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


Printed Page 940 . . . . . Tuesday, January 31, 2017

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 26:1: "Vindicate me, O Lord, for I have walked in my integrity, and I have trusted in the Lord without wavering."

Let us pray. We give thanks and praise to You, O Lord our God, that You have provided these women and men with the tools of faith and integrity. Help them to fulfill their trust and hope as these Representatives work to fulfill the promises made. Bless our Nation, President, State, Governor, Speaker, staff, and all who serve in these Halls of Government. Protect first responders and defenders of freedom as they protect us. Heal the wounds, those seen and those hidden, of our men and women who suffer and sacrifice for our freedom. Lord, in Your mercy, hear our prayer. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. SIMRILL moved that when the House adjourns, it adjourn in memory of Ruby Lynn Wright Delleney, mother of Representative Delleney, which was agreed to.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 4741
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Sections 50-1-200, 50-1-220, 50-3-100, 50-9-650, 50-11-10, 50-11-65, 50-11-96, 50-11-105, 50-11-310, 50-11-


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315, 50-11-320, 50-11-350, 50-11-365, 50-11-390, 50-11-410, 50-11-430, 50-11-500, 50-11-520, 50-11-525, 50-11-530, 50-11-580, 50-11-854, 50-11-2200 and 50-11-2210
Seasons, Limits, Methods of Take and Special Use Restrictions on Wildlife Management Areas
Received by Speaker of the House of Representatives
January 26, 2017
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration January 23, 2018

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 4704
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-29-150 through 44-29-170
The Evaluation of School Employees for Tuberculosis
Received by Speaker of the House of Representatives January 10, 2017
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration May 10, 2017

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 4706
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-2-10 et seq.
Underground Storage Tank Control Regulations
Received by Speaker of the House of Representatives January 10, 2017
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration May 10, 2017

HOUSE RESOLUTION

The following was introduced:

H. 3597 (Word version) -- Reps. Jordan, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brown, 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, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mack, Magnuson, Martin, McCoy,


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McCravy, McEachern, McKnight, Mitchell, D. C. Moss, V. S. Moss, Murphy, Neal, B. Newton, W. Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Weeks, West, Wheeler, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF THE REVEREND CHARLES DOUGLAS COOPER OF FLORENCE COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LARGE AND LOVING FAMILY AND HIS MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3598 (Word version) -- Reps. Lucas, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brown, 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, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McKnight, Mitchell, D. C. Moss, V. S. Moss, Murphy, Neal, B. Newton, W. Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Weeks, West, Wheeler, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO CONGRATULATE HELEN DOROTHY MCCOY OF CHARLESTON COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY, AND TO WISH HER CONTINUED HEALTH AND HAPPINESS.

The Resolution was adopted.


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HOUSE RESOLUTION

The following was introduced:

H. 3603 (Word version) -- Reps. Pope, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brown, 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, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McKnight, Mitchell, D. C. Moss, V. S. Moss, Murphy, Neal, B. Newton, W. Newton, Norman, Norrell, Ott, Parks, Pitts, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Weeks, West, Wheeler, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO DECLARE WEDNESDAY, FEBRUARY 1, 2017, AS "CITIES MEAN BUSINESS DAY" TO RECOGNIZE AND HONOR THE VALUABLE CONTRIBUTIONS SOUTH CAROLINA CITIES AND TOWNS MAKE TO OUR STATE'S ECONOMIC PROSPERITY THROUGH THEIR RELATIONSHIP WITH LOCAL BUSINESSES.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3604 (Word version) -- Reps. Ott, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brown, 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, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mack, Magnuson, Martin,


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McCoy, McCravy, McEachern, McKnight, Mitchell, D. C. Moss, V. S. Moss, Murphy, Neal, B. Newton, W. Newton, Norman, Norrell, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Weeks, West, Wheeler, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR CRADDOCK MORRIS, OWNER AND PUBLISHER OF THE CALHOUN TIMES, UPON THE OCCASION OF ITS FINAL ISSUE AFTER OVER EIGHTY-FIVE YEARS OF CONTINUED PUBLICATION, AND TO WISH MR. MORRIS CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3611 (Word version) -- Reps. Putnam, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brown, 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, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McKnight, Mitchell, D. C. Moss, V. S. Moss, Murphy, Neal, B. Newton, W. Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Weeks, West, Wheeler, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO REMEMBER AND CELEBRATE THE LIFE OF FRED ALEXANDER OF ANDERSON COUNTY UPON HIS PASSING, AND TO EXPRESS THE PROFOUND SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF


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REPRESENTATIVES TO HIS LOVING FAMILY AND MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3612 (Word version) -- Reps. Erickson, Herbkersman, W. Newton, Bradley, Bales, Anthony, Alexander, Allison, Anderson, Arrington, Atkinson, Atwater, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Brown, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McKnight, Mitchell, D. C. Moss, V. S. Moss, Murphy, Neal, B. Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Weeks, West, Wheeler, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE THE IMPORTANCE OF THE F-35 AIRCRAFT TO THE UNITED STATES AND SOUTH CAROLINA, AND TO ENCOURAGE CONGRESSIONAL SUPPORT FOR FULL FUNDING OF THE F-35 LIGHTNING II JOINT STRIKE FIGHTER PROGRAM.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3608 (Word version) -- Reps. White, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brown, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney,


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Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McKnight, Mitchell, D. C. Moss, V. S. Moss, Murphy, Neal, B. Newton, W. Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Weeks, West, Wheeler, Whipper, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE PASSING OF CRYSTAL JADE DUNBAR, ECONOMIST AND PROGRAM COORDINATOR II WITH THE BOARD OF ECONOMIC ADVISORS OF THE SOUTH CAROLINA REVENUE AND FISCAL AFFAIRS OFFICE, TO CELEBRATE HER LIFE AND ACHIEVEMENTS, AND TO EXTEND THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3613 (Word version) -- Reps. Huggins, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brown, 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, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McKnight, Mitchell, D. C. Moss, V. S. Moss, Murphy, Neal, B. Newton, W. Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith,


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G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Weeks, West, Wheeler, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR REVEREND WILLIAM PAUL "BILL" DIECKMANN, DIRECTOR OF MISSIONS FOR THE COLUMBIA METRO BAPTIST ASSOCIATION, UPON THE OCCASION OF HIS RETIREMENT AFTER TWENTY-EIGHT YEARS OF EXEMPLARY SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 319 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR CHIEF ROBERT O. "BERT" POLK OF RICHLAND COUNTY, STATE FIRE MARSHAL WITH THE SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING AND REGULATION, UPON THE OCCASION OF HIS RETIREMENT, TO THANK HIM FOR HIS MANY YEARS OF OUTSTANDING SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

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

INTRODUCTION OF BILLS

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

H. 3599 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA EQUAL PAY FOR EQUAL WORK ACT", BY ADDING CHAPTER 12 TO TITLE 41 SO AS TO PROHIBIT ON THE BASIS OF SEX THE PAYING OF WAGES TO EMPLOYEES OF ONE SEX AT A LESSER RATE THAN THE RATE PAID TO EMPLOYEES OF THE OPPOSITE SEX FOR COMPARABLE WORK IN JOBS WHICH REQUIRE THE SAME OR ESSENTIALLY THE SAME


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KNOWLEDGE, SKILL, EFFORT, AND RESPONSIBILITY; TO PROVIDE DEFINITIONS, EXCEPTIONS, AND PROHIBIT SPECIFIC EMPLOYER ACTIONS WITH REGARD TO THESE REQUIREMENTS; AND TO PROVIDE ADMINISTRATIVE AND, WHERE APPLICABLE, JUDICIAL REMEDIES FOR VIOLATIONS.
Referred to Committee on Judiciary

H. 3600 (Word version) -- Reps. Felder, B. Newton, Pope, Simrill, D. C. Moss, V. S. Moss, King, Delleney and Norman: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PARTICIPATION IN THE STATE HEALTH PLAN, SO AS TO ALLOW EMPLOYEES AND RETIREES, AND THEIR DEPENDENTS, OF ANY POLITICAL SUBDIVISION OF THE STATE TO PARTICIPATE IN THE STATE HEALTH PLAN.
Referred to Committee on Ways and Means

H. 3601 (Word version) -- Reps. Clemmons, Pitts, Hiott, Hardee, Duckworth, Crawford, Yow, Kirby, Delleney, Lowe and White: A BILL TO AMEND SECTION 50-9-665, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF BEAR HUNTING TAGS BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO INCREASE THE NONRESIDENT FEE TO OBTAIN A BEAR TAG, TO DELETE THE PROVISION THAT PROVIDES FOR THE RANDOM DRAWING OF TAGS BY BEAR TAG APPLICANTS IN GAME ZONES OTHER THAN GAME ZONE 1, AND TO ELIMINATE THE APPLICATION FEE; AND TO AMEND SECTION 50-11-430, AS AMENDED, RELATING TO THE HUNTING OF BEARS, SO AS TO ESTABLISH AN OPEN SEASON FOR HUNTING AND TAKING BEAR FOR STILL GUN HUNTS IN GAME ZONE 4, TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT TO ISSUE PERMITS TO ALLOW THE HUNTING AND TAKING OF BEAR, TO ESTABLISH A SEASON FOR THE HUNTING AND TAKING OF BEAR ON PRIVATE LANDS AND ALL LANDS UNDER THE DEPARTMENT'S CONTROL IN GAME ZONES 2, 3, AND 4, AND TO DELETE THE PROVISION THAT PROHIBITS THE HUNTING AND TAKING OF BEAR BY THE USE OR AID OF BAIT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs


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H. 3602 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 1-7-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REIMBURSING THE ATTORNEY GENERAL FOR REPRESENTING THE STATE IN CERTAIN MATTERS, SO AS TO LIMIT THE REIMBURSEMENT TO CERTAIN SPECIFIED COSTS.
Referred to Committee on Judiciary

H. 3605 (Word version) -- Rep. King: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-220 SO AS TO PROHIBIT THE SOUTH CAROLINA INFANTRY BATTLE FLAG OF THE CONFEDERATE STATES OF AMERICA, OR ANY OTHER CONFEDERATE FLAG FROM BEING FLOWN OR DISPLAYED IN OR ON ANY PUBLIC BUILDING EXCEPT A MUSEUM.
Referred to Committee on Judiciary

H. 3606 (Word version) -- Reps. King, Henegan, Gilliard and Robinson-Simpson: A BILL TO AMEND SECTION 63-17-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD SUPPORT ENFORCEMENT THROUGH LICENSE REVOCATION, SO AS TO CHANGE THE DEFINITION OF "LICENSE" TO NOT INCLUDE DRIVER'S LICENSES, COMMERCIAL HUNTING, FISHING, AND TRAPPING LICENSES, AND BUSINESS, OCCUPATIONAL, AND PROFESSIONAL LICENSES.
Referred to Committee on Judiciary

H. 3607 (Word version) -- Rep. Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 56 SO AS TO ESTABLISH PROCEDURES THAT REGULATE THE RELATIONSHIP BETWEEN RECREATIONAL VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS OF RECREATIONAL VEHICLES; TO AMEND SECTION 56-15-10, AS AMENDED, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS REGARDING THE REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, SO AS TO REVISE THE DEFINITION OF THE TERM "MOTOR VEHICLE" AND TO DELETE THE TERM "MOTOR HOME" AND ITS DEFINITION; TO REPEAL ARTICLE 5, CHAPTER 17, TITLE 31 RELATING TO THE SALE OF TRAVEL TRAILERS; AND TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES


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MAY PROMULGATE REGULATIONS FOR ENFORCEMENT OF THE PROVISIONS OF CHAPTER 14, TITLE 56.
Referred to Committee on Labor, Commerce and Industry

H. 3609 (Word version) -- Rep. Neal: A BILL TO AMEND SECTION 12-6-3310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX CREDITS, SO AS TO AUTHORIZE A NONPROFIT CORPORATION TO TRANSFER CREDITS UNLESS THE TRANSFER OF A CREDIT IS SPECIFICALLY PROHIBITED.
Referred to Committee on Ways and Means

H. 3610 (Word version) -- Rep. Bamberg: A BILL TO AMEND SECTION 8-11-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATORY TIME FOR WORKING OVERTIME, SO AS TO PROVIDE THAT AN OFFICER OF THE SOUTH CAROLINA HIGHWAY PATROL MAY ELECT EITHER COMPENSATORY TIME OR PAYMENT AT ONE AND ONE-HALF TIMES THE OFFICER'S REGULAR RATE OF PAY IN EXCHANGE FOR WORKING OVERTIME.
Referred to Committee on Ways and Means

H. 3614 (Word version) -- Rep. Atwater: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "REGULATORY REVIEW AND RESCISSION ACT", BY ADDING ARTICLE 7 TO CHAPTER 23, TITLE 1 SO AS TO REQUIRE THE REVENUE AND FISCAL AFFAIRS OFFICE TO PERFORM A COST-BENEFIT ANALYSIS OF PROPOSED REGULATIONS, TO PROVIDE THAT THE COST-BENEFIT ANALYSIS IS A PUBLIC DOCUMENT, TO ESTABLISH WHEN A COST-BENEFIT ANALYSIS IS NOT REQUIRED, TO ALLOW FOR RETROSPECTIVE REVIEW AND COST-BENEFIT ANALYSIS OF REGULATIONS ADOPTED BEFORE DECEMBER 31, 2014, TO PROVIDE CERTAIN FACTORS THAT MUST BE CONSIDERED IN THE RETROSPECTIVE COST-BENEFIT ANALYSIS, AND TO AUTHORIZE THE GOVERNOR TO TAKE CERTAIN ACTIONS WITH RESPECT TO REGULATIONS.
Referred to Committee on Ways and Means

H. 3615 (Word version) -- Rep. Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "DYLAN PAUL MITCHELL BICYCLE AND PEDESTRIAN


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SAFETY ACT"; BY ADDING SECTION 56-5-3520 SO AS TO PROVIDE THAT BICYCLISTS OPERATING BICYCLES WITH HELPER MOTORS SHALL BE SUBJECT TO ALL STATUTORY PROVISIONS APPLICABLE TO BICYCLISTS; TO AMEND SECTION 56-5-990, RELATING TO CERTAIN PEDESTRIAN CONTROL SIGNALS, SO AS TO PROVIDE THAT THIS SECTION ALSO APPLIES TO PEDESTRIAN CONTROL SIGNALS THAT EXHIBIT THE SYMBOLS FOR "WALK" OR "WAIT", AND TO PROVIDE THAT FOR PEDESTRIAN CROSSWALKS EQUIPPED WITH COUNTDOWN INDICATORS, A PEDESTRIAN MAY CROSS IF HE CAN COMPLETE THE CROSSING DURING THE REMAINING TIME; TO AMEND SECTION 56-5-3130, RELATING TO A PEDESTRIAN'S RIGHT OF WAY IN A CROSSWALK, SO AS TO PROVIDE THAT THE DRIVER OF A VEHICLE SHALL STOP TO YIELD TO A PEDESTRIAN CROSSING A ROADWAY UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-5-3230, RELATING TO A DRIVER'S DUTY TO EXERCISE DUE CARE WHEN OPERATING A VEHICLE, SO AS TO PROVIDE THAT THIS SECTION APPLIES TO A DRIVER'S DUTY TO AVOID COLLIDING WITH A VULNERABLE ROAD USER, TO DEFINE THE TERM "VULNERABLE ROAD USER", TO PROVIDE THAT IT IS UNLAWFUL FOR A MOTOR VEHICLE DRIVER TO FAIL TO YIELD TO A VULNERABLE ROAD USER UNDER CERTAIN CIRCUMSTANCES AND PROVIDE A PENALTY, AND TO PROVIDE THAT NOTHING IN THIS SECTION SHALL PREVENT A PERSON FROM BEING CHARGED WITH ANOTHER OFFENSE; TO AMEND SECTION 56-5-3425, RELATING TO THE DEFINITION OF THE TERM "BICYCLE LANE" AND OPERATIONS OF MOTOR VEHICLES AND BICYCLES ALONG BICYCLE LANES, SO AS TO REVISE THE DEFINITION OF THE TERM "BICYCLE LANE"; AND TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS REGARDING THE REGULATION OF MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS, SO AS TO PROVIDE DEFINITIONS FOR THE TERMS "BICYCLES WITH HELPER MOTORS", "ELECTRIC-ASSIST BICYCLES", AND "PERSONAL MOBILITY DEVICE".
Referred to Committee on Education and Public Works

H. 3616 (Word version) -- Rep. Hart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-1165


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SO AS TO PROVIDE AN INCOME TAX DEDUCTION FOR CERTAIN INDIVIDUAL TAXPAYERS WHO EXHIBIT SAFE DRIVING HABITS.
Referred to Committee on Ways and Means

H. 3617 (Word version) -- Reps. Collins and J. E. Smith: A BILL TO AMEND SECTION 43-33-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF PROTECTION AND ADVOCACY FOR PEOPLE WITH DISABILITIES, INC., FORMERLY KNOWN AS THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, SO AS TO INCLUDE ADMINISTRATION OF THE CLIENT ASSISTANCE PROGRAM; TO AMEND SECTION 1-11-10, AS AMENDED, RELATING TO CERTAIN AGENCIES TRANSFERRED TO THE DEPARTMENT OF ADMINISTRATION, SO AS TO MAKE CONFORMING CHANGES; AND TO PROVIDE FOR TRANSFER OF THE PROGRAM'S ADMINISTRATION TO PROTECTION AND ADVOCACY FOR PEOPLE WITH DISABILITIES, INC.
Referred to Committee on Judiciary

H. 3618 (Word version) -- Reps. Atwater, King, Cobb-Hunter, Henegan, Knight, J. E. Smith, Yow, Spires, Putnam, Stavrinakis, Taylor, Bamberg, Huggins, McKnight, Erickson, Ott, Ballentine, Elliott, Herbkersman, Hill, Howard and McCravy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-5-65 SO AS TO PROVIDE THAT MARTIN LUTHER KING, JR. DAY AND MEMORIAL DAY MUST BE RECOGNIZED AS HOLIDAYS FOR ALL LOCAL SCHOOL DISTRICTS OF THE STATE AND THAT THE SCHOOLS AND OFFICES OF THE DISTRICTS MUST BE CLOSED ON THOSE DATES.
Referred to Committee on Education and Public Works

H. 3619 (Word version) -- Rep. Atwater: A BILL TO AMEND SECTION 47-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO CRUELTY TO ANIMALS, SO AS TO DEFINE THE TERM "COMPANION ANIMAL"; AND BY ADDING SECTION 47-1-45 SO AS TO PROHIBIT THE TATTOOING OR PIERCING OF A COMPANION ANIMAL EXCEPT FOR SPECIFIED REASONS AND, WHEN AUTHORIZED, PERFORMED BY SPECIFIED PERSONS, AND TO PROVIDE


Printed Page 953 . . . . . Tuesday, January 31, 2017

CRIMINAL PENALTIES FOR A VIOLATION WHICH IS A MISDEMEANOR.
Referred to Committee on Judiciary

H. 3620 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3790 SO AS TO ALLOW AN INCOME TAX CREDIT FOR EACH CLINICAL ROTATION SERVED BY A PHYSICIAN, ADVANCED PRACTICE NURSE, OR PHYSICIAN ASSISTANT AS A PRECEPTOR FOR CERTAIN PROGRAMS.
Referred to Committee on Ways and Means

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                Bennett                Bernstein
Blackwell              Bowers                 Bradley
Brown                  Burns                  Caskey
Chumley                Clary                  Clemmons
Clyburn                Cobb-Hunter            Cogswell
Cole                   Collins                Crawford
Crosby                 Daning                 Davis
Dillard                Douglas                Duckworth
Elliott                Erickson               Felder
Finlay                 Forrest                Forrester
Fry                    Funderburk             Gagnon
Govan                  Hamilton               Hart
Hayes                  Henderson              Henegan
Herbkersman            Hewitt                 Hill
Hiott                  Hixon                  Hosey
Howard                 Huggins                Jefferson
Johnson                Jordan                 King
Kirby                  Knight                 Loftis
Long                   Lowe                   Lucas
Mack                   Magnuson               Martin
McCravy                McEachern              McKnight
Mitchell               D. C. Moss             V. S. Moss
Murphy                 Neal                   B. Newton


Printed Page 954 . . . . . Tuesday, January 31, 2017

W. Newton              Norrell                Ott
Parks                  Pitts                  Pope
Putnam                 Quinn                  Ridgeway
S. Rivers              Robinson-Simpson       Rutherford
Ryhal                  Sandifer               Simrill
G. M. Smith            G. R. Smith            J. E. Smith
Sottile                Spires                 Stringer
Tallon                 Taylor                 Thayer
Thigpen                Toole                  Weeks
West                   Wheeler                Whipper
White                  Whitmire               Williams
Willis                 Yow

Total Present--113

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. STAVRINAKIS a leave of absence for the day due to business reasons and to attend a funeral.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. V. S. MOSS a temporary leave of absence.


Printed Page 955 . . . . . Tuesday, January 31, 2017

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:

"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 3036 (Word version)
Date:   ADD:
01/31/17   MARTIN

CO-SPONSOR ADDED

Bill Number:   H. 3146 (Word version)
Date:   ADD:
01/31/17   MARTIN

CO-SPONSOR ADDED

Bill Number:   H. 3204 (Word version)
Date:   ADD:
01/31/17   W. NEWTON

CO-SPONSORS ADDED

Bill Number:   H. 3220 (Word version)
Date:   ADD:
01/31/17   ANDERSON and DAVIS


Printed Page 956 . . . . . Tuesday, January 31, 2017

CO-SPONSOR ADDED

Bill Number:   H. 3221 (Word version)
Date:   ADD:
01/31/17   ANDERSON

CO-SPONSOR ADDED

Bill Number:   H. 3340 (Word version)
Date:   ADD:
01/31/17   ANDERSON

CO-SPONSOR ADDED

Bill Number:   H. 3420 (Word version)
Date:   ADD:
01/31/17   HENDERSON

CO-SPONSORS ADDED

Bill Number:   H. 3427 (Word version)
Date:   ADD:
01/31/17   MARTIN and WHEELER

CO-SPONSOR ADDED

Bill Number:   H. 3442 (Word version)
Date:   ADD:
01/31/17   WHEELER

CO-SPONSOR ADDED

Bill Number:   H. 3443 (Word version)
Date:   ADD:
01/31/17   WHEELER

CO-SPONSOR ADDED

Bill Number:   H. 3448 (Word version)
Date:   ADD:
01/31/17   WHEELER

CO-SPONSOR ADDED

Bill Number:   H. 3465 (Word version)
Date:   ADD:
01/31/17   W. NEWTON


Printed Page 957 . . . . . Tuesday, January 31, 2017

CO-SPONSORS ADDED

Bill Number:   H. 3516 (Word version)
Date:   ADD:
01/31/17   SPIRES, FUNDERBURK, D. C. MOSS and MARTIN

CO-SPONSOR ADDED

Bill Number:   H. 3517 (Word version)
Date:   ADD:
01/31/17   MARTIN

CO-SPONSOR ADDED

Bill Number:   H. 3531 (Word version)
Date:   ADD:
01/31/17   MARTIN

CO-SPONSOR ADDED

Bill Number:   H. 3559 (Word version)
Date:   ADD:
01/31/17   MARTIN

CO-SPONSORS ADDED

Bill Number:   H. 3591 (Word version)
Date:   ADD:
01/31/17   YOW, ROBINSON-SIMPSON, WILLIAMS, WHEELER, DOUGLAS, MARTIN and RIDGEWAY

CO-SPONSOR REMOVED

Bill Number:   H. 3601 (Word version)
Date:   REMOVE:
01/31/17   KIRBY

CO-SPONSOR REMOVED

Bill Number:   H. 3565 (Word version)
Date:   REMOVE:
01/31/17   W. NEWTON

STATEMENT FOR THE JOURNAL

I intended to add my name as a co-sponsor to H. 3465, not H. 3565 and have taken the appropriate steps to correct this error.
Wm. Weston J. Newton


Printed Page 958 . . . . . Tuesday, January 31, 2017

H. 3346--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3346 (Word version) -- Reps. Collins, Clary and Hiott: A BILL TO AMEND ACT 260 OF 1981, AS AMENDED, RELATING TO THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO INCREASE THE NUMBER OF BOARD MEMBERS FROM SIX TO SEVEN, TO PROVIDE THE SEVENTH MEMBER INITIALLY MUST BE APPOINTED BY THE GOVERNOR UPON RECOMMENDATION OF A MAJORITY OF THE LEGISLATIVE DELEGATION OF PICKENS COUNTY TO SERVE AT LARGE UNTIL A MEMBER REPRESENTING A NEWLY CREATED SEVENTH SINGLE-MEMBER DISTRICT IS ELECTED AND QUALIFIED IN THE 2022 GENERAL ELECTION, AT WHICH TIME THE AT-LARGE SEAT TERMINATES, AND TO PROVIDE ALL PICKENS COUNTY SCHOOL BOARD MEMBERS MUST BE ELECTED BY MAJORITY VOTE BEGINNING WITH THE GENERAL ELECTION IN 2022.

Rep. COLLINS proposed the following Amendment No. 1 to H. 3346 (COUNCIL\WAB\3346C002.AGM.WAB17), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION   1.   Section 1 of Act 260 of 1981, as last amended by Act 90 of 2011, is further amended to read:

"Section 1.   Notwithstanding another provision of law, the Public Educational System of Pickens County is directed and managed by the Board of Trustees of the School District of Pickens County. The board must be comprised of six seven members, all six of whom must be qualified electors from each of the districts for which members of the county governing body of Pickens County are elected, and one from the county at large. A current at-large member holding Seat 7, 8, or 9 shall continue to serve until his term is ended or he vacates the at-large seat for whatever reason, whichever occurs first. Upon the end of the term or the earlier vacation of the at-large seat, that at-large seat no longer exists. Only those electors residing in the particular district are eligible to vote for each of the six single-member trustees representing the district. The current trustees from the single-member districts shall continue to serve until their four-year terms expire and until their successors are elected and qualify. The at-large member initially will be elected in the 2018 general election and will serve until the person


Printed Page 959 . . . . . Tuesday, January 31, 2017

elected to represent the new seventh single-member district is elected and qualified in the 2022 general election.

The electors of the Dellwood Subdivision of the City of Clemson, Anderson County, as shown in Plat Book 1920, page 150-A, Plat Book 12, page 266, and Plat Book 14, page 31, filed in the office of the Clerk of Court of Pickens County, shall be eligible to vote in the election of the member of the board of trustees for the nearest contiguous school district and shall be eligible to serve on the board for that district.

Beginning with the 2022 general elections, the number of members of the board representing single-member districts will increase from six to seven, and a seventh single-member district will be created. The seven districts must be altered to conform to the seven attendance zones as determined by a majority vote of the Pickens County delegation, including Senators, which the delegation shall make before February 1, 2021.

Beginning with the 2022 general election whenever districts are formed, all members of the board of trustees must be elected in a nonpartisan election at the time of the general election in the year in which their terms expire.

Upon the termination of the term of each single-member district trustee, his successor must be a qualified elector of the same district and must be elected in a nonpartisan election to be held at the same time as the general election preceding the expiration date by the qualified electors of the district for a term of four years and until his successor is elected and qualifies. If a single-member district seat is vacated before the end of its term, the seat must be filled for the remainder of the term by way of special election conducted in the same manner. The board of trustees shall elect a chairman and such other officers as it considers necessary."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. COLLINS 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 64; Nays 4


Printed Page 960 . . . . . Tuesday, January 31, 2017

Those who voted in the affirmative are:

Anthony                Arrington              Atkinson
Bales                  Bamberg                Bennett
Bernstein              Blackwell              Bradley
Brown                  Clary                  Cole
Collins                Crawford               Crosby
Daning                 Davis                  Dillard
Douglas                Duckworth              Elliott
Erickson               Felder                 Finlay
Forrest                Forrester              Fry
Funderburk             Hart                   Hayes
Henegan                Herbkersman            Hewitt
Hixon                  Johnson                Jordan
King                   Knight                 Lowe
Lucas                  Martin                 McCravy
McEachern              Murphy                 B. Newton
W. Newton              Norrell                Ott
Parks                  Pitts                  Pope
Ridgeway               Robinson-Simpson       Ryhal
Simrill                J. E. Smith            Sottile
Spires                 Tallon                 Taylor
Thayer                 Toole                  Wheeler
Willis

Total--64

Those who voted in the negative are:

Hill                   Hiott                  Magnuson
Putnam

Total--4

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

H. 3220--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3220 (Word version) -- Reps. Allison, West, Collins, Felder, B. Newton, Govan, Brown, Whipper, Davis and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING


Printed Page 961 . . . . . Tuesday, January 31, 2017

SECTION 59-59-175 SO AS TO ESTABLISH THE SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT COORDINATING COUNCIL AND TO PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND FUNCTIONS.

Rep. HILL proposed the following Amendment No. 1 to H. 3220 (COUNCIL\SD\3220C001.NL.SD17), which was adopted:
Amend the bill, as and if amended, Section 59-59-175, as contained in SECTION 1, by adding an appropriately lettered subsection at the end to read:
/   ( )   The provisions of this section expire five years after its effective date unless the General Assembly by law extends its provisions. /
Renumber sections to conform.
Amend title to conform.

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

Rep. STRINGER explained the Bill.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 101; Nays 1

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Arrington              Atkinson               Atwater
Bales                  Ballentine             Bamberg
Bennett                Bernstein              Blackwell
Bradley                Brown                  Burns
Caskey                 Chumley                Clary
Clemmons               Cobb-Hunter            Cogswell
Cole                   Collins                Crawford
Crosby                 Daning                 Davis
Dillard                Douglas                Duckworth
Elliott                Erickson               Felder
Finlay                 Forrest                Forrester
Fry                    Funderburk             Gagnon
Govan                  Hart                   Hayes
Henderson              Henegan                Herbkersman


Printed Page 962 . . . . . Tuesday, January 31, 2017

Hewitt                 Hiott                  Hixon
Hosey                  Howard                 Huggins
Jefferson              Johnson                Jordan
King                   Kirby                  Knight
Loftis                 Long                   Lowe
Lucas                  Mack                   Magnuson
Martin                 McEachern              McKnight
Mitchell               D. C. Moss             Murphy
Neal                   B. Newton              W. Newton
Norrell                Ott                    Parks
Pitts                  Pope                   Putnam
Ridgeway               S. Rivers              Robinson-Simpson
Ryhal                  Sandifer               Simrill
G. R. Smith            J. E. Smith            Sottile
Spires                 Stringer               Tallon
Taylor                 Thigpen                Weeks
West                   Wheeler                Whipper
White                  Whitmire               Williams
Willis                 Yow

Total--101

Those who voted in the negative are:

Hill

Total--1

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

LEAVE OF ABSENCE

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

H. 3221--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3221 (Word version) -- Reps. Allison, Collins, Felder, Daning, Govan, Taylor, Knight and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-20-90 SO AS TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO


Printed Page 963 . . . . . Tuesday, January 31, 2017

DEVELOP AND ADOPT A STATEWIDE PROGRAM FOR IDENTIFYING FISCAL PRACTICES AND BUDGETARY CONDITIONS THAT, IF UNCORRECTED, COULD COMPROMISE THE FISCAL INTEGRITY OF A SCHOOL DISTRICT AND FOR ADVISING THE DISTRICT ON HOW TO TAKE APPROPRIATE CORRECTIVE ACTIONS, TO ESTABLISH THREE LEVELS OF FISCAL AND BUDGETARY CONCERNS WITH CONDITIONS AND REQUIREMENTS ASSOCIATED WITH EACH, AND TO DIRECT THE DEPARTMENT TO PROMULGATE REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS SECTION; AND BY ADDING SECTION 59-20-95 SO AS TO REQUIRE THE STATE AUDITOR TO ADOPT THE STATEWIDE PROGRAM CREATED BY THE DEPARTMENT OF EDUCATION IN SECTION 59-20-90 AND USE IT TO IDENTIFY FISCAL PRACTICES AND BUDGETARY CONDITIONS THAT, IF UNCORRECTED, COULD COMPROMISE THE FISCAL INTEGRITY OF A STATE AGENCY THAT IS ALSO A LOCAL EDUCATION AGENCY AND TO ADVISE THE STATE AGENCY THAT IS ALSO A LOCAL EDUCATION AGENCY ON HOW TO TAKE APPROPRIATE CORRECTIVE ACTIONS, AND TO PROVIDE EXCEPTIONS TO ENABLE THE STATE AUDITOR TO DIRECT THE DEPARTMENT TO IMMEDIATELY ASSUME EMERGENCY MANAGEMENT OF THE STATE AGENCY THAT IS ALSO A LOCAL EDUCATION AGENCY FOR WHICH IT HAS MADE A DECLARATION OF FISCAL CAUTION OR FISCAL EMERGENCY, TO CONTINUE THIS EMERGENCY MANAGEMENT OF THE LOCAL EDUCATION AGENCY UNTIL THE STATE AUDITOR RELEASES THE STATE AGENCY THAT IS ALSO A LOCAL EDUCATION AGENCY FROM THE DECLARATION OF FISCAL CAUTION OR FISCAL EMERGENCY, AS APPLICABLE, AND TO DIRECT THE STATE AUDITOR TO PROMULGATE REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS SECTION.

Rep. STRINGER explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 101; Nays 0

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Arrington              Atkinson               Atwater


Printed Page 964 . . . . . Tuesday, January 31, 2017

Bales                  Ballentine             Bamberg
Bennett                Bernstein              Blackwell
Bradley                Brown                  Burns
Caskey                 Chumley                Clary
Clemmons               Clyburn                Cobb-Hunter
Cogswell               Cole                   Crawford
Crosby                 Daning                 Davis
Dillard                Douglas                Duckworth
Elliott                Erickson               Felder
Finlay                 Forrest                Forrester
Fry                    Funderburk             Gagnon
Govan                  Hart                   Hayes
Henderson              Henegan                Herbkersman
Hewitt                 Hill                   Hiott
Hixon                  Hosey                  Howard
Huggins                Jefferson              Johnson
Jordan                 King                   Kirby
Knight                 Loftis                 Long
Lowe                   Mack                   Martin
McEachern              McKnight               Mitchell
D. C. Moss             Murphy                 Neal
B. Newton              W. Newton              Ott
Parks                  Pitts                  Pope
Putnam                 Ridgeway               S. Rivers
Robinson-Simpson       Ryhal                  Sandifer
Simrill                G. R. Smith            J. E. Smith
Sottile                Spires                 Stringer
Tallon                 Taylor                 Thayer
Thigpen                Toole                  Weeks
West                   Wheeler                Whipper
White                  Whitmire               Williams
Willis                 Yow

Total--101

Those who voted in the negative are:

Total--0

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


Printed Page 965 . . . . . Tuesday, January 31, 2017

H. 3035--DEBATE ADJOURNED

The following Bill was taken up:

H. 3035 (Word version) -- Reps. Daning, Long, Simrill, Bales, Bradley, G. M. Smith, Weeks, W. Newton, Herbkersman, Jefferson, Mitchell, McKnight, Murphy, Johnson, Yow, Fry, McCoy, Stavrinakis, Loftis, Chumley, Arrington, Bennett, Alexander, Anderson, Gagnon, Kirby, Clyburn, S. Rivers, Davis, Crosby, Cogswell, Sottile, Spires, Atwater, Brown, Gilliard, Mack, Whipper, Martin, B. Newton, Felder, Pope, Taylor, Hixon, Elliott, V. S. Moss, G. R. Smith, Hamilton, Dillard, Robinson-Simpson, Forrester, Allison, Hosey, Hayes, Atkinson, Douglas, Ridgeway, Norrell, Norman, Funderburk, Neal, J. E. Smith, Erickson, Bernstein, Crawford, Henegan, West and Knight: A BILL TO AMEND SECTION 59-112-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IN-STATE TUITION RATES AT PUBLIC INSTITUTIONS OF HIGHER EDUCATION FOR CERTAIN PERSONS ASSOCIATED WITH THE ARMED SERVICES OF THE UNITED STATES, SO AS TO REVISE RESIDENCY REQUIREMENTS AND PROVIDE VETERANS WHO EVIDENCE THEIR INTENT TO ESTABLISH DOMICILE IN THIS STATE AND THEIR DEPENDENTS MAY RECEIVE IN-STATE TUITION RATES WITHOUT HAVING ESTABLISHED A PHYSICAL PRESENCE IN THIS STATE, AND TO DEFINE RELATED TERMINOLOGY.

Rep. TAYLOR moved to adjourn debate on the Bill until Wednesday, February 8, which was agreed to.

H. 3036--DEBATE ADJOURNED

The following Bill was taken up:

H. 3036 (Word version) -- Reps. Delleney, G. R. Smith, Long, Elliott, Collins, Magnuson, G. M. Smith, Pitts, B. Newton, Fry, Taylor and Martin: 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-


Printed Page 966 . . . . . Tuesday, January 31, 2017

3-20 RELATING TO VACANCIES IN THE OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION.

Rep. CLARY moved to adjourn debate on the Bill until Wednesday, February 1, which was agreed to.

H. 3146--REQUESTS FOR DEBATE AND DEBATE ADJOURNED

The following Joint Resolution was taken up:

H. 3146 (Word version) -- Reps. Delleney, G. R. Smith, B. Newton, G. M. Smith, Pitts, Daning, Taylor and Martin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, AS AMENDED, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT THE SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE SENATE, TO SERVE AT THE PLEASURE OF THE GOVERNOR BEGINNING IN JANUARY 2023, OR UPON A VACANCY IN THE OFFICE OF THE SUPERINTENDENT OF EDUCATION AFTER THE DATE OF THE RATIFICATION OF THIS AMENDMENT, WHICHEVER OCCURS FIRST, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW FOR THE DUTIES, COMPENSATION, AND QUALIFICATIONS FOR THE OFFICE.

Reps. CLARY, HIOTT and BAMBERG requested debate on the Joint Resolution.

Rep. WEEKS moved to adjourn debate on the Joint Resolution until Wednesday, February 1, which was agreed to.

H. 3442--DEBATE ADJOURNED

The following Bill was taken up:

H. 3442 (Word version) -- Reps. Delleney, Felder, Pope, Martin, Norrell, B. Newton, Simrill, Norman, Thayer, Putnam, Clary, Hamilton, Yow, W. Newton, Kirby, Erickson, Knight, Hixon, Elliott, Henderson, Bedingfield,


Printed Page 967 . . . . . Tuesday, January 31, 2017

V. S. Moss and Wheeler: A BILL TO AMEND SECTION 63-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDIVIDUALS WHO MAY ADOPT A CHILD, SO AS TO ADD CIRCUMSTANCES UNDER WHICH A NONRESIDENT MAY ADOPT AND TO PROVIDE FOR THE RIGHT TO FILE A PETITION FOR ADOPTION; AND TO AMEND SECTION 63-9-750, RELATING TO ADOPTION HEARINGS, SO AS TO MAKE TECHNICAL CORRECTIONS.

Rep. CLARY moved to adjourn debate on the Bill until Wednesday, February 1, which was agreed to.

H. 3465--DEBATE ADJOURNED

The following Bill was taken up:

H. 3465 (Word version) -- Reps. Delleney, Felder, Martin, B. Newton, Knight, Douglas, Putnam, Simrill, Pope, Norman, Thayer, Clary, Hamilton, Yow, Hixon, Elliott, Henderson, Bedingfield, V. S. Moss, Kirby and W. Newton: A BILL TO AMEND SECTION 63-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONAL TERMS USED IN THE CHILDREN'S CODE, SO AS TO CHANGE THE DEFINITION OF A "PARTY IN INTEREST"; TO AMEND SECTION 63-7-1630, RELATING TO CHILD PROTECTION HEARING NOTICE REQUIREMENTS, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE NOTICE IN ADDITIONAL CIRCUMSTANCES; TO AMEND SECTION 63-7-1700, AS AMENDED, RELATING TO PERMANENCY PLANNING, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE NOTICE OF PERMANENCY PLANNING HEARINGS TO CERTAIN INDIVIDUALS, TO ALLOW CERTAIN INDIVIDUALS TO FILE A MOTION FOR REVIEW OF A CASE AT ANY TIME, AND TO GRANT CERTAIN INDIVIDUALS THE RIGHT TO INTERVENE IN A CHILD ABUSE OR NEGLECT ACTION; TO AMEND SECTION 63-7-1710, AS AMENDED, RELATING TO STANDARDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO REQUIRE CERTAIN EVIDENCE BEFORE SELECTING A PERMANENT PLAN OTHER THAN TERMINATION OF PARENTAL RIGHTS; TO AMEND SECTION 63-7-2530, AS AMENDED, RELATING TO PETITIONS TO TERMINATE PARENTAL RIGHTS TO A CHILD, SO AS TO ALLOW A PARTY TO SEEK ADOPTION OF THE


Printed Page 968 . . . . . Tuesday, January 31, 2017

CHILD; TO AMEND SECTION 63-9-60, AS AMENDED, RELATING TO INDIVIDUALS WHO MAY ADOPT A CHILD, SO AS TO ADD CIRCUMSTANCES UNDER WHICH A NONRESIDENT MAY ADOPT AND TO PROVIDE FOR THE RIGHT TO FILE A PETITION FOR ADOPTION; TO AMEND SECTION 63-9-330, RELATING TO CONSENT AND RELINQUISHMENT, SO AS TO ALLOW A PERSON OR AGENCY TO SPECIFY A PERSON TO WHOM CONSENT AND RELINQUISHMENT IS DIRECTED; BY ADDING SECTION 63-9-370 SO AS TO ESTABLISH CERTAIN REQUIREMENTS PERTAINING TO THE ADOPTION OF A CHILD WHO IS IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES; TO AMEND SECTION 63-9-750, RELATING TO ADOPTION HEARINGS, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND SECTION 63-11-720, AS AMENDED, RELATING TO THE SOUTH CAROLINA FOSTER CARE REVIEW BOARD, SO AS TO CLARIFY CERTAIN RIGHTS OF FOSTER PARENTS.

Rep. WEEKS moved to adjourn debate on the Bill until Wednesday, February 1, which was agreed to.

H. 3204--DEBATE ADJOURNED

The following Bill was taken up:

H. 3204 (Word version) -- Reps. Pope, Long, Magnuson, Elliott, Daning, Pitts, Hixon, Crosby, Taylor and W. Newton: A BILL TO AMEND SECTIONS 2-19-10, 2-19-20, 2-19-35, 2-19-70, 2-19-80, AND 2-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO CHANGE THE COMMISSION'S PROCESS FOR NOMINATING JUDICIAL CANDIDATES FROM THE NOMINATION OF THREE QUALIFIED CANDIDATES TO THE RELEASE OF A LIST OF ALL QUALIFIED CANDIDATES TO THE GENERAL ASSEMBLY.

Rep. CLARY moved to adjourn debate on the Bill until Wednesday, February 1, which was agreed to.


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H. 3427--DEBATE ADJOURNED

The following Bill was taken up:

H. 3427 (Word version) -- Reps. Lucas, Loftis, Allison, Stringer, Erickson, Simrill, G. R. Smith, McKnight, Robinson-Simpson, Martin, West, Long, Burns, Atwater, McCoy, Hardee, Hewitt, Fry, Jordan, Murphy, Spires, G. M. Smith, McCravy, Clemmons, McEachern, Taylor, Arrington, Johnson, Huggins, Hamilton, Elliott, Funderburk, Bales, Bannister, Blackwell, Bradley, Chumley, Clary, Clyburn, Cobb-Hunter, Cole, Crawford, Delleney, Dillard, Douglas, Forrest, Forrester, Hayes, Henderson, Herbkersman, Hiott, Lowe, D. C. Moss, B. Newton, W. Newton, Pope, Quinn, S. Rivers, Ryhal, Sandifer, Tallon, Thayer, Whitmire, Hixon, Anderson, Anthony, Gagnon, Parks, Pitts, Ott, King, Henegan, Willis, Yow, Williams, Jefferson, Duckworth, White, Finlay, Bernstein, J. E. Smith, Bedingfield, Felder, Bennett, Davis, Mitchell, Rutherford, Neal, Stavrinakis, Govan, Putnam, Collins, Brown, Weeks, Hosey, Bowers, V. S. Moss, Howard, Kirby, Sottile, Whipper, Norrell, Ballentine, Toole, Thigpen, Cogswell, Daning, Crosby, Knight and Wheeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA COMPUTER SCIENCE EDUCATION INITIATIVE" BY ADDING SECTION 59-29-250 SO AS TO PROVIDE THE PURPOSE OF THE SECTION, TO PROVIDE THAT, BEGINNING WITH THE 2018-2019 SCHOOL YEAR, PUBLIC HIGH SCHOOLS AND PUBLIC CHARTER HIGH SCHOOLS SHALL OFFER CERTAIN COMPUTER SCIENCE COURSEWORK, TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT AND ENSURE IMPLEMENTATION OF GRADE-APPROPRIATE STANDARDS FOR COMPUTER SCIENCE AND COMPUTATIONAL THINKING FOR PUBLIC SCHOOL STUDENTS IN KINDERGARTEN THROUGH TWELFTH GRADE, TO PROVIDE RELATED REQUIREMENTS OF THE STATE DEPARTMENT OF EDUCATION, TO PROVIDE REQUIREMENTS FOR THE OFFICE OF THE GOVERNOR TO ESTABLISH CRITERIA AND PROCESSES FOR DESIGNATING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATH COMMUNITIES AND REGIONS, AND TO PROVIDE RELATED REQUIREMENTS OF SUCH COMMUNITIES AND REGIONS.

Rep. STRINGER moved to adjourn debate on the Bill until Wednesday, February 1, which was agreed to.


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H. 3517--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3517 (Word version) -- Reps. Hiott, Kirby, Duckworth, Forrest, Hixon, Hewitt, Davis and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-750 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES MAY ISSUE SPECIAL AUTHORIZATION FOR HUNTING AND FISHING TO ANY PERSON WHO IS NOT MORE THAN TWENTY-ONE YEARS OLD WHO HAS BEEN DIAGNOSED WITH A TERMINAL OR LIFE THREATENING ILLNESS OR INJURY WHO IS SPONSORED BY CERTAIN NONPROFIT CHARITABLE ORGANIZATIONS, TO PROVIDE THAT LICENSE, TAG, AND FEE REQUIREMENTS FOR HUNTING AND FISHING ARE WAIVED, AND TO ALLOW THE DIRECTOR TO DETERMINE THE PERIOD OF TIME IN WHICH THE SPECIAL AUTHORIZATION IS VALID.

Rep. HIXON explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 100; Nays 0

Those who voted in the affirmative are:

Alexander              Anderson               Anthony
Arrington              Atkinson               Atwater
Bales                  Ballentine             Bamberg
Bennett                Blackwell              Bradley
Brown                  Burns                  Caskey
Clyburn                Cobb-Hunter            Cogswell
Cole                   Collins                Crawford
Crosby                 Daning                 Davis
Dillard                Douglas                Duckworth
Elliott                Erickson               Felder
Finlay                 Forrest                Forrester
Fry                    Funderburk             Govan
Hart                   Hayes                  Henderson
Henegan                Herbkersman            Hill
Hiott                  Hixon                  Hosey
Howard                 Huggins                Jefferson
Johnson                Jordan                 King


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Kirby                  Knight                 Loftis
Long                   Lowe                   Lucas
Mack                   Magnuson               Martin
McCravy                McEachern              McKnight
Mitchell               D. C. Moss             Murphy
Neal                   B. Newton              W. Newton
Norrell                Ott                    Parks
Pitts                  Pope                   Putnam
Ridgeway               S. Rivers              Robinson-Simpson
Ryhal                  Sandifer               Simrill
G. M. Smith            G. R. Smith            J. E. Smith
Sottile                Spires                 Stringer
Tallon                 Taylor                 Thayer
Thigpen                Toole                  Weeks
Wheeler                Whipper                White
Whitmire               Williams               Willis
Yow

Total--100

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 H. 3517. If I had been present, I would have voted in favor of the Bill.
Jay West

LEAVE OF ABSENCE

The SPEAKER granted Rep. FUNDERBURK a temporary leave of absence to attend a meeting with the Governor.

H. 3218--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3218 (Word version) -- Reps. Lucas, Hiott, V. S. Moss, West, Pitts and Crosby: A BILL TO AMEND SECTION 49-11-120, CODE OF LAWS OF


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SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE DAMS AND RESERVOIRS SAFETY ACT, SO AS TO REVISE CERTAIN DEFINITIONS IN ORDER TO MAKE THE PROVISIONS OF THIS ACT FURTHER APPLICABLE TO CERTAIN DAMS; AND TO AMEND SECTION 49-11-150, RELATING TO DAM OR RESERVOIR OWNERS BEING RESPONSIBLE FOR THE SAFE MAINTENANCE OF THEIR DAMS OR RESERVOIRS, NOTICE TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OF DAM OR RESERVOIR OWNERSHIP CHANGES, AND EMERGENCY ACTION PLAN REQUIREMENTS FOR SPECIFIED DAM OWNERS, SO AS TO REQUIRE ANNUAL REPORTING TO THE DEPARTMENT BY DAM OR RESERVOIR OWNERS OF CERTAIN OWNER CONTACT AND OTHER INFORMATION, TOGETHER WITH A COMPLETED OWNER CHECKLIST, AND TO REQUIRE THE OWNERS OF DAMS OR RESERVOIRS CLASSIFIED AS A HIGH OR SIGNIFICANT HAZARD ANNUALLY TO PROVIDE A CURRENT EMERGENCY ACTION PLAN INCLUDING CONTACT INFORMATION OF SPECIFIED OFFICIALS, DOWNSTREAM RESIDENTS, AND BUSINESS OWNERS.
The Committee on Agriculture, Natural Resources and Environmental Affairs proposed the following Amendment No. 1 to H. 3218 (COUNCIL\SD\3218C004.NL.SD17):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Section 49-11-120(4) of the 1976 Code is amended to read:

"(4)   'Dam' means an artificial barrier with appurtenant works, including, but not limited to, dams, levees, dikes, or floodwalls for the impoundment or diversion of waters or other fluids where failure may cause danger to life or property. However, this does not include a dam:

(a)   less than twenty-five feet in height from the natural bed of the stream or watercourse measured at the downstream toe of the dam, or less than twenty-five feet from the lowest elevation of the outside limit of the dam, if it is not across a stream channel or watercourse, to the maximum water storage elevation and has an impounding capacity at maximum water storage elevation of less than fifty-acre feet unless a situation exists where the hazard potential as determined by the department is such that dam failure or improper reservoir operation may cause loss of human life or serious damage to homes, industrial and


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commercial facilities, public utilities, main and secondary highways, or railroads;

(b)   owned or operated by a department or an agency of the federal government;

(c)   owned or licensed by the Federal Energy Regulatory Commission, the South Carolina Public Service Authority, the Nuclear Regulatory Commission, the United States Corps of Engineers, or other responsible federal licensing agencies considered appropriate by the department;

(d)   upon which the Department of Transportation or county or municipal governments have accepted maintenance responsibility for a road or highway where that road or highway is the only danger to life or property with respect to failure of the dam."
SECTION   2.   Section 49-11-150 of the 1976 Code is amended to read:

"Section 49-11-150.   (A)   The owner of a dam or reservoir constructed in this State solely is responsible for maintaining the dam or reservoir in a safe condition throughout the life of the structure. The owner of a dam or reservoir shall inform the department in writing within thirty days after title to the dam or reservoir legally has been transferred from his ownership. The notice must include the name, and address home or business address, phone number, and email address, if any, of the new owner.

(B)   In addition to the requirements of subsection (A), an owner of a dam or reservoir not exempt from the provisions of this article also must provide the department annually no later than July first of each year with current contact information regarding the owner, including name, home or business address, phone number, and email address, if any, together with a completed dam owner checklist on a form provided by the department.

(C)   The owner of a dam or reservoir whose failure likely would cause loss of life or substantial property damage, a dam or reservoir classified as a high or significant hazard under existing regulations, annually no later than July first of each year shall provide the department a current emergency action plan in the format the department by regulation requires, including updated contact information for emergency management officials, such as police, fire, EMS, or utility departments or personnel, and for downstream residents and business owners located in the inundation zone for that dam or reservoir. However, nothing in the emergency action plan or any other provision of law or regulation shall require or impose a responsibility on the owner


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of a dam or reservoir classified as a high or significant hazard to notify any downstream residents or business owners located in the inundation zone for that dam or reservoir if the dam or reservoir owner has reason to believe that it is near failure or has failed. The owner must notify emergency officials and the department's Dams and Reservoirs Safety program of the dam or reservoir's failure or potential failure. It is the responsibility of the emergency management officials identified in the emergency action plan to inform any downstream residents or business owners located in the inundation zone of this fact and to cause them to be evacuated if it is considered necessary."
SECTION   3.   Section 49-11-170 of the 1976 Code is amended by adding an appropriately numbered subsection to read:

"( )   The department shall not require any changes to the dam or its appurtenant works due to reclassification of a dam unless failure would likely cause loss of life, or the department, through inspection, identifies repairs that must be made."
SECTION   4.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. HIOTT explained the amendment.

Reps. LOWE, HILL, ANTHONY, MURPHY, TOOLE, D. C. MOSS, BALES, WEEKS, DOUGLAS, OTT, FINLAY, ATWATER, MAGNUSON and POPE requested debate on the Bill.

Rep. V. S. MOSS 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. 3588 (Word version) -- Reps. Gagnon, West, White, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brown, 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, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan,


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King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McKnight, Mitchell, D. C. Moss, V. S. Moss, Murphy, Neal, B. Newton, W. Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Weeks, Wheeler, Whipper, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE DIXIE HIGH SCHOOL BOYS CROSS COUNTRY TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2016 SOUTH CAROLINA CLASS A STATE CHAMPIONSHIP TITLE.

H. 3576 (Word version) -- Reps. Atkinson, Alexander, Allison, Anderson, Anthony, Arrington, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brown, 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, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McKnight, Mitchell, D. C. Moss, V. S. Moss, Murphy, Neal, B. Newton, W. Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Weeks, West, Wheeler, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DR. FREDIS CLEON ("FRED") FORE OF MARION COUNTY FOR HIS OUTSTANDING PUBLIC AND MILITARY SERVICE TO THE PEOPLE OF SOUTH CAROLINA AND THIS GREAT COUNTRY.

H. 3568 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE FAITHFUL COMMITMENT OF THE FIREFIGHTERS OF THE BUFFALO-MT. PISGAH FIRE PROTECTION DISTRICT AND TO CELEBRATE WITH THEM A


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HALF CENTURY OF THE DEPARTMENT'S DEDICATED SERVICE TO THE COMMUNITIES OF BUFFALO AND MT. PISGAH.

ADJOURNMENT

At 1:12 p.m. the House, in accordance with the motion of Rep. SIMRILL, adjourned in memory of Ruby Lynn Wright Delleney, mother of Representative Delleney, to meet at 10:00 a.m. tomorrow.

***

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