South Carolina General Assembly
123rd Session, 2019-2020
Journal of the House of Representatives

NO. 17

JOURNAL

of the

HOUSE OF REPRESENTATIVES

of the

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 8, 2019
________

TUESDAY, FEBRUARY 11, 2020
(STATEWIDE SESSION)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Psalm 121:1-2: "I lift up my eyes to the hills from where will my help come?"

Let us pray. Our loving Father, we travel the road of life. Thank You for watching over us and keeping us safe. As these women and men gather for another week of service to our State, provide them with knowledge that will guide them through the days and weeks to come. Grant them Your blessings. Bless our defenders of freedom and first responders as they protect and care for us. Look in favor on our Nation, President, State, Governor, Speaker, staff, and all who give of their time and effort to this Assembly. Heal the wounds, those seen and those hidden, of our brave warriors who suffer and sacrifice for our freedom. Lord, in Your mercy, hear our prayers. Amen.

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

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

MOTION ADOPTED

Rep. FINLAY moved that when the House adjourns, it adjourn in memory of Joseph "Joe" Edens, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for Faye Swetlik.

SILENT PRAYER

The House stood in silent prayer for the family and friends of Mia Stokes, Grace Revels, and others injured in the car accident in Spartanburg County.

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 4935
Agency: Commission on Higher Education
Statutory Authority: 1976 Code Section 59-58-40
Licensing Criteria
Received by Speaker of the House of Representatives January 14,   2020
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration May 13, 2020
Revised: May 14, 2020

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 4941
Agency: Department of Labor, Licensing and Regulation - Building   Codes Council
Statutory Authority: 1976 Code Sections 6-9-40, 6-9-50, and 6-9-55
International Residential Code
Received by Speaker of the House of Representatives January 14,   2020
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration May 13, 2020

REPORTS OF STANDING COMMITTEE

Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:

H. 4940 (Word version) -- Reps. Sandifer, Forrester, Ott, West and Toole: A JOINT RESOLUTION TO ESTABLISH THE ELECTRICITY MARKET REFORM MEASURES STUDY COMMITTEE, TO PROVIDE FOR THE MEMBERSHIP ON THE STUDY COMMITTEE, TO PROVIDE THAT THE COMMITTEE SHALL STUDY WHETHER THE LEGISLATURE SHOULD ADOPT MARKET REFORM MEASURES AFFECTING THE PROVISION OF ELECTRIC SERVICE IN SOUTH CAROLINA AND STUDY THE PUBLIC BENEFITS ASSOCIATED WITH SUCH MEASURES, TO REQUIRE THE STUDY COMMITTEE TO ISSUE A REPORT WITH FINDINGS AND RECOMMENDATIONS TO APPROPRIATE FUNDS TO ENGAGE A THIRD-PARTY, INDEPENDENT, EXPERT CONSULTANT, OR CONSULTANTS, TO ADVISE THE STUDY COMMITTEE, AND TO PROVIDE FOR THE DISSOLUTION OF THE STUDY COMMITTEE.
Ordered for consideration tomorrow.

Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

H. 4702 (Word version) -- Reps. Huggins, Martin, Wooten, Caskey and Calhoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-11-440 SO AS TO PROVIDE THE RICHLAND-LEXINGTON AIRPORT COMMISSION MAY MAKE APPLICATION FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING FOREIGN-TRADE ZONES IN CERTAIN COUNTIES, SELECT AND DESCRIBE THE LOCATION OF THE ZONES FOR WHICH APPLICATION MAY BE MADE, PROMULGATE CERTAIN REGULATIONS, OWN, ERECT, MAINTAIN, AND OPERATE BUILDINGS IN A FOREIGN-TRADE ZONE, AND DO ALL THINGS NECESSARY AND PROPER TO ACHIEVE COMPLIANCE WITH THE FOREIGN-TRADE ZONES ACT.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 5117 (Word version) -- Reps. Finlay, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Haddon, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jones, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, Matthews, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Oremus, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF JOSEPH ALLEN "JOE" EDENS OF COLUMBIA AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5118 (Word version) -- Reps. Finlay, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Haddon, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jones, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, Matthews, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Oremus, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF EDWIN RUDOLPH "RUDY" JONES, JR., AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LARGE AND LOVING FAMILY AND HIS MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5119 (Word version) -- Reps. Gilliard, Jefferson and R. Williams: A HOUSE RESOLUTION TO HONOR PHILLIP DUSTAN, PH.D., ON HIS EXEMPLARY CAREER, FILLED WITH NUMEROUS ACCOMPLISHMENTS AND TO WISH HIM MUCH CONTINUED SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5120 (Word version) -- Reps. Elliott, Allison, Bannister, Burns, Chumley, B. Cox, W. Cox, Dillard, Haddon, Morgan, Robinson, G. R. Smith, Stringer, Trantham and Willis: A HOUSE RESOLUTION TO RECOGNIZE WELLSPENT OF SOUTH CAROLINA AND TO HONOR THE MEMBER ORGANIZATIONS FOR BRINGING TOGETHER BUSINESS AND HEALTHCARE LEADERS TO DISCUSS AND DEVELOP STATEWIDE INITIATIVES.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5126 (Word version) -- Reps. Forrest, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Haddon, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jones, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, Matthews, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Oremus, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO EXPRESS PROFOUND SORROW UPON THE PASSING OF DRAYTON WADE BLACK, TO CELEBRATE HIS LIFE, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5127 (Word version) -- Reps. Thigpen and Taylor: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE DR. WALTER B. CURRY, JR., FOR HIS SIGNIFICANT CONTRIBUTIONS TO AFRICAN AMERICAN HISTORY AND HERITAGE IN SOUTH CAROLINA AND TO CONGRATULATE HIM ON RECEIVING THE 2019 INTERNATIONAL AFRICAN AMERICAN HISTORICAL AND GENEALOGICAL SOCIETY BOOK AWARD.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5121 (Word version) -- Reps. Govan, Ott, Hosey and Cobb-Hunter: A CONCURRENT RESOLUTION TO COMMEND MOUNT PISGAH BAPTIST CHURCH OF ORANGEBURG FOR MORE THAN A CENTURY AND A HALF OF SERVICE TO THE COMMUNITY AND TO EXTEND WARMEST CONGRATULATIONS ON THE OCCASION OF THE CHURCH'S HISTORIC ONE HUNDRED SIXTY-SIXTH ANNIVERSARY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5122 (Word version) -- Reps. R. Williams and Jefferson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOCIETY HILL ROAD IN DARLINGTON COUNTY FROM ITS INTERSECTION WITH GREENFIELD ROAD TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 34 "COLONEL CHRISTOPHER N. WILLIAMSON ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THESE WORDS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

H. 5123 (Word version) -- Reps. West, Ridgeway, Taylor and Wooten: A BILL TO AMEND SECTION 44-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS APPLICABLE TO BOTH MENTALLY ILL PERSONS AND PERSONS WITH INTELLECTUAL DISABILITY, SO AS TO ADD A DEFINITION FOR "RESTORATION TREATMENT"; AND TO AMEND SECTION 44-23-430, RELATING TO HEARINGS ON A PERSON'S FITNESS TO STAND TRIAL, SO AS TO EXTEND THE LENGTH OF TIME CERTAIN PERSONS UNFIT TO STAND TRIAL MAY BE HOSPITALIZED FOR RESTORATION TO ONE HUNDRED EIGHTY DAYS, TO ALLOW THE DEPARTMENT OF MENTAL HEALTH TO PROVIDE RESTORATION TREATMENT IN DETENTION CENTERS AND ON AN OUTPATIENT BASIS IN CERTAIN CIRCUMSTANCES, AND FOR OTHER PURPOSES.
Referred to Committee on Judiciary

H. 5124 (Word version) -- Reps. Long and Allison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-80-65 SO AS TO PROVIDE PROCEDURES THROUGH WHICH A FIRE DEPARTMENT THAT ASSUMES THE COST OF TRAINING A FIREFIGHTER MAY BE REIMBURSED FOR THESE COSTS BY OTHER FIRE DEPARTMENTS THAT SUBSEQUENTLY HIRE THE FIREFIGHTER WITHIN A CERTAIN PERIOD OF TIME.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 5125 (Word version) -- Reps. Cogswell, Sottile, Clary, McCoy, Hyde, Davis, B. Newton, W. Newton, Moore, Stavrinakis, Brown, Willis, Ott, Anderson, Elliott and Wheeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 61 TO TITLE 48 SO AS TO ENACT THE "SOUTH CAROLINA THIRTY-BY-THIRTY CONSERVATION ACT", TO ESTABLISH THE GOAL OF PROTECTING THIRTY PERCENT OF THE STATE BY 2030, TO DEFINE NECESSARY TERMS, TO ESTABLISH THE THIRTY-BY-THIRTY INTERAGENCY TASKFORCE AND TO PROVIDE FOR THE MEMBERSHIP OF THE TASKFORCE, TO REQUIRE THE DEVELOPMENT AND IMPLEMENTATION OF PLANS TO PROTECT THE LAND AND WATERS OF THIS STATE AND TO REQUIRE THE SUBMISSION OF A PROPOSED PLAN WITHIN A CERTAIN TIME PERIOD.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

ROLL CALL

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

Alexander                Allison                  Anderson
Atkinson                 Bailey                   Bales
Ballentine               Bamberg                  Bannister
Bennett                  Bernstein                Blackwell
Bradley                  Brawley                  Brown
Bryant                   Burns                    Calhoon
Caskey                   Chellis                  Chumley
Clary                    Clemmons                 Clyburn
Cobb-Hunter              Cogswell                 Collins
B. Cox                   W. Cox                   Daning
Davis                    Dillard                  Elliott
Erickson                 Felder                   Finlay
Forrest                  Forrester                Fry
Gagnon                   Garvin                   Gilliam
Govan                    Haddon                   Hardee
Hart                     Hayes                    Henderson-Myers
Henegan                  Herbkersman              Hewitt
Hill                     Hiott                    Hixon
Hosey                    Howard                   Huggins
Hyde                     Jefferson                Johnson
Jones                    Jordan                   Kimmons
King                     Kirby                    Ligon
Long                     Lowe                     Lucas
Mace                     Magnuson                 Martin
Matthews                 McCoy                    McCravy
McDaniel                 McGinnis                 McKnight
Moore                    Morgan                   D. C. Moss
V. S. Moss               Murphy                   B. Newton
W. Newton                Norrell                  Oremus
Ott                      Pendarvis                Pope
Ridgeway                 Rivers                   Robinson
Rose                     Rutherford               Sandifer
Simrill                  G. M. Smith              G. R. Smith
Sottile                  Spires                   Stavrinakis
Stringer                 Tallon                   Taylor
Thayer                   Thigpen                  Toole
Trantham                 Weeks                    West
Wheeler                  White                    Whitmire
R. Williams              S. Williams              Willis
Wooten                   Yow                      

Total Present--119

LEAVE OF ABSENCE

The SPEAKER granted Rep. GILLIARD a leave of absence for the day due to a death in the family.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. Rebecca Starr Smith of Simpsonville was the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:

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

CO-SPONSORS ADDED

Bill Number:   H. 3054 (Word version)
Date:   ADD:
02/11/20   DILLARD and ROBINSON

CO-SPONSORS ADDED

Bill Number:   H. 3066 (Word version)
Date:   ADD:
02/11/20   COBB-HUNTER, MCDANIEL and RIVERS

CO-SPONSOR ADDED

Bill Number:   H. 3130 (Word version)
Date:   ADD:
02/11/20   CASKEY

CO-SPONSORS ADDED

Bill Number:   H. 3290 (Word version)
Date:   ADD:
02/11/20   DILLARD and ROBINSON

CO-SPONSORS ADDED

Bill Number:   H. 3382 (Word version)
Date:   ADD:
02/11/20   HENEGAN, R. WILLIAMS and JEFFERSON

CO-SPONSORS ADDED

Bill Number:   H. 4258 (Word version)
Date:   ADD:
02/11/20   DILLARD and ROBINSON

CO-SPONSOR ADDED

Bill Number:   H. 4336 (Word version)
Date:   ADD:
02/11/20   ROBINSON

CO-SPONSOR ADDED

Bill Number:   H. 4352 (Word version)
Date:   ADD:
02/11/20   OREMUS

CO-SPONSORS ADDED

Bill Number:   H. 4675 (Word version)
Date:   ADD:
02/11/20   BANNISTER, B. COX, WILLIS and TRANTHAM

CO-SPONSORS ADDED

Bill Number:   H. 4702 (Word version)
Date:   ADD:
02/11/20   CALHOON and CASKEY

CO-SPONSOR ADDED

Bill Number:   H. 4732 (Word version)
Date:   ADD:
02/11/20   DILLARD

CO-SPONSOR ADDED

Bill Number:   H. 4761 (Word version)
Date:   ADD:
02/11/20   CLARY

CO-SPONSORS ADDED

Bill Number:   H. 4765 (Word version)
Date:   ADD:
02/11/20   HENEGAN and MCDANIEL

CO-SPONSOR ADDED

Bill Number:   H. 4810 (Word version)
Date:   ADD:
02/11/20   DILLARD

CO-SPONSOR ADDED

Bill Number:   H. 4835 (Word version)
Date:   ADD:
02/11/20   WOOTEN

CO-SPONSOR ADDED

Bill Number:   H. 4974 (Word version)
Date:   ADD:
02/11/20   HART

CO-SPONSOR ADDED

Bill Number:   H. 4990 (Word version)
Date:   ADD:
02/11/20   CLEMMONS

CO-SPONSOR ADDED

Bill Number:   H. 5015 (Word version)
Date:   ADD:
02/11/20   FORREST

CO-SPONSOR ADDED

Bill Number:   H. 5062 (Word version)
Date:   ADD:
02/11/20   FORREST

H. 4974--DEBATE ADJOURNED

The following Bill was taken up:

H. 4974 (Word version) -- Reps. Lucas, Simrill, Rutherford, Pope, McCoy, G. M. Smith, Bannister and Hart: A BILL TO AMEND SECTION 14-5-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF THE STATE INTO SIXTEEN JUDICIAL CIRCUITS AND ADDITIONAL AT-LARGE JUDGES, SO AS TO INCREASE THE NUMBER OF AT-LARGE CIRCUIT COURT JUDGES FROM SIXTEEN TO SEVENTEEN; AND TO AMEND SECTION 63-3-40, RELATING TO FAMILY COURT JUDGES ELECTED FROM EACH JUDICIAL CIRCUIT AND ADDITIONAL AT-LARGE JUDGES, SO AS TO INCREASE THE NUMBER OF AT-LARGE FAMILY COURT JUDGES FROM EIGHT TO TEN.

Rep. SIMRILL moved to adjourn debate on the Bill until Wednesday, February 12, which was agreed to.

H. 3066--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3066 (Word version) -- Reps. King, S. Williams, Brawley, Henegan, Jones, Cobb-Hunter, Rivers and McDaniel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-1-43 SO AS TO PROVIDE FOR THE DESTRUCTION OF ARREST RECORDS OF PERSONS ARRESTED AS A RESULT OF MISTAKEN IDENTITY NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER AN INVESTIGATION BY A LAW ENFORCEMENT OR PROSECUTION AGENCY REVEALS THAT THE PERSON WAS ARRESTED AS A RESULT OF MISTAKEN IDENTITY AND TO PROVIDE THAT THE LAW ENFORCEMENT OR PROSECUTION AGENCY MAY NOT CHARGE OR COLLECT A FEE FOR THE DESTRUCTION OF ARREST RECORDS UNDER THESE CIRCUMSTANCES.

The Committee on Judiciary proposed the following Amendment No. 1 to H. 3066 (Word version) (COUNCIL\AHB\3066C001.BH.AHB20), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Chapter 1, Title 17 of the 1976 Code is amended by adding:

"Section 17-1-43.   Notwithstanding the provisions of Section 17-1-40, not later than one hundred eighty days after an investigation by a law enforcement or prosecution agency reveals that a person was arrested as a result of mistaken identity and no charges have been filed against the person nor will be filed due to the mistaken identity, the law enforcement or prosecution agency with appropriate jurisdiction shall destroy the arrest records of that person made as a result of mistaken identity. The law enforcement or prosecution agency, as appropriate, shall establish a review process for verifying that a person's arrest records relating to mistaken identity in which no charges were filed have been destroyed as provided in this section. Neither the law enforcement or prosecution agency may charge or collect a fee for the destruction of arrest records pursuant to the provisions of this section."
SECTION   2.   Chapter 1, Title 17 of the 1976 Code is amended by adding:

"Section 17-1-70.   (A)   A person charged with an offense listed in subsection (B) may petition the solicitor in the county in which the alleged offense occurred for dismissal of the alleged offense that has not been adjudicated by trial or guilty plea, or otherwise disposed of or dismissed, after five years from the date he was charged with the offense. If the petitioner has no other pending charges unrelated to the subject charge and no criminal convictions subsequent to the alleged offense, the solicitor must approve the dismissal of the offense charged and must do so within thirty days of receipt of the petition for dismissal.

(B)   The following offenses are eligible for dismissal pursuant to the provisions of subsection (A):

(1)   simple assault or assault and battery in the third degree pursuant to Section 16-3-600(E);

(2)   public intoxication or disorderly conduct pursuant to Section 16-17-530;

(3)   breach of trust with fraudulent intent pursuant to Section 16-13-230(1);

(4)   open container in a motor vehicle pursuant to Section 61-4-110;

(5)   trespassing pursuant to Section 16-11-600;

(6)   misdemeanor drawing or uttering a fraudulent check pursuant to Sections 34-11-60 and 34-11-90;

(7)   misdemeanor shoplifting pursuant to Section 16-13-110(B)(1);

(8)   driving under suspension pursuant to Section 56-1-460(A)(1);

(9)   simple possession of a controlled substance pursuant to Article 3, Chapter 53, Title 44; or

(10)   a similar local or state offense for which, in the discretion of the solicitor, the elements are substantially similar as for any of the above listed offenses.

(C)   Upon dismissal of the offense pursuant to the requirements of this section, the solicitor in the county in which the alleged offense occurred shall notify the State Law Enforcement Division (SLED) and SLED shall remove the pending charge from the petitioner's criminal record within ten days of notification of dismissal. Additionally, any arrest and booking records, associated bench warrants, mug shots, and fingerprints of the person must be destroyed and no evidence of the record pertaining to the charge or associated bench warrants may be retained by any municipal, county, or state agency. A municipal, county, or state agency, or an employee of a municipal, county, or state agency that intentionally violates this subsection is guilty of contempt of court."
SECTION   3.   This act takes effect upon approval of the Governor and applies retroactively to offenses charged before the effective date of this act. /
Renumber sections to conform.
Amend title to conform.

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

Rep. MURPHY proposed the following Amendment No. 2 to H. 3066 (Word version) (COUNCIL\AHB\3066C002.BH.AHB20), which was adopted:
Amend the bill, as and if amended, Page [3066-1], by deleting SECTION 1 and inserting:
/SECTION   1.   Chapter 1, Title 17 of the 1976 Code is amended by adding:

"Section 17-1-43.   (A)   Notwithstanding the provisions of Section 17-1-40, not later than one hundred eighty days after an investigation by a law enforcement or prosecution agency reveals that a person was arrested as a result of mistaken identity and no charges have been filed against the person nor will be filed due to the mistaken identity, the law enforcement or prosecution agency with appropriate jurisdiction shall destroy the arrest records of that person made as a result of mistaken identity. The law enforcement or prosecution agency, as appropriate, shall establish a review process for verifying that a person's arrest records relating to mistaken identity in which no charges were filed have been destroyed as provided in this section. Neither the law enforcement or prosecution agency may charge or collect a fee for the destruction of arrest records pursuant to the provisions of this section.

(B)   Law enforcement and prosecution agencies shall retain the arrest and booking record, associated bench warrants, mug shots, and fingerprints of the person under seal for three years and one hundred twenty days. A law enforcement or prosecution agency may retain the information indefinitely for purposes of ongoing or future investigations and prosecution of the offense, administrative hearings, and to defend the agency and the agency's employees during litigation proceedings. The information must remain under seal. The information is not a public document and is exempt from disclosure, except by court order." /
Renumber sections to conform.
Amend title to conform.

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

The question recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 96; Nays 5

Those who voted in the affirmative are:

Allison                  Anderson                 Atkinson
Bailey                   Bales                    Ballentine
Bamberg                  Bannister                Bennett
Bernstein                Blackwell                Bradley
Brawley                  Brown                    Burns
Calhoon                  Caskey                   Chellis
Chumley                  Clary                    Clemmons
Clyburn                  Cobb-Hunter              Cogswell
Collins                  B. Cox                   W. Cox
Daning                   Dillard                  Elliott
Felder                   Finlay                   Forrest
Forrester                Fry                      Gagnon
Garvin                   Gilliam                  Haddon
Hardee                   Hart                     Henderson-Myers
Henegan                  Herbkersman              Hewitt
Hill                     Hiott                    Hixon
Hosey                    Hyde                     Johnson
Jones                    Jordan                   Kimmons
King                     Kirby                    Ligon
Long                     Lucas                    Mace
Magnuson                 Martin                   Matthews
McDaniel                 Morgan                   V. S. Moss
Murphy                   B. Newton                W. Newton
Norrell                  Oremus                   Ott
Pendarvis                Pope                     Ridgeway
Rivers                   Robinson                 Rose
Rutherford               Sandifer                 Simrill
Sottile                  Spires                   Stringer
Tallon                   Taylor                   Thayer
Toole                    Weeks                    West
Wheeler                  White                    Whitmire
R. Williams              S. Williams              Wooten

Total--96

Those who voted in the negative are:

Bryant                   McCravy                  McGinnis
D. C. Moss               Yow                      

Total--5

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

STATEMENT FOR JOURNAL

I was temporarily out of the Chamber on constituent business during the vote on H. 3066 (Word version). If I had been present, I would have voted in favor of the Bill.

Rep. Sylleste Davis

H. 5015--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 5015 (Word version) -- Reps. Hixon and Forrest: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-425 SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO OBTAIN AND UTILIZE SCHEDULE III NONNARCOTIC AND SCHEDULE IV CONTROLLED SUBSTANCES FOR THE CAPTURE AND IMMOBILIZATION OF WILDLIFE; AND TO AMEND SECTION 47-3-420, RELATING TO METHODS OF EUTHANASIA, SO AS TO REMOVE REFERENCES TO THE DEPARTMENT.

The Committee on Agriculture, Natural Resources and Environmental Affairs proposed the following Amendment No. 1 to H. 5015 (Word version) (COUNCIL\CZ\5015C001.NBD.CZ20), which was adopted:
Amend the bill, as and if amended, by striking SECTIONS 1 and 2 and inserting:
/   SECTION   1.   Section 47-3-420(A)(1)(i) of the 1976 Code is amended to read:

"(i)   an animal shelter, governmental animal control agency, or the Department of Natural Resources (department) may obtain sodium pentobarbital or a derivative, a Schedule IV drug, or tranquilizing agent by direct licensing. The animal shelter, governmental animal control agency, or department must apply for a Controlled Substance Registration Certificate from the federal Drug Enforcement Administration (DEA) and a State Controlled Substances Registration from the Department of Health and Environmental Control (DHEC). If an animal shelter, governmental animal control agency, or the department is issued a certificate by the DEA and a registration by DHEC pursuant to this subitem, the animal shelter, governmental animal control agency director or his designee, and the department's applicant are responsible for maintaining their respective records regarding the inventory, storage, and administration of controlled substances. An animal shelter, governmental animal control agency and its certified euthanasia technician, and the department and its certified employees are subject to inspection and audit by DHEC and the DEA regarding the recordkeeping, inventory, storage, and administration of controlled substances used under authority of this article;     /
Renumber sections to conform.
Amend title to conform.

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

The question recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 105; Nays 0

Those who voted in the affirmative are:

Allison                  Anderson                 Atkinson
Bailey                   Bales                    Ballentine
Bamberg                  Bannister                Bennett
Bernstein                Blackwell                Bradley
Brawley                  Brown                    Bryant
Burns                    Calhoon                  Caskey
Chellis                  Chumley                  Clary
Clemmons                 Clyburn                  Cobb-Hunter
Cogswell                 Collins                  B. Cox
W. Cox                   Dillard                  Elliott
Erickson                 Felder                   Finlay
Forrest                  Forrester                Fry
Gagnon                   Garvin                   Gilliam
Govan                    Haddon                   Hardee
Hart                     Henderson-Myers          Henegan
Hewitt                   Hill                     Hiott
Hixon                    Hosey                    Huggins
Hyde                     Jefferson                Johnson
Jones                    Kimmons                  King
Kirby                    Ligon                    Long
Lowe                     Lucas                    Mace
Magnuson                 Martin                   Matthews
McCravy                  McGinnis                 McKnight
Morgan                   D. C. Moss               V. S. Moss
Murphy                   B. Newton                W. Newton
Norrell                  Oremus                   Ott
Pendarvis                Pope                     Ridgeway
Rivers                   Robinson                 Rose
Sandifer                 Simrill                  G. M. Smith
G. R. Smith              Sottile                  Spires
Stavrinakis              Stringer                 Tallon
Taylor                   Thayer                   Toole
Trantham                 Weeks                    West
Wheeler                  Whitmire                 R. Williams
S. Williams              Wooten                   Yow

Total--105

Those who voted in the negative are:

Total--0

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

STATEMENT FOR JOURNAL

I was temporarily out of the Chamber on constituent business during the vote on H. 5015 (Word version). If I had been present, I would have voted in favor of the Bill.

Rep. Sylleste Davis

H. 5062--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 5062 (Word version) -- Reps. Ott and Forrest: A BILL TO AMEND SECTION 50-9-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO OFFER A LICENSE, PERMIT, OR TAG MADE OF A DURABLE MATERIAL AND TO ESTABLISH A FEE.

The Committee on Agriculture, Natural Resources and Environmental Affairs proposed the following Amendment No. 1 to H. 5062 (Word version) (COUNCIL\CZ\5062C001.NBD.CZ20), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/     SECTION   1.   Section 50-9-40 of the 1976 Code is amended by adding an appropriately lettered subsection to read:

"( )   The department may offer to fulfill any privilege for applicants on a card made of durable materials such as plastic or a similar product. The fee is six dollars of which the issuing vendor may retain one dollar."/
Renumber sections to conform.
Amend title to conform.

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

The question recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 112; Nays 1

Those who voted in the affirmative are:

Allison                  Anderson                 Atkinson
Bailey                   Bales                    Ballentine
Bamberg                  Bannister                Bennett
Bernstein                Blackwell                Bradley
Brawley                  Brown                    Bryant
Burns                    Calhoon                  Caskey
Chellis                  Chumley                  Clary
Clemmons                 Clyburn                  Cobb-Hunter
Cogswell                 Collins                  B. Cox
W. Cox                   Daning                   Dillard
Elliott                  Erickson                 Felder
Finlay                   Forrest                  Forrester
Fry                      Gagnon                   Garvin
Gilliam                  Govan                    Haddon
Hardee                   Hart                     Hayes
Henderson-Myers          Henegan                  Herbkersman
Hewitt                   Hill                     Hiott
Hixon                    Hosey                    Huggins
Hyde                     Jefferson                Johnson
Jones                    Jordan                   Kimmons
King                     Kirby                    Ligon
Long                     Lowe                     Lucas
Mace                     Magnuson                 Martin
Matthews                 McCravy                  McDaniel
McGinnis                 McKnight                 Morgan
D. C. Moss               V. S. Moss               Murphy
B. Newton                W. Newton                Norrell
Oremus                   Ott                      Pendarvis
Pope                     Ridgeway                 Rivers
Robinson                 Rose                     Rutherford
Sandifer                 Simrill                  G. M. Smith
G. R. Smith              Sottile                  Spires
Stavrinakis              Stringer                 Tallon
Taylor                   Thayer                   Trantham
Weeks                    West                     Wheeler
White                    Whitmire                 R. Williams
S. Williams              Willis                   Wooten
Yow                                               

Total--112

Those who voted in the negative are:

Toole                                             

Total--1

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

STATEMENT FOR JOURNAL

I was temporarily out of the Chamber on constituent business during the vote on H. 5062 (Word version). If I had been present, I would have voted in favor of the Bill.

Rep. Sylleste Davis

SPEAKER PRO TEMPORE IN CHAIR

S. 601--REQUESTS FOR DEBATE WITHDRAWN , AMENDED, AND ORDERED TO THIRD READING

Upon the withdrawal of requests for debate by Reps. ANDERSON, V. S. MOSS and GARVIN, the following Bill was taken up:

S. 601 (Word version) -- Senators Shealy and Hutto: A BILL TO AMEND SECTION 63-7-2350 OF THE 1976 CODE, RELATING TO RESTRICTIONS ON FOSTER CARE OR ADOPTION PLACEMENTS, TO ADD BACKGROUND CHECK REQUIREMENTS FOR EACH EMPLOYEE OF A RESIDENTIAL FACILITY WHERE CHILDREN IN FOSTER CARE MAY BE PLACED.

Rep. MATTHEWS proposed the following Amendment No. 1 to S. 601 (Word version) (COUNCIL\CZ\601C001.DF.CZ20), which was adopted:
Amend the bill, as and if amended, by striking Section 63-7-2350(C) and inserting:
/   (C)   At a minimum, the department shall require that all persons referenced in subsection (A) undergo a state fingerprint review to be conducted by the State Law Enforcement Division and a fingerprint review to be conducted by the Federal Bureau of Investigation. The department also shall check the State Central Registry of Child Abuse and Neglect, department records, the equivalent registry system for each state in which the person has resided for five years preceding an application for licensure as a foster parent, the national sex offender registry National Sex Offender Registry, and the state sex offender registry for applicants and all persons twelve eight years of age and older residing in the home of an applicant.     /
Renumber sections to conform.
Amend title to conform.

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

Rep. BERNSTEIN explained the Bill.

The question recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 105; Nays 0

Those who voted in the affirmative are:

Allison                  Anderson                 Atkinson
Bailey                   Bales                    Ballentine
Bamberg                  Bannister                Bennett
Bernstein                Blackwell                Bradley
Brawley                  Brown                    Bryant
Burns                    Calhoon                  Caskey
Chellis                  Chumley                  Clary
Clyburn                  Cobb-Hunter              Cogswell
Collins                  B. Cox                   W. Cox
Daning                   Dillard                  Elliott
Erickson                 Felder                   Finlay
Forrest                  Forrester                Fry
Gagnon                   Garvin                   Gilliam
Govan                    Haddon                   Hardee
Hart                     Hayes                    Henderson-Myers
Henegan                  Hewitt                   Hill
Hiott                    Hixon                    Hosey
Huggins                  Hyde                     Jefferson
Johnson                  Jones                    Jordan
Kimmons                  King                     Kirby
Ligon                    Long                     Lowe
Lucas                    Mace                     Magnuson
Martin                   Matthews                 McCravy
McDaniel                 Morgan                   D. C. Moss
V. S. Moss               B. Newton                W. Newton
Norrell                  Oremus                   Ott
Pope                     Ridgeway                 Rivers
Robinson                 Rose                     Sandifer
Simrill                  G. M. Smith              G. R. Smith
Sottile                  Spires                   Stringer
Tallon                   Taylor                   Thayer
Toole                    Trantham                 Weeks
West                     Wheeler                  White
Whitmire                 R. Williams              S. Williams
Willis                   Wooten                   Yow

Total--105

Those who voted in the negative are:

Total--0

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

STATEMENT FOR JOURNAL

I was temporarily out of the Chamber on constituent business during the vote on S. 601 (Word version). If I had been present, I would have voted in favor of the Bill.

Rep. Sylleste Davis

RECURRENCE TO THE MORNING HOUR

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

SPEAKER ADDRESSES HOUSE

Pursuant to House Rule 1.6, the SPEAKER addresses the body concerning a matter of importance to the House.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5105 (Word version) -- Reps. Huggins, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Haddon, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, Johnson, Jones, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, Matthews, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Oremus, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten and Yow: A CONCURRENT RESOLUTION TO CONGRATULATE WILLIAM HENRY WILLIAMS, JR., OF COLUMBIA ON THE OCCASION OF HIS SEVENTY-FIFTH BIRTHDAY AND TO WISH HIM A JOYOUS BIRTHDAY CELEBRATION AND MUCH HAPPINESS IN THE DAYS AHEAD.

H. 5106 (Word version) -- Reps. Howard, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Haddon, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Huggins, Hyde, Jefferson, Johnson, Jones, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, Matthews, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Oremus, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten and Yow: A CONCURRENT RESOLUTION TO CONGRATULATE ESTHER RUTH BUTLER SIMS OF RICHLAND COUNTY ON THE OCCASION OF HER NINETIETH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MANY YEARS OF CONTINUED HEALTH AND HAPPINESS.

ADJOURNMENT

At 1:03 p.m. the House, in accordance with the motion of Rep. FINLAY, adjourned in memory of Joseph "Joe" Edens, to meet at 10:00 a.m. tomorrow.

***

This web page was last updated on Tuesday, February 11, 2020 at 4:19 P.M.