The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 31:19: "O how abundant is your goodness..."
Let us pray. Gracious God, we thank You for the guidance and direction You have provided these Representatives and staff as they worked for the people this week. You have blessed us in so many ways with Your presence and goodness. Grant these Representatives safe travel home. Bless our Nation, President, State, Governor, Speaker, staff, and all who serve in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Heal the wounds, those seen and those hidden, of those 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 yesterday, the SPEAKER ordered it confirmed.
Rep. ROBINSON-SIMPSON moved that when the House adjourns, it adjourn in memory of Otis Clement, which was agreed to.
On motion of Rep. SOTTILE, with unanimous consent, the following was taken up for immediate consideration and accepted:
Thursday, April 14, 2016
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the BMW, GE, Boeing, and SCMA, the Members of the House of Representatives and their staff are invited to a Legislative Reception. This event will be held on Tuesday, April 19, 2016, from 6:00 p.m. until 8:00 p.m., at South Carolina State Museum, 301 Gervais Street.
Sincerely,
Mark Elam
Legislative Liaison, Boeing
The following was received and referred to the appropriate committee for consideration:
Document No. 4645
Agency: Department of Employment and Workforce
Statutory Authority: 1976 Code Sections 41-29-110 and 41-31-45(C)
Unemployment Trust Fund Solvency
Received by Speaker of the House of Representatives April 14, 2016
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration March 21, 2017
The House stood in silent prayer to honor those fallen to cancer and those currently fighting cancer.
The House stood in silent prayer for Debbie Whittle and her family for the death of her husband, Larry Whittle.
Rep. ALLISON, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 5140 (Word version) -- Reps. Pope, Felder and King: A BILL TO AMEND SECTION 59-1-425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPENING DATE FOR THE PUBLIC SCHOOL YEAR, SO AS TO PROVIDE THE OPENING DATE FOR STUDENTS MUST NOT BE BEFORE AUGUST
FIFTEENTH BEGINNING WITH THE 2017-2018 SCHOOL YEAR; TO AMEND SECTION 59-18-325, AS AMENDED, RELATING TO CERTAIN ASSESSMENTS OF VARIOUS PUBLIC SCHOOL STUDENTS BASED ON GRADE LEVEL, SO AS TO REVISE THE MANNER OF PROCUREMENT AND ADMINISTRATION OF THESE ASSESSMENTS, AMONG OTHER THINGS; AND TO AMEND SECTION 59-25-410, RELATING TO THE DATE BY WHICH PUBLIC SCHOOL TEACHERS MUST BE NOTIFIED OF THEIR TENTATIVE ASSIGNMENTS FOR THE UPCOMING SCHOOL YEAR, SO AS TO CHANGE THIS DATE FROM AUGUST FIFTEENTH TO AUGUST EIGHTH.
Ordered for consideration tomorrow.
Rep. ALLISON, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 4774 (Word version) -- Reps. Govan, Parks, King, Erickson, Cobb-Hunter, Clyburn, J. E. Smith, H. A. Crawford, Yow, M. S. McLeod, Ott, Henegan, Kirby, R. L. Brown, Gilliard, Loftis, Burns, Hosey, Williams, Howard, Neal, Douglas, Mack, Tinkler, Newton, Bamberg, Jefferson, Putnam, Hamilton, G. A. Brown, Clemmons, Dillard, Duckworth, Hicks, Hodges, W. J. McLeod, G. R. Smith, Nanney, Bales, Lowe, Norrell, Bowers, Sandifer, McEachern, Weeks, Gambrell, Rivers, Bernstein, McCoy and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-152-15 SO AS TO PROVIDE THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS IS REAUTHORIZED UNTIL JULY 1, 2021, AND WILL AUTOMATICALLY BE REAUTHORIZED FOR FIVE-YEAR PERIODS AT FIVE-YEAR INTERVALS THEREAFTER.
Ordered for consideration tomorrow.
Rep. ALLISON, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 4795 (Word version) -- Rep. Norrell: A BILL TO AMEND SECTION 59-104-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO PROVIDE STUDENTS ELIGIBLE FOR THE AWARD MAY ELECT TO DEFER ENROLLMENT IN AN ELIGIBLE FOUR-YEAR INSTITUTION FOR ONE YEAR, UNTIL
THE FALL TERM OF THE YEAR FOLLOWING THE YEAR OF GRADUATION, WITHOUT DECLINING THE AWARD; AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT, REGARDLESS OF ITS EFFECTIVE DATE, MUST BE CONSTRUED TO APPLY TO STUDENTS WHO GRADUATE IN THE SPRING OF 2016.
Ordered for consideration tomorrow.
Rep. ALLISON, from the Committee on Education and Public Works, submitted a favorable report on:
H. 4391 (Word version) -- Reps. Burns, Yow, Chumley, Felder, Loftis and Bradley: A BILL TO AMEND SECTION 44-43-305, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMS DEFINED IN THE REVISED UNIFORM ANATOMICAL GIFT ACT, SO AS TO CHANGE THE DEFINITION OF "TISSUE" TO INCLUDE BRAIN TISSUE IN CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 44-43-350, AS AMENDED, RELATING TO AUTHORIZED RECIPIENTS OF ANATOMICAL GIFTS, SO AS TO CLARIFY THAT GIFTS OF BRAIN TISSUE MAY BE USED ONLY FOR RESEARCH OR EDUCATION.
Ordered for consideration tomorrow.
Rep. ALLISON, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 5108 (Word version) -- Reps. Allison, Loftis and Hiott: A CONCURRENT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO ASSESS THE ROLE OF LOCAL GOVERNMENT FLEETS IN HIRING ENTRY-LEVEL COMMERCIAL DRIVER'S LICENSED DRIVERS.
Ordered for consideration tomorrow.
Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 5040 (Word version) -- Reps. Mack and Sandifer: A BILL TO AMEND SECTION 37-1-201, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERRITORIAL APPLICATION OF THE CONSUMER PROTECTION CODE, SO AS TO EXPAND HOW A CREDITOR MAY INDUCE A CONSUMER TO ENTER INTO A TRANSACTION; TO AMEND SECTION 37-1-203, RELATING TO
JURISDICTION AND SERVICE OF PROCESS, SO AS TO REPLACE THE TERM "CREDITOR" WITH THE TERM "PERSON"; TO AMEND SECTION 37-1-302, RELATING TO THE DEFINITION OF THE "FEDERAL CONSUMER CREDIT PROTECTION ACT", SO AS TO REMOVE THE REFERENCE TO THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM; TO AMEND SECTION 37-2-102, RELATING TO THE SCOPE OF CHAPTER 2 OF THE CONSUMER PROTECTION CODE, SO AS TO APPLY CERTAIN PROVISIONS TO THE SALE OF MOTOR VEHICLES; TO AMEND SECTION 37-2-305, RELATING TO FILING AND POSTING THE MAXIMUM RATE SCHEDULE, SO AS TO REMOVE THE PROVISION REQUIRING THE DEPARTMENT OF CONSUMER AFFAIRS TO MAINTAIN A FILE FOR EACH CREDITOR'S ORIGINAL AND ALL REVISED MAXIMUM RATE SCHEDULES, AMONG OTHER THINGS; TO AMEND SECTION 37-3-305, RELATING TO FILING AND POSTING A MAXIMUM RATE SCHEDULE, SO AS TO REMOVE THE PROVISION REQUIRING THE DEPARTMENT OF CONSUMER AFFAIRS TO MAINTAIN A FILE FOR EACH CREDITOR'S ORIGINAL AND ALL REVISED MAXIMUM RATE SCHEDULES, AMONG OTHER THINGS; TO AMEND SECTION 37-5-102, RELATING TO THE SCOPE OF CHAPTER 5 OF THE CONSUMER PROTECTION CODE, SO AS TO EXTEND THE PROVISIONS OF THE CHAPTER TO OTHER TRANSACTIONS GOVERNED BY TITLE 37; TO AMEND SECTION 37-6-102, RELATING TO THE APPLICABILITY OF CHAPTER 6, TITLE 37, SO AS TO APPLY THE PROVISIONS OF THE CHAPTER TO A PERSON WHO IS SUBJECT TO TITLE 37 OR AN ACTION OF THE ADMINISTRATOR; TO AMEND SECTION 37-6-107, RELATING TO THE APPLICATION OF CHAPTER 6 TO ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW, SO AS TO REMOVE THE REFERENCE TO PART FOUR OF CHAPTER 6 AND INSERT THAT THE ADMINISTRATIVE PROCEDURES ACT APPLIES TO AND GOVERNS ALL ADMINISTRATIVE ACTIONS TAKEN PURSUANT TO THE CHAPTER; TO AMEND SECTION 37-6-108, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS, SO AS TO REMOVE LANGUAGE REQUIRING AN ADMINISTRATOR TO BRING AN ACTION BEFORE THE ADMINISTRATIVE LAW COURT; TO AMEND SECTION 37-6-110, RELATING TO INJUNCTIONS AGAINST VIOLATIONS OF THE CONSUMER PROTECTION CODE, SO AS TO REPLACE THE TERM
"CREDITOR" WITH THE TERM "PERSON"; TO AMEND SECTION 37-6-113, RELATING TO CIVIL ACTIONS BY THE ADMINISTRATOR, SO AS TO REPLACE THE TERM "CREDITOR" WITH THE TERM "RESPONDENT"; TO AMEND SECTION 37-6-115, RELATING TO REMEDIES AVAILABLE UNDER THE CONSUMER PROTECTION CODE, SO AS TO REPLACE THE TERM "DEBTORS" WITH THE TERM "CONSUMERS"; AND TO AMEND SECTION 37-6-118, RELATING TO INVESTIGATION OF UNFAIR TRADE PRACTICES IN CONSUMER TRANSACTIONS, SO AS TO UPDATE THE PROCEDURES AVAILABLE TO A PERSON AGGRIEVED BY AN ORDER OF THE ADMINISTRATOR.
Ordered for consideration tomorrow.
Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 5023 (Word version) -- Reps. Sottile and Sandifer: A BILL TO AMEND SECTION 40-60-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA REAL ESTATE APPRAISER LICENSE AND CERTIFICATION ACT, SO AS TO DELETE AND REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 40-60-30, RELATING TO ACTIVITIES REQUIRING LICENSURE AS A REAL ESTATE APPRAISER, SO AS TO REVISE EXCEPTIONS; TO AMEND SECTION 40-60-34, AS AMENDED, RELATING TO MISCELLANEOUS REQUIREMENTS FOR LICENSES, CERTIFICATIONS, AND PERMITS ISSUED BY THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD, SO AS TO REVISE REQUIREMENTS CONCERNING EXPIRED AND REVOKED LICENSES, CERTIFICATIONS, AND PERMITS; TO AMEND SECTION 40-60-50, RELATING TO FEES, SO AS TO DELETE THE REQUIREMENT THAT CERTAIN FEES BE PAID BY CERTIFIED FUNDS; TO AMEND SECTION 40-60-80, AS AMENDED, RELATING TO INVESTIGATIONS OF COMPLAINTS AND VIOLATIONS, SO AS TO DELETE THE SIX-MONTH LIMIT ON STAYS AND SUPERSEDEAS OF CERTAIN BOARD ORDERS PENDING APPEAL, AND TO PROVIDE PARTIES AGGRIEVED BY FINAL DECISIONS OF THE BOARD MAY APPEAL PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT; AND TO AMEND SECTION 40-60-120, RELATING TO THE
EFFECTIVE TIME OF CERTAIN ORDERS OF THE BOARD, SO AS TO DELETE A PROVISION STATING PETITIONS FOR REVIEW DO NOT OPERATE AS SUPERSEDEAS OR STAYS.
Ordered for consideration tomorrow.
Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 3969 (Word version) -- Rep. Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 5, TITLE 38 SO AS TO PROVIDE FOR THE ELECTRONIC TRANSMISSION OF ELECTRONIC NOTICES OR DOCUMENTS RELATED TO INSURANCE AND INSURANCE POLICIES UNDER CERTAIN CIRCUMSTANCES EFFECTIVE JANUARY 1, 2016; AND TO REDESIGNATE EXISTING SECTIONS IN THE CHAPTER AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS".
Ordered for consideration tomorrow.
Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
S. 1013 (Word version) -- Senators Alexander and Davis: A BILL TO AMEND CHAPTER 57, TITLE 40 OF THE 1976 CODE, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE BROKERS, SALESPERSONS, AND PROPERTY MANAGERS, TO REORGANIZE THE PROVISIONS OF THIS CHAPTER; TO REVISE AND ADD CERTAIN DEFINITIONS OF TERMS USED IN THIS CHAPTER; TO SPECIFY THAT CERTAIN DUTIES AND RESPONSIBILITIES BELONG TO THE REAL ESTATE COMMISSION RATHER THAN TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO DELETE A LICENSE REINSTATEMENT FEE; TO DELETE PROVISIONS RELATING TO THE ESTABLISHMENT, USE, AND REPORTING REQUIREMENTS FOR THE SOUTH CAROLINA REAL ESTATE COMMISSION EDUCATION AND RESEARCH FUND; TO DELETE THE PROVISION REQUIRING LICENSURE APPLICANTS TO SUBMIT A CREDIT REPORT, AND TO REQUIRE APPLICANTS TO UNDERGO CRIMINAL RECORDS CHECKS; TO REVISE EDUCATION AND RELATED REQUIREMENTS OF CERTAIN LICENSEES; TO PROVIDE THAT
AN INDIVIDUAL WHOSE LICENSE IS REVOKED MAY NOT REAPPLY FOR LICENSURE FOR THREE YEARS, RATHER THAN ONE YEAR; TO PROVIDE CIRCUMSTANCES IN WHICH THE COMMISSION MAY RECOGNIZE A REAL ESTATE LICENSE FROM ANOTHER STATE AND TO PROVIDE SPECIFIC REQUIREMENTS FOR NONRESIDENT LICENSEES; TO SPECIFY CONTINUING EDUCATION REQUIREMENTS FOR BROKERS IN CHARGE AND PROPERTY MANAGERS IN CHARGE; TO REQUIRE THE ELECTRONIC TRANSMISSION OF CERTAIN STUDENT CONTINUING EDUCATION AND QUALIFYING COURSE RECORDS TO THE COMMISSION, AND TO REQUIRE THE COMMISSION MAINTAIN A SECURE DATABASE OF THESE RECORDS; TO FURTHER SPECIFY ADVERTISING AND MARKETING REQUIREMENTS AND LICENSEE STATUS DISCLOSURE; TO CLARIFY AND FURTHER SPECIFY DUTIES AND RESPONSIBILITIES OF BROKERS IN CHARGE AND PROPERTY MANAGERS IN CHARGE CONCERNING TRUST FUNDS AND TRUST ACCOUNTS, RECORDKEEPING, AND THE SUPERVISION AND INSTRUCTION OF LICENSEES REGARDING THESE MATTERS; TO PROVIDE THAT NO CAUSE OF ACTION ARISES IF AN OWNER OF REAL ESTATE OR A LICENSEE DOES NOT DISCLOSE THE LOCATION OF A REGISTERED SEX OFFENDER; TO FURTHER SPECIFY THE RELATIONSHIPS AND THE DUTIES AND RESPONSIBILITIES OF BROKERS IN CHARGE, BROKERAGE FIRMS, AND LICENSEES TO THEIR CLIENTS, CUSTOMERS, AGENTS, OTHER LICENSEES, AND OTHER LICENSED INDIVIDUALS; TO FURTHER PROVIDE FOR GROUNDS FOR DENIAL OF LICENSURE OR FOR DISCIPLINARY ACTION AND TO AUTHORIZE THE COMMISSION TO REQUIRE A LICENSEE TO UNDERGO A CRIMINAL RECORDS CHECK AS PART OF AN INVESTIGATION OR DISCIPLINARY PROCEEDING; AND TO CLARIFY CONFIDENTIALITY REQUIREMENTS OF INFORMATION RECORDED FOR AN INVESTIGATION OR PROCEEDING; AND BY ADDING SECTION 27-32-85 SO AS TO PROVIDE THAT PURCHASE OF BENEFICIARY RIGHTS IN A TRUST BASED TIMESHARE, WHERE THE CONTRACT IS MADE IN THIS STATE, IS A REAL PROPERTY OWNERSHIP CONVEYANCE SUBJECT TO ALL CLOSING REQUIREMENTS CONTAINED IN THE TIME SHARING TRANSACTION PROCEDURES ACT.
Ordered for consideration tomorrow.
The following was introduced:
H. 5210 (Word version) -- Rep. Spires: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE PELION HIGH SCHOOL MARCHING BAND, BAND DIRECTORS, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR WINNING THE 2015 SOUTH CAROLINA BAND DIRECTORS ASSOCIATION CLASS AA 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 Pelion High School marching band, band directors, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for winning the 2015 South Carolina Band Directors Association Class AA State Championship title.
The Resolution was adopted.
The following was introduced:
H. 5211 (Word version) -- Reps. Spires, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-
Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE PELION HIGH SCHOOL MARCHING BAND FOR ITS OUTSTANDING SEASON AND TO CONGRATULATE THESE FINE MUSICIANS ON WINNING THE 2015 SOUTH CAROLINA BAND DIRECTORS ASSOCIATION CLASS AA STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 5212 (Word version) -- Reps. McEachern, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO CONGRATULATE BURNIE COULLETTE BAXTER MONTGOMERY OF COLUMBIA ON THE OCCASION OF HER ONE HUNDRED TENTH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MUCH HAPPINESS IN THE DAYS AHEAD.
The Resolution was adopted.
The following was introduced:
H. 5213 (Word version) -- Reps. Ballentine, Huggins, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE OUTSTANDING ACCOMPLISHMENTS OF THE CAPITAL CITY LAKE MURRAY COUNTRY REGIONAL TOURISM BOARD AND TO CELEBRATE THE THIRTY-FIFTH ANNIVERSARY OF ITS SUCCESSFUL WORK IN SHOWCASING THE REGION.
The Resolution was adopted.
The following was introduced:
H. 5219 (Word version) -- Reps. G. A. Brown, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson,
Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF ALVA WADE RATCLIFF OF CASSATT AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LARGE AND LOVING FAMILY AND HIS MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 5214 (Word version) -- Reps. Cobb-Hunter, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO DECLARE APRIL 28, 2016, AS "WORKERS' MEMORIAL DAY" IN TRIBUTE TO THE WORKING MEN AND
WOMEN WHO HAVE LOST THEIR LIVES BECAUSE OF WORKPLACE INJURIES AND ILLNESSES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5215 (Word version) -- Rep. White: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE SEVENTH ANNUAL SOUTH CAROLINA EMS MEMORIAL BIKE RIDE TO HONOR THOSE WHO HAVE GIVEN OF THEMSELVES WHILE RENDERING AID TO THE CITIZENS OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5216 (Word version) -- Rep. Atwater: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA COURSE ACCESS ACT" BY ADDING CHAPTER 8 TO TITLE 59 SO AS TO PROVIDE A CITATION, TO DEFINE NECESSARY TERMS, TO CREATE A STATE COURSE ACCESS PROGRAM THROUGH WHICH ELIGIBLE STUDENTS MAY TAKE COURSES APPROVED BY THE COMMISSION ON HIGHER EDUCATION TO BE OFFERED BY CERTAIN PROVIDERS, TO PROVIDE CRITERIA AND PROCEDURES RELATED TO THE AUTHORIZATION OF THESE COURSES, TO PERMIT RECIPROCITY AGREEMENTS WITH OTHER STATES, TO PROVIDE FOR THE DETERMINATION OF TUITION RATES, AND TO PROVIDE RELATED DUTIES OF THE COMMISSION AND SCHOOL DISTRICTS.
Referred to Committee on Education and Public Works
H. 5217 (Word version) -- Reps. White and Merrill: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO
AUTHORIZE ADDITIONAL HIGHER EDUCATION PROJECTS, AND TO PROVIDE THAT THE PROVISIONS OF SECTION 2-7-105 OF THE 1976 CODE DO NOT APPLY TO THIS ACT.
Referred to Committee on Ways and Means
H. 5218 (Word version) -- Reps. Gilliard, Anderson, Limehouse, Mack, Hosey and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-117 SO AS TO PROVIDE THAT THE MONTH OF MAY EVERY YEAR IS DECLARED "WATER SAFETY AWARENESS MONTH" IN THE STATE OF SOUTH CAROLINA; TO PROMOTE AN UNDERSTANDING OF WATER SAFETY PRACTICES AND THE CRITICAL IMPORTANCE OF WATER SAFETY IN AN EFFORT TO REDUCE DROWNING DEATHS AMONG CHILDREN IN THIS STATE; TO CREATE THE "WATER SAFETY AWARENESS IN SCHOOLS STUDY COMMITTEE"; TO EXAMINE THE ISSUE OF DROWNING DEATHS AMONG SCHOOL-AGED CHILDREN IN SOUTH CAROLINA; AND TO IDENTIFY A CURRICULUM TO PROVIDE SWIMMING INSTRUCTION IN OUR PUBLIC SCHOOLS AS A MEASURE TO HELP PREVENT CHILD DROWNING DEATHS.
Referred to Committee on Invitations and Memorial Resolutions
S. 1028 (Word version) -- Senator Verdin: A BILL TO AMEND CHAPTER 3, TITLE 46 OF THE 1976 CODE, RELATING TO THE DEPARTMENT OF AGRICULTURE, SO AS TO ADD SECTION 46-3-280 TO PROVIDE FOR THE VETERANS AND WARRIORS TO AGRICULTURE PROGRAM AND FUND.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
The roll call of the House of Representatives was taken resulting as follows:
Allison Anderson Anthony Bales Ballentine Bamberg Bernstein Bingham Bowers Bradley G. A. Brown R. L. Brown Burns Chumley Clary Clyburn Cobb-Hunter Cole Collins Crosby Daning
Dillard Douglas Duckworth Felder Finlay Forrester Fry Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hart Hayes Henderson Henegan Hicks Hill Hixon Hodges Hosey Howard Huggins Jefferson Johnson Jordan King Kirby Knight Loftis Lowe Lucas Mack McCoy McEachern Merrill Mitchell D. C. Moss V. S. Moss Nanney Norman Ott Parks Pitts Pope Putnam Ridgeway Riley Rivers Robinson-Simpson Sandifer G. M. Smith G. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Weeks Wells White Williams Willis Yow
I came in after the roll call and was present for the Session on Thursday, April 14.
Terry Alexander Bruce W. Bannister Alan D. Clemmons Heather Crawford Greg Delleney Shannon Erickson Kevin Hardee Davey Hiott Ralph Kennedy Cezar McKnight Mia S. McLeod Walton J. McLeod Chis Murphy Weston Newton Richard "Rick" Quinn Todd Rutherford Mike Ryhal Gary Simrill James E. Smith McLain R. "Mac" Toole William R. "Bill" Whitmire Joseph Neal
The SPEAKER granted Rep. LONG a leave of absence for the day.
The SPEAKER granted Rep. NORRELL a leave of absence for the day due to a prior commitment.
The SPEAKER granted Rep. ATWATER a leave of absence for the day due to business reasons.
The SPEAKER granted Rep. BRANNON a leave of absence for the day due to a court appearance.
The SPEAKER granted Rep. BEDINGFIELD a leave of absence for the day due to a family commitment.
The SPEAKER granted Rep. HORNE a leave of absence for the day.
Announcement was made that Dr. Patricia Witherspoon of Columbia was the Doctor of the Day for the General Assembly.
Rep. GOLDFINCH presented to the House the Waccamaw High School Girls Cross-Country Team, coaches, and other school officials.
Rep. BERNSTEIN presented to the House the Spring Valley High School Girls Varsity Basketball Team, coaches, and other school officials.
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."
Bill Number: H. 4391 (Word version)
Date: ADD:
04/14/16 LOFTIS, BRADLEY and FELDER
Bill Number: H. 4762 (Word version)
Date: ADD:
04/14/16 YOW
Bill Number: H. 5109 (Word version)
Date: ADD:
04/14/16 ERICKSON
Bill Number: H. 3784 (Word version)
Date: ADD:
04/14/16 G. M. SMITH
Bill Number: H. 4481 (Word version)
Date: ADD:
04/14/16 HENEGAN
Bill Number: H. 4580 (Word version)
Date: ADD:
04/14/16 MITCHELL, GILLIARD, GAGNON and WILLIAMS
Bill Number: H. 5021 (Word version)
Date: ADD:
04/14/16 FELDER
Bill Number: H. 5078 (Word version)
Date: ADD:
04/14/16 COBB-HUNTER
Bill Number: H. 5091 (Word version)
Date: ADD:
04/14/16 MITCHELL, GILLIARD and WILLIAMS
Bill Number: H. 5140 (Word version)
Date: ADD:
04/14/16 KING
Bill Number: H. 5172 (Word version)
Date: ADD:
04/14/16 HENEGAN
Bill Number: H. 5204 (Word version)
Date: ADD:
04/14/16 THAYER, PUTNAM, HUGGINS, CHUMLEY, BURNS, TOOLE, NANNEY and QUINN
Bill Number: H. 4967 (Word version)
Date: REMOVE:
04/14/16 KENNEDY and ERICKSON
Bill Number: H. 4206 (Word version)
Date: REMOVE:
04/14/16 HIXON
Bill Number: H. 5090 (Word version)
Date: REMOVE:
04/14/16 SOTTILE and HENDERSON
The following Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 5155 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO DISTRICT AND SCHOOL PLANNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 4605, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5156 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO TEST SECURITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 4606, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5157 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CHARGES FOR FAMILY PLANNING SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4607, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5158 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CHARGES FOR MATERNAL AND CHILD HEALTH SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4608, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5159 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE
DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SEXUALLY TRANSMITTED DISEASES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4612, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up:
H. 5091 (Word version) -- Reps. King, M. S. McLeod, Henegan, Mack, Mitchell, Gilliard and Williams: A BILL TO AMEND SECTION 53-3-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF THE NINETEENTH OF JUNE OF EACH YEAR AS "JUNETEENTH CELEBRATION OF FREEDOM DAY", SO AS TO PROVIDE THAT IT IS ALSO RECOGNIZED AS "SICKLE CELL DAY IN SOUTH CAROLINA" IN COMMEMORATION OF "WORLD SICKLE CELL DAY".
Rep. KING explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anthony Bales Ballentine Bamberg Bernstein Bingham Bowers Bradley R. L. Brown Burns Chumley Clary Clyburn Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Hamilton Hardee Hart Hayes Henderson Henegan Hicks Hill Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King
Kirby Knight Loftis Lowe Lucas Mack McCoy McEachern M. S. McLeod Mitchell D. C. Moss V. S. Moss Nanney Norman Parks Pitts Pope Putnam Ridgeway Riley Rivers Robinson-Simpson Ryhal Sandifer Simrill G. M. Smith G. R. Smith Sottile Southard Spires Stavrinakis Stringer Taylor Thayer Tinkler Weeks Wells White Williams Willis Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
On motion of Rep. KING, with unanimous consent, it was ordered that H. 5091 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4327 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND CHAPTER 71, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPICE PROGRAMS, SO AS TO ADD DEFINITIONS; TO ESTABLISH CERTAIN LICENSING REQUIREMENTS; TO PROVIDE FOR THE REGISTRATION OF MULTIPLE OFFICE LOCATIONS OF LICENSED HOSPICES; TO PROVIDE FOR EXPANSION OF HOSPICE SERVICE AREAS; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO APPROVE APPLICATIONS FOR REGISTRATION OF MULTIPLE OFFICE LOCATIONS AND
FOR EXPANSION OF HOSPICE SERVICE AREAS, WITH EXCEPTIONS; AND FOR OTHER PURPOSES.
The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 to H. 4327 (COUNCIL\ BH\4327C001.BH.VR16), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting language and inserting:
/SECTION 1. Chapter 71, Title 44 of the 1976 Code is amended to read:
Section 44-71-10. This chapter may be cited as the 'Quality Hospice Licensure Programs Act'.
Section 44-71-20. As used in this chapter:
(1) 'Board' means the South Carolina Board of Health and Environmental Control.
(2) 'Department' means the South Carolina Department of Health and Environmental Control.
(3) 'Hospice' means a centrally administered, interdisciplinary health care program. This program must provide, which provides a continuum of medically supervised palliative and supportive care for the terminally ill patient and the family including, but not limited to, outpatient and inpatient services provided directly or through written agreement. Inpatient services include, but are not limited to, services provided by a hospice in a licensed hospice facility.
Admission to a hospice program of care is based on the voluntary request of the hospice patient alone or in conjunction with designated family members.
(4) 'Hospice facility' means an institution, place, or building in which a licensed hospice provides room, board, and appropriate hospice services on a twenty-four hour basis to individuals requiring hospice care pursuant to the orders of a physician.
(5) 'Licensee' means the individual, corporation, or public entity with whom rests the ultimate responsibility for maintaining approved standards for the hospice or hospice facility.
(6) 'Multiple location' means a properly registered additional site, other than the licensed primary office, from which a parent hospice organization provides hospice services. 'Multiple location' does not mean a 'work station' as defined in item (7).
(7) 'Work station' means a site operated within the licensed service area of a hospice solely for the convenience of the staff where they may conduct activities including, but not limited to, completing paperwork, checking messages, or storing equipment. These work stations must not have signage with an address or operating hours, must not be advertised, and must not be open to the public for any reason, such as to distribute supplies or to receive referrals.
(8) 'Parent hospice organization' means a properly licensed hospice that, in addition to its primary office, also provides hospice services from a multiple location as defined in item (6).
Section 44-71-30. (A) No person, private or public organization, political subdivision, or other governmental agency may establish, conduct, or maintain a hospice or represent itself as a hospice without first obtaining a license from the department.
(B) This A license obtained pursuant to this section is effective for a twelve-month period following the date of issue and must prescribe by county the geographic area authorized to be served.
(C) The license must prescribe by county the geographic area authorized to be served. A hospice must be licensed only to serve eligible patients in the county in which the hospice's primary or sole office is housed or counties that are contiguous to the county in which the hospice's primary or sole office is housed. A hospice that wishes to expand its licensed service area to include additional counties authorized in this section must first notify the department, in accordance with Section 44-71-40, and then receive approval from the department.
(D) A license issued under this chapter is not assignable or transferable and is subject to suspension or revocation at any time for failure to comply with this chapter.
(E) The department shall publish a current list of all licensed hospices, including all registered multiple locations, on its website and shall include a list of all counties served by the licensed hospice and each multiple location.
Section 44-71-35. (A) A parent hospice organization, or any other hospice, may not establish, conduct, or maintain a multiple location or represent itself as such without first registering the multiple location with the department and receiving approval of the registration from the department. Upon approval by the department, a multiple location must be listed on the license of the parent hospice organization.
(B) A registration may be filed at any time and is effective until the expiration of the license of the parent hospice organization that is in effect at the time of the initial approval of the multiple location. The
registration and approval of a multiple location is effective for a period running coterminous with the parent hospice organization's license, and, as such, the registration and approval of a multiple location must be reviewed by the department annually at the time of the parent hospice organization's license renewal and as a part of that process as prescribed by the department in regulation.
(C) The registration of a multiple location must prescribe by county the geographic area authorized to be served. A multiple location must be approved only to serve eligible patients in the county in which the multiple location is housed or counties that are contiguous to the county in which the multiple location is housed. A multiple location that wishes to expand its service area to include additional counties authorized in this section shall first notify the department, in accordance with Section 44-71-40, and then receive approval from the department.
(D) A multiple location approval granted pursuant to this chapter is not assignable or transferable and is subject to suspension or revocation at any time for failure to comply with this chapter.
Section 44-71-40. (A) A person, private or public organization, political subdivision, or other governmental agency desiring to obtain a license must file with the department an application on a form prescribed, prepared, and furnished by the department.
(B) A parent hospice organization, or any other hospice, desiring to obtain approval for the registration of a multiple location shall file with the department an application on a form prescribed, prepared, and furnished by the department.
(C) A parent hospice organization, or any other hospice, desiring to expand its licensed service area to include additional counties authorized in this chapter shall first file with the department an application on a form prescribed, prepared, and furnished by the department.
Section 44-71-50. The department is authorized to establish reasonable fees to be used in the administration of the program.
Section 44-71-60. The department shall promulgate regulations which define needs, services, and standards for the care, treatment, health, safety, welfare, and comfort of patients and their families served by hospices and for the maintenance and operation of hospices, including hospice facilities and multiple locations, which will promote safe and adequate care and treatment of the patients and their families.
Section 44-71-65. Notwithstanding any other provision of law, a hospice facility must comply with the regulations promulgated by the department pursuant to this chapter and is not subject to regulations
pertaining to the licensure and regulation of nursing homes or community residential care facilities.
Section 44-71-70. (A) The department is authorized to issue, deny, suspend, or revoke licenses in accordance with regulations promulgated pursuant to this section. Such regulations must include hearing procedures related to denial, suspension, or revocation of licenses.
(B) The department shall approve a request of a properly filed application for the expansion of a hospice's licensed service area to include additional counties if additional requested counties are contiguous to the county in which the hospice's primary or sole office or properly registered multiple locations are housed.
Section 44-71-75. (A) The department shall approve a registration for a multiple location for which a parent hospice organization submits an application as long as:
(1) the parent hospice organization is properly licensed, operating in accordance with all South Carolina laws and regulations;
(2) the multiple location will provide the full scope of hospice services in all areas outlined in Section 44-71-30;
(3) the multiple location will share administration, supervision, and services with the parent hospice organization; and
(4) the multiple location will be included in the quality improvement activities of the parent hospice organization.
(B) The department is authorized to deny, suspend, or revoke approvals of multiple locations in accordance with regulations promulgated pursuant to this section when there is evidence or reason to believe that any of the requirements or conditions in subsection (A) are not being met.
(C) The department shall approve a request to expand the service area of a multiple location to include additional counties only when the additional counties requested in a properly filed application are counties that are contiguous to the county in which the multiple location is housed.
(D) Regulations pertaining to the denial, suspension, or revocation of approvals must include hearing procedures related to denial, suspension, or revocation of licenses.
Section 44-71-80. Each hospice for which a license has been issued must be inspected by an authorized representative of the department at least once a year for the purpose of ensuring that the provisions of this chapter are being followed. Inspections of hospices
that have multiple locations must be rotated annually among all locations to ensure the full provisions of this chapter are being followed.
Section 44-71-90. Hospices must not discriminate based on age, sex, race, color, religion, or source of payment, location of patient, acceptance or provision of goods and services to patients of potential patients.
Section 44-71-95. Nothing in this chapter may be construed to prohibit a health care facility from providing hospice services through contractual arrangements with a licensed hospice operation.
Section 44-71-100. Hospices may not participate in, or offer, or imply an offer to participate in the practice known generally as rebate, kickbacks, or fee-splitting arrangements.
Section 44-71-110. Any person who violates the provisions of this chapter is guilty of a misdemeanor and upon conviction shall be fined not to exceed five hundred dollars or imprisoned for a period not to exceed six months or both."
SECTION 2. This act takes effect twenty-four months after approval of the Governor, except that the provisions of Section 44-71-30(E) of this act take effect immediately upon the approval of the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
Rep. HART proposed the following Amendment No. 2 to H. 4327 (COUNCIL\BH\4327C002.BH.VR16), which was adopted:
Amend the bill, as and if amended, Section 44-71-30(C), as contained in SECTION 1, by deleting subsection (C) and inserting:
/ (C) The license must prescribe by county the geographic area authorized to be served. A hospice must be licensed only to serve eligible patients in the county in which the hospice claims as its primary location or counties that are contiguous to the county in which the hospice claims as its primary location. Upon licensure, a hospice shall inform the department of the primary location for which the license is requested. A hospice may elect to claim the county in which the hospice's primary or sole office is housed as its primary location, or, in the case of a hospice geographically located in a postal zip code that encompasses more than one county, a hospice may elect to claim as its primary location either the county in which the hospice's primary or sole office is housed or one of the other counties encompassed by the same
postal zip code for the area in which its primary or sole office is housed. A hospice that wishes to expand its licensed service area to include additional counties authorized in this section must first notify the department, in accordance with Section 44-71-40, and then receive approval from the department. /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH 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:
Those who voted in the affirmative are:
Alexander Allison Anthony Bales Bamberg Bernstein Bingham Bowers Bradley G. A. Brown R. L. Brown Burns Chumley Clary Clyburn Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Fry Funderburk George Gilliard Goldfinch Hamilton Hardee Hart Hayes Henderson Henegan Hicks Hill Hiott Hixon Hodges Hosey Howard Jefferson Johnson Jordan Kennedy King Kirby Knight Loftis Lowe Lucas Mack McCoy McEachern M. S. McLeod Mitchell D. C. Moss V. S. Moss Murphy Nanney Newton Norman Parks Pitts Pope Putnam
Ridgeway Riley Rivers Robinson-Simpson Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Weeks Wells Whitmire Williams Willis Yow
Those who voted in the negative are:
Huggins
So, the Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. G. M. SMITH, with unanimous consent, it was ordered that H. 4327 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4773 (Word version) -- Reps. Duckworth, Kirby, Jordan, Johnson, Collins, Hill, Brannon, Merrill and Tinkler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT "MARGY'S LAW"; TO AMEND SECTION 44-78-15, RELATING TO DEFINITIONS IN THE EMERGENCY MEDICAL SERVICES DO NOT RESUSCITATE ORDER ACT, SO AS TO DEFINE THE TERM "DO NOT RESUSCITATE BRACELET"; TO AMEND SECTION 44-78-20, RELATING TO THE AVAILABILITY OF DO NOT RESUSCITATE ORDERS FOR EMERGENCY SERVICES TO THE TERMINALLY ILL, SO AS TO PROVIDE FOR THE AVAILABILITY OF DO NOT RESUSCITATE BRACELETS IN ADDITION TO WRITTEN ORDERS; AND TO AMEND SECTIONS 44-78-25, 44-78-30, 44-78-35, 44-78-40, 44-78-45, AND 44-78-60,
ALL RELATING TO MISCELLANEOUS PROVISIONS IN THE ACT, SO AS TO MAKE CONFORMING CHANGES.
Rep. DUCKWORTH explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Bales Ballentine Bamberg Bannister Bingham Bowers Bradley R. L. Brown Burns Chumley Clary Clemmons Clyburn Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Fry Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hart Hayes Hicks Hill Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King Kirby Knight Loftis Lowe Lucas Mack McCoy McEachern M. S. McLeod W. J. McLeod D. C. Moss V. S. Moss Murphy Nanney Newton Norman Ott Parks Pitts Pope Putnam Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler
Weeks Wells Whitmire Williams Willis Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
On motion of Rep. DUCKWORTH, with unanimous consent, it was ordered that H. 4773 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 5100 (Word version) -- Rep. Fry: A BILL TO AMEND SECTION 38-71-1520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ACCESS TO EMERGENCY MEDICAL CARE ACT, SO AS TO REVISE THE DEFINITION OF "EMERGENCY MEDICAL PROVIDER" TO INCLUDE ORAL SURGEONS AND DENTISTS LICENSED BY THE STATE BOARD OF DENTISTRY; AND BY ADDING SECTION 38-71-1545 SO AS TO EXCLUDE APPLICATION OF THE ARTICLE TO CERTAIN INSURANCE POLICIES.
Rep. HART explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Bales Ballentine Bamberg Bowers G. A. Brown R. L. Brown Burns Chumley Clary Clyburn Cobb-Hunter Collins H. A. Crawford Crosby Daning
Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Fry Funderburk Gagnon George Gilliard Goldfinch Govan Hamilton Hardee Hart Hayes Henderson Henegan Hicks Hill Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King Kirby Knight Loftis Lowe Lucas Mack McCoy M. S. McLeod W. J. McLeod Mitchell D. C. Moss V. S. Moss Murphy Nanney Newton Norman Ott Parks Pitts Pope Putnam Ridgeway Riley Rivers Robinson-Simpson Ryhal Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Toole Weeks Wells Whitmire Williams Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
On motion of Rep. HART, with unanimous consent, it was ordered that H. 5100 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4574 (Word version) -- Reps. Spires, Herbkersman and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "ELECTROLOGY PRACTICE ACT" BY ADDING ARTICLE 3 TO CHAPTER 13, TITLE 40 SO AS TO PROVIDE A CITATION, TO PROVIDE PURPOSES, TO PROVIDE NECESSARY DEFINITIONS, TO PROHIBIT CERTAIN CONDUCT CONCERNING THE PRACTICE AND TEACHING OF ELECTROLOGY WITHOUT LICENSURE, TO CREATE THE ELECTROLOGY LICENSURE COMMITTEE AS AN ADVISORY BOARD UNDER THE AUSPICES OF THE COSMETOLOGY BOARD, TO PROVIDE FOR THE COMPOSITION AND ORGANIZATION OF THE COMMITTEE, TO PROVIDE THE POWERS AND DUTIES OF THE COMMITTEE, TO PROVIDE REQUIREMENTS FOR LICENSURE AS AN ELECTROLOGIST AND REQUIREMENTS FOR LICENSURE AS AN ELECTROLOGY INSTRUCTOR, TO PROVIDE REQUIREMENTS FOR THE CONDUCT OF LICENSEES, TO PROVIDE PROCEDURES FOR VOLUNTARY SURRENDER OF A LICENSE AND SUBSEQUENT REINSTATEMENT, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE DISCIPLINARY PROCEDURES FOR VIOLATIONS, AMONG OTHER THINGS; TO AMEND SECTION 40-13-5, RELATING TO APPLICABILITY OF THE CHAPTER, SO AS TO MAKE A CONFORMING CHANGE; TO DESIGNATE EXISTING SECTIONS OF THE CHAPTER AS ARTICLE 1, ENTITLED "COSMETOLOGISTS, NAIL TECHNICIANS, AND ESTHETICIANS"; AND TO REDESIGNATE THE CHAPTER AS "COSMETOLOGY AND MISCELLANEOUS RELATED OCCUPATIONS".
The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 to H. 4574 (COUNCIL\AGM\4574C001.AGM.AB16):
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Chapter 47, Title 40 of the 1976 Code is amended by adding:
Section 40-47-1700. This article must be known and may be cited as the 'Electrology Practice Act'.
Section 40-47-1705. The purposes of this article are to ensure minimum standards of competency, protect the public from misrepresentation of status and qualifications by persons who hold themselves out to be 'licensed electrologists' or 'licensed electrology instructors', and provide the public with safe care by the mandatory licensing of electrologists and electrology instructors.
Section 40-47-1710. As used in this article:
(1) 'Board' means the Board of Medical Examiners of South Carolina.
(2) 'Committee' means the Electrology Licensure Committee.
(3) 'Electrologist' means an individual who practices electrology.
(4) 'Electrology' means the art and practice relating to the removal of hair from the normal skin of the human body by application of an electric current to the hair papilla by means of a needle or needles so as to cause growth inactivity of the hair papilla and thus permanently remove the hair.
(5) 'Electrology instructor' means an individual who practices electrology and teaches an electrology education program.
(6) 'License' means, unless the context requires otherwise, a license issued by the board to practice:
(a) electrology; or
(b) electrology and teach an electrology education program.
(7) 'Licensed electrologist' means an electrologist who is licensed pursuant to this article to practice electrology.
(8) 'Licensed electrology instructor' means an electrologist licensed pursuant to this article to practice electrology and teach an electrology education program.
Section 40-47-1715. (A) A person may not practice, attempt to practice, or offer to practice electrology, or teach, attempt to teach, or offer to teach an electrology education program in this State unless licensed pursuant to this article or practicing electrology as a student in an approved clinical electrology education program.
(B) A person may not represent to the public by title, description of services, methods, procedures, or otherwise that the person is authorized to practice electrology or to teach an electrology education program in this State unless licensed pursuant to this article.
(C) A person who violates a provision of this article is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than fifty thousand dollars, pursuant to Section 40-1-200.
Section 40-47-1720. (A) (1) There is created the Electrology Licensure Committee, an advisory committee under the auspices of the board. The committee shall consist of five members appointed by the Governor and who are residents of the State, including:
(a) three electrologists who have engaged in the practice of electrology for at least five years and are licensed by the committee;
(b) one physician licensed by the State; and
(c) a public member who has not practiced electrology, who is not in training to become an electrologist, who does not participate in the electrology field, and who is not immediately related to anyone who has practiced electrology, trained to become an electrologist, or participates in the electrology field.
(2) In nominating the three initial electrologist members of the board, the Governor must accept nominations for appointment from the South Carolina Association of Electrologists. If the Governor does not approve the recommendations, the association may provide the Governor with another list of nominees. The Governor may select a nominee from the second list provided, if any, or appoint another suitable candidate of her choice.
(B)(1) A member is appointed for a term of three years and may serve until a successor is appointed and qualified.
(2)(a) Of the members initially appointed:
(i) one of the electrologist members shall serve a term of one year;
(ii) the public member and a second electrologist member shall serve a term of two years; and
(iii) the physician member and a third electrologist member shall serve a term of three years.
(b) The terms of all initial appointments shall commence within thirty days after the effective date of this act.
(3) A member may serve not more than two consecutive full terms.
(C) A vacancy must be filled by the Governor to serve the remainder of an unexpired term and until his successor is appointed and qualified.
(D) The Governor or the board may remove a committee member for gross neglect of duty, incompetence, or unprofessional conduct. A
member subject to disciplinary proceedings is disqualified from all committee business until the charges are resolved.
(E) A member of the committee is entitled to per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions.
(F) The committee may employ a staff and have a physician licensed by this State available as a consultant.
(G) The committee shall elect, from among its members, a chairman, a secretary, and a treasurer, and other officers that the committee considers appropriate. The committee shall determine the manner of election of officers and their terms of office.
(H) The committee annually shall hold at least two meetings to conduct its business, and shall adopt rules governing the calling, holding, and conducting of regular and special meetings. A majority of the members shall constitute a quorum.
Section 40-47-1725. In addition to the powers and duties set forth elsewhere in this article, the committee shall:
(1) adopt standards for the practice of electrology and for electrology instruction, and recommend procedures related to licensing to the board to be promulgated by the board in regulation;
(2) keep records of its proceedings;
(3) keep a list of all currently licensed electrologists and licensed electrology instructors;
(4) submit an annual report to the board on duties performed, actions taken and recommendations made;
(5) recommend continuing education requirements to be promulgated in regulation;
(6) conduct investigations and hearings under the auspices of the board concerning an alleged violation of this article, and make findings and recommendations to the board for penalties and sanctions for the violation, which the board may adopt;
(7) incur necessary expenses relating to the referral of an alleged violation of the criminal provisions of this article;
(8) review, at its discretion, advertising by licensed electrologists or licensed electrology instructors; and
(9) conduct or cause to be conducted inspections of electrology offices for compliance with provisions of this article and regulations promulgated pursuant to this article and the Centers for Disease Control.
Section 40-47-1730. (A) The committee shall recommend to the board regulations to establish reasonable fees for the issuance and renewal of licenses, for examination of applicants and licensees and
inspection of their offices, and for its other services, and the board shall promulgate these regulations upon its approval. These fees must be sufficient, but not excessive, to cover expenses for carrying out the operations of the committee. The committee shall receive and account for all monies under a provision of this article and shall pay all monies collected to the board for deposit with the State Treasurer as provided for by law. Except as provided temporarily in subsection (B), no fee may be charged pursuant to this section.
(B) The committee initially may by rule establish the fees provided in subsection (A) which only may be in effect for a period of eighteen months after the effective date of this act, during which time the board must promulgate regulations to permanently provide for the fees. The temporary fees provided in this subsection expire when these regulations take effect.
Section 40-47-1735. To apply for a license as an electrologist, an applicant must:
(1) be at least eighteen years of age;
(2) be a high school graduate or have completed equivalent education;
(3) either:
(a) have successfully completed an electrology education program in this State approved by the committee and taught by a licensed electrology instructor that includes six hundred hours of instruction in the theory and clinical practice of electrology, or another amount of time as provided for in regulation, and meets the requirements for content recommended by the committee and established by the board; or
(b) have successfully completed an electrology education program in another state that is approved by the committee as being substantially equal in content and hours to that required of schools in this State;
(4) submit to the committee an application on a form prescribed by the committee;
(5) pay to the committee an application fee and an office inspection fee;
(6) pay for and pass a written examination pursuant to Section 40-47-1745 or be exempt from examination pursuant to Section 40-47-1745 or Section 40-47-1750;
(7) agree to initial and subsequent onsite inspections of the facilities used in electrology;
(8) agree to comply with infection control standards for the practice of electrology as established by the Centers for Disease Control
or other organization specified in the rules and regulations, including, but not limited to, independent sterilization testing; and
(9) meet other requirements as provided for in regulation.
Section 40-47-1740. To apply for a license as an electrology instructor, an applicant must:
(1) be a licensed electrologist;
(2) have practiced electrology actively for at least five years immediately before applying;
(3) submit to the committee an application on a form prescribed by the committee;
(4) pay to the committee an application and school inspection fee;
(5) agree to initial and subsequent onsite inspections of the facilities used in electrology instruction;
(6) agree to comply with infection control standards for the practice of electrology as established by the Centers for Disease Control or other organization specified in rules and regulations, including, but not limited to, independent sterilization testing; and
(7) meet other requirements as provided in regulation.
Section 40-47-1745. (A) An applicant shall pay for and pass the International Board of Electrologist Certification examination or other similar examination approved by the committee, administered pursuant to regulation.
(B) The committee shall administer or coordinate administration of examinations to applicants at least once a year at the times and places that the committee determines. The committee may provide for reexaminations to applicants who fail all or part of the examination at the times and places that the committee determines. The committee shall have the final decision in determining the subjects, scope, form, and passing score for examinations required pursuant to this article. An examination must include a section on the theory of electrology, a section on the clinical practice of electrology and a section on proper sterilization and infection control techniques.
(C) An applicant may retake an examination or a failed section of an examination after paying the committee a reexamination fee, as provided for in regulation. An applicant who fails two reexaminations only may retake the examination if he:
(1) retakes the entire examination;
(2) pays the full examination fee; and
(3) completes additional training as required by the committee.
(D) The committee shall waive the examination for an applicant who is licensed to practice electrology in another state if the applicant provides evidence acceptable to the committee that he:
(1) meets the qualifications otherwise required by this article;
(2) became licensed in the other state after passing in that or another state an examination that is substantially equal to the examination for which the applicant is seeking the waiver; and
(3) became licensed in the other state after meeting requirements that are substantially equal to the requirements of this article.
(E) The committee shall waive the examination for an applicant who presents evidence of having passed the American Electrology Association Certified Professional Electrology examination.
(F) Unless authorized by the committee, the public member may not participate in an activity related to examinations required pursuant to this article.
Section 40-47-1750. (A) The committee shall, after an applicant meets additional requirements of subsection (B), waive the licensing requirements under items (3) and (6) of Section 40-47-1735, if the applicant applies for licensure within one hundred eighty days after the effective date of this act and has been actively engaged in the practice of electrology in this State during the three years immediately preceding the date of application. For purposes of this section, 'actively engaged in the practice of electrology' means that an applicant has performed electrology on a regular basis for compensation, which the applicant can substantiate by providing evidence of paid advertising, tax returns, or other written records of compensation, affidavits from clients or business owners who can attest to the applicant practicing electrology for compensation, or other evidence acceptable to the committee. The applicant shall provide this evidence to the committee with a notarized affidavit certifying its authenticity.
(B) The committee may require an applicant seeking exemption from education and examination requirements under this section to undertake additional instruction in infection control standards for the practice of electrology, as established by the Centers for Disease Control or other organization as provided in regulation, if the applicant is unable to provide evidence of adequate prior instruction. This additional instruction must be determined by the committee and must be taken from an approved instructor.
Section 40-47-1755. (A) The board, upon the recommendation of the committee, shall issue a license to an applicant who meets the
requirements of this article, pays applicable license and inspection fees, and receives a satisfactory inspection of his electrology facility. The committee shall include on each license a designation as an electrologist license or an electrology instructor license.
(B) A licensed electrologist only may use the title 'licensed electrologist' and the abbreviation 'L.E.'. A licensed electrology instructor also may use the title 'licensed electrology instructor' and the abbreviation 'L.E.I.'. In addition, a licensee may use the title 'Certified Professional Electrologist' and the abbreviation 'C.P.E.' if the licensee has an unexpired certificate for this designation from the International Board of Electrology Certification of the American Electrology Association.
(C) A licensee only may practice electrology in a permanent establishment, referred to in this article as an office. The board shall, with input from the committee, promulgate regulations concerning sanitation standards, equipment, supplies, and facilities to be used and maintained in an office. An office is subject to random and periodic inspections during business hours by members of the committee or its agents or assistants.
(D) A licensed electrologist shall notify the committee in writing no later than ten business days after a change of address or opening of a new office.
(E) A licensed electrologist shall display the license in a conspicuous place in the office.
Section 40-47-1760. (A) A license issued pursuant to this article for an electrologist or electrology instructor is valid for two years and must be renewed biennially. At least one month before the license expires, the committee shall send to the licensee, by first class mail to the last known address provided by the licensee, a renewal notice that states:
(1) the date on which the current license expires:
(2) the date by which the renewal application must be received by the committee for the renewal to be issued and mailed before the license expires; and
(3) the amount of the renewal fee as provided for in the rules.
(B) The board, upon the recommendation of the committee, shall renew the license of a licensee who submits a renewal application on a form prescribed by the committee, pays the renewal fee, submits satisfactory evidence of compliance with continuing education requirements pursuant to Section 40-47-1765, has complied with all
sterilization testing requirements and has received satisfactory facility inspections, if any, all as provided for in regulation.
(C) Any person who has failed to renew a license for more than ninety days after expiration may have it reinstated by applying to the committee for reinstatement on a form approved by the committee, furnishing a statement of the reason for failure to apply for renewal prior to the deadline and paying the required fee. Beyond ninety days, the committee may require the applicant to provide evidence of competency, including repeating any or all of the requirements of Section 40-47-1735.
(D) A licensee is solely responsible for notifying the committee of any change of address for correspondence.
Section 40-47-1765. (A) The committee shall recommend to the board for promulgation in regulation the number of hours and subject matter of continuing education required as a condition of license renewal. The committee may offer continuing education to the licensees under this article or may approve programs offered at other institutions or by other electrologists.
(B) Upon request, the committee may grant approval to a continuing education program or course upon finding that the program or course offers a worthwhile educational experience for licensed electrologists.
(C) Upon application for license renewal, each licensee shall provide the committee with records or transcripts of the approved educational course work completed, including the subject matter and the number of hours of each course.
Section 40-47-1770. (A) Upon written request by a licensee for inactive status, the committee shall place the licensee's name on the inactive list. While on the inactive list, the person is subject to renewal requirements and may not practice electrology in this State.
(B)(1) A person on inactive status who seeks to return to active status shall submit to the committee a:
(a) reactivation application on a form furnished by the committee; and
(b) reactivation fee.
(2) If the period of inactivity has exceeded two years, the committee may require the applicant to provide evidence of competency, including repeating any requirements of Section 40-47-1735, before returning the applicant to the active status. A person whose license has lapsed or expired for a period of five years or more must take and pass the examination for licensure before the license can be reactivated.
Section 40-47-1775. (A) A licensed electrologist or licensed electrology instructor may voluntarily surrender a license by expressing this voluntary surrender in writing to the committee and returning the license to the committee. If the license is lost, the individual shall submit a notarized statement to that effect to the committee.
(B) A licensed electrologist or licensed electrology instructor may not surrender his license and the license may not lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee, unless the committee agrees to accept the surrender of a license. However, the committee may set conditions on its agreement with the licensed electrologist or licensed electrology instructor under investigation or against whom charges are pending to accept surrender of the license.
Section 40-47-1780. (A) Regarding electrology education programs, the committee also shall:
(1) recommend standards by which a program may be approved for the board to promulgate in regulation;
(2) survey and evaluate proposed programs;
(3) evaluate the need for a program in the geographical area in which the program will be located;
(4) keep a list of institutions that currently offer electrology education programs that are approved by the committee pursuant to this section; and
(5) encourage schools of higher learning to establish programs in the theory and practice of electrology.
(B) Before an institution may operate an electrology education program in this State, the committee must approve the program. The institution first shall submit evidence to the committee that the institution is prepared to:
(1) meet the standards provided in subsection (A)(1); and
(2) carry out an education program of at least six hundred combined instructional hours or another amount of time as provided for in regulation, in the:
(a) theory of electrology, pursuant to the provisions of Section 40-47-1735; and
(b) clinical practice of electrology, pursuant to the provisions of Section 40-47-17358.
(C) The committee periodically may evaluate electrology programs in this State. If an institution that offers an approved electrology education program violates a standard provided in
subsection (A)(1), the committee shall give the institution specific written notice of the violation.
(D) The committee may remove an institution from a list of institutions that offer approved electrology education programs, subject to the hearing provisions of Section 40-47-1795 if the institution:
(1) is guilty of fraud or deceit in obtaining or attempting to obtain approval;
(2) acts in a manner inconsistent with generally accepted standards for the practice of electrology;
(3) advertises in a manner that the board determines violates this article;
(4) violates the standards provided in this article and does not correct the violation in a reasonable time after notice is given; or
(5) no longer operates a program that qualifies for approval under this article.
(E) An action taken pursuant to this section must comply with the notice and hearing provisions of the Administrative Procedures Act.
(F) Nothing in this article shall prevent a cosmetology school licensed pursuant to Chapter 13, Title 40 from submitting an electrology education program to the committee for approval.
Section 40-47-1785. (A) Subject to the hearing provisions of Section 40-47-1795, the board, upon the recommendation of the committee, may deny a license or renewal of a license to an applicant or licensee, reprimand a licensee, place a licensee on probation, or suspend or revoke a license if the applicant or licensee:
(1) fraudulently or deceptively obtains or attempts to obtain or renew a license for the applicant or licensee or for another;
(2) fraudulently or deceptively uses a license;
(3) as part of the practice of electrology, knowingly acts beyond the scope of the practice of electrology, as provided in this article;
(4) is grossly negligent in practicing electrology or in teaching an electrology education program;
(5) acts in a manner inconsistent with generally accepted standards for the practice of electrology;
(6) is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not an appeal or other proceeding is pending to have the conviction or plea set aside;
(7) is disciplined by a licensing or disciplinary authority of another state or country, or is convicted or disciplined by a court of another state or country for an act that would be grounds for disciplinary action pursuant to this article;
(8) provides professional services while under the influence of alcohol or uses a narcotic or controlled substance, as defined in Section 44-53-110, or another drug that is in excess of therapeutic amounts or without valid medical indication;
(9) practices electrology with an unauthorized person or supervises or aids an unauthorized person in the practice of electrology;
(10) wilfully makes or files a false report or record in the practice of electrology;
(11) wilfully fails to file or record a report as required by law; wilfully impedes or obstructs the filing or recording of the report or induces another to fail to file or record the report;
(12) submits a false statement to collect a fee;
(13) violates a provision of this article;
(14) uses or promotes or causes the use of misleading, deceiving, or untruthful advertising matter, promotional literature, or testimonial, or advertising that violates a provision of this article;
(15) is professionally, physically, or mentally incompetent;
(16) promotes the sale of devices, appliances, or goods to a patient so as to exploit the patient for financial gain;
(17) behaves immorally in the practice of electrology;
(18) commits an act of unprofessional conduct in the practice of electrology;
(19) does not comply with infection control standards for the practice of electrology as established by the Centers for Disease Control or another agency mandated by the committee in regulation, including, but not limited to, failure to submit to independent sterilization testing; or
(20) fails to remedy a violation of a regulation noted as a result of an office inspection.
(B) If a license is suspended or revoked for a period of more than one year, the board, upon the recommendation of the committee, may reinstate the license after one year.
Section 40-47-1790. (A) If after a hearing under Section 40-47-1795, the committee finds that there are grounds under Section 40-47-1785 to suspend or revoke a license, an individual whose license is being revoked or suspended shall return the license to the committee. If the license is lost, the individual shall submit a notarized statement to that effect to the committee.
(B) If after a hearing under Section 40-47-1795, the committee finds that there are grounds under Section 40-47-1785 to suspend or revoke a license, the board, upon recommendation of the committee,
may impose a penalty instead of suspending the license or in addition to suspending or revoking the license.
(C) The board, upon the recommendation of the committee, shall promulgate regulations to set standards for the imposition of penalties under this section.
(D) The committee shall use a penalty collected under this section to reimburse its costs for enforcing the terms of this article and the rules promulgated pursuant to this article, and shall provide any excess to the board for deposit with the State Treasurer as provided for by law.
Section 40-47-1795. (A) Before taking an action under Section 40-47-1780, 40-47-1785, or 40-47-1790, the committee shall give the person against whom the action is contemplated an opportunity for a hearing before the committee.
(B) The committee shall give notice in writing at least thirty days before the hearing and hold the hearing pursuant to the Administrative Procedures Act.
(C) The person may be represented at the hearing by counsel.
(D) The board, upon request of the committee, shall issue subpoenas, and the committee shall administer oaths in connection with a proceeding under this section.
(E) If after due notice the person against whom the action is contemplated fails or refuses to appear, the committee may hear and determine the matter in the person's absence.
Section 40-47-1800. A person aggrieved by a final decision of the board, upon the recommendation of the committee, in a contested case, as defined in the Administrative Procedures Act, may appeal the decision in accordance with the Administrative Procedures Act."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. JEFFERSON explained the amendment.
Rep. G. M. SMITH moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
H. 4580 (Word version) -- Reps. Jefferson, Hosey, Mitchell, Gilliard, Gagnon and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 44-7-263 SO AS TO PROVIDE THAT MEDICAL FOSTER HOMES APPROVED AND ANNUALLY REVIEWED BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS PROVIDING CARE EXCLUSIVELY TO THREE OR FEWER VETERANS ARE EXEMPT FROM THE PROVISIONS OF CHAPTER 7, TITLE 44 IN REGARD TO HOSPITALS, NURSING HOMES, AND OTHER FACILITIES REQUIRED TO BE LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 to H. 4580 (COUNCIL\ NL\4580C001.NL.SD16), which was adopted:
Amend the bill, as and if amended, by striking Section 44-7-263, as contained in SECTION 1, and inserting:
/ Section 44-7-263. Notwithstanding the provisions of Section 44-7-260, the provisions of this chapter do not apply to any home or facility approved and annually reviewed by the United States Department of Veterans Affairs as a Medical Foster Home in which care is provided exclusively to three or fewer veterans. /
Renumber sections to conform.
Amend title to conform.
Rep. DOUGLAS 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:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Bales Ballentine Bamberg Bannister Bernstein Bingham Bowers Bradley G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning
Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Fry Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hart Hayes Henderson Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King Kirby Knight Loftis Lowe Lucas Mack McCoy McEachern M. S. McLeod W. J. McLeod Mitchell D. C. Moss V. S. Moss Murphy Nanney Newton Norman Ott Pitts Pope Putnam Riley Rivers Robinson-Simpson Ryhal Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Toole Weeks Wells Whitmire Williams Willis Yow
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. DOUGLAS, with unanimous consent, it was ordered that H. 4580 (Word version) be read the third time tomorrow.
The following Bill was taken up:
S. 339 (Word version) -- Senators Lourie and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT "HOPE'S LAW" BY ADDING SECTION 44-115-160 SO AS TO REQUIRE MAMMOGRAM PROVIDERS TO PROVIDE A MAMMOGRAM REPORT TO PATIENTS ABOUT BREAST DENSITY AND TO REQUIRE THESE PROVIDERS TO INCLUDE A CONSPICUOUS NOTICE WHEN A MAMMOGRAM SHOWS THE PRESENCE OF DENSE BREAST TISSUE.
Rep. TALLON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 849 (Word version) -- Senators Cromer, Allen and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 TO CHAPTER 71, TITLE 38 SO AS TO PROVIDE PROCEDURES GOVERNING THE MAXIMUM ALLOWABLE COST REIMBURSEMENTS FOR GENERIC PRESCRIPTION DRUGS BY PHARMACY BENEFIT MANAGERS, TO PROVIDE NECESSARY DEFINITIONS, TO EXEMPT THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES IN THE PERFORMANCE OF ITS DUTIES IN ADMINISTERING MEDICAID UNDER TITLES XIX AND XXI OF THE SOCIAL SECURITY ACT, TO PROVIDE REQUIREMENTS FOR PLACING DRUGS ON MAXIMUM ALLOWABLE COST LISTS BY PHARMACY BENEFIT MANAGERS, AND TO PROVIDE VARIOUS REQUIREMENTS OF PHARMACY BENEFIT MANAGERS; TO PROVIDE CONTRACTS BETWEEN PHARMACIES AND PHARMACY BENEFIT MANAGERS THAT ARE ENTERED INTO, RENEWED, OR EXTENDED ON OR AFTER THE EFFECTIVE DATE OF THIS ACT; AND TO MAKE THE PROVISIONS OF THIS ACT EFFECTIVE JANUARY 1, 2016.
Rep. TALLON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4763 (Word version) -- Reps. Pope, D. C. Moss, Yow, Hardee, Duckworth, Johnson, Goldfinch, Southard, Long, Felder, Taylor, George, Simrill, Jordan, Chumley, Clemmons, Sandifer, Wells, Whitmire, Funderburk and Tallon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-7-180 SO AS TO CREATE THE INTERNET CRIMES AGAINST CHILDREN FUND TO INVESTIGATE, PROSECUTE, AND PREVENT INTERNET CRIMES AGAINST CHILDREN; AND TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, ALL AS AMENDED, ALL RELATING TO ADDITIONAL ASSESSMENTS IMPOSED BY CERTAIN COURTS, SO AS TO REVISE THE AMOUNT OF AN ASSESSMENT THAT A PERSON MUST PAY.
Rep. PITTS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4492 (Word version) -- Reps. Putnam, Clyburn, Collins, Clary, Erickson, Long, Ryhal, Herbkersman, Newton, Tinkler, Jordan, Hicks, McCoy, M. S. McLeod, Douglas, Henegan, Allison, G. M. Smith, Funderburk and Finlay: A BILL TO AMEND SECTION 63-7-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF CHILD ABUSE AND NEGLECT HEARINGS, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE TEN DAYS NOTICE OF A HEARING TO, AMONG OTHERS, FOSTER
PARENTS AND TO REQUIRE THE NOTICE TO INFORM FOSTER PARENTS OF THE RIGHT TO SUBMIT A REPORT TO THE COURT; TO AMEND SECTION 63-7-1700, AS AMENDED, RELATING TO PERMANENCY PLANNING FOR CHILDREN IN FOSTER CARE, SO AS TO REQUIRE THE DEPARTMENT TO PROVIDE NOTICE OF A PERMANENCY PLANNING HEARING TO FOSTER PARENTS AND OTHER PERSONS PROVIDING CARE FOR A CHILD; AND TO AMEND SECTION 63-11-720, RELATING TO FUNCTIONS OF THE FOSTER CARE REVIEW BOARD, SO AS TO REQUIRE THE FOSTER CARE REVIEW BOARD TO ADVISE FOSTER PARENTS ABOUT THE RIGHT TO SUBMIT A REPORT TO AND BE HEARD BY THE COURT AT A HEARING CONCERNING THE CHILD.
Rep. MCCOY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4398 (Word version) -- Reps. Clemmons, Yow, Burns, Pitts, McCoy and Hicks: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM BANKRUPTCY PROCEEDINGS OR ATTACHMENT, LEVY, AND SALE, SO AS TO EXEMPT THREE FIREARMS OF ANY VALUE AND ONE THOUSAND ROUNDS OF AMMUNITION FOR EACH FIREARM OWNED BY THE DEBTOR.
Rep. CLEMMONS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3039 (Word version) -- Reps. Daning, Cobb-Hunter, George, D. C. Moss, J. E. Smith, Weeks and W. J. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 38 TO TITLE 6 SO AS TO ENACT THE "DILAPIDATED BUILDINGS ACT", TO PROVIDE DEFINITIONS, TO PROVIDE THAT A COUNTY OR MUNICIPALITY MAY BRING A CAUSE OF ACTION AGAINST THE OWNER OF PROPERTY NOT IN SUBSTANTIAL COMPLIANCE WITH CERTAIN MUNICIPAL OR COUNTY ORDINANCES, TO IDENTIFY WHO MAY SERVE AS A COURT-APPOINTED RECEIVER FOR PROPERTY SUBJECT TO THIS CAUSE OF ACTION, TO DESIGNATE THE POWERS OF A COURT-APPOINTED RECEIVER, TO ESTABLISH REPORTING REQUIREMENTS OF THE COUNTY OR MUNICIPALITY CONCERNING A VIOLATION AGAINST WHICH THE COUNTY OR MUNICIPALITY MAY BRING A CAUSE OF ACTION UNDER THIS ACT, AND TO PROVIDE CERTAIN REMEDIES AND PROCEDURES.
Rep. WEEKS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3167 (Word version) -- Reps. Tallon, Long, G. R. Smith, Pitts, Toole, Pope, Simrill, Johnson, Felder, Kennedy, Jordan, Goldfinch, Clemmons, Duckworth, Fry, Hardee, Ryhal, Yow, Gagnon, Willis, Rutherford, Hixon, Taylor, Hill, Howard, Williams, Douglas, Dillard, Hayes, Daning, Crosby, George, Bales, Bradley, Murphy, Bannister, Delleney, Bingham, McKnight and Kirby: A BILL TO AMEND SECTION 7-13-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTABLE FORMS OF IDENTIFICATION REQUIRED OF A PERSON WHEN HE PRESENTS HIMSELF TO VOTE, SO AS TO INCLUDE A VALID
AND CURRENT SOUTH CAROLINA RESIDENT CONCEALED WEAPON PERMIT AS AN AUTHORIZED FORM OF IDENTIFICATION.
Rep. HART made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3952 (Word version) -- Rep. Bannister: A BILL TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMERGENCY ADMISSION OF A PERSON LIKELY TO CAUSE SERIOUS HARM TO HIMSELF OR OTHERS, SO AS TO ADD A PERSON WHO MAY BECOME GRAVELY DISABLED IF NOT IMMEDIATELY HOSPITALIZED; TO AMEND SECTION 44-17-430, AS AMENDED, RELATING TO THE EXAMINATION UNDER CUSTODY OF A PERSON REQUIRING IMMEDIATE HOSPITALIZATION WHEN EXAMINATION IS NOT OTHERWISE POSSIBLE, SO AS TO ADD A PERSON WHO MAY BECOME GRAVELY DISABLED IF NOT IMMEDIATELY HOSPITALIZED; AND TO AMEND SECTION 44-17-440, RELATING TO THE CUSTODY AND TRANSPORT OF A PERSON REQUIRING IMMEDIATE CARE, SO AS TO REQUIRE A STATE OR LOCAL LAW ENFORCEMENT OFFICER WITH CRISIS INTERVENTION TRAINING AND DRESSED IN CIVILIAN CLOTHES OR AN EMERGENCY MEDICAL TECHNICIAN TO TAKE INTO CUSTODY AND TRANSPORT THE PERSON TO THE HOSPITAL.
The Committee on Judiciary proposed the following Amendment No. 1 to H. 3952 (COUNCIL\DKA\3952C001.DKA.SA16):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 44-23-10 of the 1976 Code, as last amended by Act 47 of 2011, is amended to read:
"Section 44-23-10. When used in this chapter, Chapter 9, Chapter 11, Chapter 13, Articles 3, 5, 7, and 9 of Chapter 17, Chapter 24, Chapter 27, Chapter 48, and Chapter 52, unless the context clearly indicates a different meaning:
(1) 'Attending physician' means the staff physician charged with primary responsibility for the treatment of a patient.
(2) 'Conservator' means a person who legally has the care and management of the estate of one who is incapable of managing his own estate, whether or not he has been declared legally incompetent.
(3) 'Department' means the South Carolina Department of Mental Health.
(4) 'Designated examiner' means a physician licensed by the Board of Medical Examiners of this State or a person registered by the department as specially qualified, under standards established by the department, in the diagnosis of mental or related illnesses.
(5) 'Director' means the director of the South Carolina Department of Mental Health.
(6) 'Discharge' means an absolute release or dismissal from an institution or a hospital.
(7) 'Gravely disabled' means a person who, due to mental illness, lacks sufficient insight or capacity to make responsible decisions with respect to his treatment and because of this condition is likely to cause harm to himself through neglect, inability to care for himself, personal injury, or otherwise.
(8) 'Guardian' or 'legal guardian' means a person who legally has the care and management of the person of one who is not sui juris.
(8)(9) 'Hospital' means a public or private hospital.
(9)(10) 'Interested person' means a parent, guardian, spouse, adult next of kin, or nearest friend.
(10)(11) 'Leave of absence' means a qualified release from an institution or a hospital.
(11)(12) 'Licensed physician' means an individual licensed under the laws of this State to practice medicine or a medical officer of the government of the United States while in this State in the performance of official duties.
(12)(13) 'Likelihood of serious harm' means because of mental illness there is:
(a) a substantial risk of physical harm to the person himself as manifested by evidence of threats of, or attempts at, suicide or serious bodily harm;
(b) a substantial risk of physical harm to other persons as manifested by evidence of homicidal or other violent behavior and serious harm to them; or
(c) a very substantial risk of physical impairment or injury to the person himself as manifested by evidence that the person's person is gravely disabled and that reasonable provision for the person's protection is not available in the community.
(13)(14) 'Mental health clinic' means an institution, or part of an institution, maintained by the department for the treatment and care on an outpatient basis.
(14)(15) 'Nearest friend' means any responsible person who, in the absence of a parent, guardian, or spouse, undertakes to act for and on behalf of another individual who is incapable of acting for himself for that individual's benefit, whether or not the individual for whose benefit he acts is under legal disability.
(15)(16) 'Nonresident licensed physician' means an individual licensed under the laws of another state to practice medicine or a medical officer of the government of the United States while performing official duties in that state.
(16)(17) 'Observation' means diagnostic evaluation, medical, psychiatric and psychological examination, and care of a person for the purpose of determining his mental condition.
(17)(18) 'Officer of the peace' means any state, county, or city police officer, officer of the State Highway Patrol, sheriff, or deputy sheriff.
(18)(19) 'Parent' means natural parent, adoptive parent, stepparent, or person with legal custody.
(19)(20) 'Patient' means a person who seeks hospitalization or treatment under the provisions of this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 27, Chapter 48, and Chapter 52 or any person for whom such hospitalization or treatment is sought.
(20) (21) 'Person with a mental illness' means a person with a mental disease to such an extent that, for the person's own welfare or the welfare of others or of the community, the person requires care, treatment, or hospitalization.
(21)(22) 'Person with intellectual disability' means a person, other than a person with a mental illness primarily in need of mental health services, whose inadequately developed or impaired intelligence and adaptive level of behavior require for the person's benefit, or that of the public, special training, education, supervision, treatment, care, or
control in the person's home or community or in a service facility or program under the control and management of the Department of Disabilities and Special Needs.
(22)(23) 'State hospital' means a hospital, or part of a hospital, equipped to provide inpatient care and treatment and maintained by the department.
(23)(24) 'State mental health facility' or 'facility' means any hospital, clinic, or other institution maintained by the department.
(24)(25) 'State of citizenship' means the last state in which a person resided for one or more consecutive years, exclusive of time spent in public or private hospitals and penal institutions or on parole or unauthorized absence from such hospitals and institutions and of time spent in service in any of the Armed Forces of the United States; the residence of a person must be determined by the actual physical presence, not by the expressed intent of the person.
(25)(26) 'Treatment' means the broad range of emergency, outpatient, intermediate, and inpatient services and care that may be extended to a patient, including diagnostic evaluation and medical, psychiatric, psychological, and social service care and vocational rehabilitation and counseling."
SECTION 2. Section 44-17-410(1) of the 1976 Code is amended to read:
"(1) written affidavit under oath by a person stating:
(a) a belief that the person is mentally ill as defined in Section 44-23-10 and because of this condition is likely to cause serious harm to himself or others as defined in Section 44-23-10, if not immediately hospitalized;
(b) the specific type of serious harm thought probable if the person is not immediately hospitalized and the factual basis for this belief;"
SECTION 3. Section 44-17-440 of the 1976 Code is amended to read:
"Section 44-17-440. (A) The certificate required by Section 44-17-410, emergency admission, must authorize and require a state or local law enforcement officer, preferably in civilian clothes and preferably with crisis intervention training, to take into custody and transport the person to the hospital designated by the certification. No person may be taken into custody after the expiration of three days from the date of certification. A friend or relative may transport the individual to the mental health facility designated in the application or engage the services of an emergency medical technician as defined by Section
44-61-310, if the friend or relative has read and signed a statement on the certificate which clearly states that it is the responsibility of a state or local law enforcement officer to provide timely transportation for the patient and that the friend or relative freely chooses to assume that responsibility and liability. A friend or relative who chooses to transport the patient is not entitled to reimbursement from the State for the cost of the transportation. An officer acting in accordance with this article is immune from civil liability. Upon entering a written agreement between the local law enforcement agency, the governing body of the local government, and the directors of the community mental health centers, an alternative transportation program utilizing peer supporters and case managers may be arranged for nonviolent persons requiring mental health treatment. The agreement clearly must define the responsibilities of each party and the requirements for program participation.
(B) For transportation of an individual who is committed but not yet admitted to a facility, who needs to be transported from a mental health center or an emergency department of a hospital to another facility for admission, the individual may be transported by an emergency medical technician.
(C) For an individual who has eloped after commitment, a request for an order to search, locate, and return must be issued by the probate court and transportation must be by a state or local law enforcement officer."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. BANNISTER explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1.
On motion of Rep. PITTS, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Education and Public Works:
H. 5163 (Word version) -- Reps. Pitts and Willis: A BILL TO AMEND SECTION 56-3-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' ISSUANCE OF DEALER LICENSE PLATES, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL SUPPLY AN ADDITIONAL TWO LICENSE PLATES TO A FULL-SERVICE DEALER WHO CAN DEMONSTRATE THE PRESENCE OF A SERVICE GARAGE AT HIS DEALERSHIP.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4328 (Word version) -- Rep. White: A BILL TO AMEND SECTION 12-8-1530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUARTERLY INCOME TAX WITHHOLDINGS, SO AS TO CHANGE THE DUE DATE OF THE FOURTH QUARTER RETURN FROM THE LAST DAY OF FEBRUARY TO THE LAST DAY OF JANUARY; AND TO AMEND SECTION 12-8-1550, RELATING TO THE DUE DATE FOR FILING STATEMENTS REGARDING INCOME TAX WITHHOLDINGS WITH THE DEPARTMENT OF REVENUE, SO AS TO CHANGE THE DUE DATE FROM THE LAST DAY OF FEBRUARY TO THE LAST DAY OF JANUARY.
Rep. WHITE explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Bales Ballentine Bamberg Bannister Bernstein Bowers Bradley R. L. Brown Burns Clary Clemmons Cole Collins H. A. Crawford Crosby Delleney Douglas Duckworth Erickson Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Govan
Hamilton Hardee Hart Henderson Henegan Hicks Hill Hiott Hodges Hosey Howard Huggins Jefferson Johnson Jordan King Kirby Loftis Lowe Lucas Mack McEachern M. S. McLeod W. J. McLeod Mitchell Murphy Nanney Newton Ott Parks Pitts Pope Putnam Quinn Ridgeway Rivers Robinson-Simpson G. R. Smith J. E. Smith Sottile Southard Spires Stringer Taylor Toole Weeks White Whitmire Williams Willis Yow
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Concurrent Resolution was taken up:
H. 4851 (Word version) -- Reps. G. M. Smith and Weeks: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE OVERPASS LOCATED ALONG LAFAYETTE DRIVE IN THE CITY OF SUMTER "SCHP PATROLMAN JIMMY A. TRAYLOR MEMORIAL BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THIS DESIGNATION.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 5087 (Word version) -- Reps. Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF ALLIGATOR ROAD IN FLORENCE COUNTY FROM ITS INTERSECTION WITH SAVANNAH GROVE ROAD TO ITS INTERSECTION WITH WHIPPORWILL ROAD "DR. RALPH W. CANTY, SR. HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS ROAD THAT CONTAIN THIS DESIGNATION.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
S. 1134 (Word version) -- Senators Verdin and L. Martin: A CONCURRENT RESOLUTION TO RENAME THE PORTION OF SOUTH CAROLINA HIGHWAY 124 IN GREENVILLE COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 123 TO THE GREENVILLE COUNTY LINE FROM "JOE ANDERS HIGHWAY" TO "JOE ANDERS MEMORIAL HIGHWAY" AND ERECT
APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THIS DESIGNATION.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. DELLENEY.
The following Bill was taken up:
H. 3868 (Word version) -- Reps. Pitts, White, Goldfinch, Hardee, Bales, Gambrell and Gagnon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "WETLANDS CONSERVATION ACT"; TO AMEND SECTION 12-24-95, RELATING TO DEED RECORDING FEES, SO AS TO INCREASE THE PORTION OF A STATE DEED RECORDING FEE THAT MUST BE CREDITED TO THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND FROM TWENTY-FIVE CENTS TO THIRTY CENTS; TO AMEND SECTION 48-59-60, RELATING TO THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND, SO AS TO REQUIRE THAT ANY FUNDS COLLECTED BY THE SOUTH CAROLINA CONSERVATION BANK IN EXCESS OF THE AMOUNT AUTHORIZED IN THE ANNUAL APPROPRIATIONS BILL MUST BE TRANSFERRED TO THE DEPARTMENT OF NATURAL RESOURCES; TO AMEND SECTION 48-59-70, RELATING TO TRUST FUND GRANTS AND CONSERVATION CRITERIA, SO AS TO ADD ISOLATED WETLANDS AND CAROLINA BAYS TO THE CONSERVATION CRITERIA, TO ADD THE VALUE OF A PROPOSAL ON WILDLIFE MANAGEMENT AREAS OWNED AND MANAGED BY THE DEPARTMENT OF NATURAL RESOURCES TO THE CONSERVATION CRITERIA, AND TO ALLOW THE BOARD TO AUTHORIZE UP TO EIGHT AND THIRTY-THREE ONE HUNDREDTHS PERCENT OF THE MONIES CREDITED TO THE TRUST FUND TO APPLICATIONS THAT SOLELY MEET THE NEW CONSERVATION CRITERIA AND LIMIT THE AWARD OF MONEY TO APPLICATIONS FOR ACQUISITION OF INTERESTS IN LAND SOLELY FOR THE SITES OF HISTORICAL OR ARCHAEOLOGICAL SIGNIFICANCE; TO AMEND SECTION 48-
59-75, RELATING TO RESTRICTIONS ON THE TRANSFER OF DEED RECORDING FEES TO THE TRUST FUND, SO AS TO PROVIDE THE TRANSFER OF RECORDING FEES AND OTHER APPROPRIATED FUNDS TO THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND MUST BE DECREASED BY TWICE THE AVERAGE PERCENTAGE REDUCTION OF APPROPRIATIONS TO EACH AGENCY AND DEPARTMENT IN A FISCAL YEAR WHEN THE GENERAL ASSEMBLY PROVIDES LESS APPROPRIATIONS THAN WHAT WAS PROVIDED FOR IN THE PREVIOUS YEAR TO AT LEAST ONE-HALF OF ALL STATE AGENCIES OR DEPARTMENTS.
Rep. PITTS moved to adjourn debate on the Bill until Tuesday, April 19, which was agreed to.
The following Bill was taken up:
H. 3878 (Word version) -- Reps. White, Pope, Clemmons, Duckworth, Goldfinch, Hardwick, Johnson, H. A. Crawford, George, Yow, Ryhal, Hardee, Hayes, Kirby, Bradley, Newton, Erickson and Long: A BILL TO AMEND SECTION 12-6-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX RATES FOR INDIVIDUALS, ESTATES, AND TRUSTS, SO AS TO INCREASE THE SIZE OF THE TAX BRACKETS FOR EACH TAX RATE; AND TO AMEND SECTION 12-6-520, RELATING TO THE ANNUAL ADJUSTMENT OF INCOME TAX BRACKETS, SO AS PROVIDE THE BRACKETS SHALL NOT BE ADJUSTED IN TAX YEARS 2016 AND 2017.
Rep. PITTS moved to adjourn debate on the Bill Tuesday April 19, which was agreed to.
The following Bill was taken up:
S. 454 (Word version) -- Senators Campsen and Turner: A BILL TO AMEND CHAPTER 9, TITLE 50 OF THE 1976 CODE, RELATING TO HUNTING AND FISHING LICENSES, TO PROVIDE THAT A PERSON MUST HAVE IMMEDIATE ACCESS AND AUTHORIZATION TO UTILIZE DEER QUOTA TAGS TO HUNT
ON PROPERTY WITH A DEER QUOTA PROGRAM PERMIT, TO PROVIDE FOR THE DEER QUOTA PROGRAM AND REQUIREMENTS FOR APPLICATION THERETO, TO PROVIDE THAT A PERSON MUST POSSESS A SET OF INDIVIDUAL DEER TAGS FROM THE DEPARTMENT TO HUNT ON PROPERTY WITHOUT A DEER QUOTA PROGRAM PERMIT, TO SET THE DEER TAG FEES FOR IN AND OUT OF STATE RESIDENTS; TO AMEND SECTION 50-9-920(B)(6) OF THE 1976 CODE, RELATING TO REVENUES FROM THE SALE OF PRIVILEGES, LICENSES, PERMITS, AND TAGS, TO SUBSTITUTE DEER QUOTA PROGRAM PERMIT FOR ANTLERLESS DEER QUOTA PERMIT; TO AMEND SECTION 50-9-920(B)(7) OF THE 1976 CODE, TO REMOVE "ANTLERLESS" AND SUBSTITUTE "INDIVIDUAL"; TO AMEND CHAPTER 11, TITLE 50 OF THE 1976 CODE, RELATING TO THE PROTECTION OF GAME, TO PROVIDE FOR THE BAG LIMITS FOR ANTLERED AND ANTLERLESS DEER, AND THE LIMIT FOR DEER ON PROPERTY ENROLLED IN THE DEER QUOTA PROGRAM, TO PROVIDE THAT IT SHALL BE UNLAWFUL TO TAKE MORE THAN THE LEGAL LIMIT OF DEER, AND TO PROVIDE FOR THE PENALTIES FOR VIOLATIONS OF THE SECTION; TO AMEND CHAPTER 11, TITLE 50 OF THE 1976 CODE, RELATING TO THE PROTECTION OF GAME, TO PROVIDE THAT THE DEPARTMENT SHALL ISSUE DEER TAGS AND TO PROVIDE FOR THE CIRCUMSTANCES SURROUNDING THE VALIDITY OF SUCH TAGS, TO PROVIDE THAT ALL DEER TAKEN MUST BE TAGGED, TO PROVIDE THAT IT SHALL BE UNLAWFUL TO POSSESS, MOVE, OR TRANSPORT AN UNTAGGED DEER, TO POSSESS MORE THAN ONE SET OF DEER TAGS OR TAGS ISSUED IN ANOTHER'S NAME, AND TO ALTER A DEER TAG FOR FRAUDULENT OR UNLAWFUL PURPOSES, AND TO PROVIDE FOR THE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-11-390 OF THE 1976 CODE, RELATING TO DEPARTMENTAL AUTHORITY OVER GAME ZONES, TO AUTHORIZE THE DEPARTMENT TO PROMULGATE NECESSARY REGULATIONS RELATED TO THE TAKING OF DEER; AND TO REPEAL SECTION 50-11-335 OF THE 1976 CODE.
The Committee on Agriculture, Natural Resources and Environmental Affairs proposed the following Amendment No. 1 to S. 454 (COUNCIL\ GT\454C002.GT.CM16), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 50-9-650 of the 1976 Code, as added by Act 233 of 2010, is amended to read:
"Section 50-9-650. (A) For the privilege of taking antlerless deer, in addition to the required hunting license and big game permit, a hunter shall obtain an annual individual antlerless deer tag issued in his name, and the fee:
(1) for a resident is five dollars per tag;
(2) for a nonresident is five dollars per tag.
(A)(1) For the privilege of hunting and taking deer on property with a Deer Quota Program permit, a person must possess the required hunting license, any other required permits, and have access and authorization to utilize Deer Quota Program tags for the property on which the person is hunting.
(B)(2) A landowner or lessee may apply to the Antlerless Deer Quota Program for an antlerless deer quota a permit at a cost of fifty dollars per land tract application. The applicant may request a quota for anterless deer, antlered deer, or both antlered and anterless deer. The department shall determine an appropriate quota of tags number of Deer Quota Program tags for antlered and antlerless deer to be issued under each permit, and there is no cost for these tags.
(B)(1) For the privilege of hunting and taking deer on property without a Deer Quota Program permit, a person must obtain required hunting license, any other required permits, and a set of individual deer tags from the department issued in the person's name.
(2)(a) With the purchase of a South Carolina hunting license and a big game permit, a resident shall be issued eight date-specific individual anterless deer tags which are valid only on specified days and three unrestricted individual antlered deer tags. Persons under the age of sixteen, lifetime, and gratis licensees may receive these tags upon request to the department. Residents, including persons under the age of sixteen, lifetime, and gratis licensees also may purchase:
(i) two antler restriction individual antlered deer tags valid for deer with a minimum of four points on one antler or a minimum twelve-inch inside antler spread for five dollars per tag; and
(ii) additional individual anterless deer tags for five dollars per tag.
(b) Fees for nonresident deer tags are as follows:
(i) fifty dollars for the first antlered deer tag and twenty dollars for each additional antlered deer tag up to a maximum of four
tags; two of which must be an antler restriction individual antlered deer tag valid only for deer with a minimum of four points on one antler or a minimum twelve-inch inside antler spread; and
(ii) ten dollars per individual anterless deer tag."
SECTION 2. Section 50-9-920(B)(6) of the 1976 Code, as last amended by Act 94 of 2013, is further amended to read:
"(6) antlerless deer quota permit (ADQP) Deer Quota Program permit shall be exclusively used to administer the ADQP program Deer Quota Program and for deer management and research;"
SECTION 3. Section 50-9-920(B)(7) of the 1976 Code, as last amended by Act 94 of 2013, is further amended to read:
"(7) individual antlerless and nonresident antlered deer tags shall be used as follows:
(a) eighty percent to administer the tag program, deer management, and research; and
(b) the remaining twenty percent for law enforcement;"
SECTION 4. Section 50-9-920(B) of the 1976 Code, as last amended by Act 94 of 2013, is further amended by adding an appropriately numbered item at the end:
"() resident antler restriction individual antlered deer tags shall be used to administer the Coyote Management Program."
SECTION 5. Article 3, Chapter 11, Title 50 of the 1976 Code is amended by adding:
"Section 50-11-315. (A) The bag limit for antlered deer taken with individual antlered deer tags is five per year for all seasons combined of which two have antler restrictions with a minimum of four points on one antler or a minimum twelve-inch inside antler spread. No more than two antlered deer may be taken daily. For the purpose of this section:
(1) a point is a projection that is at least one inch long and longer than wide at some location at least one inch from the tip of the projection; and
(2) inside antler spread is measured at a right angle to the center line of the skull at its widest point between the main beams. No more than two antlerless deer may be taken daily with individual tags.
(B) The bag limit for deer taken on property with a Deer Quota Program permit shall be set by the department.
(C) It is unlawful to take more than the legal limit of deer. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than five
hundred dollars or imprisoned for not more than thirty days. Each animal over the limit is a separate offense."
SECTION 6. Article 3, Chapter 11, Title 50 of the 1976 Code is amended by adding:
"Section 50-11-320. (A) The department will issue tags for the hunting and taking of deer.
(1) Antlered deer tags issued to individuals are valid statewide as prescribed by the department except on property with a Deer Quota Program permit for antlered deer.
(2) Antlerless deer tags issued to individuals are valid statewide as prescribed by the department except on property with a Deer Quota Program permit for antlerless deer.
(3) Deer Quota Program tags are valid only on properties for which they are issued.
(B)(1) Deer taken pursuant to individual deer tags, during any season regardless of weapon, must be tagged with a valid individual deer tag. Each tag must be attached to the deer as prescribed by the department before the animal is moved from the point of kill.
(2) Deer taken pursuant to Deer Quota Program tags must be tagged with a valid Deer Quota Program tag and reported to the department as prescribed. Each tag must be attached to the deer as prescribed by the department before the animal is moved from the point of kill.
(C) It is unlawful for an individual:
(1) to harvest or attempt to harvest a deer on property with a Deer Quota Program permit without having access and authorization to utilize Deer Quota Program tags for the property on which the person is hunting;
(2) to harvest or attempt to harvest a deer on property without a Deer Quota Program permit unless the person possesses a set of individual deer tags issued in the person's name;
(3) to possess, move, or transport an untagged deer;
(4) to possess more than one set of deer tags or tags issued in another person's name; and
(5) to alter a deer tag for fraudulent or unlawful purposes.
(D) A person who violates this section is guilty of a misdemeanor, and upon conviction, must be fined not less than fifty dollars nor more than five hundred dollars or imprisoned for not more than thirty days."
SECTION 7. Section 50-11-390 of the 1976 Code, as last amended by Act 233 of 2010, is further amended to read:
"Section 50-11-390. (A)(1) The department Department of Natural Resources may promulgate regulations to permit the taking of antlerless deer between September fifteenth and January first, inclusive. The department may set bag limits and methods for hunting and taking of antlerless deer and other restrictions for the proper control of hunting and taking of antlerless deer.
(2) The department must establish a minimum number of anterless days as follows:
(a) three days in Game Zone 1;
(b) eight days in Game Zones 2, 3, and 4.
(B) In all game zones, the department may issue individual tags for antlerless deer which must be used as prescribed by the department. These tags are valid statewide, except on properties property receiving antlerless deer quota permits a Deer Quota Program permit for antlerless deer pursuant to subsection (C), and must be possessed and used only by the individual to whom they are issued.
(C) In all game zones, the department may issue antlerless deer quota Deer Quota Program permits to landowners or lessees. The department will determine the appropriate number of Deer Quota Program tags, and issue the tags for the permitted property.
(D) Antlerless deer Deer taken pursuant to individual tags or quota permits a Deer Quota Program permit must be tagged with a valid antlerless deer Deer Quota Program tag and reported to the department as prescribed. Each tag must be attached to the deer as prescribed by the department before the animal is moved from the point of kill. Antlerless deer taken pursuant to quota permits must be tagged, even if taken on designated either-sex days.
(E) The department may suspend the taking of antlerless deer or revoke any Deer Quota Program quota permit or individual tags when environmental conditions or other factors warrant.
(F) It is unlawful to hunt or take, possess, or transport antlerless deer, except as permitted by this section. A person violating the provisions of this section or the provisions for taking antlerless deer established by the department is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty and not more than five hundred dollars or imprisoned not more than thirty days."
SECTION 8. Section 50-11-335 of the 1976 Code is repealed.
SECTION 9. The department shall provide a report of a four-year study by July 1, 2022, to the Chairman of the Senate Fish, Game and Forestry Committee and the Chairman of the House Agriculture, Natural Resources and Environmental Affairs Committee. The report will
include, but will not be limited to, the status of the white-tailed deer population and a review of the tagging program.
SECTION 10. This act takes effect on July 1, 2017. /
Renumber sections to conform.
Amend title to conform.
Rep. HIXON moved to table the amendment, which was agreed to.
Reps. HIXON, HIOTT, RILEY, OTT, KIRBY and CORLEY proposed the following Amendment No. 2 to S. 454 (COUNCIL\GT\ 454C006.GT.CM16), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 50-9-650 of the 1976 Code, as added by Act 233 of 2010, is amended to read:
"Section 50-9-650. (A) For the privilege of taking antlerless deer, in addition to the required hunting license and big game permit, a hunter shall obtain an annual individual antlerless deer tag issued in his name, and the fee:
(1) for a resident is five dollars per tag;
(2) for a nonresident is five dollars per tag.
(A)(1) For the privilege of hunting and taking deer on property with a Deer Quota Program permit, a person must possess the required hunting license, any other required permits, and have access and authorization to utilize Deer Quota Program tags for the property on which the person is hunting.
(B)(2) A landowner or lessee may apply to the Antlerless Deer Quota Program for an antlerless deer quota a permit at a cost of fifty dollars per land tract application. The applicant may request a quota for anterless deer, antlered deer, or both antlered and anterless deer. The department shall determine an appropriate quota of tags number of Deer Quota Program tags for antlered and antlerless deer to be issued under each permit, and there is no cost for these tags.
(B)(1) For the privilege of hunting and taking deer on property without a Deer Quota Program permit, a person must obtain required hunting license, any other required permits, and a set of individual deer tags from the department issued in the person's name.
(2)(a) With the purchase of a South Carolina hunting license and a big game permit, a resident shall be issued eight date-specific individual anterless deer tags which are valid only on specified days and three unrestricted individual antlered deer tags. Persons under the age
of sixteen, lifetime, and gratis licensees may receive these tags upon request to the department. Residents, including persons under the age of sixteen, lifetime, and gratis licensees also may purchase:
(i) two antler restriction individual antlered deer tags valid for deer with a minimum of four points on one antler or a minimum twelve-inch inside antler spread for five dollars per tag; and
(ii) additional individual anterless deer tags for five dollars per tag.
(b) Fees for nonresident deer tags are as follows:
(i) fifty dollars for the first antlered deer tag and twenty dollars for each additional antlered deer tag up to a maximum of four tags; two of which must be an antler restriction individual antlered deer tag valid only for deer with a minimum of four points on one antler or a minimum twelve-inch inside antler spread; and
(ii) ten dollars per individual anterless deer tag."
SECTION 2. Section 50-9-920(B)(6) of the 1976 Code, as last amended by Act 94 of 2013, is further amended to read:
"(6) antlerless deer quota permit (ADQP) Deer Quota Program permit shall be exclusively used to administer the ADQP program Deer Quota Program and for deer management and research;"
SECTION 3. Section 50-9-920(B)(7) of the 1976 Code, as last amended by Act 94 of 2013, is further amended to read:
"(7) individual antlerless and nonresident antlered deer tags shall be used as follows:
(a) eighty percent to administer the tag program, deer management, and research; and
(b) the remaining twenty percent for law enforcement;"
SECTION 4. Section 50-9-920(B) of the 1976 Code, as last amended by Act 94 of 2013, is further amended by adding an appropriately numbered item at the end:
"() resident antler restriction individual antlered deer tags shall be used to administer the Coyote Management Program."
SECTION 5. Article 3, Chapter 11, Title 50 of the 1976 Code is amended by adding:
"Section 50-11-315. (A) The bag limit for antlered deer taken with individual antlered deer tags is five per year for all seasons combined of which two have antler restrictions with a minimum of four points on one antler or a minimum twelve-inch inside antler spread. No more than two antlered deer may be taken daily. For the purpose of this section:
(1) a point is a projection that is at least one inch long and longer than wide at some location at least one inch from the tip of the projection; and
(2) inside antler spread is measured at a right angle to the center line of the skull at its widest point between the main beams. No more than two antlerless deer may be taken daily with individual tags.
(B) The bag limit for deer taken on property with a Deer Quota Program permit shall be set by the department.
(C) It is unlawful to take more than the legal limit of deer. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than five hundred dollars or imprisoned for not more than thirty days. Each animal over the limit is a separate offense."
SECTION 6. Article 3, Chapter 11, Title 50 of the 1976 Code is amended by adding:
"Section 50-11-320. (A) The department will issue tags for the hunting and taking of deer.
(1) Antlered deer tags issued to individuals are valid statewide as prescribed by the department except on property with a Deer Quota Program permit for antlered deer.
(2) Antlerless deer tags issued to individuals are valid statewide as prescribed by the department except on property with a Deer Quota Program permit for antlerless deer.
(3) Deer Quota Program tags are valid only on properties for which they are issued.
(B)(1) Deer taken pursuant to individual deer tags, during any season regardless of weapon, must be tagged with a valid individual deer tag. Each tag must be attached to the deer as prescribed by the department before the animal is moved from the point of kill.
(2) Deer taken pursuant to Deer Quota Program tags must be tagged with a valid Deer Quota Program tag and reported to the department as prescribed. Each tag must be attached to the deer as prescribed by the department before the animal is moved from the point of kill.
(C) It is unlawful for an individual:
(1) to harvest or attempt to harvest a deer on property with a Deer Quota Program permit without having access and authorization to utilize Deer Quota Program tags for the property on which the person is hunting;
(2) to harvest or attempt to harvest a deer on property without a Deer Quota Program permit unless the person possesses a set of individual deer tags issued in the person's name;
(3) to possess, move, or transport an untagged deer which was harvested by hunting in South Carolina;
(4) to use or attempt to use more than one set of deer tags or tags issued in another person's name to harvest a deer; and
(5) to alter a deer tag for fraudulent or unlawful purposes.
(D) A person who violates this section is guilty of a misdemeanor, and upon conviction, must be fined not less than fifty dollars nor more than five hundred dollars or imprisoned for not more than thirty days."
SECTION 7. Section 50-11-390 of the 1976 Code, as last amended by Act 233 of 2010, is further amended to read:
"Section 50-11-390. (A)(1) The department Department of Natural Resources may promulgate regulations to permit the taking of antlerless deer between September fifteenth and January first, inclusive. The department may set bag limits and methods for hunting and taking of antlerless deer and other restrictions for the proper control of hunting and taking of antlerless deer.
(2) The department must establish a minimum number of anterless days as follows:
(a) three days in Game Zone 1;
(b) eight days in Game Zones 2, 3, and 4.
(B) In all game zones, the department may issue individual tags for antlerless deer which must be used as prescribed by the department. These tags are valid statewide, except on properties property receiving antlerless deer quota permits a Deer Quota Program permit for antlerless deer pursuant to subsection (C), and must be possessed and used only by the individual to whom they are issued.
(C) In all game zones, the department may issue antlerless deer quota Deer Quota Program permits to landowners or lessees. The department will determine the appropriate number of Deer Quota Program tags, and issue the tags for the permitted property.
(D) Antlerless deer Deer taken pursuant to individual tags or quota permits a Deer Quota Program permit must be tagged with a valid antlerless deer Deer Quota Program tag and reported to the department as prescribed. Each tag must be attached to the deer as prescribed by the department before the animal is moved from the point of kill. Antlerless deer taken pursuant to quota permits must be tagged, even if taken on designated either-sex days.
(E) The department may suspend the taking of antlerless deer or revoke any Deer Quota Program quota permit or individual tags when environmental conditions or other factors warrant.
(F) It is unlawful to hunt or take, possess, or transport antlerless deer, except as permitted by this section. A person violating the provisions of this section or the provisions for taking antlerless deer established by the department is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty and not more than five hundred dollars or imprisoned not more than thirty days."
SECTION 8. Section 50-11-335 of the 1976 Code is repealed.
SECTION 9. The department shall provide a report of a four-year study by July 1, 2022, to the Chairman of the Senate Fish, Game and Forestry Committee and the Chairman of the House Agriculture, Natural Resources and Environmental Affairs Committee. The report will include, but will not be limited to, the status of the white-tailed deer population and a review of the tagging program.
SECTION 10. Chapter 1, Title 50 of the 1976 Code is amended by adding:
"Section 50-1-305. The Department of Natural Resources is directed to develop and implement a coyote tagging and bounty program within this state. The department must tag and release no less than three coyotes in each of the four game zones and apply a bounty of not less than one thousand dollars per tagged coyote. However, the department's board may at its discretion increase the amount of the bounty. The department must neuter any coyote before it is released. This program shall be a part of the department's Coyote Management Program."
SECTION 11. This act takes effect on July 1, 2017. /
Renumber sections to conform.
Amend title to conform.
Rep. HIXON 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:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Bales Ballentine
Bamberg Bannister Bernstein Bingham Bowers Bradley G. A. Brown R. L. Brown Burns Clary Clemmons Clyburn Cobb-Hunter Cole Collins Crosby Daning Delleney Dillard Douglas Duckworth Erickson Felder Forrester Fry Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hart Hayes Henderson Henegan Hicks Hiott Hixon Hodges Hosey Howard Huggins Jefferson Kennedy King Kirby Loftis Lowe Lucas Mack McCoy McEachern M. S. McLeod W. J. McLeod Merrill Mitchell V. S. Moss Murphy Nanney Newton Pitts Pope Putnam Quinn Riley Rivers Robinson-Simpson Sandifer Simrill G. R. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Toole Wells White Whitmire Williams Willis
Those who voted in the negative are:
H. A. Crawford Hardee Hill Johnson D. C. Moss
So, the Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HIXON, with unanimous consent, it was ordered that S. 454 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3143 (Word version) -- Reps. Ryhal, Long, Hill, Erickson, Toole, Daning, Bales, J. E. Smith, Herbkersman, Jefferson, Williams, Gagnon, Murphy, Robinson-Simpson, Sottile, Hardee, Crosby, Corley, Hixon, Duckworth, Southard, Willis, Allison, Brannon, Dillard, Taylor, Pitts, Hicks and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-51-210 SO AS TO PROVIDE CERTAIN PODIATRIC SURGERY MUST BE PERFORMED IN CERTAIN FACILITIES, TO PROVIDE A PODIATRIST WHO PERFORMS THESE PROCEDURES MUST MEET CERTAIN CRITERIA, TO PROVIDE FOR THE EXTENSION OF PROFESSIONAL PRIVILEGES TO THESE PODIATRISTS BY CERTAIN HEALTH FACILITIES, TO REQUIRE HEALTH FACILITIES IN THIS STATE PROVIDE THE RIGHT TO PURSUE AND PRACTICE FULL CLINICAL AND SURGICAL PRIVILEGES TO PODIATRISTS WHO MEET CERTAIN CRITERIA, TO PROVIDE AN ABILITY TO LIMIT THESE PRIVILEGES IN CERTAIN CIRCUMSTANCES, TO PROVIDE THIS SECTION DOES NOT REQUIRE A HEALTH FACILITY IN THIS STATE TO OFFER A SPECIFIC HEALTH SERVICE NOT OTHERWISE OFFERED, AND TO PROVIDE THAT IF THE FACILITY DOES OFFER A HEALTH SERVICE, IT MAY NOT DISCRIMINATE AMONG CERTAIN HEALTH PROFESSIONALS AUTHORIZED BY LAW TO PROVIDE THESE SERVICES; AND TO AMEND SECTION 40-51-20, RELATING TO DEFINITIONS, SO AS TO REVISE, DELETE, AND ADD CERTAIN DEFINITIONS.
Rep. HOWARD moved to recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs, which was agreed to.
The following Bill was taken up:
H. 4165 (Word version) -- Reps. King, Henegan, Douglas, Williams, M. S. McLeod, Whipper, Gilliard, Parks, Govan, Mitchell and McKnight: A BILL TO
AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "HOMEOWNERS' ASSOCIATION REGIME FEE FAIRNESS TO DEPLOYED SERVICE MEMBERS ACT" BY ADDING SECTION 27-1-75 SO AS TO PROVIDE A HOMEOWNERS' ASSOCIATION MAY NOT ENFORCE A LIEN FOR HOMEOWNERS' ASSOCIATION REGIME FEES THAT ACCRUE AND ARE NOT PAID DURING THE TIME PERIOD THAT THE HOMEOWNER IS DEPLOYED OR MOBILIZED OUTSIDE OF THIS STATE UNTIL THE HOMEOWNER RETURNS FROM DEPLOYMENT, TO PROVIDE A HOMEOWNERS' ASSOCIATION MAY NOT ASSESS OR IMPOSE PENALTIES FOR HOMEOWNERS' ASSOCIATION REGIME FEES NOT PAID DURING THE TIME PERIOD THAT THE HOMEOWNER IS DEPLOYED OR MOBILIZED OUTSIDE OF THIS STATE; TO MAKE THE PROVISIONS OF THIS ACT ALSO APPLICABLE TO DEPENDENTS RESIDING WITH THE SERVICE MEMBER; TO DEFINE NECESSARY TERMINOLOGY; AND TO MAKE THESE PROVISIONS RETROACTIVE TO JANUARY 1, 2015.
The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 to H. 4165 (COUNCIL\BH\ 4165C001.BH.AB16), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting language and inserting:
/ SECTION 1. This act must be known and may be cited as the "Homeowners' Association Regime Fee Fairness to Deployed Service Members Act".
SECTION 2. Chapter 1, Title 27 of the 1976 Code is amended by adding:
"Section 27-1-75. (A) A service member who belongs to a homeowners' association must notify the homeowners' association of orders of deployment upon receipt of deployment notification and pay any regime fees currently due before being deployed. However, for regime fees that become due while the homeowner is deployed, a homeowners' association may not:
(1) enforce a lien for homeowners' association regime fees that accrue and are not paid during the time period that the homeowner is deployed or mobilized outside of this State, and until the homeowner returns from deployment; or
(2) assess or impose penalties for homeowners' association regime fees not paid during the time period that the homeowner is deployed or mobilized outside of this State.
(B) The provisions of this section also apply to dependents residing with the service member.
(C) The provisions of this section may not be waived by contract, and such a purported waiver is void.
(D) The provisions of this section apply only to the service member's primary residence.
(E) Nothing in this section shall waive an obligation of the deployed service member from continuing to maintain the property as defined in declaration or otherwise by law.
(F) As used in this subsection, 'homeowners' association' means an organization that is organized and operated to provide for the acquisition, construction, management, and maintenance of property."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. KING explained the amendment.
The amendment was then adopted.
Reps. FRY and SANDIFER proposed the following Amendment No. 5 to H. 4165 (COUNCIL\NBD\4165C001.NBD.NBD16), which was adopted:
Amend the bill, as and if amended, Section 27-1-75, as contained in SECTION 2, by striking subsection (A) in its entirety and inserting:
/ (A) A service member who belongs to a homeowners' association must notify the homeowners' association of orders of deployment upon receipt of deployment notification. The service member may notify the homeowners' association either by electronic mail or United States Postal Service, and the homeowners' association may not reject a service member's deployment notification on the grounds that it does not comply with another form of notice required by the association. For regime fees that become due while the homeowner is deployed, a homeowners' association may not:
(1) enforce a lien for homeowners' association regime fees that accrue and are not paid during the time period that the homeowner is deployed or mobilized outside of this State, and until the homeowner returns from deployment; or
(2) assess or impose penalties for homeowners' association regime fees not paid during the time period that the homeowner is deployed or mobilized outside of this State. /
Renumber sections to conform.
Amend title to conform.
Rep. FRY 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:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Bales Ballentine Bamberg Bannister Bernstein Bowers Bradley G. A. Brown R. L. Brown Burns Clary Clemmons Clyburn Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Fry Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hart Hayes Henderson Henegan Hicks Hill Hiott Hixon Hodges Hosey Huggins Jefferson Johnson Jordan Kennedy King Kirby Knight Loftis Lowe Lucas Mack McCoy McEachern M. S. McLeod W. J. McLeod Mitchell D. C. Moss V. S. Moss Murphy Nanney Newton Ott Pitts Pope Putnam Quinn Ridgeway
Riley Rivers Robinson-Simpson Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Toole White Whitmire Williams Willis Yow
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. KING, with unanimous consent, it was ordered that H. 4165 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4029 (Word version) -- Reps. Norman, Govan, King, Corley, Hixon, Simrill, Thayer and Alexander: A BILL TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALIMONY AWARDS, SO AS TO CREATE A PRESUMPTION FOR THE AWARD OF LUMP-SUM OR REIMBURSEMENT ALIMONY AND AGAINST THE AWARD OF PERIODIC OR REHABILITATIVE ALIMONY, TO ESTABLISH GUIDELINES FOR AWARDING ALIMONY BASED ON THE DURATION OF THE MARRIAGE, TO PROVIDE THAT THE COURT MAY FIND COHABITATION EVEN IF A PARTY MAINTAINS A RESIDENCE OR DWELLING IN ADDITION TO THE RESIDENCE OR DWELLING WHERE THE PARTY IS COHABITING, TO PROHIBIT THE COURT FROM TAKING INTO CONSIDERATION CERTAIN EARNINGS OR PROPERTIES WHEN DETERMINING A SUPPORTING SPOUSE'S ABILITY TO PAY, TO ALLOW THE
COURT TO CONSIDER THE EXTENT TO WHICH ALIMONY PAID TO A PARTY WHO IS COHABITING IS USED TO CONTINUE OR SUPPORT THE COHABITATION, TO REQUIRE THE COURT TO CONSIDER SOCIAL SECURITY SPOUSAL RETIREMENT BENEFITS AND OTHER RETIREMENT INCOME TO WHICH A SUPPORTED SPOUSE IS ENTITLED WHEN MAKING OR MODIFYING AN ALIMONY AWARD, TO PROHIBIT THE COURT FROM TAKING INTO CONSIDERATION INCOME OR BENEFITS RELATED TO AN INJURY OR DISABILITY OF THE SUPPORTING SPOUSE WHEN DETERMINING THE SUPPORTING SPOUSE'S ABILITY TO PAY; AND TO AMEND SECTION 20-3-170, RELATING TO MODIFICATION, CONFIRMATION, AND TERMINATION OF ALIMONY, SO AS TO CREATE A PRESUMPTION THAT RETIREMENT IS A CHANGE OF CIRCUMSTANCE JUSTIFYING TERMINATION OF ALIMONY WHEN THE SUPPORTING SPOUSE IS ELIGIBLE TO RECEIVE SOCIAL SECURITY RETIREMENT BENEFITS, TO PROVIDE THAT THE COURT SHOULD DECREASE AN ALIMONY AWARD IF A SUPPORTED SPOUSE IS ENTITLED TO RECEIVE CERTAIN SPOUSAL SOCIAL SECURITY RETIREMENT BENEFITS, AND TO PROVIDE THAT THE COURT HAS THE DISCRETION TO MODIFY AN ALIMONY AWARD AT WHATEVER AGE THE SUPPORTING SPOUSE RETIRES.
Rep. MCCOY moved to adjourn debate on the Bill until Wednesday, April 20, which was agreed to.
The following Bill was taken up:
H. 4394 (Word version) -- Reps. Chumley, Burns and Yow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1539 SO AS TO PROVIDE THAT A DRIVER OF A MOTOR VEHICLE APPROACHING A WRECKER OR A TOW TRUCK THAT IS DISPLAYING WARNING SIGNALS MUST PROCEED WITH CAUTION AND, IF POSSIBLE, YIELD THE RIGHT OF WAY BY MAKING A LANE CHANGE INTO A LANE THAT IS NOT ADJACENT TO THE WRECKER OR TOW TRUCK, AND TO PROVIDE PENALTIES.
Rep. PUTNAM moved to adjourn debate on the Bill until Tuesday, April 19, which was agreed to.
Rep. HIXON moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 5220 (Word version) -- Reps. Funderburk, Bales, Alexander, Allison, Anderson, Anthony, Atwater, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE LUGOFF-ELGIN MIDDLE SCHOOL WRESTLING TEAM, COACHES, AND SCHOOL OFFICIALS FOR A REMARKABLE SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2016 SOUTH CAROLINA STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 5221 (Word version) -- Reps. Funderburk and Bales: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH
CAROLINA HOUSE OF REPRESENTATIVES TO THE LUGOFF-ELGIN MIDDLE SCHOOL WRESTLING TEAM OF KERSHAW COUNTY WITH THE 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 2016 SOUTH CAROLINA 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 Lugoff-Elgin Middle School wrestling team of Kershaw County with the 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 2016 South Carolina State Championship title.
The Resolution was adopted.
The following was introduced:
H. 5222 (Word version) -- Reps. Funderburk, Bales, Alexander, Allison, Anderson, Anthony, Atwater, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND SETH HAM, A WRESTLER WITH THE LUGOFF-ELGIN HIGH SCHOOL WRESTLING TEAM, AND
TO CONGRATULATE HIM FOR AN EXTRAORDINARY SEASON AND FOR CAPTURING THE 2016 SOUTH CAROLINA CLASS AAAA STATE CHAMPIONSHIP TITLE IN THE 195-POUND WEIGHT CLASS.
The Resolution was adopted.
The following was introduced:
H. 5223 (Word version) -- Reps. Funderburk, Bales, Alexander, Allison, Anderson, Anthony, Atwater, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR NOAH NORTH, A WRESTLER WITH THE LUGOFF-ELGIN HIGH SCHOOL WRESTLING TEAM, AND TO CONGRATULATE HIM FOR AN OUTSTANDING SEASON AND FOR WINNING THE 2016 SOUTH CAROLINA CLASS AAAA STATE CHAMPIONSHIP TITLE IN THE 145-POUND WEIGHT CLASS.
The Resolution was adopted.
The following was introduced:
H. 5224 (Word version) -- Reps. Hiott, Pitts, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE SOUTH CAROLINA POULTRY FEDERATION AND THE POULTRY INDUSTRY IT REPRESENTS FOR THEIR OUTSTANDING CONTRIBUTIONS TO THE ECONOMY OF THIS GREAT STATE AND TO DECLARE WEDNESDAY, APRIL 20, 2016, AS "SOUTH CAROLINA POULTRY DAY".
The Resolution was adopted.
The following was introduced:
H. 5225 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME NORTH 9TH AVENUE IN THE TOWN OF DILLON "ROBERT MCRAE MEMORIAL AVENUE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS AVENUE THAT CONTAIN THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5226 (Word version) -- Reps. Crosby, Daning, Horne, Merrill, Jefferson, Murphy, George, Gilliard, V. S. Moss, Hosey, Anderson, Mitchell, Sottile, Mack, Bales, R. L. Brown, Hodges, Howard, Norman, Rivers and Tinkler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-31-470 SO AS TO ESTABLISH A PILOT PROGRAM THAT ALLOWS ELECTROLYTIC PROCESSORS TO PURCHASE FROM THE PUBLIC SERVICE AUTHORITY A PORTION OF ITS ELECTRIC REQUIREMENTS AT MARKET-BASED RATES, AMONG OTHER THINGS; AND TO AMEND SECTION 58-31-310, RELATING TO DEFINITIONS CONCERNING THE PROVISION OF ELECTRICAL SERVICE AND THE PUBLIC SERVICE AUTHORITY, SO AS TO DEFINE ADDITIONAL TERMS.
Referred to Committee on Labor, Commerce and Industry
H. 5227 (Word version) -- Reps. Clary, Felder, Stringer, Newton, Jefferson, Henderson, Norman, Putnam, Ridgeway and Taylor: A BILL TO AMEND SECTION 44-41-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CHAPTER 41, TITLE 44, SO AS TO CHANGE THE DEFINITIONS OF "SECOND TRIMESTER OF PREGNANCY" AND "THIRD TRIMESTER OF PREGNANCY"; TO AMEND SECTION 44-41-20, RELATING TO ABORTION LEGALITY, SO AS TO DISALLOW ABORTIONS IN CLINICS AFTER EIGHTEEN WEEKS, WITH EXCEPTIONS; TO AMEND SECTION 44-41-60, RELATING TO ABORTION REPORTING, SO AS TO REQUIRE THE REPORTING OF ADDITIONAL INFORMATION AND INCIDENTS; TO AMEND SECTION 44-41-80, RELATING TO VIOLATIONS OF ABORTION STATUTES, SO AS TO PROHIBIT THE SALE OF PRODUCTS OF CONCEPTION AND ESTABLISH PENALTIES; TO AMEND SECTION 44-41-320 AND SECTION 44-41-330, AS AMENDED, BOTH RELATING TO THE "WOMAN'S RIGHT TO KNOW ACT", SO AS TO REQUIRE AN ULTRASOUND BEFORE PERFORMING AN ABORTION; AND TO AMEND SECTION 44-41-370, RELATING TO APPLICABILITY OF THE WOMAN'S RIGHT TO
KNOW ACT, SO AS TO APPLY TO EVERY FACILITY IN WHICH ANY ABORTION IS PERFORMED.
Referred to Committee on Judiciary
H. 5228 (Word version) -- Rep. Ott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3478 SO AS TO ALLOW A REFUNDABLE STATE INDIVIDUAL INCOME TAX CREDIT EQUAL TO TWENTY PERCENT, UP TO TWO THOUSAND DOLLARS, OF EXPENSES INCURRED BY A TAXPAYER FOR TUTORING AN ELIGIBLE STUDENT OR ENROLLING AN ELIGIBLE STUDENT IN AN OPTIONAL SUPPLEMENTARY EDUCATIONAL PROGRAM.
Referred to Committee on Ways and Means
H. 5229 (Word version) -- Reps. Duckworth, Clemmons, Fry and Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 42 TO TITLE 40 SO AS TO PROMOTE PUBLIC SAFETY BY PROVIDING FOR THE LICENSURE OF LOCKSMITH AGENCIES, TO REQUIRE EMPLOYEE REGISTRATION, TO PROHIBIT LOCKSMITHS FROM HAVING CONVICTIONS FOR SEXUAL OFFENSES OR CERTAIN OTHER CRIMES, TO REQUIRE SIGNED WORK ORDER FORMS WHEN OPENING RESIDENCES, COMMERCIAL ESTABLISHMENTS, AND MOTOR VEHICLES, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Referred to Committee on Labor, Commerce and Industry
H. 5230 (Word version) -- Reps. Clary, Collins and Bannister: A BILL TO AMEND SECTION 59-40-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF CHARTER SCHOOLS, SO AS TO ADD PROVISIONS CONCERNING CHARTER SCHOOLS DESIGNATED AS ALTERNATIVE EDUCATION CAMPUSES AND EDUCATIONALLY DISADVANTAGED STUDENTS; AND TO AMEND SECTION 59-40-111, RELATING TO CHARTER SCHOOLS DESIGNATED AS ALTERNATIVE EDUCATION CAMPUSES, SO AS TO REVISE CRITERIA FOR THIS DESIGNATION TO INCLUDE SCHOOLS WITH FIFTY PERCENT OR MORE OF STUDENTS HAVING DEMONSTRATED NEEDS FOR CERTAIN SPECIALIZED INSTRUCTION RELATED TO LITERACY, AND TO REVISE CONSIDERATIONS OF CERTAIN
DATA THAT MUST BE MADE WHEN MEASURING THE PERFORMANCE OF A CHARTER SCHOOL IN MEETING CERTAIN STATE AND FEDERAL ACCOUNTABILITY STANDARDS.
Referred to Committee on Education and Public Works
H. 5231 (Word version) -- Reps. Robinson-Simpson, Bales, Dillard, Douglas, Henegan, Anderson, Gilliard, Mitchell, Mack and Tinkler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 40, TITLE 27 SO AS TO ENACT THE "INDOOR MOLD REMEDIATION ACT"; TO DEFINE NECESSARY TERMS; TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO SET STANDARDS, PRACTICES, AND GUIDELINES RELATING TO THE ASSESSMENT AND REMEDIATION OF INDOOR MOLD CONTAMINATION; TO ESTABLISH LICENSING REQUIREMENTS FOR INDOOR MOLD ASSESSMENT AND REMEDIATION, AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH AND COLLECT REASONABLE FEES TO ADMINISTER THE PROVISIONS OF THIS ARTICLE; TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR A RESIDENTIAL PROPERTY OWNER WHO RECEIVES NOTICE FROM A TENANT THAT INDOOR MOLD EXISTS IN THE DWELLING UNIT OR COMMON AREA; TO PROVIDE THAT A PROFESSIONAL INDOOR MOLD ASSESSMENT THAT FINDS AN INDOOR MOLD CONTAMINATION CREATES A REBUTTABLE PRESUMPTION OF A VIOLATION OF THE PROPERTY OWNER'S OBLIGATIONS UNDER THIS ARTICLE AND TO PROVIDE THAT A COURT HAS DISCRETION TO REIMBURSE COSTS AND FEES AS WELL AS AWARD TREBLE DAMAGES IN CERTAIN CIRCUMSTANCES; TO ESTABLISH THE INDOOR MOLD ASSESSMENT FUND, TO PROVIDE THAT THE FUND SHALL CONSIST OF REVENUE FROM FEES COLLECTED PURSUANT TO THIS ARTICLE, AND TO AUTHORIZE THE DEPARTMENT TO ADMINISTER GRANTS FROM THIS FUND IN CERTAIN CIRCUMSTANCES; TO ESTABLISH THAT THIS ARTICLE DOES NOT CREATE A PRIVATE RIGHT OF ACTION AGAINST THE STATE OF SOUTH CAROLINA; TO PROVIDE THAT THE REMEDIES PROVIDED UNDER THIS ARTICLE DO NOT SUPPLANT A TENANT'S COMMON LAW RIGHTS AND REMEDIES; AND TO AUTHORIZE THE DEPARTMENT TO
ADOPT RULES AND PROMULGATE REGULATIONS TO ACCOMPLISH THE PURPOSES OF THIS ARTICLE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 5232 (Word version) -- Reps. Henegan, King, M. S. McLeod, Kirby, Robinson-Simpson and Tinkler: A BILL TO AMEND SECTION 44-37-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING IN PART TO INFORMATION PROVIDED BY HOSPITALS TO PARENTS AND CAREGIVERS OF NEWBORN BABIES ABOUT THE IMPORTANCE OF LEARNING HOW TO PERFORM INFANT CPR, SO AS TO REQUIRE A HOSPITAL TO OFFER PARENTS AND CAREGIVERS A VIDEO PRESENTATION AND INFORMATION ABOUT LOCATIONS AT WHICH INFANT CPR TRAINING IS TAUGHT.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 5233 (Word version) -- Reps. Finlay, McCoy, Bannister, Cole, Delleney and W. J. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1645 SO AS TO PROVIDE THAT AN ESTABLISHMENT THAT HOLDS A VALID BEER AND WINE LICENSE AND A LICENSE TO SELL ALCOHOLIC LIQUORS BY THE DRINK MAY SELL WINE WHICH IS NOT IN EXCESS OF TWENTY-ONE PERCENT, AND FORTIFIED WINE TO BE CONSUMED ON AND OFF THE PREMISES; TO AMEND SECTION 61-4-570, RELATING TO WINE SERVICE FOR CONSUMPTION ON PREMISES, SO AS TO PROVIDE THAT AN ESTABLISHMENT THAT HOLDS A VALID BEER AND WINE LICENSE AND A LICENSE TO SELL ALCOHOLIC LIQUORS BY THE DRINK WHICH SELLS WINE NOT IN EXCESS OF TWENTY-ONE PERCENT ALSO MAY SELL FORTIFIED WINE TO BE CONSUMED ON AND OFF THE PREMISES; AND TO AMEND SECTION 61-6-20, AS AMENDED, RELATING TO DEFINITIONS IN THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE A DEFINITION FOR "FORTIFIED WINE".
Referred to Committee on Judiciary
H. 5234 (Word version) -- Reps. Goldfinch, Fry, McCoy, Stavrinakis, Kennedy, Bannister, Delleney, Jordan and Pope: A BILL TO AMEND THE
CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 27 SO AS TO ENACT THE "UNIFORM VOIDABLE TRANSACTIONS ACT", TO STRENGTHEN CREDITOR PROTECTIONS BY PROVIDING REMEDIES FOR CERTAIN TRANSACTIONS BY A DEBTOR THAT ARE UNFAIR TO THE DEBTOR'S CREDITORS, TO PROVIDE CHOICE OF LAW RULES, AND TO DEFINE NECESSARY TERMS.
Referred to Committee on Judiciary
The following Bill was taken up:
H. 4574 (Word version) -- Reps. Spires, Herbkersman and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "ELECTROLOGY PRACTICE ACT" BY ADDING ARTICLE 3 TO CHAPTER 13, TITLE 40 SO AS TO PROVIDE A CITATION, TO PROVIDE PURPOSES, TO PROVIDE NECESSARY DEFINITIONS, TO PROHIBIT CERTAIN CONDUCT CONCERNING THE PRACTICE AND TEACHING OF ELECTROLOGY WITHOUT LICENSURE, TO CREATE THE ELECTROLOGY LICENSURE COMMITTEE AS AN ADVISORY BOARD UNDER THE AUSPICES OF THE COSMETOLOGY BOARD, TO PROVIDE FOR THE COMPOSITION AND ORGANIZATION OF THE COMMITTEE, TO PROVIDE THE POWERS AND DUTIES OF THE COMMITTEE, TO PROVIDE REQUIREMENTS FOR LICENSURE AS AN ELECTROLOGIST AND REQUIREMENTS FOR LICENSURE AS AN ELECTROLOGY INSTRUCTOR, TO PROVIDE REQUIREMENTS FOR THE CONDUCT OF LICENSEES, TO PROVIDE PROCEDURES FOR VOLUNTARY SURRENDER OF A LICENSE AND SUBSEQUENT REINSTATEMENT, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE DISCIPLINARY PROCEDURES FOR VIOLATIONS, AMONG OTHER THINGS; TO AMEND SECTION 40-13-5, RELATING TO APPLICABILITY OF THE CHAPTER, SO AS TO MAKE A CONFORMING CHANGE; TO DESIGNATE EXISTING SECTIONS OF THE CHAPTER AS ARTICLE 1, ENTITLED "COSMETOLOGISTS, NAIL TECHNICIANS, AND ESTHETICIANS"; AND TO REDESIGNATE THE CHAPTER AS "COSMETOLOGY AND MISCELLANEOUS RELATED OCCUPATIONS".
Rep. HODGES moved to adjourn debate on the Bill until Tuesday, April 19, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1:
H. 3952 (Word version) -- Rep. Bannister: A BILL TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMERGENCY ADMISSION OF A PERSON LIKELY TO CAUSE SERIOUS HARM TO HIMSELF OR OTHERS, SO AS TO ADD A PERSON WHO MAY BECOME GRAVELY DISABLED IF NOT IMMEDIATELY HOSPITALIZED; TO AMEND SECTION 44-17-430, AS AMENDED, RELATING TO THE EXAMINATION UNDER CUSTODY OF A PERSON REQUIRING IMMEDIATE HOSPITALIZATION WHEN EXAMINATION IS NOT OTHERWISE POSSIBLE, SO AS TO ADD A PERSON WHO MAY BECOME GRAVELY DISABLED IF NOT IMMEDIATELY HOSPITALIZED; AND TO AMEND SECTION 44-17-440, RELATING TO THE CUSTODY AND TRANSPORT OF A PERSON REQUIRING IMMEDIATE CARE, SO AS TO REQUIRE A STATE OR LOCAL LAW ENFORCEMENT OFFICER WITH CRISIS INTERVENTION TRAINING AND DRESSED IN CIVILIAN CLOTHES OR AN EMERGENCY MEDICAL TECHNICIAN TO TAKE INTO CUSTODY AND TRANSPORT THE PERSON TO THE HOSPITAL.
The Committee on Judiciary proposed the following Amendment No. 1 to H. 3952 (COUNCIL\DKA\3952C001.DKA.SA16), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 44-23-10 of the 1976 Code, as last amended by Act 47 of 2011, is amended to read:
"Section 44-23-10. When used in this chapter, Chapter 9, Chapter 11, Chapter 13, Articles 3, 5, 7, and 9 of Chapter 17, Chapter 24, Chapter 27, Chapter 48, and Chapter 52, unless the context clearly indicates a different meaning:
(1) 'Attending physician' means the staff physician charged with primary responsibility for the treatment of a patient.
(2) 'Conservator' means a person who legally has the care and management of the estate of one who is incapable of managing his own estate, whether or not he has been declared legally incompetent.
(3) 'Department' means the South Carolina Department of Mental Health.
(4) 'Designated examiner' means a physician licensed by the Board of Medical Examiners of this State or a person registered by the department as specially qualified, under standards established by the department, in the diagnosis of mental or related illnesses.
(5) 'Director' means the director of the South Carolina Department of Mental Health.
(6) 'Discharge' means an absolute release or dismissal from an institution or a hospital.
(7) 'Gravely disabled' means a person who, due to mental illness, lacks sufficient insight or capacity to make responsible decisions with respect to his treatment and because of this condition is likely to cause harm to himself through neglect, inability to care for himself, personal injury, or otherwise.
(8) 'Guardian' or 'legal guardian' means a person who legally has the care and management of the person of one who is not sui juris.
(8)(9) 'Hospital' means a public or private hospital.
(9)(10) 'Interested person' means a parent, guardian, spouse, adult next of kin, or nearest friend.
(10)(11) 'Leave of absence' means a qualified release from an institution or a hospital.
(11)(12) 'Licensed physician' means an individual licensed under the laws of this State to practice medicine or a medical officer of the government of the United States while in this State in the performance of official duties.
(12)(13) 'Likelihood of serious harm' means because of mental illness there is:
(a) a substantial risk of physical harm to the person himself as manifested by evidence of threats of, or attempts at, suicide or serious bodily harm;
(b) a substantial risk of physical harm to other persons as manifested by evidence of homicidal or other violent behavior and serious harm to them; or
(c) a very substantial risk of physical impairment or injury to the person himself as manifested by evidence that the person's person is gravely disabled and that reasonable provision for the person's protection is not available in the community.
(13)(14) 'Mental health clinic' means an institution, or part of an institution, maintained by the department for the treatment and care on an outpatient basis.
(14)(15) 'Nearest friend' means any responsible person who, in the absence of a parent, guardian, or spouse, undertakes to act for and on behalf of another individual who is incapable of acting for himself for that individual's benefit, whether or not the individual for whose benefit he acts is under legal disability.
(15)(16) 'Nonresident licensed physician' means an individual licensed under the laws of another state to practice medicine or a medical officer of the government of the United States while performing official duties in that state.
(16)(17) 'Observation' means diagnostic evaluation, medical, psychiatric and psychological examination, and care of a person for the purpose of determining his mental condition.
(17)(18) 'Officer of the peace' means any state, county, or city police officer, officer of the State Highway Patrol, sheriff, or deputy sheriff.
(18)(19) 'Parent' means natural parent, adoptive parent, stepparent, or person with legal custody.
(19)(20) 'Patient' means a person who seeks hospitalization or treatment under the provisions of this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 27, Chapter 48, and Chapter 52 or any person for whom such hospitalization or treatment is sought.
(20) (21) 'Person with a mental illness' means a person with a mental disease to such an extent that, for the person's own welfare or the welfare of others or of the community, the person requires care, treatment, or hospitalization.
(21)(22) 'Person with intellectual disability' means a person, other than a person with a mental illness primarily in need of mental health services, whose inadequately developed or impaired intelligence and adaptive level of behavior require for the person's benefit, or that of the public, special training, education, supervision, treatment, care, or control in the person's home or community or in a service facility or program under the control and management of the Department of Disabilities and Special Needs.
(22)(23) 'State hospital' means a hospital, or part of a hospital, equipped to provide inpatient care and treatment and maintained by the department.
(23)(24) 'State mental health facility' or 'facility' means any hospital, clinic, or other institution maintained by the department.
(24)(25) 'State of citizenship' means the last state in which a person resided for one or more consecutive years, exclusive of time spent in public or private hospitals and penal institutions or on parole or unauthorized absence from such hospitals and institutions and of time spent in service in any of the Armed Forces of the United States; the residence of a person must be determined by the actual physical presence, not by the expressed intent of the person.
(25)(26) 'Treatment' means the broad range of emergency, outpatient, intermediate, and inpatient services and care that may be extended to a patient, including diagnostic evaluation and medical, psychiatric, psychological, and social service care and vocational rehabilitation and counseling."
SECTION 2. Section 44-17-410(1) of the 1976 Code is amended to read:
"(1) written affidavit under oath by a person stating:
(a) a belief that the person is mentally ill as defined in Section 44-23-10 and because of this condition is likely to cause serious harm to himself or others as defined in Section 44-23-10, if not immediately hospitalized;
(b) the specific type of serious harm thought probable if the person is not immediately hospitalized and the factual basis for this belief;"
SECTION 3. Section 44-17-440 of the 1976 Code is amended to read:
"Section 44-17-440. (A) The certificate required by Section 44-17-410, emergency admission, must authorize and require a state or local law enforcement officer, preferably in civilian clothes and preferably with crisis intervention training, to take into custody and transport the person to the hospital designated by the certification. No person may be taken into custody after the expiration of three days from the date of certification. A friend or relative may transport the individual to the mental health facility designated in the application or engage the services of an emergency medical technician as defined by Section 44-61-310, if the friend or relative has read and signed a statement on the certificate which clearly states that it is the responsibility of a state or local law enforcement officer to provide timely transportation for the patient and that the friend or relative freely chooses to assume that responsibility and liability. A friend or relative who chooses to transport the patient is not entitled to reimbursement from the State for the cost of
the transportation. An officer acting in accordance with this article is immune from civil liability. Upon entering a written agreement between the local law enforcement agency, the governing body of the local government, and the directors of the community mental health centers, an alternative transportation program utilizing peer supporters and case managers may be arranged for nonviolent persons requiring mental health treatment. The agreement clearly must define the responsibilities of each party and the requirements for program participation.
(B) For transportation of an individual who is committed but not yet admitted to a facility, who needs to be transported from a mental health center or an emergency department of a hospital to another facility for admission, the individual may be transported by an emergency medical technician.
(C) For an individual who has eloped after commitment, a request for an order to search, locate, and return must be issued by the probate court and transportation must be by a state or local law enforcement officer."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. BANNISTER spoke in favor of 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:
Those who voted in the affirmative are:
Allison Anderson Anthony Bales Ballentine Bannister Bernstein Bingham Bowers R. L. Brown Burns Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Fry Funderburk Gagnon Gambrell
George Gilliard Goldfinch Govan Hamilton Hart Hayes Henderson Hicks Hill Hixon Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King Kirby Knight Loftis Lowe Lucas Mack McCoy McEachern McKnight M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Nanney Newton Ott Pitts Pope Ridgeway Riley Rivers Robinson-Simpson Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Weeks White Whitmire Williams Willis Yow
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. BANNISTER, with unanimous consent, it was ordered that H. 3952 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 5209 (Word version) -- Rep. Funderburk: A BILL TO AMEND SECTION 4-10-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTIES IN WHICH THE EDUCATION CAPITAL IMPROVEMENTS SALES AND USE TAX MAY BE IMPOSED, SO AS TO REVISE THE CRITERIA APPLICABLE TO CERTAIN COUNTIES IN ORDER FOR THEM TO PLACE THE QUESTION OF IMPOSING THIS SALES AND USE TAX ON A REFERENDUM BALLOT.
Rep. FUNDERBURK moved to commit the Bill to the Committee on Judiciary, which was agreed to.
On motion of Rep. HUGGINS, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs and was referred to the Committee on Judiciary:
H. 5193 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 44-130-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESCRIPTIONS AND STANDING ORDERS FOR OPIOID ANTIDOTES, SO AS TO AUTHORIZE THE PRESCRIPTION AND DISPENSING OF OPIOID ANTIDOTES PURSUANT TO A NONPATIENT-SPECIFIC STANDING ORDER IN CERTAIN CIRCUMSTANCES.
Rep. HART asked unanimous consent to recall H. 3362 (Word version) from the Committee on Ways and Means.
Rep. WHITE objected.
Rep. GOVAN asked unanimous consent to recall H. 4536 (Word version) from the Committee on Education and Public Works.
Rep. ALLISON objected.
Rep. STAVRINAKIS moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 5168 (Word version) -- Rep. Delleney: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE LIFE OF ELIZABETH "LIBBY" TANT THRAILKILL FOR HER OUTSTANDING DEVOTION TO EDUCATION IN THE STATE OF SOUTH CAROLINA AND TO REMEMBER HER EXEMPLARY LEGACY OF SERVICE AND SACRIFICE.
H. 5184 (Word version) -- Reps. J. E. Smith, Bernstein, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR FORREST L. ALTON, MSPH, CHES, CHIEF EXECUTIVE OFFICER OF THE SOUTH CAROLINA CAMPAIGN TO PREVENT TEEN PREGNANCY (SC CAMPAIGN), ON THE OCCASION OF HIS DEPARTURE FROM THE ORGANIZATION, TO THANK HIM FOR HIS NINE YEARS OF OUTSTANDING AND DEDICATED SERVICE TO THE PEOPLE OF SOUTH CAROLINA, AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
H. 5185 (Word version) -- Reps. J. E. Smith, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND CLINTON DAVIS OF RICHLAND COUNTY FOR HIS OUTSTANDING WORK IN SUPPORT OF HOMELESS VETERANS AND THEIR FAMILIES THROUGHOUT THE MIDLANDS AND UPSTATE IN SOUTH CAROLINA AND TO WISH HIM ALL THE BEST AS HE CONTINUES TO SERVE OUR VETERANS.
H. 5186 (Word version) -- Reps. Lucas, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer,
Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO WELCOME TO THE PALMETTO STATE THE HONORABLE BOB CORLEW, FIRST VICE PRESIDENT OF LIONS CLUBS INTERNATIONAL, ON THE OCCASION OF THE 92ND ANNUAL SOUTH CAROLINA LIONS MULTIPLE DISTRICT 32 STATE CONVENTION AND TO HONOR THE LIONS CLUB FOR ITS MANY YEARS OF COMMUNITY SERVICE.
H. 5187 (Word version) -- Reps. Gagnon, Gambrell, Riley, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE COACH MARK SMITH OF ABBEVILLE HIGH SCHOOL ON ACHIEVING HIS FIVE HUNDREDTH CAREER VICTORY AS A BASEBALL COACH AND TO WISH HIM MUCH CONTINUED SUCCESS IN THE DAYS TO COME.
At 12:09 p.m. the House, in accordance with the motion of Rep. ROBINSON-SIMPSON, adjourned in memory of Otis Clement, to meet at 10:00 a.m. tomorrow.
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