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

                                                  NO. 13

JOURNAL

OF THE

SENATE

OF THE

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 9, 2018

_________

TUESDAY, JANUARY 30, 2018

Tuesday, January 30, 2018
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Isaiah 40:31 NRSV

"But those who wait upon the Lord shall renew their strength, they shall mount up with wings like eagles, they shall run and not be weary, they shall walk and not faint."

Let us pray. Gracious God, the power of Your word through Isaiah has been a source of hope and strength for countless generations. Even today, we too, as Your people, hear and know that Your word speaks to our hearts saying that: Those who wait upon the Lord will not be weary. Those who are heavy laden and burdened with sorrow need not despair for there is hope for tomorrow. God will be there each time you call on Him.

So therefore people of God, renew your strength and rise up with wings like an eagle and soar. For the Lord your God is the everlasting God, the Creator of the ends of the earth. It is through His powerful name that we pray, Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Point of Quorum

At 2:04 P.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator LEATHERMAN moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Bennett                   Campbell
Campsen                   Climer                    Cromer
Davis                     Goldfinch                 Johnson
Leatherman                Martin                    Massey
Peeler                    Rankin                    Rice
Sabb                      Scott                     Senn
Setzler                   Shealy                    Sheheen
Talley                    Turner                    Verdin
Williams                  Young

A quorum being present, the Senate resumed.

Recorded Presence

Senator TIMMONS recorded his presence subsequent to the Call of the Senate.

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable Henry Dargan McMaster:

Statewide Appointment

Reappointment, South Carolina Board of Long Term Health Care Administrators, with the term to commence June 9, 2018, and to expire June 9, 2021
Proprietary Nursing Home Administrator:
Julius B. Kinney, Jr., 201 Middle Brooke Dr., Anderson, SC 29621

Referred to the Committee on Medical Affairs.

Local Appointment

Reappointment, Laurens County Magistrate, with the term to commence April 30, 2015, and to expire April 30, 2019
Glynda L. Tucker, 329 West Main Street, Gray Court, SC 29645-5604

REGULATIONS RECEIVED

The following was received and referred to the appropriate committee for consideration:
Document No. 4747
Agency: Department of Social Services
Chapter: 114
Statutory Authority: 1976 Code Sections 43-1-80 and 63-13-180 et seq.
SUBJECT: Regulations for the Licensing of Child Care Centers
Received by Lieutenant Governor January 26, 2018
Referred to the General Committee

REGULATION RESUBMITTED

The following was received:
Document No. 4799
Agency: Department of Natural Resources
Chapter: 123
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, 50-11-315, 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
SUBJECT: Season, Limits, Methods of Take and Special Use Restrictions on Wildlife Management Areas
Received by Lieutenant Governor January 9, 2018
Referred to Fish, Game and Forestry Committee
Legislative Review Expiration May 9, 2018
Resubmitted January 26, 2018

Doctor of the Day

Senator SCOTT introduced Dr. Patricia Witherspoon of Columbia, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator HEMBREE, at 4:41 P.M., Senator GROOMS was granted a leave of absence for today.

Expression of Personal Interest

Senator JOHNSON rose for an Expression of Personal Interest.

CO-SPONSORS ADDED

The following co-sponsors were added to the respective Bills:
S. 805 (Word version)     Sen. McElveen
S. 890 (Word version)     Sens. Leatherman, Talley, Timmons, Shealy, Jackson and

Gregory
S. 909 (Word version)     Sens. Williams, Johnson, Rice and Timmons

RECALLED AND ADOPTED

S. 923 (Word version) -- Senator Goldfinch: A CONCURRENT RESOLUTION TO DECLARE JANUARY 31, 2018, AS OMPHALOCELE AWARENESS DAY IN SOUTH CAROLINA AND TO ENCOURAGE ALL SOUTH CAROLINIANS TO LEARN MORE ABOUT OMPHALOCELE AND MORE ABOUT HOW THEY CAN SUPPORT OMPHALOCELE PATIENTS AND THEIR FAMILIES.

Senator GOLDFINCH asked unanimous consent to make a motion to recall the Resolution from the Committee on Medical Affairs.

The Resolution was recalled from the Committee on Medical Affairs.

Senator GOLDFINCH asked unanimous consent to make a motion to take the Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Resolution. The question then was the adoption of the Resolution.

On motion of Senator GOLDFINCH, the Resolution was adopted and ordered sent to the House.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 939 (Word version) -- Senators Martin, Corbin, Peeler, Reese and Talley: A SENATE RESOLUTION TO HONOR AND RECOGNIZE DORMAN HIGH SCHOOL ATHLETES, COACHES, AND STAFF FOR AN OUTSTANDING YEAR AND TO CONGRATULATE THEM ON THEIR SIGNIFICANT ATHLETIC ACHIEVEMENTS.
l:\s-res\srm\006dorm.kmm.srm.docx

The Senate Resolution was adopted.

S. 940 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY 2018 AS "MENTAL HEALTH MONTH" IN SOUTH CAROLINA AND TO RAISE AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS AND THE NEED FOR APPROPRIATE AND ACCESSIBLE SERVICES FOR ALL PEOPLE WITH MENTAL ILLNESS.
l:\council\bills\rt\17286sa18.docx

The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.

S. 941 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA'S FFA MEMBERS AND ALL WHO SUPPORT, PROMOTE, AND ENCOURAGE THESE OUTSTANDING STUDENTS OF AGRICULTURAL EDUCATION AND TO JOIN THEM IN OBSERVANCE OF NATIONAL FFA WEEK, FEBRUARY 18-24, 2018.
l:\s-res\dbv\011ffa .kmm.dbv.docx

The Concurrent Resolution was adopted, ordered sent to the House.

S. 942 (Word version) -- Senators Corbin, Alexander, Allen, Bennett, M. B. Matthews, Campbell, Campsen, Cash, Climer, Courson, Cromer, Davis, Fanning, Gambrell, Goldfinch, Gregory, Grooms, Hembree, Hutto, Jackson, Johnson, Kimpson, Leatherman, Malloy, Martin, Massey, J. Matthews, McElveen, McLeod, Nicholson, Peeler, Rankin, Reese, Rice, Sabb, Scott, Senn, Setzler, Shealy, Sheheen, Talley, Timmons, Turner, Verdin, Williams and Young: A SENATE RESOLUTION TO CONGRATULATE SERGEANT DAR SHAW UPON THE OCCASION OF HIS RETIREMENT, TO COMMEND HIM FOR HIS NINETEEN AND ONE-HALF YEARS OF PUBLIC SERVICE WITH THE GREENVILLE COUNTY FORENSICS DEPARTMENT'S CRIME SCENE UNIT, AND TO WISH HIM CONTINUED SUCCESS IN ALL HIS FUTURE ENDEAVORS.
l:\s-res\tdc\014sgt .kmm.tdc.docx

The Senate Resolution was adopted.

H. 3699 (Word version) -- Reps. Putnam, Whipper, Brown, Knight, Henegan and Henderson-Myers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 63-7-765, 63-7-770, AND 63-9-80 SO AS TO ALLOW FOR THE DISCLOSURE OF PERSONAL HEALTH INFORMATION ABOUT A CHILD TO CERTAIN CAREGIVERS AS PART OF CHILD PROTECTION OR ADOPTION PROCEEDINGS; TO AMEND SECTION 63-7-390, RELATING TO MANDATED REPORTER IMMUNITY FROM LIABILITY, SO AS TO ADD IMMUNITY PROTECTIONS; TO AMEND SECTION 63-7-1990, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE OR NEGLECT RECORDS, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO RELEASE RECORDS CONTAINING PERSONAL HEALTH INFORMATION ABOUT THE CHILD TO CERTAIN CAREGIVERS; AND TO AMEND SECTION 63-7-2370, RELATING TO THE DISCLOSURE OF CERTAIN INFORMATION ABOUT A FOSTER CHILD TO A FOSTER PARENT AT THE TIME OF PLACEMENT, SO AS TO MAKE CONFORMING CHANGES.

Read the first time and referred to the General Committee.

H. 3701 (Word version) -- Reps. Whipper, Brown, Knight, Henegan and Henderson-Myers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-7-735 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO INFORM A RELATIVE WITH WHOM A CHILD MAY BE PLACED OF THE OPPORTUNITY TO BE LICENSED AS A FOSTER PARENT, INCLUDING THE LICENSURE PROCESS AND BENEFITS OF BEING LICENSED AS A FOSTER PARENT, AND TO REQUIRE THE COURT TO MAKE CERTAIN FINDINGS BEFORE SIGNING AN ORDER APPROVING PLACEMENT OF A CHILD WITH A RELATIVE WHO IS NOT A LICENSED FOSTER PARENT; TO AMEND SECTION 63-7-650, RELATING IN PART TO THE DEPARTMENT MAKING AN INTERIM PLACEMENT OF A CHILD WITH A RELATIVE INSTEAD OF TAKING CUSTODY OF A CHILD, SO AS TO REQUIRE THE DEPARTMENT TO EXPLAIN TO THE RELATIVE ABOUT THE OPPORTUNITY TO BECOME LICENSED AS A KINSHIP FOSTER PARENT IF THE CHILD IS UNABLE TO RETURN HOME; TO AMEND SECTION 63-7-2320, RELATING TO THE KINSHIP FOSTER PROGRAM, SO AS TO ALLOW THE DEPARTMENT TO WAIVE CERTAIN NONSAFETY LICENSURE REQUIREMENTS WHEN LICENSING A RELATIVE AS A FOSTER PARENT AND TO INDICATE THE PREFERENCE FOR PLACING A CHILD WITH A RELATIVE; TO AMEND SECTION 63-7-2330, RELATING TO PLACEMENT OF A CHILD WITH A RELATIVE AS PART OF A REMOVAL ACTION, SO AS TO REQUIRE THE DEPARTMENT TO INFORM THE RELATIVE OF THE OPPORTUNITY TO BE LICENSED AS A FOSTER PARENT, INCLUDING THE LICENSURE PROCESS AND BENEFITS OF BEING SO LICENSED; TO AMEND SECTION 63-7-2350, AS AMENDED, RELATING TO RESTRICTIONS ON FOSTER CARE PLACEMENTS, SO AS TO CLARIFY THE PROCESS THE DEPARTMENT MUST FOLLOW TO DETERMINE WHETHER A PERSON HAS COMMITTED A CRIME THAT MAKES THE PERSON INELIGIBLE TO BE A FOSTER PARENT; AND TO AMEND SECTION 43-1-210, AS AMENDED, RELATING TO DEPARTMENT REPORTING REQUIREMENTS, SO AS TO REQUIRE REPORTING OF KINSHIP CARE DATA.

Read the first time and referred to the General Committee.

H. 3920 (Word version) -- Reps. Felder, Funderburk, Davis, Bryant, Pope, Forrester, Sandifer, Allison, Fry, Cole, Jefferson and Forrest: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-85 SO AS TO PROVIDE THAT BEGINNING WITH THE 2018-2019 SCHOOL YEAR, ALL PUBLIC SCHOOLS, INCLUDING CHARTER SCHOOLS, SHALL POST AT LEAST FIVE SIGNS THAT PROVIDE TELEPHONE NUMBERS AND RELATED INFORMATION FOR REPORTING INCIDENTS OF CHILD ABUSE, NEGLECT, AND EXPLOITATION; AND TO PROVIDE DETAILS CONCERNING THE CONTENT, PLACEMENT, AND APPEARANCE OF THE SIGNS; AND BY AMENDING SECTION 63-7-910, RELATING TO A TOLL-FREE NUMBER FOR THE REFERRAL OF INCIDENTS OF CHILD ABUSE OR NEGLECT THAT THE DEPARTMENT OF SOCIAL SERVICES MAY MAINTAIN, SO AS TO REQUIRE THE DEPARTMENT TO MAINTAIN SUCH A SERVICE AND TO INCLUDE CHILD EXPLOITATION AMONG THE CATEGORIES OF REPORTABLE INCIDENTS FOR WHICH THE SERVICE IS INTENDED.

Read the first time and referred to the Committee on Education.

H. 4697 (Word version) -- Rep. Bamberg: A BILL TO AMEND SECTION 7-7-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BAMBERG COUNTY, SO AS TO DESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.

Read the first time and referred to the Committee on Judiciary.

REPORTS OF STANDING COMMITTEE

Senator DAVIS from the Committee on Invitations polled out S. 873 favorable:

S. 873 (Word version) -- Senator Shealy: A CONCURRENT RESOLUTION TO RECOGNIZE MARCH 19, 2018 AS "WOMEN IN PUBLIC OFFICE DAY" IN SOUTH CAROLINA.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0

AYES

Davis                     Alexander                 Reese
Campsen                   Cromer                    Malloy
Johnson                   Nicholson                 Hembree
Young                     Goldfinch

Total--11

NAYS

Total--0

Ordered for consideration tomorrow.

Senator DAVIS from the Committee on Invitations polled out S. 875 favorable:

S. 875 (Word version) -- Senator Reese: A CONCURRENT RESOLUTION TO RECOGNIZE WEDNESDAY, MARCH 14, 2018 AND THE SECOND TUESDAY IN MARCH OF EACH YEAR THEREAFTER AS "SOUTH CAROLINA BANJO DAY" IN HONOR OF TODD "BANJOMAN" TAYLOR'S MUSICAL CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0

AYES

Davis                     Alexander                 Reese
Campsen                   Cromer                    Malloy
Johnson                   Nicholson                 Hembree
Young                     Goldfinch

Total--11

NAYS

Total--0

Ordered for consideration tomorrow.

INVITATIONS ACCEPTED

On motion of Senator DAVIS, with unanimous consent, the following invitations were polled favorably from the Committee on Invitations and ordered placed on the Calendar:
Thursday, February 1, 2018 - 8:00am-10:00am
Members and Staff, Breakfast, Blatt 112, by the SC COMMISSION FOR THE BLIND

Tuesday, February 6, 2018 - 5:30pm-7:00pm
Members Only, Reception, Marriott, by the MUNICIPAL ASSOCIATION OF SOUTH CAROLINA

Tuesday, February 6, 2018 - 7:00pm-9:00pm
Members and Staff, Reception, USC Law School Auditorium, by the SC PROGRESSIVE NETWORK EDUCATION FUND

Wednesday, February 7, 2018 - 8:00am-10:00am
Members and Staff, Breakfast, 112 Blatt, by the COALITION FOR ACCESS TO HEALTHCARE

Wednesday, February 7, 2018 - 12:00pm-2:00pm
Members Only, Luncheon, 112 Blatt, by the SC ASSOCIATION FOR COMMUNITY ECONOMIC DEVELOPMENT

Wednesday, February 7, 2018 - 6:00pm-8:00pm
Members and Staff, Reception, Columbia Museum of Art, by the CITY OF COLUMBIA AND COLUMBIA MUSEUM OF ART

Thursday, February 8, 2018 - 8:00am-10:00am
Members and Staff, Breakfast, 112 Blatt, by the SC AMERICAN WATER WORKS ASSOCIATION WATER UTILITY COUNCIL

Tuesday, February 13, 2018 - 6:00pm-8:00pm
Members and Staff, Reception, Columbia Convention Center, by the ELECTRIC COOPERATIVES OF SOUTH CAROLINA

Tuesday, February 13, 2018 - 6:00pm-8:00pm
Members and Staff, Reception, River Rat Brewery, 1231 Shop Rd., by the SOUTH CAROLINA BREWERS GUILD

Wednesday, February 14, 2018 - 8:00am-10:00am
Members Only, Breakfast, 112 Blatt, by the INDEPENDENT BANKS OF SOUTH CAROLINA

Wednesday, February 14, 2018 - 12:00pm-2:00pm
Members Only, Luncheon, Palmetto Club, by the SC OPTOMETRIC PHYSICIANS ASSOCIATION

Thursday, February 15, 2018 - 8:00am-10:00am
Members and Staff, Breakfast, 112 Blatt, by the AARP SOUTH CAROLINA

Tuesday, February 20, 2018 - 6:00pm-8:00pm
Members and Staff, Reception, State Fairgrounds, Moore Bldg., by the SC DEPARTMENT OF NATURAL RESOURCES

Wednesday, February 21, 2018 - 8:00am-10:00am
Members Only, Breakfast, 112 Blatt, by the SOUTH CAROLINA ASSOCIATION OF PROBATE JUDGES

Wednesday, February 21, 2018 - 12:00pm-2:00pm
Members and Staff, Luncheon, 112 Blatt, by the UNITED WAY ASSOCIATION OF SOUTH CAROLINA

Wednesday, February 21, 2018 - 5:30pm-7:30pm
Members Only, Reception, Palmetto Club, by the SOUTH CAROLINA ASSOCIATION OF COUNTIES

Wednesday, February 21, 2018 - 5:00pm-9:00pm
Members and Staff, Reception, Columbia Convention Center, by the MYRTLE BEACH AREA CHAMBER OF COMMERCE

Thursday, February 22, 2018 - 8:00am-10:00am
Members and Staff, Breakfast, Blatt 112, by the SOUTH CAROLINA CONSERVATION COALITION

Tuesday, February 27, 2018 - 6:00pm-8:00pm
Members and Staff, Reception, The Hall at Senate's End, by the CLEMSON UNIVERSITY

Wednesday, February 28, 2018 - 8:00am-10:00am
Members and Staff, Breakfast, State House Grounds, by the SC CATHOLIC CONFERENCE AND DIOCESE OF CHARLESTON, SC

Wednesday, February 28, 2018 - 11:30am-2:00pm
Members Only, Luncheon, State House Grounds, by the SOUTH CAROLINA BAPTIST CONVENTION

Wednesday, February 28, 2018 - 5:30pm-7:30pm
Members and Staff, Reception, Columbia Museum of Art, by the RICHLAND COUNTY GOVERNMENT

Wednesday, February 28, 2018 - 5:00pm-7:00pm
Members Only, Reception, Palmetto Club, by the SC STATE ALUMNI ASSOCIATION

Thursday, March 1, 2018 - 8:00am-10:00am
Members and Staff, Breakfast, 112 Blatt, by the SC EMS ASSOCIATION

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0

AYES

Davis                     Alexander                 Reese
Campsen                   Cromer                    Malloy
Johnson                   Nicholson                 Hembree
Young                     Goldfinch

Total--11

NAYS

Total--0

Ordered for consideration tomorrow.

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

DEBATE INTERRUPTED

H. 3653 (Word version) -- Reps. Forrester, Yow, Loftis, Henegan, Spires, Anderson, Burns, V.S. Moss, Crawford, Hamilton, Felder, Norman, Anthony, Chumley, Erickson, Gagnon, Hayes, Henderson, Hosey, Jefferson, S. Rivers, Ryhal, Sandifer, Thayer, Willis, Atkinson, Alexander, West, Hixon, Murphy, Arrington, Bennett and Crosby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 31 SO AS TO PROVIDE THE OPERATIONS OR EXPANSIONS OF MANUFACTURING AND INDUSTRIAL FACILITIES MAY NOT BE CONSIDERED PUBLIC OR PRIVATE NUISANCES IN CERTAIN CIRCUMSTANCES, TO PROVIDE RELATED FINDINGS, TO EXPLICITLY PROHIBIT LOCAL GOVERNMENTS FROM ENACTING ORDINANCES TO THE CONTRARY, TO DEFINE NECESSARY TERMINOLOGY, TO PROVIDE THAT THE PROVISIONS OF THIS ACT MAY NOT BE CONSTRUED TO MODIFY STATUTORY EMINENT DOMAIN LAWS OR ENVIRONMENTAL LAWS, AND TO PROVIDE THE PROVISIONS OF THIS ACT DO NOT APPLY TO NUISANCE ACTIONS COMMENCED WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS CHAPTER.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Amendment No. 3

Senator SHEHEEN proposed the following amendment (3653VS6):

Amend the bill, as and if amended, page 2, by striking lines 14-21 and inserting:

/   Section 31-24-120.   For purposes of this chapter, 'manufacturing or industrial facility' means any facility that operates under North American Industry Classification System codes 48-49 (Transportation and Warehousing), including, but not limited to, any land, building, structure, pond, impoundment, appurtenance, machinery, or equipment used for manufacturing, processing, distribution, warehousing, and technology intensive operations.   /

Renumber sections to conform.

Amend title to conform.

Senator KIMPSON spoke on the amendment.

Senator SHEHEEN spoke on the amendment.

Senator DAVIS spoke on the amendment.

ACTING PRESIDENT PRESIDES

At 3:45 P.M., Senator SHEALY assumed the Chair.

Senator DAVIS continued speaking on the amendment.

Senator SHEHEEN spoke on the amendment.

Senator MASSEY spoke on the amendment.

Senator MASSEY asked unanimous consent to to proceed to Amendment 16.

Amendment No. 16

Senators MASSEY, SETZLER and ALEXANDER proposed the following amendment (3653R009.SP.ASM):

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/   SECTION   1.   Title 31 of the 1976 Code is amended by adding:

  "CHAPTER 24

Nuisance Suits Related to Manufacturing and Industrial Uses of Real Property

Section 31-24-110.   (A)   'Manufacturing sector' means establishments engaged in the mechanical, physical, or chemical transformation of materials, substances, or components into new products, including, but not limited to, plants, factories, or mills, and characteristically use power-driven machines and materials-handling equipment.

(B)   'Transportation and warehousing sector' means industries providing transportation of passengers and cargo, warehousing and storage for goods, scenic and sightseeing transportation, and support activities related to modes of transportation by air, rail, water, road, and pipeline.

(C)   'Manufacturing and industrial facility' means any facility that operates in a manufacturing sector or transportation and warehousing sector, including, but not limited to, any land, building, structure, pond, impoundment, appurtenance, machinery, or equipment used for manufacturing, processing, distribution, warehousing, and technology intensive operations. Facilities that are covered under Chapter 45, Title 46 of the 1976 Code are not manufacturing or industrial facilities for the purposes of this chapter.

(D)   'Reasonably expand' or 'reasonable expansion' means any change in operations or facilities that does not result in a material and substantial change in the affected landowner's use and enjoyment of property.

Section 31-24-120.   (A)   A manufacturing or industrial facility, or expansion of such a facility, may not be found to be a public or private nuisance by reason of the operation of that facility if the manufacturing or industrial facility:

(1)   is operating pursuant to and in compliance with the requisite licenses, permits, certifications, or authorizations under the applicable federal and state environmental laws and county and municipal zoning and nuisance ordinances; and

(2)   commenced operations before the landowner alleging the nuisance acquired, moved onto, or improved the affected property.

(B)   If a manufacturing or industrial facility protected pursuant to the provisions of this section seeks to expand its operations or facility and maintain its protected status, then the manufacturing or industrial facility may reasonably expand its operation or facilities without losing its protected status if it is in compliance with all county, municipal, state, and federal environmental codes, laws, or regulations at the time of expansion. This protected status of a manufacturing or industrial facility, once acquired:

(1)   is assignable, alienable, and inheritable, provided the manufacturing or industrial facility is operating for the same use as when it commenced operations as provided in (A)(2) or a reasonable expansion thereof as provided in this subsection; and

(2)   may not be waived by the temporary cessation of operation for a period not to exceed two years or by diminishing the size of the operation.

Section 31-24-130.   The provisions of this chapter may not be construed as modifying a provision of existing statutory eminent domain or environmental law nor as affecting common law claims of trespass or negligent operation.

Section 31-24-140.   The provisions of this chapter do not apply to nuisance actions commenced within one year after the effective date of this chapter."

SECTION   2.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   3.   This act takes effect upon approval by the Governor.   /

Renumber sections to conform.

Amend title to conform.

Senator MASSEY spoke on the amendment.

Debate was interrupted by adjournment.

  LOCAL APPOINTMENT
Confirmation

Having received a favorable report from the Senate, the following appointment was confirmed in open session:

Reappointment, Laurens County Magistrate, with the term to commence April 30, 2015, and to expire April 30, 2019
Glynda L. Tucker, 329 West Main Street, Gray Court, SC 29645-5604

Motion Adopted

On motion of Senator LEATHERMAN, the Senate agreed to stand adjourned.

MOTION ADOPTED

On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. David Minton of Pacolet, S.C. Mr. Minton was the owner and operator of Minton's Garage and Wrecker Service. He was a member of First Baptist Church of Pacolet and was a member of the Pacolet Lions Club. David was a loving father and devoted grandfather who will be dearly missed.

and

MOTION ADOPTED

On motion of Senator KIMPSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Richard "Dick" Howard Byrd of Hopkins, S.C. Dick was an engineer and land surveyor who worked as a Regional Engineering Manager for Georgia Pacific Corporation, Director of Public Works for Dorchester County and Chief Engineer for the South Carolina Department of Natural Resources. He enjoyed spending time outdoors boating and hunting. Dick was a loving husband, devoted father and doting grandfather who will be dearly missed.

ADJOURNMENT

At 4:56 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 12:00 Noon.

This web page was last updated on Tuesday, January 30, 2018 at 5:47 P.M.