APPLAUD BATESBURG-LEESVILLE ELEMENTARY SCHOOL FOR EARNING THE PRESTIGIOUS HONOR OF BEING NAMED PALMETTO'S FINEST BY THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS AND TO COMMEND THE ADMINISTRATORS, FACULTY, STAFF, AND STUDENTS FOR THE EFFORTS THAT LED TO THIS EXEMPLARY DISTINCTION.

H. 5228 (Word version) -- Reps. Lucas, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A CONCURRENT RESOLUTION TO WELCOME TO THE PALMETTO STATE THE HONORABLE SID L. SCRUGGS III, PAST INTERNATIONAL PRESIDENT OF LIONS CLUBS INTERNATIONAL, ON THE OCCASION OF THE 94TH ANNUAL SOUTH CAROLINA LIONS MULTIPLE DISTRICT 32 STATE CONVENTION AND TO HONOR THE LIONS CLUBS FOR THEIR MANY YEARS OF COMMUNITY SERVICE.

H. 5230 (Word version) -- Reps. Hiott, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE GENERAL ASSEMBLY UPON THE ONE HUNDRED SEVENTY-FIFTH ANNIVERSARY OF KENTWOOL, TO HONOR ITS LONG HISTORY OF SERVICE AND COMMITMENT TO THE STATE OF SOUTH CAROLINA, AND TO REMEMBER AND APPRECIATE THE WORK OF ITS LATE CEO, MARK KENT.

H. 5225 (Word version) -- Rep. Duckworth: A CONCURRENT RESOLUTION TO CELEBRATE THE OCCASION OF THE FIFTIETH ANNIVERSARY OF THE CITY OF NORTH MYRTLE BEACH AND TO CONGRATULATE AND COMMEND MAYOR MARILYN HATLEY AND THE CITIZENS OF NORTH MYRTLE BEACH FOR A HALF CENTURY OF SHOWCASING BOTH THE BEAUTY AND PROGRESS OF THIS GREAT SOUTH CAROLINA TOWN.

ADJOURNMENT

At 4:40 p.m. the House, in accordance with the motion of Rep. MAGNUSON, adjourned in memory of Eliza Caitlyn "Eliza Cait" Millwood, to meet at 10:00 a.m. tomorrow.

***

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