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


Printed Page 1707 . . . . . Tuesday, February 27, 2018

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 1 Corinthians 10:13: "God is faithful and He will not let you be tested beyond your strength, but with the testing He will provide the way out."

Let us pray. Heavenly Father, we thank You for Your love, grace, and care for us. Continue Your blessings and grace to be upon these Representatives and staff as they strive to do the necessary work for the people of this State as they work and live in freedom. Give them strength to carry out their duties. Bless our Nation, President, State, Governor, Speaker, staff, and all who contribute to this great cause. Bless and protect our defenders of freedom and first responders as they protect us. Heal the wounds, those seen and those hidden, of our brave warriors who suffer and sacrifice for our freedom. Lord, 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. BROWN moved that when the House adjourns, it adjourn in memory of James Freddie Pinckney, which was agreed to.

COMMUNICATION

The following was received:

Columbia, S.C., February 27, 2018
Mr. Speaker and Members of the House of Representatives:

I am transmitting the below appointments for the State Ethics Commission on behalf of the Senate in accordance with Section 8-13-


Printed Page 1708 . . . . . Tuesday, February 27, 2018

310. This appointment is made with advice and consent of the General Assembly and is therefore submitted for your consideration.

State Ethics Commission
Term Commencing: April 1, 2017
Term Expiring: March 31, 2020
Seat: Senate - Majority
VICE: Rick Reames III (resigned)

Mr. Samuel L. Erwin
6 Hollow Hill
Greenville, South Carolina 29607

Respectfully submitted on behalf of the Senate,
Henry K. Leatherman, Sr.
President Pro Tempore

Referred to the House Ethics Committee

REPORTS OF STANDING COMMITTEES

Rep. TALLON, from the Spartanburg Delegation, submitted a favorable report on:

H. 4980 (Word version) -- Reps. Tallon, Allison, Long and Forrester: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO RENEWABLE WATER RESOURCES (REWA) FORMERLY KNOWN AS THE WESTERN CAROLINA REGIONAL SEWER AUTHORITY, SO AS TO REVISE THE MEMBERSHIP OF ITS GOVERNING COMMISSION TO PROVIDE A MEMBER FROM SPARTANBURG COUNTY, AND TO ADD THE "ENOREE BASIN" OF SPARTANBURG COUNTY TO REWA'S SERVICE AREA.
Ordered for consideration tomorrow.

Rep. PARKS, from the Greenwood Delegation, submitted a favorable report on:

S. 884 (Word version) -- Senator Nicholson: A BILL TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO RENAME CERTAIN PRECINCTS, AND TO REDESIGNATE THE MAP


Printed Page 1709 . . . . . Tuesday, February 27, 2018

NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 5009 (Word version) -- Reps. Johnson, Hardee, 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, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, 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 HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF DONZELLE FOXWORTH DICKERSON OF CONWAY AND TO EXTEND THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

The Resolution was adopted.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

S. 916 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 48-52-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENERGY EFFICIENT MANUFACTURED HOMES


Printed Page 1710 . . . . . Tuesday, February 27, 2018

INCENTIVE PROGRAM, SO AS TO EXTEND THE PROGRAM TEN ADDITIONAL YEARS.
Referred to Committee on Labor, Commerce and Industry

ROLL CALL

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

Alexander              Allison                Anderson
Anthony                Arrington              Atkinson
Atwater                Bales                  Ballentine
Bamberg                Bannister              Bennett
Bernstein              Blackwell              Bowers
Bradley                Brawley                Brown
Bryant                 Burns                  Caskey
Chumley                Clary                  Clemmons
Clyburn                Cobb-Hunter            Cogswell
Cole                   Collins                Crawford
Crosby                 Daning                 Davis
Delleney               Dillard                Douglas
Duckworth              Elliott                Erickson
Felder                 Finlay                 Forrest
Forrester              Fry                    Funderburk
Gagnon                 Gilliard               Govan
Hamilton               Hardee                 Hart
Hayes                  Henderson              Henderson-Myers
Henegan                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


Printed Page 1711 . . . . . Tuesday, February 27, 2018

G. R. Smith            J. E. Smith            Spires
Stavrinakis            Stringer               Tallon
Taylor                 Thayer                 Thigpen
Toole                  Trantham               Weeks
West                   Wheeler                White
Whitmire               Williams               Willis
Young                  Yow

Total Present--122

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

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. 3003 (Word version)
Date:   ADD:
02/27/18   THAYER


Printed Page 1712 . . . . . Tuesday, February 27, 2018

CO-SPONSOR ADDED

Bill Number:   H. 3195 (Word version)
Date:   ADD:
02/27/18   HENDERSON-MYERS

CO-SPONSORS ADDED

Bill Number:   H. 3328 (Word version)
Date:   ADD:
02/27/18   J. E. SMITH and NORRELL

CO-SPONSOR ADDED

Bill Number:   H. 3614 (Word version)
Date:   ADD:
02/27/18   THAYER

CO-SPONSOR ADDED

Bill Number:   H. 3842 (Word version)
Date:   ADD:
02/27/18   G. R. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3896 (Word version)
Date:   ADD:
02/27/18   HEWITT

CO-SPONSOR ADDED

Bill Number:   H. 3934 (Word version)
Date:   ADD:
02/27/18   TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 4384 (Word version)
Date:   ADD:
02/27/18   TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 4385 (Word version)
Date:   ADD:
02/27/18   TOOLE


Printed Page 1713 . . . . . Tuesday, February 27, 2018

CO-SPONSORS ADDED

Bill Number:   H. 4418 (Word version)
Date:   ADD:
02/27/18   TOOLE, WILLIS, TAYLOR, HEWITT, S. RIVERS, THAYER, CRAWFORD and ELLIOTT

CO-SPONSOR ADDED

Bill Number:   H. 4427 (Word version)
Date:   ADD:
02/27/18   THAYER

CO-SPONSOR ADDED

Bill Number:   H. 4428 (Word version)
Date:   ADD:
02/27/18   THAYER

CO-SPONSOR ADDED

Bill Number:   H. 4429 (Word version)
Date:   ADD:
02/27/18   THAYER

CO-SPONSOR ADDED

Bill Number:   H. 4491 (Word version)
Date:   ADD:
02/27/18   THAYER

CO-SPONSOR ADDED

Bill Number:   H. 4514 (Word version)
Date:   ADD:
02/27/18   THAYER

CO-SPONSOR ADDED

Bill Number:   H. 4672 (Word version)
Date:   ADD:
02/27/18   M. RIVERS

CO-SPONSORS ADDED

Bill Number:   H. 4874 (Word version)
Date:   ADD:
02/27/18   JEFFERSON, BOWERS, TOOLE, M. RIVERS and HENEGAN


Printed Page 1714 . . . . . Tuesday, February 27, 2018

CO-SPONSORS ADDED

Bill Number:   H. 4931 (Word version)
Date:   ADD:
02/27/18   STRINGER, WEST, ALLISON, HENDERSON, G. R. SMITH, BURNS, TRANTHAM, HAMILTON, BANNISTER, PUTNAM, ROBINSON-SIMPSON, CHUMLEY, TAYLOR, DOUGLAS, KNIGHT and DILLARD

CO-SPONSORS REMOVED

Bill Number:   H. 4946 (Word version)
Date:   REMOVE:
02/27/18   W. NEWTON and HERBKERSMAN

H. 4795--DEBATE ADJOURNED

The following Bill was taken up:

H. 4795 (Word version) -- Reps. Herbkersman, Simrill and W. Newton: A BILL TO AMEND SECTION 56-15-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMS AND THEIR DEFINITIONS REGARDING THE REGULATION OF MANUFACTURERS, DISTRIBUTORS, AND DEALERS, SO AS TO REVISE THE DEFINITION OF THE TERMS "DEALER" OR "MOTOR VEHICLE DEALER" TO EXCLUDE CERTAIN PERSONS CONDUCTING AUCTIONS IN CONJUNCTION WITH THE ANNUAL HILTON HEAD ISLAND CONCOURS D'ELEGANCE.

Rep. HERBKERSMAN moved to adjourn debate on the Bill until Tuesday, March 13, which was agreed to.

H. 4488--ORDERED TO THIRD READING

The following Bill was taken up:

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


Printed Page 1715 . . . . . Tuesday, February 27, 2018

EXAMINERS, AND DEPUTY MEDICAL EXAMINERS IN CERTAIN CIRCUMSTANCES.

Rep. HENDERSON explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 111; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Arrington              Atkinson
Atwater                Bales                  Ballentine
Bamberg                Bannister              Bennett
Blackwell              Bowers                 Bradley
Brawley                Brown                  Bryant
Burns                  Caskey                 Chumley
Clemmons               Clyburn                Cobb-Hunter
Cogswell               Cole                   Collins
Crawford               Crosby                 Daning
Davis                  Delleney               Dillard
Douglas                Duckworth              Elliott
Erickson               Felder                 Forrest
Forrester              Fry                    Funderburk
Gagnon                 Govan                  Hamilton
Hardee                 Hayes                  Henderson
Henderson-Myers        Henegan                Herbkersman
Hewitt                 Hill                   Hiott
Hixon                  Hosey                  Howard
Huggins                Jefferson              Johnson
Jordan                 King                   Kirby
Loftis                 Long                   Lowe
Lucas                  Mace                   Magnuson
Martin                 McCoy                  McCravy
McEachern              McGinnis               McKnight
D. C. Moss             V. S. Moss             Murphy
B. Newton              Ott                    Pendarvis
Pitts                  Pope                   Putnam
Ridgeway               M. Rivers              S. Rivers
Robinson-Simpson       Rutherford             Sandifer
Simrill                G. M. Smith            G. R. Smith
Spires                 Stavrinakis            Stringer


Printed Page 1716 . . . . . Tuesday, February 27, 2018

Tallon                 Taylor                 Thayer
Thigpen                Toole                  Trantham
Weeks                  West                   Wheeler
White                  Whitmire               Williams
Willis                 Young                  Yow

Total--111

Those who voted in the negative are:

Total--0

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

H. 4981--ORDERED TO THIRD READING

The following Bill was taken up:

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

The yeas and nays were taken resulting as follows:

Yeas 81; Nays 0

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Arrington              Atwater                Bales
Ballentine             Bannister              Bennett
Blackwell              Bowers                 Bradley
Brawley                Brown                  Burns
Clemmons               Cogswell               Cole
Collins                Crawford               Crosby
Daning                 Davis                  Delleney
Dillard                Douglas                Duckworth
Elliott                Felder                 Forrest


Printed Page 1717 . . . . . Tuesday, February 27, 2018

Forrester              Fry                    Funderburk
Gagnon                 Hardee                 Henderson
Henderson-Myers        Henegan                Herbkersman
Hewitt                 Hixon                  Hosey
Huggins                Jefferson              Johnson
Jordan                 King                   Kirby
Lowe                   Lucas                  Mace
Magnuson               Martin                 McCoy
McCravy                McEachern              McGinnis
D. C. Moss             V. S. Moss             Murphy
B. Newton              W. Newton              Pope
Ridgeway               S. Rivers              Robinson-Simpson
Sandifer               Simrill                Spires
Stavrinakis            Taylor                 Thayer
Thigpen                Toole                  Trantham
Weeks                  West                   Wheeler
Whitmire               Willis                 Yow

Total--81

Those who voted in the negative are:

Total--0

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

H. 3622--REQUESTS FOR DEBATE WITHDRAWN

Reps. HIOTT and V. S. MOSS withdrew their requests for debate on H. 3622 (Word version); however, other requests for debate remained on the Bill.

S. 955--RECALLED FROM COMMITTEE ON LABOR, COMMERCE AND INDUSTRY

On motion of Rep. SANDIFER, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Labor, Commerce and Industry:

S. 955 (Word version) -- Senators Alexander, Hutto, Setzler, Rankin, Massey and Leatherman: A JOINT RESOLUTION TO DIRECT THE PUBLIC UTILITIES REVIEW COMMITTEE TO RESUME SCREENING CANDIDATES FOR THE PUBLIC SERVICE COMMISSION, SEATS 2, 4, AND 6, AND TO ADVERTISE FOR THESE POSITIONS


Printed Page 1718 . . . . . Tuesday, February 27, 2018

FOR AN ADDITIONAL TIME PERIOD BEGINNING NO LATER THAN FEBRUARY 16, 2018, THROUGH MARCH 2, 2018, AND TO ACCEPT APPLICATIONS FROM FEBRUARY 22, 2018, THROUGH NOON ON MARCH 5, 2018.

OBJECTION TO RECALL

Rep. RUTHERFORD asked unanimous consent to recall H. 3211 (Word version) from the Committee on Judiciary.
Rep. TALLON objected.

RECURRENCE TO THE MORNING HOUR

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

HOUSE RESOLUTION

The following was introduced:

H. 5010 (Word version) -- Reps. Alexander, Hayes, 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, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE LEE CASEY MANNING, CIRCUIT COURT JUDGE FOR THE FIFTH JUDICIAL CIRCUIT, FOR A LIFETIME OF OUTSTANDING AND MEANINGFUL ACHIEVEMENTS, AND TO CONGRATULATE HIM FOR BEING INDUCTED INTO THE SOUTH CAROLINA ATHLETIC HALL OF FAME'S CLASS OF 2018.


Printed Page 1719 . . . . . Tuesday, February 27, 2018

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5011 (Word version) -- Reps. Tallon, 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, Stavrinakis, Stringer, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A HOUSE RESOLUTION TO HONOR AND APPLAUD CAPTAIN DONALD E. DICKERSON FOR HIS OVER FORTY YEARS OF SERVICE TO THE SOUTH CAROLINA HIGHWAY PATROL AND TO WISH HIM CONTINUED SUCCESS IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5012 (Word version) -- Reps. Bamberg, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, 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,


Printed Page 1720 . . . . . Tuesday, February 27, 2018

Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A HOUSE RESOLUTION TO CONGRATULATE THE MEMBERS OF THE BAMBERG-EHRHARDT HIGH SCHOOL WRESTLING TEAM ON A SUPERLATIVE SEASON AND TO SALUTE THESE ATHLETES AND THEIR COACHES ON WINNING THE 2018 CLASS AA DUALS STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5013 (Word version) -- Rep. Bamberg: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE BAMBERG-EHRHARDT HIGH SCHOOL WRESTLING TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED ON THEIR IMPRESSIVE SEASON AND FOR CAPTURING THE 2018 CLASS AA DUALS STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

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

The Resolution was adopted.


Printed Page 1721 . . . . . Tuesday, February 27, 2018

HOUSE RESOLUTION

The following was introduced:

H. 5014 (Word version) -- Reps. King, Brawley, Cobb-Hunter and Dillard: A HOUSE RESOLUTION TO AMEND RULE 5.16 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE PROCEDURES FOR HOUSE AND CONCURRENT RESOLUTIONS, SO AS TO ALLOW A MEMBER OF THE HOUSE WHO DOES NOT WISH TO HAVE HIS NAME INCLUDED ON A HOUSE OR CONCURRENT RESOLUTION WHEN THE ROLL OF THE HOUSE HAS BEEN APPLIED BY UNANIMOUS CONSENT MAY REQUEST, IN WRITING WITHIN TWENTY-FOUR HOURS OF THE MOTION, THAT THE CLERK OF THE HOUSE REMOVE HIS NAME FROM SUCH RESOLUTION.
The Resolution was ordered referred to the Committee on Rules.

HOUSE RESOLUTION

The following was introduced:

H. 5015 (Word version) -- Rep. King: A HOUSE RESOLUTION TO AMEND RULE 5.16 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE PROCEDURES FOR HOUSE AND CONCURRENT RESOLUTIONS, SO AS TO PROHIBIT THE INCLUSION OF THE NAME OF A MEMBER WHO IS ABSENT FROM THE HOUSE ON A DAY WHEN THE ROLL OF THE HOUSE HAS BEEN APPLIED TO A HOUSE OR CONCURRENT RESOLUTION BY UNANIMOUS CONSENT.
The Resolution was ordered referred to the Committee on Rules.

HOUSE RESOLUTION

The following was introduced:

H. 5016 (Word version) -- Reps. Rutherford, 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,


Printed Page 1722 . . . . . Tuesday, February 27, 2018

Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A HOUSE RESOLUTION TO DECLARE TUESDAY, MARCH 6, 2018, AS "ETIQUETTE DAY IN SOUTH CAROLINA" AND TO COMMEND THE UNIVERSITY OF SOUTH CAROLINA'S EDUCATIONAL TALENT SEARCH PROGRAM FOR THIS INITIATIVE AND ITS PARTICIPANTS FOR THEIR OUTSTANDING ACHIEVEMENTS AND PROGRESS IN BECOMING PRODUCTIVE CITIZENS.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 5017 (Word version) -- Reps. Felder, Elliott, G. R. Smith and Allison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-320 SO AS TO ESTABLISH AN "ADVISORY COUNCIL ON PEDIATRIC ACUTE-ONSET NEUROPSYCHIATRIC SYNDROME (PANS) AND PEDIATRIC AUTOIMMUNE NEUROPSYCHIATRIC DISORDER ASSOCIATED WITH STREPTOCOCCAL INFECTIONS (PANDAS)"; TO PROVIDE FOR MEMBERSHIP, DUTIES, AND REPORTING REQUIREMENTS OF THE ADVISORY COUNCIL; TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO APPOINT CERTAIN MEMBERS AND TO PROVIDE STAFF SUPPORT; AND FOR OTHER PURPOSES.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 5018 (Word version) -- Reps. Felder, Allison and West: A BILL TO AMEND SECTION 59-40-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO CHARTER


Printed Page 1723 . . . . . Tuesday, February 27, 2018

SCHOOLS, SO AS TO REVISE THE DEFINITION OF A "SPONSOR"; TO AMEND SECTION 59-40-55, RELATING TO SPONSOR POWERS AND THE RETENTION OF FUNDS, SO AS TO PROVIDE THAT PUBLIC OR INDEPENDENT INSTITUTIONS OF HIGHER LEARNING ARE NOT PERMITTED TO RETAIN AN ADMINISTRATIVE FEE, AND TO PROVIDE THAT THE COST OF ANY SERVICE DELIVERED TO THE CHARTER SCHOOL BY A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING MUST BE AT ITS DIRECT COSTS INCLUDING THOSE FOR ADMINISTERING AND OVERSEEING CHARTER SCHOOL FUNDS; AND TO AMEND SECTION 59-40-150 RELATING TO THE DUTIES OF THE DEPARTMENT OF EDUCATION IN REGARD TO CHARTER SCHOOLS, SO AS TO REQUIRE THE DEPARTMENT TO ESTABLISH A CHARTER SCHOOL PAGE ON THE DEPARTMENT'S INTERNET WEBSITE WHICH INCLUDES SPECIFIC INFORMATION REGARDING CHARTER SCHOOLS.
Referred to Committee on Education and Public Works

H. 5019 (Word version) -- Rep. Robinson-Simpson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 7, TITLE 1, SO AS TO DEFINE NECESSARY TERMS, TO CREATE THE ADDRESS CONFIDENTIALITY PROGRAM IN THE OFFICE OF THE ATTORNEY GENERAL, TO PROVIDE PROCEDURES FOR THE PROTECTION OF PUBLIC RECORDS IN TERMS OF ADDRESSES AND TELEPHONE NUMBERS OF VICTIMS OF DOMESTIC VIOLENCE, SEXUAL OFFENSES, STALKING, OR HUMAN TRAFFICKING, TO PROVIDE A PENALTY WHEN A PERSON VIOLATES THAT CONFIDENTIALITY UNDER CERTAIN CIRCUMSTANCES, AND TO ALLOW THE ATTORNEY GENERAL TO PROMULGATE RULES AND REGULATIONS IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, AMONG OTHER THINGS.
Referred to Committee on Judiciary

MOTION PERIOD

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


Printed Page 1724 . . . . . Tuesday, February 27, 2018

H. 3565--DEBATE ADJOURNED

The following Bill was taken up:

H. 3565 (Word version) -- Reps. Fry, Crawford, Elliott, Burns, Clemmons, Allison, Jordan, Yow, Johnson, Atwater, Duckworth, Ryhal, Loftis, Hewitt, V. S. Moss, D. C. Moss, Daning, Hardee, Felder, Erickson, Bales, Hamilton, Huggins, Putnam, Anthony, Bedingfield, West, Atkinson, Bennett, B. Newton, Lucas, Arrington, Ballentine, Chumley, Crosby, Davis, Delleney, Forrester, Gagnon, Hixon, Long, Lowe, Murphy, Pitts, Pope, S. Rivers, Sandifer, Simrill, Stringer, Taylor, Thayer, White, Bannister, Tallon, McCravy, Quinn, McEachern and McGinnis: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TIMELY REQUESTS FOR CONTESTED CASE HEARINGS UNDER THE ADMINISTRATIVE PROCEDURES ACT AND RELATED PROVISIONS, SO AS TO ESTABLISH AN AUTOMATIC STAY CONCERNING LICENSE ISSUANCES, RENEWALS AND THE LIKE, AND TO PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH THE AUTOMATIC STAY MAY BE LIFTED.

Rep. FRY moved to adjourn debate on the Bill, which was agreed to.

H. 3064--AMENDED AND REJECTED

The following Bill was taken up:

H. 3064 (Word version) -- Reps. Rutherford, Gilliard, Williams and Jefferson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-185 SO AS TO PROVIDE THE BOARD OF PHARMACY SHALL ISSUE A WRITTEN PROTOCOL IN COMPLIANCE WITH WHICH PHARMACISTS, WITHOUT AN ORDER OF A PRACTITIONER, MAY PRESCRIBE AND DISPENSE HORMONAL CONTRACEPTIVE PATCHES AND SELF-ADMINISTERED ORAL HORMONAL CONTRACEPTIVES; TO PROVIDE THE BOARD ALSO SHALL ADOPT CERTAIN RULES TO ESTABLISH STANDARD PROCEDURES FOR THESE PRESCRIPTIONS AND DISPENSATIONS; AND TO PROVIDE THAT LAWS GOVERNING INSURANCE COVERAGE OF CONTRACEPTIVE DRUGS, DEVICES, PRODUCTS, AND SERVICES MUST BE CONSTRUED TO APPLY TO HORMONAL CONTRACEPTIVE PATCHES AND SELF-ADMINISTERED ORAL


Printed Page 1725 . . . . . Tuesday, February 27, 2018

HORMONAL CONTRACEPTIVES PRESCRIBED AND DISPENSED PURSUANT TO THIS ACT.

The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 to H. 3064 (COUNCIL\WAB \3064C003.AGM.WAB17), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION   1.   Chapter 43, Title 40 of the 1976 Code is amended by adding:

"Section 40-43-185.   (A)   A practitioner may prescribe contraceptive drugs that may be dispensed over a period of up to three years after the order is issued. The Board of Pharmacy may, in its discretion, issue a written protocol in compliance with which a pharmacist may dispense contraceptive drugs pursuant to such prescription orders.

(B)   For purposes of this section, the term 'contraceptive drugs' means all drugs approved by the United States Food and Drug Administration that are used to prevent pregnancy, including, but not limited to, hormonal drugs administered orally, transdermally, or transvaginally.
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. RUTHERFORD 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 33; Nays 69

Those who voted in the affirmative are:

Alexander              Anderson               Bales
Bamberg                Bernstein              Brawley
Clyburn                Cobb-Hunter            Cogswell
Collins                Dillard                Funderburk
Hardee                 Henderson-Myers        Henegan
Hill                   Hosey                  Howard
Jefferson              King                   Kirby


Printed Page 1726 . . . . . Tuesday, February 27, 2018

Lucas                  Norrell                Ott
Putnam                 Ridgeway               Robinson-Simpson
Rutherford             J. E. Smith            Stavrinakis
Thigpen                Wheeler                Yow

Total--33

Those who voted in the negative are:

Allison                Arrington              Atkinson
Atwater                Ballentine             Bannister
Bennett                Blackwell              Bradley
Bryant                 Burns                  Caskey
Chumley                Clemmons               Cole
Crawford               Crosby                 Delleney
Douglas                Duckworth              Elliott
Erickson               Felder                 Finlay
Forrest                Forrester              Fry
Gagnon                 Hamilton               Hayes
Henderson              Hewitt                 Hiott
Hixon                  Huggins                Johnson
Jordan                 Loftis                 Long
Lowe                   Mace                   Magnuson
Martin                 McCravy                McGinnis
D. C. Moss             V. S. Moss             Murphy
B. Newton              W. Newton              Pitts
Pope                   S. Rivers              Sandifer
Simrill                G. M. Smith            G. R. Smith
Stringer               Tallon                 Taylor
Thayer                 Toole                  Trantham
Weeks                  West                   White
Whitmire               Willis                 Young

Total--69

So, the Bill, as amended, was rejected.

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on H. 3064. If I had been present, I would have voted against the Bill.

Rep. Sylleste Davis


Printed Page 1727 . . . . . Tuesday, February 27, 2018

RECORD FOR VOTING

I inadvertently voted in favor of H. 3064. I intended to vote against the Bill.

Rep. Jay Lucas

H. 3722--DEBATE ADJOURNED

The following Bill was taken up:

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

Rep. WHITE moved to adjourn debate on the Bill, which was agreed to.

S. 367--DEBATE ADJOURNED

The following Bill was taken up:

S. 367 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 50-21-870(B)(6) OF THE 1976 CODE, RELATING TO PROVISIONS THAT REGULATE THE OPERATION OF VARIOUS TYPES OF WATERCRAFT, TO INCREASE THE DISTANCE BETWEEN A WATERCRAFT AND ANOTHER OBJECT NEAR WHICH A WATERCRAFT MAY BE OPERATED IN EXCESS OF IDLE SPEED, AND TO PROVIDE THAT CERTAIN WATERCRAFT MAY NOT BE OPERATED UPON THE INTRACOASTAL WATERWAY IN EXCESS OF IDLE SPEED WITHIN FIFTY FEET OF CERTAIN OBJECTS.

Rep. HIOTT moved to adjourn debate on the Bill until Thursday, April 26, which was agreed to.


Printed Page 1728 . . . . . Tuesday, February 27, 2018

S. 105--DEBATE ADJOURNED

The following Bill was taken up:

S. 105 (Word version) -- Senators Rankin, Goldfinch and Verdin: A BILL TO AMEND SECTION 1-23-600 OF THE 1976 CODE, RELATING TO HEARINGS AND PROCEEDINGS IN CONTESTED CASES IN THE ADMINISTRATIVE LAW COURT, TO PROVIDE THAT A STAY OF AN AGENCY ORDER REMAINS IN EFFECT FOR THIRTY DAYS, RATHER THAN FOR AN UNDETERMINED TERM, OR UNTIL AN ORDER HAS BEEN ISSUED REGARDING A PRELIMINARY INJUNCTION; TO REVISE THE PROCEDURE FOR STAYS CONCERNING THE REVOCATION, SUSPENSION, OR RENEWAL OF A LICENSE AND PAYMENT OF FINES; TO DELETE THE PROVISION THAT THE COURT SHALL LIFT THE STAY FOR GOOD CAUSE SHOWN OR IF NO IRREPARABLE HARM WILL OCCUR AND ALSO DELETE THE REQUIREMENT THAT A HEARING MUST BE HELD WITHIN THIRTY DAYS TO LIFT THE AUTOMATIC STAY OR FOR A DETERMINATION OF THE APPLICABILITY OF THE AUTOMATIC STAY; TO PROVIDE THAT ANY PRELIMINARY INJUNCTION ORDERED BY THE ADMINISTRATIVE LAW COURT MAY REQUIRE THE POSTING OF A BOND OR OTHER SUFFICIENT SECURITY; AND TO EXEMPT STATE AGENCIES FROM THE REQUIREMENT TO POST A BOND UNDER THIS SECTION.

Rep. NORRELL moved to adjourn debate on the Bill, which was agreed to.

H. 4380--DEBATE ADJOURNED

The following Bill was taken up:

H. 4380 (Word version) -- Reps. McCoy, Ott, Lucas, Anderson, Ballentine, Blackwell, Caskey, Crawford, Crosby, Davis, Finlay, Forrester, Gilliard, Hardee, Henegan, Hixon, Mack, Pope, Rutherford, J. E. Smith, Sandifer, Stavrinakis, Erickson, Huggins, W. Newton, Bales, McEachern, Clary, Tallon, Brown, Robinson-Simpson, V. S. Moss, Clyburn, Bennett, Daning, Govan, Weeks, Henderson and Henderson-Myers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-27-875 SO AS TO PROVIDE THE PUBLIC SERVICE COMMISSION SHALL ORDER REFUNDS TO RATEPAYERS OF AMOUNTS COLLECTED FOR COSTS


Printed Page 1729 . . . . . Tuesday, February 27, 2018

ATTRIBUTED TO PROJECTS CONSTRUCTED UNDER THE PROVISIONS OF THE BASE LOAD REVIEW ACT IN SPECIFIC CIRCUMSTANCES; TO PROVIDE UTILITIES BEAR THE BURDEN OF PROVING THAT COLLECTED COSTS MAY BE RECOVERABLE UNDER STATE LAW; AND TO PROVIDE THE COMMISSION SHALL ORDER SUCH REFUNDS ON JUST AND REASONABLE BASES AND MAY MAKE SUCH REFUNDS BY ESTABLISHING CREDITS TO RATEPAYERS OVER PERIODS OF TIME AND UNDER CONDITIONS THAT ARE JUST AND REASONABLE.

Rep. STAVRINAKIS moved to adjourn debate on the Bill until Wednesday, February 28, which was agreed to.

H. 4376--DEBATE ADJOURNED

The following Bill was taken up:

H. 4376 (Word version) -- Reps. McCoy, Ott, Lucas, Anderson, Ballentine, Blackwell, Caskey, Crawford, Crosby, Davis, Finlay, Forrester, Gilliard, Hardee, Henegan, Hixon, Mack, Pope, Rutherford, J. E. Smith, Sandifer, Stavrinakis, Erickson, Huggins, W. Newton, Bales, Young, McEachern, Clary, Tallon, Brown, Robinson-Simpson, V. S. Moss, Bennett, Arrington, Daning, Govan, Weeks, Henderson and Henderson-Myers: A BILL TO AMEND SECTION 58-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE THAT THE TERMS OF ALL PRESENT MEMBERS OF THE BOARD SHALL EXPIRE ON THE EFFECTIVE DATE OF THIS SECTION AT WHICH TIME NEW MEMBERS OF THE BOARD WITH SPECIFIED QUALIFICATIONS SHALL BE APPOINTED IN THE MANNER PROVIDED IN THE SECTION, AND TO PROVIDE FOR RELATED MATTERS PERTAINING TO THE RECONSTITUTED BOARD; BY ADDING SECTION 58-31-25 SO AS TO PROVIDE THAT NEW OR REVISED ELECTRIC RATES AND CHARGES OF THE PUBLIC SERVICE AUTHORITY AS PROPOSED BY THE AUTHORITY MUST BE SUBMITTED TO THE PUBLIC SERVICE COMMISSION FOR APPROVAL AND DETERMINED BY THE COMMISSION IN THE MANNER PROVIDED BY ARTICLE 7, CHAPTER 27, TITLE 58 AS SUPPLEMENTED BY ANY OTHER APPLICABLE PROVISIONS OF LAW; TO AMEND SECTION 58-31-30, RELATING TO THE


Printed Page 1730 . . . . . Tuesday, February 27, 2018

POWERS AND DUTIES OF THE PUBLIC SERVICE AUTHORITY AND ITS BOARD OF DIRECTORS, SO AS TO REVISE THE POWER OF THE AUTHORITY TO FIX RATES AND CHARGES SO THAT NEW AND REVISED RATES AND CHARGES SHALL BE SUBJECT TO THE JURISDICTION AND APPROVAL OF THE PUBLIC SERVICE COMMISSION AND THAT NO NEW RATES OR REVISED CHARGES MAY BE IMPOSED OR APPROVED FOR THE PURPOSE OF PAYING ANY OF THE ABANDONMENT COSTS OF THE TWO NEW NUCLEAR REACTORS CONSTRUCTED PURSUANT TO THE BASE LOAD REVIEW ACT; AND TO AMEND SECTION 58-31-360, RELATING TO THE STATE OF SOUTH CAROLINA'S COVENANTS WITH HOLDERS OF BONDED OR OTHER INDEBTEDNESS OF THE AUTHORITY, SO AS TO CLARIFY AND FURTHER PROVIDE FOR THESE COVENANTS AS A RESULT OF THE ABANDONMENT OF THE TWO NUCLEAR REACTORS REFERRED TO ABOVE.

Rep. STAVRINAKIS moved to adjourn debate on the Bill until Wednesday, February 28, which was agreed to.

H. 3195--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3195 (Word version) -- Reps. King, Ridgeway, Anderson, Brown, Pendarvis, Gilliard, Weeks and Henderson-Myers: A BILL TO AMEND SECTION 53-3-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF THE NINETEENTH DAY OF JUNE OF EACH YEAR AS "JUNETEENTH CELEBRATION OF FREEDOM DAY", SO AS TO PROVIDE THAT IT ALSO IS RECOGNIZED AS "SICKLE CELL DAY IN SOUTH CAROLINA" IN COMMEMORATION OF "WORLD SICKLE CELL DAY".

Rep. ATWATER proposed the following Amendment No. 1 to H. 3195 (COUNCIL\CZ\3195C002.DKA.CZ18), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION.   Chapter 5, Title 53 of the 1976 Code is amended by adding:

"Section 53-5-65.   Beginning with the 2018-2019 school year, the local school districts of this State shall observe Martin Luther King, Jr. Day and Memorial Day as legal holidays and schools and offices of the


Printed Page 1731 . . . . . Tuesday, February 27, 2018

districts must be closed on those dates. Districts may not schedule make-up days on either day."   /
Renumber sections to conform.
Amend title to conform.

Rep. ATWATER moved to table the amendment, which was agreed to.

Rep. ATWATER proposed the following Amendment No. 2 to H. 3195 (COUNCIL\VR\3195C002.NBD.VR18), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/   SECTION   __.   Chapter 5, Title 53 of the 1976 Code is amended by adding:

"Section 53-5-65.   Beginning with the 2019-2020 school year, the local school districts of this State shall observe Martin Luther King, Jr. Day and Memorial Day as legal holidays and schools and offices of the districts must be closed on those dates. Districts may not schedule make-up days on either day."     /
Renumber sections to conform.
Amend title to conform.

Rep. ATWATER explained the amendment.

POINT OF ORDER

Rep. ALLISON raised the Point of Order that under Rule 9.3, Amendment No. 2 to H. 3195 was out of order in that it was not germane to the Bill.

Rep. ATWATER spoke against the Point.

Rep. ALLISON spoke in favor of the Point.

The SPEAKER stated that H. 3195 was a simple Bill to recognize June 19th of each year as "Sickle Cell Day in South Carolina" and bring attention to sickle cell disease as a public health priority.

Amendment No. 2, on the other hand, requires South Carolina public schools to observe Martin Luther King, Jr. Day and Memorial Day as legal holidays and that would prohibit school districts from using these two holidays as makeup days in the event of regular school days being canceled due to bad weather, natural disaster, or emergency.

The SPEAKER stated that House Rule 9.3 and House Precedents were clear that an amendment must have the same substantial effect or impact


Printed Page 1732 . . . . . Tuesday, February 27, 2018

as the bill it seeks to amend, and the amendment cannot go beyond the scope of the bill.

In this situation Amendment No. 2 changed the scheduling of makeup days for public schools and went far beyond the purpose of creating a sickle cell disease recognition day.

The SPEAKER sustained the Point of Order and ruled the Amendment to be non-germane.

Rep. ATWATER explained the Bill.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 106; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Arrington              Atkinson
Atwater                Bales                  Ballentine
Bamberg                Bannister              Bennett
Bernstein              Blackwell              Bowers
Bradley                Brawley                Brown
Bryant                 Burns                  Caskey
Chumley                Clemmons               Clyburn
Cobb-Hunter            Cole                   Collins
Crawford               Crosby                 Daning
Davis                  Delleney               Dillard
Douglas                Duckworth              Elliott
Erickson               Felder                 Finlay
Forrest                Forrester              Fry
Funderburk             Gagnon                 Gilliard
Govan                  Hardee                 Hayes
Henderson              Henderson-Myers        Henegan
Hewitt                 Hiott                  Hixon
Hosey                  Huggins                Jefferson
Johnson                Jordan                 King
Kirby                  Loftis                 Lowe
Lucas                  Mace                   Mack
Magnuson               Martin                 McCoy
McCravy                McEachern              McGinnis
McKnight               D. C. Moss             V. S. Moss


Printed Page 1733 . . . . . Tuesday, February 27, 2018

Murphy                 B. Newton              W. Newton
Norrell                Ott                    Pitts
Pope                   Putnam                 Ridgeway
M. Rivers              S. Rivers              Robinson-Simpson
Sandifer               Simrill                G. R. Smith
Stavrinakis            Stringer               Taylor
Thayer                 Thigpen                Toole
Trantham               Weeks                  West
Wheeler                White                  Whitmire
Williams               Willis                 Young
Yow

Total--106

Those who voted in the negative are:

Total--0

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

H. 4672--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4672 (Word version) -- Reps. Elliott, B. Newton, Allison, Felder, Bryant, Putnam, Martin, Arrington, Thigpen, Gagnon, Thayer, Douglas, Govan, Anderson, McGinnis, Huggins, Tallon, Daning, D. C. Moss, Long, Henderson, Mace, Cogswell, West, Chumley, Gilliard, Atwater, J. E. Smith, Bernstein, Jefferson, Williams, W. Newton, Henderson-Myers, Ballentine, Bowers, Weeks and M. Rivers: A BILL TO AMEND SECTION 56-1-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VISION SCREENING REQUIRED FOR ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT VISION SCREENING IS REQUIRED UPON RENEWAL OF A LICENSE, AND TO PROVIDE THAT A CERTIFICATE OF VISION EXAMINATION FORM MUST BE EXECUTED BY THE CERTIFYING OPHTHALMOLOGIST OR OPTOMETRIST.

The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 4672 (COUNCIL\CM\4672C001. GT.CM18):


Printed Page 1734 . . . . . Tuesday, February 27, 2018

Amend the bill, as and if amended, Section 56-1-220(A), as continued in SECTION 1, page 1 by striking SECTION 56-1-220(A) and inserting:
/   (A)   The department shall require vision screening for all persons obtaining an initial license and upon license renewal after October 1, 2019. The vision screening may be waived upon the submission of a certificate of vision examination dated within the previous twelve months from an ophthalmologist or optometrist licensed in any state./
Renumber sections to conform.
Amend title to conform.

Rep. ELLIOTT moved to adjourn debate on the amendment, which was agreed to.

Rep. ELLIOTT proposed the following Amendment No. 2 to H. 4672 (COUNCIL\DG\4672C001.BBM.DG18), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 56-1-220(A) and inserting:
/   "(A)   The department shall require vision screening for all persons obtaining an initial license and upon license renewal after October 1, 2019. The vision screening may be must be offered by the department, however, a person's screening must be waived upon the submission of a certificate of vision examination dated within the previous twelve months from an ophthalmologist or optometrist licensed in any state. /
Renumber sections to conform.
Amend title to conform.

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

Rep. OTT proposed the following Amendment No. 3 to H. 4672 (COUNCIL\DG\4672C006.BBM.DG18), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Section 56-1-220(A) and (B) of the 1976 Code is amended to read:

"(A)   The department shall require vision screening for all persons obtaining an initial license and upon license renewal. The vision screening may be must be offered by the department, however, a person's screening must be waived upon the submission of a certificate of vision examination dated within the previous twelve months from an ophthalmologist or optometrist licensed in any state.


Printed Page 1735 . . . . . Tuesday, February 27, 2018

(B)   The renewal license forms distributed by the department must be designed to contain a certification that the vision of the person screened meets the minimum standards required by the department or have been corrected to meet these requirements if a screening is required. The certification must be executed by the person conducting the screening. A Certificate of Vision Examination form must be executed by the certifying ophthalmologist or optometrist. The minimum standards of the department shall not require a greater degree of vision than 20/40 corrected in one eye. Persons using bioptic lenses must adhere to the provisions contained in Section 56-1-222."
SECTION   2.   This act takes effect upon approval by the Governor, except that the amendments to Section 56-1-220 contained within this act do not apply to any person who submitted documentation to the Department of Motor Vehicles to obtain a REAL ID before the Governor's approval. However, this exception does not extend beyond the initial issuance of the person's REAL ID. /
Renumber sections to conform.
Amend title to conform.

Rep. OTT explained the amendment.

Rep. LOFTIS moved to table the amendment.

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

Yeas 38; Nays 73

Those who voted in the affirmative are:

Allison                Arrington              Bryant
Burns                  Chumley                Cole
Crosby                 Daning                 Delleney
Douglas                Elliott                Felder
Finlay                 Forrest                Forrester
Henderson              Hill                   Hiott
Hixon                  Loftis                 Long
McCravy                McGinnis               V. S. Moss
Murphy                 Pope                   Putnam
Sandifer               Simrill                G. M. Smith
G. R. Smith            Taylor                 Thigpen


Printed Page 1736 . . . . . Tuesday, February 27, 2018

Trantham               West                   White
Whitmire               Willis

Total--38

Those who voted in the negative are:

Alexander              Anderson               Anthony
Atkinson               Atwater                Bales
Ballentine             Bamberg                Bannister
Bennett                Bernstein              Blackwell
Bowers                 Bradley                Brawley
Brown                  Caskey                 Clemmons
Clyburn                Cobb-Hunter            Collins
Crawford               Davis                  Dillard
Duckworth              Erickson               Fry
Funderburk             Gagnon                 Gilliard
Govan                  Hardee                 Hart
Hayes                  Henderson-Myers        Henegan
Hewitt                 Hosey                  Howard
Huggins                Jefferson              Johnson
Jordan                 King                   Kirby
Lowe                   Lucas                  Mace
Mack                   Magnuson               Martin
McCoy                  McKnight               D. C. Moss
B. Newton              W. Newton              Norrell
Ott                    Parks                  Pendarvis
Ridgeway               S. Rivers              Robinson-Simpson
J. E. Smith            Stavrinakis            Stringer
Thayer                 Toole                  Weeks
Wheeler                Williams               Young
Yow

Total--73

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.


Printed Page 1737 . . . . . Tuesday, February 27, 2018

The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 4672 (COUNCIL\CM\4672C001.GT .CM18), which was tabled:
Amend the bill, as and if amended, Section 56-1-220(A), as continued in SECTION 1, page 1 by striking SECTION 56-1-220(A) and inserting:
/   (A)   The department shall require vision screening for all persons obtaining an initial license and upon license renewal after October 1, 2019. The vision screening may be waived upon the submission of a certificate of vision examination dated within the previous twelve months from an ophthalmologist or optometrist licensed in any state./
Renumber sections to conform.
Amend title to conform.

Rep. ELLIOTT moved to table the amendment, which was agreed to.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 109; Nays 1

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Atkinson               Atwater
Bales                  Ballentine             Bamberg
Bannister              Bennett                Bernstein
Blackwell              Bowers                 Bradley
Brawley                Brown                  Bryant
Burns                  Chumley                Clemmons
Clyburn                Cobb-Hunter            Collins
Crawford               Crosby                 Daning
Davis                  Delleney               Dillard
Douglas                Duckworth              Elliott
Erickson               Felder                 Finlay
Forrest                Forrester              Fry
Funderburk             Gagnon                 Gilliard
Govan                  Hardee                 Hart
Hayes                  Henderson              Henderson-Myers
Henegan                Hewitt                 Hill
Hiott                  Hixon                  Hosey
Howard                 Huggins                Jefferson
Johnson                Jordan                 King


Printed Page 1738 . . . . . Tuesday, February 27, 2018

Kirby                  Loftis                 Long
Lowe                   Lucas                  Mace
Mack                   Magnuson               Martin
McCoy                  McCravy                McEachern
McKnight               D. C. Moss             V. S. Moss
Murphy                 B. Newton              W. Newton
Norrell                Ott                    Parks
Pitts                  Pope                   Putnam
Ridgeway               M. Rivers              S. Rivers
Robinson-Simpson       Rutherford             Sandifer
Simrill                G. M. Smith            G. R. Smith
J. E. Smith            Stavrinakis            Stringer
Taylor                 Thayer                 Thigpen
Toole                  Trantham               Weeks
West                   Wheeler                White
Whitmire               Williams               Young
Yow

Total--109

Those who voted in the negative are:

Willis

Total--1

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

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on H. 4672. If I had been present, I would have voted in favor the Bill.

Rep. Eddie Tallon

RECURRENCE TO THE MORNING HOUR

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


Printed Page 1739 . . . . . Tuesday, February 27, 2018

HOUSE RESOLUTION

The following was introduced:

H. 5020 (Word version) -- Reps. Johnson, 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, 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 APPLAUD AND HONOR MALLORIE BROWN OF AYNOR FOR HER EFFORTS TOWARD INCLUSIVITY AND TO WISH HER THE GREATEST SUCCESS IN HER NOBLE ENDEAVOR.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5021 (Word version) -- Reps. Finlay, Bernstein, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, 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, 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,


Printed Page 1740 . . . . . Tuesday, February 27, 2018

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 CELEBRATE THE HAMMOND SCHOOL GIRLS VARSITY BASKETBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM ON WINNING THE 2018 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS 3A STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5022 (Word version) -- Reps. Finlay and Bernstein: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE HAMMOND SCHOOL GIRLS VARSITY BASKETBALL TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2018 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS 3A STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Hammond School girls varsity basketball team, coaches, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2018 South Carolina Independent School Association Class 3A State Championship title.

The Resolution was adopted.


Printed Page 1741 . . . . . Tuesday, February 27, 2018

HOUSE RESOLUTION

The following was introduced:

H. 5023 (Word version) -- Rep. Lucas: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE HARTSVILLE NORTHERN BASEBALL TEAM WITH THE TEAM AND COACHES AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2017 DIXIE YOUTH AAA WORLD SERIES TITLE AND THE 2017 SOUTH CAROLINA AAA STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Hartsville Northern baseball team with the team and coaches at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2017 Dixie Youth AAA World Series title and the 2017 South Carolina AAA state championship title.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5024 (Word version) -- Rep. Lucas: A HOUSE RESOLUTION TO HONOR AND CONGRATULATE THE HARTSVILLE NORTHERN BASEBALL TEAM AND ITS COACHES FOR WINNING THE 2017 DIXIE YOUTH AAA WORLD SERIES AND THE 2017 SOUTH CAROLINA AAA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 5025 (Word version) -- Rep. Norrell: A BILL TO AMEND SECTION 20-1-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO


Printed Page 1742 . . . . . Tuesday, February 27, 2018

THE RIGHT OF CERTAIN MINORS TO BE ISSUED A MARRIAGE LICENSE, SO AS TO ALLOW ISSUANCE OF A MARRIAGE LICENSE IN THE CASE OF A PREGNANCY OR THE BIRTH OF A CHILD WHEN THE MINOR PARENTS ARE NOT YOUNGER THAN SIXTEEN YEARS OF AGE, WITH EXCEPTIONS.
Referred to Committee on Judiciary

H. 3622--REQUESTS FOR DEBATE WITHDRAWN

Reps. KIRBY, STRINGER and ELLIOTT withdrew their requests for debate on H. 3622 (Word version); however, other requests for debate remained on the Bill.

H. 3211--RECALLED FROM COMMITTEE ON JUDICIARY

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

H. 3211 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 17-25-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDUCTION OF A SENTENCE FOR SUBSTANTIAL ASSISTANCE TO THE STATE, SO AS TO ADD THAT THE ATTORNEY GENERAL IS ALSO AUTHORIZED TO FILE A MOTION UNDER THE PROVISIONS OF THE SECTION.

OBJECTION TO RECALL

Rep. KING asked unanimous consent to recall H. 3618 (Word version) from the Committee on Education and Public Works.
Rep. ALLISON objected.

MOTION PERIOD

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

H. 3565--DEBATE ADJOURNED

The following Bill was taken up:

H. 3565 (Word version) -- Reps. Fry, Crawford, Elliott, Burns, Clemmons, Allison, Jordan, Yow, Johnson, Atwater, Duckworth, Ryhal, Loftis, Hewitt, V. S. Moss, D. C. Moss, Daning, Hardee, Felder, Erickson, Bales, Hamilton, Huggins, Putnam, Anthony, Bedingfield, West, Atkinson, Bennett, B. Newton, Lucas, Arrington, Ballentine, Chumley, Crosby, Davis, Delleney, Forrester, Gagnon, Hixon, Long, Lowe, Murphy, Pitts,


Printed Page 1743 . . . . . Tuesday, February 27, 2018

Pope, S. Rivers, Sandifer, Simrill, Stringer, Taylor, Thayer, White, Bannister, Tallon, McCravy, Quinn, McEachern and McGinnis: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TIMELY REQUESTS FOR CONTESTED CASE HEARINGS UNDER THE ADMINISTRATIVE PROCEDURES ACT AND RELATED PROVISIONS, SO AS TO ESTABLISH AN AUTOMATIC STAY CONCERNING LICENSE ISSUANCES, RENEWALS AND THE LIKE, AND TO PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH THE AUTOMATIC STAY MAY BE LIFTED.

Rep. FRY moved to adjourn debate on the Bill until Wednesday, February 28, which was agreed to.

H. 3722--DEBATE ADJOURNED

The following Bill was taken up:

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

Rep. WHITE moved to adjourn debate on the Bill until Wednesday, February 28, which was agreed to.

S. 105--ORDERED TO THIRD READING

The following Bill was taken up:

S. 105 (Word version) -- Senators Rankin, Goldfinch and Verdin: A BILL TO AMEND SECTION 1-23-600 OF THE 1976 CODE, RELATING TO HEARINGS AND PROCEEDINGS IN CONTESTED CASES IN THE ADMINISTRATIVE LAW COURT, TO PROVIDE THAT A STAY OF AN AGENCY ORDER REMAINS IN EFFECT FOR THIRTY DAYS, RATHER THAN FOR AN UNDETERMINED TERM, OR UNTIL AN ORDER HAS BEEN ISSUED REGARDING A PRELIMINARY INJUNCTION; TO REVISE THE PROCEDURE


Printed Page 1744 . . . . . Tuesday, February 27, 2018

FOR STAYS CONCERNING THE REVOCATION, SUSPENSION, OR RENEWAL OF A LICENSE AND PAYMENT OF FINES; TO DELETE THE PROVISION THAT THE COURT SHALL LIFT THE STAY FOR GOOD CAUSE SHOWN OR IF NO IRREPARABLE HARM WILL OCCUR AND ALSO DELETE THE REQUIREMENT THAT A HEARING MUST BE HELD WITHIN THIRTY DAYS TO LIFT THE AUTOMATIC STAY OR FOR A DETERMINATION OF THE APPLICABILITY OF THE AUTOMATIC STAY; TO PROVIDE THAT ANY PRELIMINARY INJUNCTION ORDERED BY THE ADMINISTRATIVE LAW COURT MAY REQUIRE THE POSTING OF A BOND OR OTHER SUFFICIENT SECURITY; AND TO EXEMPT STATE AGENCIES FROM THE REQUIREMENT TO POST A BOND UNDER THIS SECTION.

Rep. CLARY proposed the following Amendment No. 2 to S. 105 (COUNCIL\CZ\105C005.NBD.CZ18), which was tabled:
Amend the bill, as and if amended, SECTION 1, by striking 1-23-600(H)(2) and inserting:

/ (2)   A request for a contested case hearing for an agency order stays the order. A request for a contested case hearing for an order to revoke or suspend a license stays the revocation or suspension. A request for a contested case hearing for a decision to renew a license for an ongoing activity stays the renewed license, the previous license remaining in effect pending completion of administrative review. A request for a contested case hearing for a decision to issue a new license stays all actions for which the license is a prerequisite; from an agency decision granting a license, for a decision to renew a license for an ongoing activity, for an order to revoke, enforce, or suspend a license, or challenging the amount of fines or penalties stays the license, license renewal, order, fine or penalty for ninety days and, if a request for preliminary injunctive relief is filed with the Administrative Law Court, until an order granting or denying preliminary injunctive relief is issued by the Administrative Law Court, at which time the stay is lifted; provided however, that matters not affected by the request may not be stayed by the filing of the request. If the request is filed for a subsequent license related to issues substantially similar to those considered in a previously licensed matter, the license may not be automatically stayed by the filing of the request. If the requesting party asserts in the request that the issues are not substantially similar to those considered in a previously licensed matter, then the license must be stayed until further order of the Administrative Law Court. Requests for contested case


Printed Page 1745 . . . . . Tuesday, February 27, 2018

hearings challenging only the amount of fines or penalties must be deemed considered not to affect those portions of such orders imposing substantive requirements.   /
Renumber sections to conform.
Amend title to conform.

Rep. NORRELL moved to table the amendment, which was agreed to.

Rep. FRY explained the Bill.

Rep. NORRELL spoke against the Bill.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 86; Nays 30

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Arrington              Atkinson               Atwater
Bales                  Ballentine             Bannister
Bennett                Blackwell              Bradley
Bryant                 Burns                  Caskey
Chumley                Clemmons               Clyburn
Cole                   Collins                Crawford
Crosby                 Daning                 Davis
Delleney               Douglas                Duckworth
Elliott                Erickson               Felder
Forrest                Forrester              Fry
Gagnon                 Govan                  Hardee
Hayes                  Henderson              Hewitt
Hill                   Hiott                  Hixon
Huggins                Jefferson              Johnson
Jordan                 Kirby                  Loftis
Long                   Lowe                   Lucas
Mace                   Magnuson               Martin
McCravy                McEachern              McGinnis
McKnight               D. C. Moss             V. S. Moss
Murphy                 B. Newton              Ott
Pitts                  Pope                   Putnam


Printed Page 1746 . . . . . Tuesday, February 27, 2018

S. Rivers              Rutherford             Sandifer
Simrill                G. M. Smith            G. R. Smith
Stringer               Tallon                 Taylor
Thayer                 Toole                  Trantham
Weeks                  West                   White
Whitmire               Williams               Willis
Young                  Yow

Total--86

Those who voted in the negative are:

Bamberg                Bernstein              Bowers
Brawley                Brown                  Cobb-Hunter
Cogswell               Dillard                Funderburk
Gilliard               Hart                   Henderson-Myers
Henegan                Herbkersman            Hosey
Howard                 King                   Mack
McCoy                  W. Newton              Norrell
Parks                  Pendarvis              Ridgeway
M. Rivers              Robinson-Simpson       J. E. Smith
Stavrinakis            Thigpen                Wheeler

Total--30

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

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on S. 105. If I had been present, I would have voted against of the Bill.

Rep. Gary E. Clary

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

MOTION NOTED

Rep. CLEMMONS moved to reconsider the vote whereby H. 3064 (Word version) was rejected and the motion was noted.

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


Printed Page 1747 . . . . . Tuesday, February 27, 2018

ADJOURNMENT

At 2:12 p.m. the House, in accordance with the motion of Rep. BROWN, adjourned in memory of James Freddie Pinckney, to meet at 10:00 a.m. tomorrow.

***

This web page was last updated on Tuesday, December 11, 2018 at 9:51 A.M.